Poor.

An Act for maintaining and fupporting the Poor.

193

E it enacted by the Governor, Council and Representatives; in General Court Towns to fup

Baffembled, and by the tube, Council

fhall take care of, fupport and maintain their own Poor.

own poor.

And the Select-men for the Time being, or Overfeers of the Poor, (where a- Provifion for ny fuch are chofen) shall have full Power to expend or difburfe out of the Town that purpofs Stock or Treafury, what they shall judge meet and neceffary from Time to how made. Time, for the Relief, Supply and Support of any of the Poor belonging to their Town, fo far as to the amount of five Pounds: And if more be needful, the faid Select-men or Overfeers, or the major Part of them fhall, with the Advice of the Authority of that Town, (if any there be) expend and disburse what fhall be by them judged needful for the relief of the Poor, as aforefaid.

And in case there be none of the Civil Authority in any Town, the Selectmen, or Overseers aforefaid, of fuch Town, may act as fully as if they had fuch Advice in the Cafe aforesaid, for the relief of the Poor, and for the fupplying them, or any of them with Victuals, Cloathing, Firewood, or any Thing neceffary for their Support or Subfiftence.

And if any Select-man or Overfeer of the Poor, do neglect or refuse to give a juft Account upon Oath of what he hath expended as aforesaid, and of what of the Town's Stock or Money is in his Cuftody, upon ten Days Warning, be fore an Affiftant, or Juftice of the Peace, when called to it by the Town, and return, what is not expended, to and for the Ufe aforefaid, to the Town, he or they shall be committed by an Affiftant, or Juftice of the Peace, to the Goal, there to remain at his or their own Charge and Coft, until he or they shall give such Account, and make Return as aforefaid.

That if any poor Perfon or Perfons who have had, or shall have Relief or fupplies from any Town, fhall fuffer their Children to live idly, or mifpend their

Penalty for neglect.

Time in Loitering, and neglect to bring them up or employ them in fome ho- Children to neft Calling, which may be profitable to themselves and the Public; or if there be brought fhall be at any Time any Family that cannot, or do not provide competently up to labour. for their Children; whereby they are expofed to Want or Extremity; or if there be any poor Children in any fuch Town, that live idly, or a are expofed to Want and Distress, and there are none to take Care of them, it shall and may be lawful for the Select-men or Overfeers of the Poor in each Town, and they are hereby impowered and directed, with the affent of the next Affiftant or Jufice of the Peace, to bind out any and every, fuch poor Child or, Children belonging to fuch Town, to be Apprentices or Servants, where they fhall fee convenient; a male Child till he comes to the Age of twenty-one Years, and When chil a Female till fhe comes to the Age of Eighteen; which Binding fhall be as effec. dren to be tual to all Intents and purposes as if any fuch Child were of full Age, and by Indenture of Covenant had bound him or herself.

bound out,

q&c.

tinue three

And that if any, Perfon or Perfons hall come to live in any Town in this Perfons fufferState, and be there received, and entertained by the Space of three Months, and ed to conif by Sickness, Lameness, or the like, heor they come to want Relief, every fuch months, Perfon or Perfons shall be provided for by that Town, wherein be or they were fo towns liable, long entertained, at faid Town's own proper Coftand Charge; unless fuch Perfon &c. or Perfons by Law are to be provided for by any particular Inhabitant of fuch Town; or, unless fuch Perfon or Perfons wanting Relief, have within the said three Months, been, warned as the Law directs, to depart and leave the Place: And if fuch Warning be given, and the fame be certified to the next Superior Court to be held in the fame County, the faid Court fhall and may otherwise order the defraying the Charge ariling about fuch indigent Perfon or Perfons.

194

Pounds to be kept in each

town.

Select-men

Pounds.

An Act for providing and maintaining Pounds, and for regulating the impounding Creatures, and for preventing Ref cues and Pound Breach..

Bembled, and by the authority of the Jam, That there hall be made, Eit Enated by the Governor, Council and Representatives, in General Court and from Time to Time kept and maintained, in every Town within this State, at the Charge and Cost of fuch Town, a fufficient Pound or Pounds for the impounding and reftraining therein, all fuch Horfes, Cattle, Swine and other Creatures as fhall be found Damage-feafant; or fhall be by Law liable to be impounded.

And the Select-men in each Town fhall, from Time to Time, as Need fhall require, erect and maintain a fufficient Pound or Pounds, as the Towns have they are pro- agreed or fhall agree, at the proper Charge and Coft of faid Towns.

to fee that

vided.

Or forfeit 10s per month.

Provifo.

Perfons-im

pounding, d creatures to

give fpeedy notice to the

owner.

Horfes, &c.

in unded,

ers not

And that if any Town be at any Time hereafter, without a fufficient Pound for the Purpole aforefaid, the Select men of fuch Town fhall forfeit the Sum of Ten Shillings per Month, for every Month fuch Town is unprovided with a fufficient Pound or Pounds fo agreed on by fuch Town or Towns; one Half to him or them that shall profecute the fame to Effect, and the other Half to the County Treasury: Any one Affiftaut or Juftice of the Peace to hear and determine the fame.

Provided nevertheless, That if any Town hath granted, or fhall grant to any particular Parish, Hamlet, Vicinity or part of any Town, Liberty at their owa Coft and Charge to erect a Pound or Pounds for their own Conveniency (which Grant fuch Towns are hereby impowered to make) the faid Pound or Pounds fhall be maintained by the faid Parish, Hamlet, Vicinity or part of any Town; and the Select-men fhall not fuffer or be punishable for any Defects therein.

Be it further enacted by the Authority aforesaid, That any Perfon impounding any Horfes, Cattle, Świne, or other Creatures, fhall give Notice thereof to the Owner of fuch Creatures, as foon as may be, if the Owner be known, on Pain of torfeiting the fame Penalties as are hereafter in this Act expreffed for fuch Perfons as having Notice of their Creatures being impounded, fhall néglect

to redeem them out of Pound."

That if any Horfes, Cattle, Swine, or other Creatures fhall be taken Damage-feafant and impounded, and the Owner thereof is not known; the Ime pounder fhall forthwith inform one of the Conftables of the Town thereof, nown, to be who fhall cry fuch Creatures, with their natural and artificial Marks, by pos cried, &c. ing up the fame it the Town where they are impounded and in the two next neighbouring Towns, from whence it may be oft likely fuch Creatures came, ‚I!, ་ And if no Owner doth appear (in the Cafe of Sheep and Swine that are im pounded) in eight Days after fuch Creatures are cried and pofted, as aforefaid, and in the Cafe of Horfes and Cattle, in twenty Days after cried and' poftet s "aforefaid; then so many of the said Creature shall by the faid Conftable, be fold at an Out-cry, as may be fufficient to fatisfy the Damage and Poundage, and for Meat and Water, with the Charges arifing for crying and felling the fame.

Owner not appearing, &46.

And the Marks natural and artificial of the Creatures fo fold, fhall be entered Marks to be in the Town Clerk's Office, together with an Account of the Charges arifen entered, &c. and the Price of the Creatures, and the Sum of the Overplus remaining (it any be) after the Town Clerk is fatisfied for Entry; and fuch Overplus thall be delivered to the Town Treasurer to be kept for the Owner: But if no Owner appear within one Year, fuch Overplus fhall belong to faid Town's Treasury.

Provifo.

Provided nevertheless, That the Fence about the Inclofure out of which Horfes or Cattle are impounded, muft be found fuflicient by two (worn

Pounds.

Fence-Viewers before any Sale fhall be made as aforefaid. And if the Owner or Owners of fuch Horfes or Cattle fhall come within faid twenty Days, he or they fhall receive fuch Horfe Kind or Cattle, paying for viewing faid Fence, and other Damage and Coft, which by this A&t fhall be due as aforefaid.

195

redeem, &c.

Be it further enacted by the Authority aforefaid, That if any Perfon or Perfons, whofe Creature or Creatures fhall be impounded, and he or they notified Penalty for thereof, as aforelaid, fhall not within twenty-four Hours after fuch Notice to neglecting to him or them tures out of given, either replevy or redeem his or their faid Creature or Crea Pound, every fuch Perfon or Perfons shall forfeit one Shilling per Head for every Beaft fo by him or them fuffered to continue in Pound; and fo the fame Suma Day for every Day after the first Day that he or they fhall fuffer faid Creatures to continue in Pound, befides all neceffary Charges the Poundkeeper fhall be at in providing and giving Meat and Water to fuck Creatures fo continued in Pound.

7

All of which Forfeiture as fhall become due for Breach of this Order, fhall belong one half to the Pound-keeper, and the other half to the Town-Treafury', Difpofition of (juft Damages and Poundage being first paid; which shall be done before faid tures, &c. Creatures are releafed qut of Pound): Any one Affiftant or Juftice of the Peace, to hear and determine the fame, and on Conviction of the Offender, to grant a Warrant for levying the fame, with Coft, out of the Eltates of the Perfons convicted, as aforefaid.

paid for hor

Be it further enacted by the Authority aforefaid, That all Horfe-kind which When poundbeing fuffered to go at Large on the Commons, do break into any Common age is to be Field or particular Inclofure, and are there found Damage-feafant, and from fes notwiththence impounded; the Owner thereof, if known, fhall pay for the Roundage ftanding the Four-pence per Head, and Damages, notwithstanding the infufficiency of the infufficiency Fence. And in cafe the Owner of fuch Horfe or Horfe-kind, cannot be known of the fence, within the pace of twenty-four Hours after the Impounding the fame, they hall be accounted Strays, and be liable to be proceeded with as fuch.

That upon the Replevin of any fuch Horse or Horse-kind, or other Dispute in the Law arifing on any fuch Matter, when the Impounder has under Oath

declared the Place from whence he took faid Horfe, or Horfe kind, that unless Replevin. the Owner of fuch Horfe or Horse-kind can fhew to the Satisfaction of the Court or Juice, before whom the Trial is, that the faid Horfe or Horfe-kind were not fuffered to go at Large on the Commons, and did enter into the faid Field or inclosure, through the infufficiency of fome other part of the Fence not adjoining to the Commons, Judgment fhall be rendered against the Qwner of fuch Horie or Horfe-kind, to pay juft Damages, together with Cofts.,

Be it further Enacted, That the Fee to be paid by the Owner or Owners of allfach Hores, Cattle, Sheep and Swine as all be taken Damage-feafant, and impounded (whereof Three-quarters shall be to the Driver or Impounders and One-quarter to the Keeper, of the Key) thall be as followeth, viz. For all, Horfes, Horfe-kind and Neat-Cattle, Eight-pence per Head For all Sheep, One-penny per Head: For all Swine, Eight-pence per Head; except where the, Law provides otherwise.

And that if any Creatures lawfully impounded, fhall efcape and get out of Pound, the Owner thereof being known, fhall pay all juft Damages and Poundage notwithstanding: Which thall be as recoverable by Action of Debt, as any other Debt whatfoever.

Pound fees.2

Provided, The Perfon or Perfons impounding fuch Creatures, fhall give 'Provifa. Oath that he or they took fuch Creatures Damage-feafant.

15

And be it further enacted by the Authority aforesaid, That if any Perfon or Perfons (hall refcue any Horfes, Cattle, Sheep, Swine or other Creatures taken Penalty for up as aforefaid, out of the Hand or Cuftody of any Perfon or Perfons going refeuc. to Pound with them, or fhall refit them therein, or fhall by any Means convey

T

196

If unable to

pay to be

Prohibitions. Quakers.

fuch Creatures out of the Pound, or Cuftody of the Law, whereby the Party wronged may be liable to loofe his Poundage and Damages; and the Law to be eluded, the Party fo offending fhail for fuch Refcues, forfeit and pay the Sum of Twenty Shillings; and tor fuch Pound Breach, the Sum of Forty Shillings: Three Quarters of which shall be for the Ufe of the Town Treafury of that Town wherein the Offence shall be committed, and one Quarter thereof to him, who shall prosecute the fame to Effect; and alfo fhall pay all Damages to the Party wronged by fuch Rescues, or Pound Breach.

And if either of faid Offences be done by any Perfon or Perfons not of Abiliwhipped, &c. ty to anfwer and pay the Damage and Forfeiture aforefaid, fuch Perfon or Perfons being convicted as aforefaid, fhall by Warrant from the Authority before whom the Conviction is had, be whipped, not exceeding fifteen Stripes for meer Rescue, or Pound Breach, and fhall be affigned in Service to the Party wronged, to make Satisfaction for the Damages he fhall have fustained.

When mafters or pa

rents liable to pay, &c.

Provifo.

And if it appears that there was any Procurement of the Owner or Owners of the Creatures; or that they were Abetters; or if it be done by their Servants or Children, the faid owner or Owners shall pay all Damage and Forfeitures, as if he or they had personally done the fame.

Always provided, That all Complaints for Breach of this Act, fhall be profecuted within nine Months after the Offence is committed, and not after.

An Act concerning Prohibitions.

Eit naled by the Governor, Council, and Reprefentatives, in General Court

affembled, and by the Authority of the fame, That when any Perion or Per.. fons fhall make Suggeftion to the Superior Court in this State, or in the Vacahow obtained tion to the chief Judge, or to any two of the affifting Judges of faid Court, that

Prohibition

&c.

Sup. courts

power in the

premises.

Preamble.

any other Court held in this State do exceed their Jurifdiction, or do hold plea of any Matter, Caufe or Thing, whereof by Law fuch Court hath not Cognizance or Jurifdiction, whereby the perfon or perfons fuggefting are grieved, then, and in every fuch Cafe the faid Superior Court, chief Judge ortwo allifting Judges to whom fuch Suggeftion is made, fhall be, and they are hereby impowered to grant a Writ of prohibition, fubfcribed by the Chief Judge, or by two affifting Judges of faid Court, and fealed with the Seal of the faid Court, directed as well to the party profecuting in, as to the Judge of fach Court that hath taken or doth take Cognizance of any fuch Caufe, Matter or Thing whereof they have no Right to hold plea, as aforefaid, prohibiting them from proceeding any further.

And the faid Superior Court is hereby further impowered to proceed from Time to Time thereon, and to render Judgment in every fuch Cafe according to the Course of the common or ftatute Law, as the Nature of the Cafe may require, and award Cofts as in other Cafes, and grant Execution accordingly.

An Act relative to the People commonly called Quakers.

WHEREAS the People commonly called Quakers, decline and refuse to take an
Oath in the ufual Form, by Realon of Scruples of Confcience.
Wherefore, in Easement thereto :

B

Eit enalled by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That every Quaker within

take the affir

this State, who fhall be required upon any lawful Occafion to take the Wit- Quakers ad» neffes Oath, fhall instead of the ufual Form, be permitted to make his or her mitted to folemn Affirmation; and the fame shall be adminiftred to him or her in the mation. Words following, viz.

TOU A. B. do folemnly and fincerely affirm and declare, that the Evidence you Form fhall give to this Court concerning the Cafe now in Question, shall be the Truth, the whole Truth, and nothing but the Truth; upon the Pains and Penalties of Perjury.

And that in every other Cafe, where an Oath by Law is enjoined, the fame fhall and may be adminiftred to them in the ufual Form in fuch Cafe by Law Affirmation prefcribed, excepting inftead of the Words, "fwear by the Name of the everliv- how and when ing God," thefe Words, viz. folemnly, fincerely and truely affirm and declare." fhall be made Use of in the Room thereof; and omitting the ufual close of these Words in the Form, viz. So help you God."

admitted.

And all Perfons authorized or required by Law to adminifter an Oath, are Authority hereby authorized and directed to adminifter and tender the fame, when there- given to adto by Law required, to the People called Quakers, in the Form in this Act minifter the prescribed.

affirmation.

And be it further enacted by the Authority aforefaid, That the aforefaid fo- Affirmation lemn Affirmation or Declaration, when made as aforefaid, fhall be adjudged and of the fame taken to be of the fame Force and Effect, to all Intents and Purposes in all validity of Courts of Justice and other Places, where by Law an Oath is required, within an oath. this State, as if fuch Quaker had taken an Oath in the ufual Form.

And if any Quaker making fuch folemn Affirmation or Declaration, fhall bẹ lawfully convicted of having wilfully, falfly, and corruptly affirmed or declared Punishment any Matter or Thing, which if the fame had been in the ufual Form, would for falfe affirhave amounted to wilful and corrupt Perjury; every fuch Quaker fo offending, mation, &c. shall incur the fame Penalties and Forfeitures as by the Laws of this State are as for perjury. enacted against wilful and corrupt Perjury.

An Act for the Punishment of Rape.

BE it enacted by the Governor, Council, and Reprefentatives, in General Court Rape punish-
bly, and without Confent ravish any Maid or Woman, by committing carnal
Copulation with her against her Confent, he fhall be put to Death.
Provided, Complaint and Profecution be made forthwith upon the Rape.

B1

An Act for collecting and paying Rates or Taxes.

Provifo.

in All

E it enacted by the Governor, Council and Representatives in General Court affembled, and by the Authority of the fame, That every Inhabitant in this All InhabiState, fhall (unless by Law in any Cafe exempted) contribute to public Char- tants to conges, both civil and ecclefiaftical, whereof he doth or may receive Benefit; may, tribute to the and fhall be compelled thereunto, if need be, by Affeffment and Diftrefs: To public charge, be levied and collected as is or fhall be by Law provided.

And all Rates and Taxes that shall be granted by the General Court; and all other Rates or Taxes of Counties, Towns, Societies; or any Community by Law enabled to grant and levy Taxes, fhall be made by the fame Rule; All rates to THAT IS TO SAY, according, and in Proportion to the general Lift of Polls be made by and rateable Eftate, from Time to Time given in, and made according to Law, except where another Rule of granting and levying Rates, Taxes or Affeffments, is by Law provided in any particular Cafe or Cafes.

one rules