An Act for the due Obfervation of the Sabbath or Lord's

Day.

duties of re

E it enacted by the Governor, Council and Representatives, in General Court All perfons to Peons in this State fhall, and they are hereby required, on the Lord's-Day felves on the carefully to apply themselves to duties of Religion and Piety, publicly and fabbath to privately: And whatsoever Person shall not duly attend the public Worship of ligion, and to God on the Lord's-Day in fome Congregation allowed by Law, provided there attend public be any on which he can confcientiously and conveniently attend, unless hindred worship. by Sickness, or otherwife neceffarily prevented, fhall for every fuch Offence, pay a Fine of Three Shillings, and being prefented to Authority fhall be deem- Provifo. ed guilty thereof, if fuch Perfon fhall not be able to prove to the fatisfaction of fuch Authority, that he or she has attended the faid Worship.

verfion.

That no Perfon or Perfons whatever shall keep open his or her Shop, Ware- No fecular houfe or Work-houfe; nor fhall upon Land or Water, do any Manner of fecu- bufinefs to be lar Bufinefs, Work or Labour, (works of Neceffity and Mercy excepted) nor be done, nor dipresent at any Concert of Mufic, Dancing, or any public Diverfion, Shew, or Entertainment, nor ufe any Sport, Game, Play or Recreation on the Lord's- on penalty. Day, or any Part thereof, upon Penalty that every Perfon so offending shall pay a Fine not exceeding I wenty Shillings, nor less than Ten Shillings.

That no Traveller, Drover, Waggoner, Teamfter or any of their Servants

fhall travel on the Lord's-Day, (except from Neceflity or Charity) on Penalty Not to travel of forfeiting a Sum, not exceeding Twenty Shillings, nor less than Ten Shillings.

vene in com.

And that no Perfons fhall convene and meet together in Company or Com. Not to conpanies in the Streets or elsewhere, nor go from his or her Place of Abode on the Lord's-Day, unlefs to attend upon the public Worship of God, or fome streets, &c. work of Neceffity or Mercy, on Penalty of Five Shillings.

That no Innholder or other Perfon keeping any public House of Entertain- Not to frement, shall entertain, or suffer any of the Inhabitants of the refpective Towns quent taverns where they dwell, or others, not being Strangers or Lodgers in fuch Houses, to &c. abide or remain in their Houses, or any of the Dependencies thereof, drinking or idly spending their Time on Saturday Night after funfet, or on the Lord'sDay, or on the Evening following, upon the Penalty of Five Shillings; and alfo every Person that fhall be found there fo spending his Time or Drinking, fhall forfeit the Sum of Five Shillings.

-Provided, That all Prefentments or Informations against any Perfon or Perfons for any of the forementioned Offences, be made within one Month after the Commiffion thereof.

Provifo.

Notifications

That no Warning or Notification of any Meeting or Business of a fecular of fecular ofNature, fhall be fet up or fixed on the Door or other Part of any Meeting- ficers not to House for public Worship, so as to remain there on the Lord's-Day, or any be fet up on Faft or Thanksgiving-Day, on Penalty of Five Shillings, to be paid by the meetingPerfon who fhall have fet up the fame, or ordered it to be fet And it fhall be the Duty of the Grand-jurors, Conftables and Tithingmen in Duty of fuch Town, to pull down and destroy the fame.

up.

house doors,

&c.

grand-jury

No veffel to

That no Veffel fhall unneceffarily depart out of any Harbour or Port, Creek men, &c. or River, within this State, on the Lord's-Day, or fail or pafs by any Town or Society on Connecticut-River, where the public Worship of God is maintained, fail, &c. unnor weigh Anchor within two Miles of fuch Place, unless to get nearer thereto, lefs, &c. on the Lord's-Day, any Time between the Morning-light and the Settingfun, on Penalty that the Master of every fuch Vessel fhall, for every fuch Offence, forfeit Thirty Shillings.

That if any Perfon or Perfons, either on the Lord's-Day, or any other

214

Penalty for disturbing public wor

Thip.

Indecent be

Sabbath.

Time, fhall wilfully interrupt or disturb any Affembly of People met for the
public Worship of God, within the Place of their affembling, or out of it; each
Perfon fo offending fhall pay a Fine not exceeding Ten Pounds, nor lefs than
Twenty Shillings.

And any Perfon who shall behave rudely or indecently, within the Houle haviour how where any Congregation are met for public Worship, fhall pay a Fine not expunished. ceeding Forty Shillings, nor less than Five Shillings.

No civil procefs allowed.

And if any civil Procefs fhall be iffued or ferved on the Lord's-Day, it shall be void and of no Effect: And the Officer who shall ferve the fame on faid Day, fhall pay a Fine of Ten Shillings, and all Damage that shall accrue to any Perfon thereby.

And be it further enacted by the Authority aforefaid, That each Town in Tythingmen. this State, at their annual Meeting in December, fhall chufe two or more Tithing-men, in each Society for Divine Worship in fuch Town, who fhall be sworn to a faithful Difcharge of the Office.

Grand jurors

ance.

That the Grand-jury-men, Conftables and Tithing-men of each Town, fhall carefully infpect the Behaviour of all Perfons on the Sabbath or Lord'sDay; and especially between the Meetings for divine Worship on faid Day, whether in the Place of fuch public Worship or cliewhere; and due Prefentment make of any profanation of the worship of God on the Lord's-day, or any Day of public Faft or Thanksgiving; and of every Breach of Sabbath which thay, or any of them fhall fee or difcover any Perfon to be guilty of, to the next Affiftant or Juftice of the Peace, who is hereby impowered to proceed therein as the nature of the Offence requires.

That every Grand-jury-man, Tithing-man, or Conftable fhall be allowed Their allow Two Shillings per Diem, for each Day he spends in profecuting fuch Offenders, to be paid by the Person offending, or the Parent, Guardian, or Matter of fuch Perfon when under Age: And all Fines imposed for the Breach of this A& on Perfons refu- Minors, fhall be paid by their Parents, Guardians, or Mafters, if any be, otherwife fuch Minor to be difpofed of in Service to anfwer the fame. And upon refufal or neglect of paying fuch Fines and Cofts, the Offender may be com mitted; unless he be a Minor, in which Cafe Execution for the Fine and Coff fhall be iffued against his Parent, Guardian or Mafter, after the Expiration of one Month next after the Conviction of such Minor, and not fooner.

fing to pay

charge to be

committed.

Provifo.

Provided, No Perfon profecuted on this Act, fhall be charged with more than for one Perfon profecuting him for fuch Offence.

That whatsoever Person shall be convicted of any Profanation of the Lord's Neglecting to Day, or of any Difturbance of any Congregation allowed for the Worth p of pay fine to be God, during the Time of their affembling for, or attending on fuch Worthip. whipt and fhall, being fined for fuch Offence, neglect or refufe to pay the fame, or to prefent Eftate for that Purpofe; the Court, Affiftant or Juftice before whom Conviction is had, may Sentence fuch Offender to be whipt, not exceeding twenty Stripes; refpect being had to the Nature and Aggravation of the Offence. That no Perfon convicted of any Offence mentioned in this Act, thall be allowed any Appeal.

No appeal.

ed by their

But if any Children or Servants under the Age of fourteen Years, fhall be Children,&c. convicted of fuch Profanation or Disturbance, they shall be punished therefor by to be correct their Parents, Guardians or Malters giving them due Correction in the Prefence of fome Officer, if the Authority fo appoint, and in no other way; and if fuch Parent, Guardian or Mafter shall refufe or neglect to give fuch due Correction, that every fuch Parent, Guardian or Mafter fhall incur the Penalty of three Shillings.

parents, &c.

or.

Affiftant, and

And be it further enacted by the Authority aforefaid, That every Afiftant in Juftices upon view apthis State, and every Juftice of the Peace, within the Limits of their Authority, prehend, &c. are hereby impowered and directed, when they have plain View,

or perfonal Knowledge thereof, either with or without a written Warrant, to cause all Perfons unneceffarily travelling on the Sabbath or Lord's-Day to be apprehended, and to examine them, and if need be to command any Perfon or Perions to feize, arreft, and fecure any fuch Perfon unneceffarily travelling on the Lord's-Day, as aforefaid, and them to hold till Judgment may be had thereon.

And every Sheriff, Conftable, Grand-jury-man, and Tything-man, are here- Conftables, by impowered and directed, without Warrant, to apprehend and carry before the &c. next Affiftant or Juftice of the Peace, all Perfons tranfgreffing faid Law, as aforefaid. Provided they be taken upon Sight, or prefent Information of o- Provifo. thers and to command all neceffary Affiftance therefor.

&c.

And it is further enacted by the Authority aforejaid, That every Perfon or Penalty for Perfons that shall refufe to obey the command of any Aftant, Juftice of the fuch as difoPeace, Sheriff, Conftable, Grand-jury-man or Tithing-man, or neglecting to hey to affitt, afford his utmost Affiftance to apprehend and fecure any Perfon tranfgreffing faid Act as aforesaid, thall be, and hereby are subjected to the fame Pains and Penalties as by Law Perfons are fubjected to for refufing to affift Sheriffs and Conftables in the Execution of their Office.

Sheriff, &c.

And it is further enacted by the Authority aforesaid, That when any Sheriff, to purfuc,&c. Constable, or indifferent Perfon fhall receive any Warrant from lawful Authority to apprehend any perfon for tranfgreffing faid Law, as aforefaid, they are hereby impowered and directed to purfure and apprehend fuch Perfon or Perfons, any where within the limits of the Authority of fuch Officer granting fuch Warrant Any Law, Ufage, or Custom to the contrary notwithstanding.

An Act for appointing, encouraging, and fupporting

BE

Schools.

11 months in

E it enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the jame, That every Town within this Every fociety State, wherein there is but one Ecclefiaftical Society, and wherein there are fe, of 70 fa dies venty Houshoulders, or Families, or upwards; and every Ecclefiaftical Society to keep fchol conftituted, or that shall be constituted by the General Aflembly of this State, a year at least. wherein there are the Number of feventy Houfholders or Families, or upwards, shall be at least eleven Months in each Year conftantly provided with, and shall keep and maintain one good and fufficient School for the teaching and in, Atructing of Youth and Children to read and write; which School fhall be teadily fupplied with and kept by a Mafter fufficiently and fuitably qualified for that Service.

And every fuch Town and Society wherein there is not the faid Number of Under that feventy Houfholders or Families, fhall be provided with, and maintain a School number half a and a School-Mafter, as aforefaid for the Purpose aforesaid, at least one Half year. of the Year annually.

And also there shall be a Grammar school fet up, kept and constantly maintain

ed in every head or County Town of the feveral Counties that are, or fhall be Gram mar made in this State; which fhall be steadily kept by fome difcreet Perfon of fchool to be good Converfation, and well skilled in and acquainted with the learned Lan- kept in each guages, especially Greek and Latin.

town.

And every fuch Town and Society are hereby impowered to appoint Committees for fuch Schools refpectively, to take Care and fee the fame kept ac- Committees cordingly.

And for the Encouragement and Maintenance of fuch Schools and School-Mafters. Be it further enacted by the Authority aforejaid, That the Treafurer of this State fhall annually deliver the Sum of forty fillings upon every thonjand

Gg

appointed.

216

School mafters how maintained.

Provifo.

Preamble.

Preamble.

School money mifapplied forfeited

vifion made.

Schools:

Pounds in the Lifts of the refpective Towns in this State, and proportionably for leffer Sums, out of the Rate of each Town, as the fame fhall be brought in to the public Treafury by the several Conftables, in fuch Money, or Bills of Public Credit, as the Rate fhall be paid in; out of which the fame is to be taken, unto the School Committees; or for Want of fuch Committees, to the Select-men of faid Towns refpectively, to be by them distributed to the feveral Societies in each Town for the Benefit of their respective Schools, in Proportion to the Lifts in faid Society.

Provided, The faid School Committees or Select-men fhall deliver their Certificates, that there hath been a School kept in each of the Towns and Societies they defire to take the Money out for, in the preceeding Year, according

to this Act.

And Whereas the feveral Towns, and Societies in this State, which made and computed Lifts of their Polls and rateable Estate in the Year of Our Lord One Thousand jevn Hundred and Thirty two; by Virtue of an Act of this Court, made in May, One Thousand seven Hundred and Thirty-three, received by their Committees refpectively, for that Purpose appointed, confiderable Monies, or Bills of public Credit, raised by the Sale of certain Townships laid out in the western Lands, then fo called, (for which Receipts were given and lodged in the Secretaries Office) to be let out, and the Intereft thereof used for the fupport of the respective Schools aforefaid, for ever, and to no other Ufe. ⚫And Whereas certain Sums of Money have likewife been received by the feveral Towns and Societies in this State, by Virtue of an A&t of this Court, made in October, One Thousand feven Hundred and Seventy-four, directing the Treasurer to pay out of the public Treafary to the several Towns, the principal Sums paid in by them as Excife Money, together with the Intereft due at the Time of Payment, taking a Receipt theretor, appropriating the fame, folely to the Ufe of the refpe&tive Schools.

Be it therefore enacted by the Authority aforesaid, That if at any Time after the Receipt of faid Monies aforefaid, or if at any Time hereafter, the faid Monies, or Intereft thereof, hath been or shall be, by order of fuch Town or Society, or the Committees chofen by them, put to, or imployed for any other Ufe than for the fupport of a School, as aforefaid, fuch Sum of Money received as afore. faid, fhall be returned into the State Treafury; and the Treasurer of this State, upon Refufal thereof, fhall recover the fame Sum or Sums of fuch Town or So ciety, for the Ufe of the State.

And fuch Town or Society that mifapplies fuch Money, fhall forever lofe the Benefit thereof.

That where, in any Town or Society, there is not a fufficiency of Money or Further pro- Intereft provided in the Manner aforefaid, or by charitable Donations, or Sequeftrations, or any other Ways procured for the maintenance of a School as aforefaid, therein, and a fuitable School-Master to keep the same, a fufficient Maintenance fhall be made up, the one Half by the Inhabitants of fuch Town or tociety, and the other Half thereof by the Parents or Masters of the Youth or Children that go to fuch school; unless any Town or fociety fhall agree otherwife; which they are hereby impowered to do.

cieties may tax, &c.

And every fuch Town and fociety by their Vote, fhall have full Power to Towns & fo. grant Rates for the fupport of fuch school, and choose a Collector to gather and collect fuch Rates. And what fuch Town or fociety thall agree upon and enact refpecting the Encouragement and fupport of the fchool aforefaid, among themselves, thall be obligatory upon the whole Town or fociety, and every Member therein.

To divide into diftricts.

And be it further enacted and provided, That each Town and fociety, shall have fall Power and Authority to divide themselves into proper and necef fary Districts, for keeping their fchools, and to alter and regulate the fame,

from Time to Time, as they shall have Occafion; which Districts fo made, fhall draw their equal Proportion of all the public Monies appropriated for the fupport of Schools, belonging to fuch refpećtive Towns or Societies, according to the Lift of each refpective District therein..

And that the good Ends propofed in erecting and keeping Schoals, may not be defeated;

tors.

Be it further enated by the Authority aforefaid, That the Civil Authority, together with the Select-men in every Town, or the major Part of them, fhall inspect and they are hereby impowered and directed, as Vifitors, to vifit and in- Civil authori spect the state of all fuch Schools as are by this Act appointed to be kept within ty & felectfaid Towns, from Time to Time, and particularly once each quarter of a Year, men infpecat fuch Time as they fhall think proper, and enquire concerning the Time fuch Schools are kept, and into the Qualifications of the Mafters of fuch schools together with the Proficiency of the Children under their Care: And they are to give fuch Directions as they fhall find needful, to render fuch fchools moft ferviceable for the increase of Knowledge, Religion and good Manners: And if the said Inspectors or Vifitors obferve any fuch Disorders or Mifapplication of publie Money, allowed for the fupport of fuch fchools, as will be likely to defeat the good Ends propofed, they shall lay the fame before this Affembly, that proper Orders therein may be given.

And that all Eftates and Interefts, granted and fequeffered for the Support of. the Schools in this State, may be truly and properly improved for that Purpose:

take care of the school mo

Be it further enacted by the Authority aforesaid, That the felect-men of fuch Towns wherein there is but one Ecclefiaftical fociety, and the fociety Com- Select-men & mittee of fuch focieties where there are more than One in any Town, (for the committees to Time being) or a Committee by fuch Town or fociety for that Purpofe appointed, (which Committe fuch Town and fociety are hereby impowered to a nies. point) fhall be, and they are hereby impowered and directed to take Care of, and improve fuch Bonds and Monies as have been divided and fet out to fuch' Town or fociety, out of the Monies raised by the fale of the faid Town hips, or otherways, and to receive fuch as hall hereafter be divided to them, for the Purpose aforefaid, giving Receipts therefor, to be lodged in the Secretary's Office; and of their Improvement thereof, fhall from Time to Time be ac countable to the Town or Society, by whom they are And fuch Town and Society fhall be accountable for the fame before this Af-. or fhall be appointed; fembly, when thereto required, and be liable to be dealt with for their Mifufe of the fame, according to the Declaration before in this Act made,

And fuch Select-men, and Committee or Committees, are hereby authorized and impowered to take and receive into their Care and Cuftody, all other Ex Alfo real ef ftates, Lands, and Interests that have been given, granted, fequestered or do rates, &c. belong to fuch Schools, or that fhall hereafter belong thereto, for the Support To leafe, &c. thereof; and fhall ufe, improve, and difpofe of the Intereft, Increase, Profit or Rent arifing or coming upon any fuch Monies, Lands or Interefts, according to the true Intent of fuch Gift, Grant or Sequeftration, for the Purpose aforefaid; which fhall be difpofed of either to the School-Mafter, or to a Committee of the School, to be by them improved for the fupport of the School.

And that the jaid Select-men, Committee ar Committers may be the better enabled to do faid Service;

It is further enacted by the Authority aforefaid, That they, the faid Selectmen, Committee or Committees, or the major Part of them, fhail be, and they are hereby authorized and impowered to leafe all fuch Lands and real Eitates, and loan fuch Monies as do or fhall appertain to fuch Schools, and is or shall be given for the Ufe aforefaid; and to commence and profecute fuch Suit or Suies as may be neceffary for the Recovery and obtaining fuch Lands,