238 how to be proceeded with, &c. BE it Strays. Subjects, French. An A&t concerning Strays and loft Goods. E it enacted by the Governor, Council and Reprefentatives in General Cont affembled, and by the Authority of the fame, That whosoever fhall take up any tray Beast, or find any loft Goods, being worth two Shillings, whereof the Owner is not known, he fhall carry a true defcription of fuch tray Beaft or loft Strays or loft Goods, with the natural and artificial Marks thereof, to the Register of the goods found, Town where fuch Goods or Beaft were found, within. fourteen Days after the finding fuch Goods or Beaft; who fhall regifter the fame, with the Name of the Perfon in whofe Keeping fuch Goods or Beaft fhall be; to the End the Owner thereof, by applying to faid Regifter may have Notice thereof; upon Penalty that the Perfon fo finding or keeping fuch Goods or Beaft, and failing of his Duty therein fhall, for fuch Default, forfeit the Value of such loft Goods or fray Beaft; one half to the Complainer and the other Half to the Town Treatery. And if the Owner fhall appear within fix Months after the registering fuch loft Goods or ftray Beaft, and make good his Title and Claim, he shall have Reftitution of the fame, he paying all neceffary Charges for the Pains and Care taken about fuch Goods or Beaft, as the next Affiftant or Juftice of the Peace hall adjudge. On penalty of, &c. Owners appearing in fix months, &c. to have reftitution. be apprized. And if no Owner fhall appear within the faid fix Months, the Regifter aforefaid fhall appoint two Freeholders, who fhall under Oath appraise faid. Goods or Beaft, according to the then prefent true and just Value thereof in Money. And if the Owner shall appear within fix Months next after fuch AppraifeNoowner ap- ment, and make good his Title and Claim, as aforefaid, and pay all neceffary pearing in fix Charges for the Pains and Care taken about fuch Goods or Beaft to that Time, months after, (to be adjudged of as aforesaid) he fhall have Reftitution of the fame, or the Vahow difpofed lue thereof, at the Election of the Finder, according to the Appraisement afore. of. faid. And if no Owner shall appear within twelve Months and a Day, after the registering of fuch loft Goods or ftray Beaft, the Value thereof, according to the Or 12 months Appraisement aforefaid, fhall, after all juft Dues to the Keeper, Finder, and then, &c. Regifter are defrayed, be to the Ufe of the Treafury of the Town where fuch Goods or Beaft were found. And the Select-men of fuch Town are hereby fully impowered to recover Select-men to and receive the fame for the Ufe of faid Town. recover, &c. Provifo. No ftray to be taken up unlefs, &c. Preamble. Always provided, That the Keeper of fuch loft Goods or Aray Beaft, being faithful in his taking Care of them, fuch Goods or Beaft fhall be at the Rifque of the Owner thereof, during the first fix Months after fuch Goods or Beast are firk registered. And that no Beaft fhall be taken up as a Stray, except it be found in a fuffering Condition. An Act to enable the Subjects of his Moft Chriftian Majekty, to transfer and fettle fuch of their Estates and Property as is or shall happen to fall within this State. WHEREAS the Congress of the United States of America, on the 14th of Janu ary, 1780, did Refolve, That it be recommended to the Legislatures of the aforefaid United States, to make Provifion, where not already made, for conferring on the aforefaid Subjects of bis Moft Chriftian Majefty, the Privilege of difpefing and fettling their Eftates, agreeable to the Form and Spirit of the thirteenth Article of the Treaty of Amity and Commerce between his Most Christian Majefty and the United States of America: BE it therefore enacted by the Governor, Council and Representatives, in Gene ral Court affembled and the Authority of the fame, That the Subjects of his Moft Christian Majefty fhall be, and they are hereby impowered to trans- Privileges fer and difpofe of fuch of their Eftates and Property as fhall happen to be with granted to the in the Limits of this State. And that the Eftate and Property of fuch of faid fubjects of his Subjects as are or may be deceased, being within the State aforefaid. thall de- most chriftian fcend to, and become the Eftate of the Heirs and legal Reprefentatives of fuch majesty. deceafed Perfon, according to the Laws, Ufage and Cuftom of the Kingdom of France, relative thereto; and fuch Eftate fo defcending fhall and may be fettled agreeable to the Laws that are or fhall be made relative thereto without being obliged to obtain Letters of Natualization: And that the aforefaid Subjects of his Moft Chriftian Majefty, fhall have, hold and enjoy on their Part, within this State, the Privileges and Immunities mentioned in faid Articles of Treaty, according to the Form and Spirit thereof. An Act for appointing County Surveyors in the several Counties; and for directing and regulating them in the Execu tion of their Office. BE E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Autkority of the fame, That there fhall be appointed by the General Affembly, from Time to Time, as there shall be Occafion, one One or more or more Perfons in each County in this State, to be Public, or County Surveyor or furveyors for Surveyors for laying out of Lands, and for the renewing of the Bounds of Lands al- each county. ready laid out, according to their original Grants, as Need fhall require; and for the running of Lines, and other Services proper for a Surveyor to do; who fhall be fufficiently killed in the Surveyors Art, and be furnished with Inftruments fuitable and fufficient for that service. Each of which Surveyors shall take the Oath by Law provided for them: And being appointed and qualified as aforesaid, shall have full Power and Authority to execute faid Office in the respective Counties for which they are or shall be appointed. That when and fo often as any County Surveyor fhall be employed in laying out any Grants of Land, renewing Boundaries that are loft, or running any Chainmen to Lines, or doing any Service in his Office, and there be occafion for carrying the affift. Chain to measure the lines, that the Men employed to carry the Chain fhall take the Oath by Law appointed for them: Which Oath fuch furveyor is hereby fully impowered to adminifter to fuch Chainmen as he calls to his Affiftance, as aforefaid. &c. That when a County Surveyor is called out to run any Line between adjoining Proprietors, and that in order to find the Courfe from Boundary to Boun- No trefpafs, dary, he is obliged to run a random Line to find the certain and true Course, and in fo doing, runs on the Land of adjoining Proprietors, fuch Surveyors thall not be deemed guilty of Trefpaffes in fo running fuch random Line; but may lawfully do the fame. Provided, He do faid Service in either of the Provifo Months of March, April, O&tober, or November. And be it further enacted by the Authority aforefaid, That if any Perfon or Perfons shall by any Way or Means oppofe, hinder or interrupt any County Penalty for reSurveyor in the due Execution of his Office, as aforefaid; or fhall by any fifting furvey. Ways or Means oppofe, hinder, or interrupt any Committee appointed by ors in the exe. the General Affembly to run, fix, or afcertain the Bound Line between par- office. ticular Townships or Proprietors, or, for other Bufineis, or any other Perfon by them employed to a in the running and fixing any fuch Lines, or do K cution of their 240 Penalty for fwearing, &c. 6$. If unable to pay, &c. to Swearing, profane. Swine. Taverns. ing any other Bafiuels fuch Committee are appointed to do, every fich An Act against profane Swearing and Curfing.. BE it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That if any Perfon within this State shall fwear rafhly, vainly or profanely, either by the holy Name of God, or any other Oath : Or shall finfully and wickedly curfe any Perfon or Persons, fuch Perfon fo offending, shall upon Conviction thereof before any ong Afsistant or Justice of the Peace, forfeit and pay for every such Offence the Sum of fix Shillings. And if fuch Perfon or Perfons fo convicted, fhall not be able, or fhall refufe to be fet in the pay the aforefaid Fine, he or they fhall be fet in the Stocks, not exceeding three Hours, and not less than one Hour for one Offence, and pay Cost of Profecution. 1tocks. Swine not to run at laige, &c. Provifo. Provifo. Tavern. minated. BE An Act for restraining Swine from going at large. E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the jame, That no Swine thall be allowed to go at large on the High-ways, or Commons in this State; and if any Perfon or Perfons, fhall allow their Swine to go at large on the High-ways of Commons, aforefaid, it shall be Duty of the Haywards in the feveral Towns in this State, and it shall be lawful for any other Perfon'or Perfons, to impound fuch Swine; and the Owner or Owners of fuch Swine, fhall pay the Poondage therof, by Law allowed, before they are released out of Pound. Always provided, That every Town in this State fhall have Liberty to agree otherwife, in their own Precincts, refpecting the Swine in fuch Town. Provided nevertheless, That if the Swine (of fuch Town fo agreeing) fhall at any Time come within the Bounds of any other Town, they fhall in all Refpects be under the Regulation of this Act, as fully as if no fuch Agreement had been made; unlefs fuch other Town whereinto fuch Swine fhall come as aforefaid, fhall alfo agree as aforefaid. . An A&t for licenfing and regulating Houfes of public Entertainment, or Taverns; and for fuppreffing unlicensed Houtes.: BE E it enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the fame, That the Civil Authority, Select-men, Conftables and Grand-jury-men, in the respective Towns in this keepers when State, fhall fome Time in the Month of January annually, convene together and how no-, and nominate the Perfon or Perions whom they, or the major Part of them think fit and fuitable to keep an Houfe or Houfes of public Entertainment in the faid Town, for the enfuing Year: And if any of the Perfons fo nominated shall die, or refuse or neglect to take out Licence, or be denied Licence by the County Court, or shall remove from the Place where he dwelt when nominated, or fhall be legally fufpended; or in cafe the Authority and other Officers thall judge it to be of public Convenience and Neceffity to add to the Number 'nominated in January; in either offaid Cafest hey may convene on proper Notice, and nominate any fuitable Perfon or Perfons for the Purpose aforelaid, at any Time within the Year: WhichNomination shall be sent by them to the next County Court in that County, certified under the Hands of a majority of the Civil Authority, and of the Select-men in fuch Town; which Court hall grant Li- County court cences to fuch Perfon nominated, or to fo many of them as faid Court fhall to grant lijudge to be fuitable and neceffary to keep Houfes of public Entertainment, and cences. to no others; which Licences granted to the Perfons nominated in January, fhall be in Force for one Year, and no more; and the Licences granted to the Perfons afterwards nominated, fhall expire at the fame Time as thofe granted to the Perfons nominated in January: And the faid Court fhall take a Bond to the Treasurer of the County, in the Sum of Twenty Pounds, of every Perfon to whom fuch Licence fhall be granted, for the due Obfervance of all the Laws Bonds to be that are or shall be made refpecting Tavern-keepers, or Houfes of public En- taken. tertainment, And if it shall fo happen that any Town be deftitute of Civil Authority in it, Nomination at the Time of fuch Nomination, the faid, Nomination in, fuch Town fhall be made by the abovefaid Town Officers. to be made if no authority prefent. dren and fer Be it further enacted by the Authority aforesaid, That no Perfon or Perfons licenced as aforefaid, fhall fuffer any, either Men's Sons under Age, or Ap- Penalty for prentices, Servants or Negroes, to fit drinking in his or her Houfe, or to have fuffering chil any manner of ftrong Drink there, without fpecial Order or Allowance of their vants to fit relpective Parents of Mafters; on Pain of forfeiting the Sum of fix Shillings tipling, &c. for every fuch Offence. ther inhabi tants fabbath Nor fhall any fuch licenced Perfon or Perfons allow or fuffer any Heads of Nor young Families, or fingle Perfons being Boarders, or 'Sojourners, or any young Per- people or o fons, or other Inhabitants whatsoever under the Government of Parents, Guardians or Masters, (Strangers and Travellers only excepted) to convene and day or faft day, meet together in Company or Companies in his or her loafe, in the Evening evenings, on next before or next following the Lord's-Day, or any public Day of Fafting; penalty. on Pain of forfeiting the Sum of forty Shillings for every fuch Offence. "Always provided, That if fuch licenced Perfon shall make it appear on Tri- That if any Inhabitant or Perfon belonging to any Town, fhall be found in Penalty for any Tavern or licenced House in fuch Town at any Time, either in the Night. any perfon next before; or the Night next after the Lord's-Day, or after nine of the Clock found in a in any other Night, (except fuch Perfon or Perfons fhall fatisfy the Authority vern after before whom they may be brought, that there was a proper Reason, or an ex- of the clo traordinary Occasion for their being there at fuch Time) and be thereof con- on &c. victed before fuch Authority, fhall incur the Penalty of Three Shillings. &C. That the Conftables (or any other Perfon having a fpecial Warrant from Authority for that End) hall have Power, and they are each of them hereby impowered to enter into and fearch any Tavern or licenced Houfe; and for Conftat that End to require Affiftance, and to break open any Lock or Door, as he fhall &c. to judge there is Occation; and fhall command and caufe any Inhabitant or Perfon belonging to the Town where fuch House is, who fhall be found there, contrary to this Act, to depart forthwith: And all fuch Perfons as hall refuse to depart on a Command to given them, fhall and may be arrested by: fuch ConAtable, or Perfon having fuch special Warrant, and fafely kept till they can be brought before an Affiftant or Juftice of the Peace: And upon Conviction of the Breach of this Act, fhall fuffer the Penalty of Six Shillings. 242 No taverner to allow inhabitants to fit drinking in his house, &c, ters to be posted, &c. ers. Taverns. Nor hall any l'avern-keeper suffer any Inhabitant of fuch Town where he dwells, or coming there from any other Town, to fit drinking or tipling in his or her Houfe, or any of the Dependencies thereof, or to continue there above the space of one Hour at one Time, (Travellers, Perfons upon Bufeneis, or any extraordinary Occafions there, excepted) on the Penalty of Six Shillings for every fuch Offence fuch Tavern-keeper fhall be guilty of. Be it further enacted by the Authority aforesaid, That when and fo often as the Authority, Select-men and Grand-jury-men in any Town, or where there is no Affiftant or Juftice living in any Town, the Select-men and Grand-jurors fhall understand that any Perfon in fuch Town is a Tavern-haunter, or spends his Time idly at any fuch House of Entertainment, they, or the major Part of them fhall, at their Difcretion, caufe the Names of fuch Tavern-haunters to be pofted at the Doors of every Tavern in the fame Town, by fetting up a Certificate under their Hands, forbidcing every Tavern-keeper in fuch Town, on the Penalties contained in this Act, to entertain, or foffer any fuch Perfon or Perfons therein named, to have or drink any strong Liquor in, or about their Houfes, until fuch Authority, Select-men and Grand-jurors fhall agree to take off fuch Prohibition. Penalty on And that if any Tavern-keeper fhall, after fuch Pofting of any Perion's tavern-keep- Name, and Notice thereof given by any of the faid Select-men or Grand-jurors, faffer or permit any Perfon pofled as aforefaid, to drink any Rum, Wine, or other ftrong Liquor in or about his Houfe, or in any of the Dependencies thereof, he fhall pay as a Fine, the Sum of Three Pounds. Tavern. haunters to &c. And in cafe the Perfon or Perfons warned as aforefaid, fhall not after füch Warning, leave off and forbear fuch their evil Practices, the Authority fhall find fureties, caufe fuch Perfou or Perfons to appear before them, and demand Surety for their well-behaving therein; and in cafe fuch Perfon or Perfons fhall not find Sureties as aforefaid, then he or they shall each one pay a Fine of twenty Shillings, or fit in the Stocks for the Space of two Hours, on fome public Time or Seafon. Be it further enacted by the Authority aforejaid, That the Conftables and Grand-jurors in each Town fhall, and they are hereby required carefully to infpect all Taverns or licenced Houfes in fuch Town, and make due Prefentment to the Civil Authority of all Persons who shall be found tranfgreffing this A&t, or any part thereof; and alfo warn all Tavern-keepers to obferve this A& and all other Laws refpecting the Regulation of licenced Houses; and that they do not entertain any of the Inhabitants of the Town where they dwell contrary to Law. Conftables Duty to inspect, &e. Tavern And if the faid Officers fhall find that fuch Tavern-keepers do not obferve the Laws aforefaid, nor keep due order, then they fhall make Prefentment thereof to the next County Court in the County at their firft fitting; and fuch keepers not Court fhall caufe the Perfon fo prefented forthwith to appear before them, to obferving the laws to be aniwer to fuch Presentment: And if upon Trial fuch Tavern-keeper be found guilty, the Court fhall enter up Judgment for the Forfeiture of the Bond given, or procured to be given by fuch Perfon, for his or her due obfervance of the Laws refpecting Tavern-keepers, and for Cofts: And fuch Perfon fhall forthwith before faid Court, enter into a Bond of Twenty Pounds, in the Tenor of the former Bond, which fhall also be profecuted in like Manner, in cafe of Forfeiture. prefented to the county court, &c. When a prefentment is made, &c. And that whenfoever in a Prefentment made as aforefaid, it fhall be inferted that the Perfon presented had been warned as aforefaid, by fuch Conftable or Grand-jarors, fuch Prefentment fhall be fufficient Evidence that fuch warning. was given: And the Officers making fuch Presentment shall be ordered by faid Court to attend the Trial, and be allowed to give Evidence for the Proof of the Disorders complained of; and fhall by faid Court be allowed a meet Recompence for thier Trouble and Charge. Be it further enacted by the Authority aforefaid, That it fhall be the Duty of |