Rogues, &c. to be fent to

the workhouse, &c.

Juglers, &c.

Pipers, &c.

Profane, &a

Distracted, &c.

Thieves.

Provifo.

theft, how

paid, &c.

And the Authority of that County, uniting to build as aforefaid, wherein fach Houfe happens not to be, fhall have as full Power and Authority to fend and commit any Perfon or Perfons to fuch House, as the faid Authority would by Law have, were the faid House within the County to which they belong.

And be it further enacted by the Authority aforefaid, That it fhall and may be Lawful for an Affiftans or Juftice of the Peace, in the respective Counties, and they are hereby fully authorized and impowered to fend all Rogues, Vagabonds, Sturdy Beggars, and other lewd, idle, diffolute, profane and diforderly Perfons, that have no Settlement in this State, to fuch Work-Haufes, and order them to be kept to hard Labour, under the Rules and Regulations of faid House, until released by order of Law.

Alfo all Perfons ufing, or pretending to use any fubtil Craft, Jugling, or unlawful Games or Plays, or feigning themselves to have Knowledge in Phyfiognomy, Palmiftry, or pretending they can tell Deftinies, Fortunes, or difcover where loft or ftolen Goods may be found.

Alfo common Pipers, Fiddlers, Run-aways, ftubborn Servants or Children, common Drunkards, common Night-walkers, Pilferers, wanton and lascivious Persons, either in Speech or Behaviour, common Railers or Brawlers.

Alfo fuch as are guilty of reviling and profane Speaking, or neglect their Callings, mifpend what they earn, and do not provide for themfelves, or the Support of their Families, upon due Conviction of any of the Offences or Disorders aforefaid.

Alfo Perfons under Diftraction, and unfit to go at large, whofe Relations or Friends do not take Care for their fafe Confinement.

Be it further enaded by the Authority aforejaid, That in addition to the Punishment of Theft already by Law provided, if the Conviction for Theft be before an Affistant or Justice of the Peace, the Perfon convicted shall be sentenced, and accordingly committed by fuch Authority to the Work-Houfe, or Houfe of Correction, there to be kept to hard Labour; on the firft Conviction, not lefs than one Month, and not exceeding three Months; on the fecond Conviction, not less than one Year, and not more than three Years.

And in Cafe the Conviction for Theft fhall be before the County Court, the Perfon convicted, shall, by faid Court, be fentenced and committed to the House of Correction, to labour as aforefaid; for the first Offence at leaft fix Months; and fo for a longer Time, as faid Court before whom the conviction is had, fhall think proper and determine, having Respect to the Circumstances and Aggravations of the Offence, and the Number of Convictions had.

Provided nevertheless, That no Perfon convicted of Theft, fhall on the firft Conviction, be sentenced or committed to the Work-Houle, or House of Correction, on that Account, unless the Perfon convicted be of the Age of twenty-one Years, or upwards; and alfo be in the Opinion of the Court before whom the Conviction is had, a Rogue, Vagabond, common Beggar, or a lewd, idle, profane or disorderly Perfon; any Thing in this Act in any wife contained notwithstanding.

Be it further enaded by the Authority aforejaid, That the Charges of profecutCharges for ing Perfons for Theft, upon their Conviction before the County Court, fhall be anfwered and paid out of the County Treafury of that County wherein the Profecution and Conviction fhall be; and that for refunding the fame, one Half of. the treble Damages recovered of the Perfon convicted, fhall be and belong to the faid County Treafury. And in Cafe the Earnings of fuch convicted Perfon's Labour in the Work-Houfe, clear of all lawful Deductions, be not fufficient to pay the Charge of his Profecution, and the faid treble Damages, and he hath no Eftate to fatisfy the fame, he thall be difpofed of in Service to answer the fame,

or the Remainder thereof, according as the Law has provided and directed in fuch Cafes.

Beit further enacted, That when any Perfon fhall be committed to any Materials Houfe of Correction, or Work-Houfe, in Cafe he or she belong not to any Town how found & in this State, fuitable Materials, such as are necessary and convenient for keep- paid for ing fuch Perfons to work during their abode there, fhall be paid for out of the State Treafury. And in Cafe he or she belongs to any Town in this State, that fuch Materials as aforesaid, fhall be provided at the Charge of faid Town; and the Select-men of the faid Town fhall deliver the fame to the Master of fuch House, or be accountable to him for the Charge and Expence thereof, and affefs the Inhabitants for the fame. And when any ftubborn Children or Ser- Stubborn vants thall be fent thither as aforesaid, the aforementioned Materials fhall be provided at the Charge of their Parents or Mafters (if able) during their abode in fuch Work-Houfe.

children.

And each Perfon committed as aforesaid, shall be allowed out of their Earnings, but two thirds thereof, for their Support and making Satisfaction for the Allowance. Charge expended in bringing in and furnishing Matterials; and the Overplus of fuch Earnings, to be to the Mafter of the House to account for.

And if fuch Perfons are Masters, or Heads of Families, then and in fuch Cafe Masters of fan the whole Profit and Benefit of their Labours, or so much thereof as the County milies com. Court of that County where fuch Perfons are committed fhall think neceffary, mitted. and direct, shall be for the relief and support of their Families.

Allowance to their families.

lieved...

And if any Person or Perfons committed to faid Houfe of Correction shall be unable to Work, or be weak or fick, then to be relieved by the Master or Keeper of fuch House, who fhall be again reimbursed what he fhall fo neceffarily expend for the Relief of fuch Perfon or Perfons, out of the public Treasury of this Unable to State, if the Perfon belong not to any Town within the State; and if the Per- work how.com fon belongs to any Town in this State, then by the Select-men of that Town: And the Select-men may affefs the Inhabitants of fuch Town to answer the fame; except fuch Perfons being weak or fick as aforefaid, were at the Time of their Commitment in their Minority, and under the care of Parents or Masters ; then and in every fuch Cafe the Parents or Mafters of fuch Perfons fhall reimburse what neceffary Charges the Mafter or Keeper of fuch Houfe of Correction fhall neceffarily expend for their Relief.

Be it further enacted by the Authority aforefaid, That the Mafter or Keeper

of each House of Correction, shall be allowed for his Care, Labour and Service, Allowance vo in looking after those committed to his Care, and for relieving them who shall the maiter. happen to be fick or weak, fuch reasonable Satisfaction, to be made by the County, Sele-men, Parents or Mafters, as the County Court fhall direct and appoint, if the Earnings of fuch Perfon or Perfons fhall not be fufficient to dif charge the fame, over and above what is allowed them out of their Earnings, for their Relief.

And the Mafter or Keeper fhall keep an exact Account of all Profits and Earnings that fhall be made by the Labour ofthofe under his Cuftody, from Time to Time, and prefent the fame (upon Oath if required) unto the County Court in fuch County; out of which Earnings the faid Mafter or Keeper of fuch Houfe fhall have his Allowance; and also a Compenfation to faid Overfeer or Overfeers for their Trouble as aforefaid, as faid Court fhall think proper and order; and until the Earnings as aforesaid, shall produce a fufficiency for faid Purpose, what ie wanting fhall be made up out of the County Treafury, to be refunded out of the Overplus of the atter Earnings.

Master to

keep account,

&C.

And the Mafter or Keeper of fuch House that shall refufe to account as aforefaid, or fhall otherwife be negligent of his Duty required by this Act, fhall be Penalty for Hable to fuch Fine or Punishment as faid County Court shall order and direct. neglect.

210

Masters' duty.

to hackle, punish, &c.

Rum.

Be it further Enacted, That the Mafters or Keepers of fuch Houses of Core rection refpectively, fhall receive all fuch Perfons as fhall be fent there as afore Maid, and fhall keep them to fuch Labour as they are capable of and able to perform, for fuch Time as they fhall be ordered to continue and remain in fuch ` Houfe; and punish them (if need be) by putting Fetters or Shackles upon them, and by moderate Whipping, not exceeding ten Stripes at one Time; which (unless the Warrant of Commitment do otherwise direct) fhall be inflifted at their first Entrance, and from Time to Time, in Cafe they be flubborn, diforderly or idle, and do not perform their Tafk, and that in good Condition, according as they shall be reasonably ftinted; or elfe may abridge them of their Food, as the Caufe fhall require, until they be reduced to better Order and Obedience: Said Masters however, from Time to Time taking and oblerving fuch Orders and Directions as the Overfeer or Overfeers fhall give therein.

And be it further Enacted, That if any Perfon or Perfons, committed to faid Abfconding Houfe of Correction, thall unlawfully abfcond, or make his Efcape therefrom, to betcorrect or depart without the Licence of the Mafter of faid Houfe, they shall on being returned, &c. returned to faid House again, be corrected by Whipping on the naked. Body, not exceeding thirty Stripes for one Offence; and fo toties quoties: Which Corrections the Mafter shall be careful to fee duly performed.

ed on Leing

Goals to be work houses

until, &c.

Gasivkeepers to be masters. &c.

Perfons or

dered to work houfe to be fent to

goal until, &c

pence per

gallon on all rum imported.

Waftage allowed.

Bond to be

given for the duties, &c.

Rum forfeited in cafe the

And be it further enacted by the Authority aforefaid, That the feveral Gaols in the refpective Counties, thall be, and they are hereby made to be WorkHoufes, or Houfes of Correction; to be used and improved according to the Directions and Orders before in this A&t refpecting Houses of Correction and the Government thereof, until there fhall be fuch House or Houfes of Correction built, as aforefaid.

And the Keeper of the Gaols for the Time being, or fuch as they refpectively fhail appoint, thall be the Mafters or Keepers of fuch Gaols, as Houfes of Correction, and fhall have the fame Authority and be under the fame Regulations as is before in this Act given and provided refpecting Houses of Carrection. And all Perfons ordered to be fent to a Houle of Correction according to this Act, shall be fent to and received into fuch Gaols, and there be kept, taken Care of, and governed according to the Directions of this Act, until fuch Houfe or Houfes fhall be provided as aforefaid; any Thing before in this Aft notwithstanding.

An Act for laying and collecting Duties on the Importation of

and by

Rúm.

Bajembe, the Ge Authority of the game. all Mafteis of Velfels, of E it enacted by the Governor, Council and Representatives, in General Court other Perions importing any Rum into this State, fhall pay to fome NavatOfficer, for the use of this State, Two-pence per Gallon for every Gallon of Rum by fuch Mafter or other Perfon imported as aforefaid.

And all fuch Mafters or Importers of Rum as aforesaid, fhall be allowed for Waftage five per Cent. for Rum imported directly from the W-Indies, and two per Cent. for Rum imported from the neighbouring States And whenfo ever it fhall happen that the faid Mafter or Importer fhall not have the ready Money to pay the Duties aforefaid, he fhall become bound to the Treasurer of this State, in a Bond double the Amount of faid Duties, conditioned for the Payment of faid Duty with Intereft, in two Months then next coming.

Be it further enacted by the Authority afotelaid, That all Rum as shall be imported or brought into this State, and landed or offered to Sale in any of duties are un- the Roads, Harbours, Creeks or Rivers thereunto belonging, without first paypaid. ing or fecuring the Duty as aforelaid, fhall be forfeited, the one Half to the

Informer that shall profecute to Effect, and the other Half to the State Treafuser, for the Ufe of this State.

And whenfoever any Person shall inform any Affiftant or Juftice of the Peace, Search-watof the Breach of this Order, he shall forthwith grant a Writ to the Sheriff or rant to break Contable, commanding them to make diligent Search for the fame, with open houfes, Power (if need be) to break open any Houfe, Veffel, Ware Houfe or Store, to &c. make Search in any fufpected Place, and to feize the faid Rum, and fecure the fame till the next County Court in the County where it fhall be taken; who Thail declare the fame to be forfeited, and dispose thereof for the Ule aforefaid: Unless the Owner thereof shail produce a Certificate from the Naval-Officer, that the Duty laid by this Act has been actually paid for the fame, according to the true Intent and Meaning thereof; and make Oath that the Rum for which the Certificate is produced, is the very Rum for which the Duty has been paid; or otherwise, shew to the Satisfaction of the Court that the Duties laid by this A& have been truly paid..

And for the more effectual collecting the said Duty ;

Be it further enacted by the Authority aforefaid, That all Mafters of Ships Matters to and other Veffels, as well open Boats as others, coming into any Harbour, make report Port, Creek or River within this State, from beyond Sea, or from any other in 24 hours after arrival, Place out of this State, fhall make Report to fome Naval-Officer of this State, &c. of the Contents of the Loading of fuch Ship or Veffel; which Report fuch Mafzer shall give in to the Nayal-Officer under his Hand; and fhall therein fet down and exprefs the Quantity of Hogfheads, Tierces, Barrels or other Calks of Rum loaden on Board fuch Ship or Veifel, with the Marks and Numbers thereof, and to whom the fame is configned: And alfo make Oath thereunto in the Tomake following Manner :

YOU A. B. fwear that the Report or Manifeft of the Contents of your Load-
του
ing, by jou produced under your Hand, contains a just and true Account, to

dath

the beft of your Knowledge, of the whole Loading taken on board and imported in your Veffel, from the Port or Ports jaid Vessel came from; and that you have not Form of the broken Bulk, nor delivered any of the Rum loaden on jaid Veffel, directly or indi- 9th. realy; and that if you sball know of any more Rum to be imported therein, before s the Landing thereof, you will cause it to be added to your Manifeft.

So help you GOD.

ཏྭཾ ཀུ་ཏྲི་བས་མུ་འགྲུབ་(") Which Oath the faid Naval Officer is hereby impowered to adminifter; af- To be admiter which fuch Mafter may unload, and not before, on pain of forfeiting the niftred by the Sum of Fifty Pounds, to be paid by each Mafter that fhall neglect his Duty in naval officer. this behalf.

Be it further enacted by the Authority aforesaid, That no Rum shall be landed on any Wharf, or in any Ware houfe or other Place, but in the Day Time only,"

unleís.

and that after Sunrife, and before Sunfet; unless in the Prefence of, or with No rum to be
the Confent and Permiffion of the Naval Officer to whom the Duty is payable, landed but in
on pain of forfeiting all fuch Rum, and the Lighter, Boat, or Vefiel out of the day time,
which the fame thall be landed, or put into any Ware-house or other Place.
And if any Perfon or Perfons shall not have, and produce, an Invoice of the
Number of Galions of Rum, by him or them imported, or to him or them con-
figned, and make Oath to the fame, as is before in this Act provided, then the Invoice to he?
Calk wherein the fame is, fhall be gauged at the Charge of the Importer, that produced, Ber
the Quantity thereof may be truly known.

That the Malter of any Ship or other Veffel, importing any Rum, fhall be Mafters lia-
liable to, and shall pay the Duty for fuch, and fo much thereof contained in his ble for the
duties.
Manifeft as fhall not be duly entred nor the Duty paid for the fame by the Per-
fon or Perfons to whom fuch Rumisor fhall be configned.

And it hall and may be lawful for the Mafter of any Ship or Veffel, to How to fecure fecure and detain in his Hands, at the Owners Rifque, all fuch Rum im themfelves.

cure them

felves.

How to fe- ported in fuch Ship or Veffel, until he shall receive a Certificate from the Na val Officer to whom he delivered his Manifeft, that the Duty for the fame is paid, and until he be repaid his neceffary Charges in fecuring the fame, or fuch Mafter may deliver fuch Rum, as is not entred as aforefaid, unto the Naval Officer in fuch Port, or his Order; who is hereby impowered and directed to receive and keep the fame, at the Owner's Rifque, until the Impoft thereof with the Charges, be paid, and then to deliver fuch Rum as fuch Mafter fhall dire&t. Be it further enacted by the Authority aforejaid, That the Naval Officer or receiver of the Duty, or Impoft, in each Port, fhall be, and is hereby impowerNaval-officer ed to fue the Mafter of any Ship or Veffel, for the Impoft or Duty, for fo much to Yue, &c. of the Rum, imported therein according to the Manifeft by him given upon Oath, as aforefaid, as fhall remain not entred, and the Duty or Impoft thereof not paid by the Perfon to whom it is configned as aforefaid.

Veffe! liable,

Naval-officer

And that the Ship or Veffel, with her Tackle and Appurtenances, the Mafter of which shall make Default in any Thing by this Act required to be performed by him, fhall be liable to make good the Sum or Sums forfeited by fuch Mafter, according to this Act, for any fuch Default; as alfo to make good the Impoft or Duty for any fuch Rum, not entered as aforefaid: And upon Judgement against fuch Mafter, the faid Ship or Veffel, or fo much of the Tackle or Appurtenances thereof as fhall be fufficient to fatisfy faid Judgment, may be taken in Execution for the fame.

And the Naval Officer or Receiver of the Impoft is hereby impowered to make Seifure of fuch Ship or Veffel, and detain the fame, under Seifure until Judgement be given in any Suit to be commenced and profecuted for any of the faid Forfeitures, or Impoft, to the Intent that if Judgment be rendered for to make fei- the Profecutor or Informer, fuch Ship or Veffel, and Appurtenances may be expofed for Satisfaction thereof, as is before provided; unless the Owners, or fome on their behalf, for the releafing of fuch Ship or Veffel from under Seifure or Refraint, shall give fufficient Security to the Naval Officer that Seifed the fame, to refpond and fatisfy the Sum or Value of the Forfeiture and Duties, with Charges, that shall be recovered against the Mafter thereof, upon Suit to be brought for the fame as aforefaid.

zure, &c.

Owner to fue the mafter, &c.

And the Mafter occafioning fuch Lofs and Damage unto his Owners, through. his Default or Neglect, fhall be liable unto their Action for the fame.

And the Naval Officers, or Receivers of the Impoft, in the feveral Ports of Bills of ftore this State, are hereby impowered to allow Bills of Store to the Mafter of any to be allow'd. Ship or Veffel, importing any Rum for fuch private Adventures as fhall Bona Fide, belong to the Mafter, or Seamen of fuch Ship, or other Veffel, at the Difcretion of the faid Naval Officer; not exceeding two per Cent. of the Loading: And the Duties payable for fuch Rum in fach Bills of Store mentioned and expreffed shall be abated.

Forfeitures

of.

And the Naval Officers shall be allowed five per Gent. on all Monies they fhall collect and pay in to the Treasury of this State, on Account of the Duties collected by them by Virtue of this Act.

And be it further enacted by the Authority aforefaid, That all Penalties and how difpofed Forfeitures accruing, or arifing by Virtue of this Act, fhall be one Half to the.. Treasurer of this State for the Uie of the State; and the other Half to him or them who fhall feife, inform and fue for the fame, by Action, Bill, Plaint, or Information, in any Court of Record: The whole Charge of Prosecution to be taken out of the Half belonging to the Informer.

Who to pro

And all Naval Officers, Sheriffs, Conftables, and Grand-jurors, are hereby fecute, &c. ftrictly charged to make diligent Enquiry after, and make irue Information of • all Breaches of this Act.