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An Act for maincaining and supporting the Poor. Eit nafted by the Governor, Council and Representativus, in General Court Towns to fuper fall take care of, support and maintain their own Poor.

own poor. And the Select-men for the Time being, or Overseers of the Poor, (where a.

Provison for ny such are chosen) hall have full Power to expend or disburse out of the Town that purpolo Stock or Treasury, what they shall judge meet and necessary from Time to how mado.

Time, for the Relief, Supply and Support of any of the Poor belonging to their Town, so far as to the amount of five Pounds : And if more be needful, the said Select-men or Overseers, or the major Part of them Thall, with the Advice of the Authority of that Town, (if any there be) expend and disburse what thall be by them judged seedful for the relief of the Poor, as aforesaid.

And in case there be none of the Civil Authority in any Town, the Sele&. men, or Overseers aforesaid, of such Town, may act as fully as if they had such Advice in the Cafe aforesaid, for the relief of the Poor, and for the supplying them, or any of them with Victuals, Cloathing, Firewood, or any Thing neceffary for their Supportor Subfiftence.

And if any Select-man or Overseer of the Poor, do neglect or refuse to give a juft Account upon Oath of what he hath expended as aforesaid, and of what

Penalty for of the Town's Stock or Money is in his Custody, upon ten Days. Warning, be negled, fore an Alikant, or Justice of the Peace, when called to it by the Town, and return what is not expended, to and for the Use aforesaid, to the Town, he or they fall be committed by an Afidant, or Justice of the Peace, to the Goal, there to remain at his or their own Charge and Colt, until he or they shall give such Account, and make Return as aforesaid.

That if any poor Person of Persons who have had, or shall have Reliet or lupplies from any Town, shall suffer their Children to live idly, or mispend their Time in Loitering, and neglect to bring them up or employ them in some ho- Children to Aeft Calling, which may be profitable to themselves and the Public; or if ghere be brought hall be at any Time any Family that cannot, or da, not provide competently up to laboura for their Children ; whereby they are exposed to Want or Exưemity; or if there be any poor Children in any fach Town, that live idly, or are exposed to Want and Distress, and there are none to take care of them, it ihall and may. be lawful for the Select.men or Overseers of the Poor.in cach Town, and they are hereby impowered and directed, with the affent of the next Afitant or Jufice of the Peace, to bind out any and every such poor Child or, Children belonging to fuch Town, to be Apprentices or Servants, where they shall lee convenient ; a male Child till he comes to the Age of ¢wenty-one Years, and, a, When chil. Pemale till the comes to the Age of Eighteen; which Binding shall be as effec. dren to be tual to all Intents and purposes as if any such Child were of Full Age, and by Indenture of Covenant had bound him or herself.

And that if any, Person of Persons thall come to live in any Town in this Persons suffesState, and be there received, and entertained by the Space of three Months, and is to con if by Sickness, Lameness, or the like, heor they come to want Relief, every such

months, Person or persons fhall be provided for by thar Town wherein be.or they were so towns liable, long entertained, atlaid Town's own proper Coltand Charge; unless such Person,&c. or Persons by Law are to be provided for by any particular lababitant of such Town;er, unless such Personor Persons wanting Relief, have within the said three Moaths, been warned as the Law directs, so depart and leave the Place : And if(pch Warning be given, and the same be cerţified to the next Superior Court to be held in the same County, the said Court shall and may otherwise order the defraying the Charge arising about such indigent Person or persons,

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An A&t for providing and maintaining Pounds, and for regu:

lating the impounding Creatures, and for preventing Rescues and Pound Breach..

E it Enafted by the Governor, Council and Representatives, in General Court 10 ...

te Founds to be and from T'ime to Time kept and maintained, in every Town withif this state,

at the Charge and Cost of luch Town, a sufficient Pound or Pounds fot the im. pounding, and restraining therein, all such Horses, Cattle, Swine and other Creatures as shall be found Damage-feasant; or shall be by Law liable to be impounded.

And the Select-men in each Town shall, from Time to Time, as Need Thall Select-men to see that

require, erect and maintain a fufficient Pound or Pounds, as the Towns have they are pro- agreed or shall agree, at the proper Charge and Coft of faid Towns. " vided.

And that if any Town be at any Time hereafter, without a fufficient Pound for the Purpose 'a forefaid, the Select- men of such Town shall forfeit the Sum of

Ten Shillings per Month, for every Month such Town is unprovided with a fufOr forfeit nos

ficient Pound or Pounds so agreed on by such Town or Towns; one Half to per month. him or them that fall profecute the same to Effect, and the other Half to the in County Treasury : Any one Afittaut or Justice of the Peace to hear and deter

mine the same.

Provided nevertheless, That if any Town hath granted, or shall grant to any

particular Parish, Hamlet, Vicinity or part of any Town, Liberty at șheir owa Proviso. Colt and Charge to erect a Pound or Pounds

for their own Conveniency (which Grant fuch Towns are hereby impowered to make) the laid Pound or Pounds Mall be maintained by the said Parish, Hamlet, Vicinity or part of any Town; and the Select-men hall not suffer or be punishable for any Defects therein.

Be it further in acted by the Authority aforesaid, That any Person impoundPerfons im pounding,

ing any Horses, Cattle, Świne or other Creatures, thall give Notice thereof to

the Owner of such Creatures, as foon'as may be, if the Owner be knofti, on give speedy Pain of torfeiting the same Penalties as are hereafter in this Ad exprente al for notice to the fuch Persons' as having Notice of their Creatures being impounded, thall 'neglect

to redeem them out of Pound.**

That if any Horses, Castle, Swine, or other Creatures shall be taken Da. Horses, &c.

mage-feasant and impounded, and the Owner thereof is not known; the im i unded,

pounder shall forthwith inform one of the Constables of the Town thereof, snown, to be who Thall cry Tuch Creatures," with their natural and artificial Markets, byl sports cried, &c.

ing up the same tir the Town where they are impounded and in the nvo nexe neighbouring Towns, from whence it may be mortiikely'such Creatures came

And if no Owoer doth appear in the Case of Sheep and Swine that are im. Owner not: pounded) in eight Days after fuch. Creatures are cried and posted, as aforesaid, appearing, and in the Case of Horses and Cattle, in ewenty Days after cried and poftet &c.

* aforesaid ; then so many of the said Creature thall by she said Conftabie be fold

at an Out-cry, as may be suficient to satisfy the Damage and Pgupdage, and for Meat and Water, with the Charges arising for crying and selling the fame.

And the Marks natural and artificial of the Creatutes fofold, shall be entered Marks to be in the Town Clerk's Office, together with an Accound of the Charges arifen entered, &c. and the Price of the Creatures, and the Sum of the Overplus remaining fit - any

be) after the Town Clerk is fatisfied for Entry; and such Overplus thall be delivered to the Town Treasurer to be kept for the Owner : But if no Owner

appear within one Year, such Overplus shall belong to faid Town's Treasury. Proviso. Provided nevertheless, That the Fence about the 'in'closure out of which

Horses or Catde are impounded, mut be found fufficient by-two sworn

creatures to

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Fence-Viewers before any Sale shall be made as aforesaid. And if the Owner or Owners of such [lorses or Carule thall come within said twenty Days, he or they shall receive fuch Horse Kind or Cattle, paying for viewing said Pence, and other Damage and Cost, which by this A& fhall be due as aforesaid.

Be it further inačied by the Authority aforesaid, That if any person or Perfons, whose Creature or Creatures shall be impounded, and he or they notified Penalty for thereof, as aforesaid, shall not within twenty-four Hours after such Notice to neglecting to

redeem, &c. him or them given, either replevy or redeem his or their said Creature or Creatores out of the paind, every such Person or Perfons shall forfeitone Shilling per Head for every Beast so by him or them suffered to continue in Pound; and fo. the same Sum'a Day for every Day after the first Day that he or they fhall suffer faid Creatures to continue in Pound, besides all necessary Charges the Poundkeeper shall be at in providing and giving Meat and Water to such Creatures so continued in Pcund.

All of which Forfeiture as shall become due for Breach of this Order, shall belong one hall to the Pound-keeper, and the other half to the Town-Treafury'; Disposition of (juft Damages and Poundage being first paid ; which shall be done before said tures, &c. Creatures are released out of Pound): Any one 'Aslistant or Justice of the Peace, 'to hear and determine the same, and on Conviction of the Ofender, to grant a Warrant for levying the same, with Coft, out of the Elates of the Poslans convided, as aforgiaid.

Be it further enacted by the Authority aforesaid, That all Horse-kind which When poundbeing suffered to go at Large on the Commons, do break into any Common age is to be Field or particular Inclosure, and are there found Damage-feasant, and from les notwiththence impounded ; the Owner thereof, if known, shall pay for the Romdage standing the Four-pence per Head, and Damages, notwithftanding the insufficiency of the insufficiency Fences. And in case the Owner of such Ilorse or Horse-kind, cannot be known

of the fence,

&c. lind within the space of twenty-four Hours after the Impounding the same, they shall be accounted Strays, and be liable to be proceeded with as such. . That upon, the Repleyin of, any such Horse or Horse-kind, or other Dispute in the Law arising on any such Matter, when the Impounder has under Oath declared the place from whence he took sạid Horse, or Horle-kind, tha: unlels Replevin. the Owner of sych Horse or Horse-kind can shew to the Satisfaction of the Courtor Judice; before whom the Trialis, that the said Horse or Horse-kind were not sufa fered to go at Large on the Commons, and did enter into the said Field or In. closure, through the insufficiency of some other part of the Fence not adjoining to the Commons, judgment shall be rendered agajnft the Owner of such Horld or Horse-kind, to pay juft

Damages, together with Cofts. Be it further Enaited, That the Fee to be paid by the Owner or Owners of allach Hiprese.Causle, Sheep and Swine as Irau. be, taken Damage: fealant, Pound'ftet? and impounded (whereof Three quarters shall be to the Driver or line pounders oor and One-quarter to the Keeper, of the Key) Thall be as followeth, viz. For all, Horses, Horse-kind and Near Cattle, Eight.penge 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 lawfally impounded, fall escape and get out of Pound, the Owner thereof being known, Mall pay all just Damages and Poundage norwithkánding : Whick mall be as recoverable' by Actidhi of Debt, as any other Debt whatsoever.

Provided, The Person or Persons impounding such Creatures, fhall give Provisá." Oath that he or they took fuch Creatures Damage-feafatit.

And be it further enacted by ibe Authority aforesaid, That if any Person or Persons Mall rescue any Horses, Cattle, Sheep, Swine or other Creatures taken Penalty for up as aforesaid, out of the Hand or Custody of any Person or persons going reseuc. to Pound with them, or hall refilt them therein; or shall by any Means convey

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196

Prohibitions, Quakers.

Such Creatures out of the Pound, or Custody of the Law, whereby the Party wronged may be liable to loose his Poundage and Damages ; and the Law to be eluded, the Party fo offending fhall for such Rescues, forfeit and pay the sam of Twenty Shillings'; and tor such Pound Breach, the Sum of Forty Stillings: Three Quarters of which shall be for the Use of the Town Treasury of that Town wherein the Offence shall be committed, and one Quarter thereof to him, who Shall prosecute the same to Effect, and also shall pay all Damages to the Party

wronged by such Rescues, or Pound Breach. If unable to

And if either of faid Offences be done by any person or Persons not of Abili. pay to be whipped, &c. ty to answer and pay the Damage and Forfeiture aforesaid, such Person or Per.

Sons being convicted as aforefaid, shall by Warrant from the Authority before whom the Conviction is had, be whipped, not exceeding fifteen Stripes for meer Rescue, or Pound Breach, and shall be asigned in Service to the 'Party

wronged, to make Sacisfaction for the Damages' he shall have sustained. When mar. And if it appears that there was any Procurement of the Owner or Owners of ters or pa

the Creatures ; or that they were Abetters; or if it be done by their Servants rents liable to

or Children, the said owner or Owners shall pay all Damage and Forfeiturës, pay, &c.

as if he or they had personally done the same.

Always provided, That all Complaints for Breach of this A&, shall be profeProvifo.

çuted within nine Months after the Offence is committed, and not after.

An Act concerning Prohibitions.
Berito

E itinaited by the Governor, Council, and Representatives, in General Cowes

afimbled, and by obe Authority of the fame, That when any Perlon on Pes. Prohibition

fons fall make Suggestion to the Superior Court in this State, or in the Vaca. how obtained tion to the chief Judge, or to any two of the aflifting Judges of said Court, tbas

any other Court held in this State do exceed their Jurisdiction, or do hold plea of any Matter, Cause or Thing, whereot by Law such Court hath not Cognizance or Jurisdiction, whereby the person or persons suggesting are grieved, then, and in every fuch Cafe the said Superior Court, chief Judge ortwo affiting Judges to whom such Suggeftion is made, thall be, and they are hereby impowered to grant a Writ of prohibition, subscribed by the Chief Judge, or by two aflifting Judges of said Court, and sealed with the Seal of the said Court, directed as well to the party profecuting in, as to the Judge of foch Court that hath taken or doth take Cognizance of any fuch Caufe, Matces or Thing whereof they have no Right to hold plea; as aforesaid, prohibicing them from pro

ceeding any further. Sup. courts And the said Superior Court is hereby further impowered to proceed from power in the Time to Time thereon, and to render Judgment in every fuch Case according premises.

to the Course of the common or ftatute Law, as the Nature of the case may require, and award Costs as in other Cases, and grant Execution accordingly.

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Preamble.

An Act relative to the People commonly called Quakers. WHEREAS the People commonly called Quakers, decline and refuse to take an Ogrb in ebe ufual Form, by Realon of Scruples of Conscience.

Wherefore, in Lafement thereto :

BE

E it enalted by the Governor, Council and Representatives, in General Court offembled, and by tbe darbority of tbe famii, That every Quaker within

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this State, who shall be required upon any lawful Occafion to take the Wit- Quakers ad nesses Oath, shall inftead of the usual Form, be permitted to make his or her mitted to

take the affirsolemn Affirmation; and the same shall be adminiftred to him or her in the

mation.. Words following, viz., YOU A, B, do folemnly and fincerely affirm and declare, ubat tbe Evidence pour Form.

Shall give to this Court concerning the Caje now in Queition, shall be the Truth, the whole Trutb, and notbing but the Truth ; uponibe Pains and Penalties of Perjury.

And that in every other Case, where an Oath by Law is enjoined, the fame Thall and may be administred to them in the usual form in such Case by Law Affirmation prescribed, excepting instead of the Words, “ swear by the Name of the everliv. how and when ing God," these Words, viz. folemnly, fincerely and truely affirm and declare."

», admitted, hall be made Use of in the Room chereof; and omitting the usual close of these Words in the Form, viz.

God.And all Persons authorized or required by Law to administer an Oath, are Authority hereby authorized and directed to administer and tender the same, when there. given to adto by Law required, to the People called Quakers, in the Form' in this Aa minifter the prescribed. And be it furtber enated by the Authority, aforesaid, That the aforesaid lo

Affirmation lemn Affirmation or Declaration, when made as aforesaid, shall be adjudged and of the same taken to be of the same 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 such Quaker had taken an Oath in the usual Form.

And if any Quaker making such solemn Affirmation or Declaration, fhall be lawfully convicted of having wilfully, fally, and corruptly affirmed or declared Punishment any Matter or Thing, which if the fame had been in the usual Form, would for false affirhave amounted to wilful and corrupt Perjury; every such Quaker fo offending, mation, &c. shall incur the fame Penalties and Forfeitures as by the Laws of this state are as for perjury., cnacted againt wilful and corrupt Perjury.

An Act for the Punishment of Rape. E it enated by the Governor, Council, and Represent dtives, in General Court Rape punim.

afsembled, and by the Authority of the jame, That if any Man fhall forcea-ed with death, bly

, and without Consent ravish any Maid or Woman, by committing carnal Copulation with her against her Consent, he shall be put to Death.

Provilo. Provided, Complaint and Prosecution be made forthwith upon the Rape.

B

An A&t for collecting and paying Rates or Taxes.
E it enacted by the Governor, Council and Representatives in General Court

afsembled, and by the Artbority of the fame, That every Inhabitant in this All Inhabía State, shall (unless by Law in any Case 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 Assessment and Difrels : To public charge, be levied and collected as is or shall 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, shall be made by the fame Rule

; All rates to That is TO SAY, according, and in Proportion to the general Lit of Polls be made by and rateable Efate, from Time to Time given in, and made according to Law,

one rules except where another Rule of granting and levying Rates, Taxes or Afleffments, is by Law provided in any particular Cale or Cases.

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