e Civil Authority and Select-men of the feveral Towns in this State, to infpect the Conduct of the Taverners or innholders within their respective Duty of the Towns; and when it shall appear to them by their own Obfervation, or the civil authori Information of any Informing Officer or otherwife, that any fuch Tavern- ty, &c. keeper does not duly obferve the Laws for regulating Houles of public Enter tainment, but fuffers Disorders and Irregularities to be practiced in his or their Houfes, contrary to Law; fuch Authority and Select-men, or the major Part of to examine, them, are hereby authorized and directed to cite fuch Tavern keeper before them, and examine into the Matters alledged or complained of, by any proper to admonish, Evidence; and on finding fuch Tavern-keeper in Fault, may duly admonifh

him or them for fuch Misconduct; or as the Cafe may be, they may, and are to fufpend in hereby impowered to fufpend fuch Tavern-keeper's Licence until the next Sefl- cafe, &ce. on of the County Court, of the County wherein fuch Tavern-keeper dwells; and fhall caufe a Copy of fuch Order of Sufpenfion to be left with fuch Taverner, and thereupon fuch Tavern-keeper's Licence fhall be wholly fufpended accordingly; and his or her House under the fame Restraints in that Behalf, as other unlicenced Houfes by Law are.

And be it further Enacted, That faid Authority and Select-men fhall certify To certify their Doings to faid County Court, and faid Court are authorized, upon due Application by fuch Tavern-keeper, to confider faid Caufe, and may remove Courty &c. their doing to the County faid Sufpenfion, or continue the fame until the Expiration of the Year for which fuch Licence had been granted, as on due Enquiry fhall appear to be juft and reasonable; and if no fuch Application shall be made to faid Court, fuch Safpenfion shall remain and continue in Force until the Expiration of the Year, as aforefaid.

And be it further Enacted, That in all Profecutions on this A&t before fuch Gofts allowed. Authority and Select-men, wherein fuch Tavern-keeper thall be found in fault and fufpended, he fhall pay reasonable and neceflary Cofts, to be taxed by one or more of faid Clvit Authority, who are allo impowered to grant Execution accordingly; but if fuch Tavern-keeper fhall not be found in fault and fufpended, fuch Coft shall be taxed as aforefaid, and paid out of the Town Treafury.

Be it further enacted by the Authority aforesaid, That no Tavern-keeper, or Perfon licenced as aforefaid, to keep a public Houfe of Entertainment, thall be No taverner allowed to bring any Action against any Perfon whatsoever, to recover of fuch allowed to Perfon any Sum or Sums of Money, or any other Thing whatfoever, for any bring action, kind or quantity of Drink, fold to fuch Person and drank in fuch Houfe, unless &c. the fame be brought within two Days after fuch Sale and Drinking; unless the Perfon was a Traveller or Boarder at fuch House.

And whereas divers disorderly Perfons oftentimes take upon them, and prefume to fell frong Liquors by retail in fmall Quantities without Licence, and keep tipling Houses, to the promoting of Tipling, Drunkenness, Idleness, and many other Immoralities; and to the great Prejudice of Perfons orderly licenced, and under the Regulation of Law, for the Entertainment of Travellers and others legally and orderly requiring the fame. Which to prevent:

Be it further enacted by the Authority aforesaid, That no Perfon or Perfons whatfoever, dwelling in this State, (except fuch as have a Licence from the None but fuch County Court of the County in which they dwell, for keeping a Tavern or as have liPublic Houfe of Entertainment, as is in this Act provided) fhall be a common cence allowed Victualler, Innholder, Taverner, or Seller of Wine, Beer, Ale, Cider, or any in small quan to fell liquors other ftrong Liquors, privately, by a lefs' Quantity than a Quart of Wine, Rum cities or other fuch ftrong Liquors, or à Gallon of Metheglin, Cider, Beer, or fuch like Drink, and that delivered and carried away all at one Time, on the Penalty of forfeiting and paying the Sum of three Pounds, for the first Offence; and the Sum of fix Pounds, for the fecond Offence: And fo double for every Breach

of this A&t he shall be convicted of: Which Fines fhall be disposed of, Half to him that complains and profecutes to Effect, and the other Half to the Town Treasury.... Taverners to And it is especially recommended to thofe who keep licenfed Houfes, to profecute &c. profecute the Breaches of this Paragraph of this Aft.

And when any Perfon fhall be duly convicted of keeping a tipling Houfe, Perfons guil- or of felling strong Beer, Ale, Cider, Perry, Metheglin, Wine, Rum, or mixt ty of keeping Drink, or any ftrong Drink whatsoever, by Retail in fmall Quantities, as aforetipling hou. fas, &c. how-faid, without Licence first had and obtained for the fame, shall be unable to fapunished. tisfy the Fine impofed by Law for fuch Tranfgreffion, together with the Charge of Profecution; or fhall not pay fuch Fine and Charges, and likewife give Bond for their good Behaviour, if it be a fecond Conviction, within the pace of twenty four Hours next after Sentence declared, it fhall and may be lawful for two Juftices of the Peace, or the Court before whom the Conviction fhall be, to order fuch Offender to be publicly whipt on the naked Body, not fels than ten, nor exceeding fifteen Stripes, for one Offence; and to restrain the Offender in Prifon till fuch Fine and Charges are paid, or the corporal Punith ment be inflicted.

One credible:
Witnefs fuffi

And the Oath of one credible Witness shall be fufficient to convict any Pere, cient to con- fon of retailing ftrong Liquor, as aforesaid, contrary to this Act...

vict.

&c.

And be it further enacted by the Authority aforefaid, That, the Grand-jurymen in the refpective Towns in this State, fhall from Time to Time make diGrand-jury. ligent Search and Enquiry after all Perfons who are reputed, to fell or vend. men to fearch ftrong Liquor by retail in fmall Quantities, as aforefaid, without Licence, as aforefaid obtained, and make Preientment of all fuch Perfons to the next Af „be ''satfiftant or Juftice of the Peace; which Affiftant or Justice fhall by a proper Warrant caufe fuch Perfon or Perfons fo prefented, to appear before him, and caufe him or them to give Bond with Surety, to the Value of ten Pounds, that he or they will not fell or vend any strong Drink by retail in fmall Quantities, as aforesaid, without Licence first had and obtained, and be of good Behaviour until the next County Court in that County; and alfo appear before the faid Court and take up faid Bond, unless faid Court fhall fee caufe to continue the fame; which the Court may do if they judge proper.

ted.

And if any fuch Perfon or Perfons fhall refufe to become bound as aforefaid Refufing too give bond, to the Authority before whom he or they fhall be brought, fhall by Mittimus combe commit mit fuch Perion or Perfons to the common Gaol in that county, there to re main at his or their own Charge, till he or they will give Bond as aforefaid.' "And that if fuch Perfon or Perfons giving Bond as aforesaid, hall at any Time after the giving fuch Bond, be prefented to the County Court of that County by the Grand-jurors, on Sufpicion of retailing strong Drink in fmall Quantities without Licence as aforefaid, fuch Prefentment fhall be taken by the Court to be fufficient Evidence against the Perfons fo prefented to convict him, her or them of the Forfeiture of fuch Bond or Recognizance; unless he or the fhall be acquitted by a jury of twelve lawful Men of the Neighbourhood, declaring upon their Oaths that they believe fuch Perfon is not guilty; which Jury the Party, at his Defire and Charge may have the Advantage of.

Bond to be forfeited, in cafe, &c.

༈་།

An Act for the Punishment of Theft.

BE E it enated by the Governor, Council, and Representatives, in General Court Ferfons guil- "affembled, and by the Authority of the fame, That whofoever shall fteal or ty of theft, purloin any Money, Goods or Chattels and be thereof convicted, by Confettion howpunished. or other fufficient Evidence, every fuch Offender shall forfeit and pay treble the fold the va- Value of the Money, Goods or Chattels fo stolen or purloined unto the Owner or Owners thereof; and be further punished by Fine, at the Difcretion of the

Forfeit three

ae, &c.

Court, Affiitant or Juftice that hath Cgnizance of fuch Offence, not exceeding Fined not exforty Shillings: And if the Value of the Money, Goods or Chattels fo ftolen, ceeding 40s. amount to the Sum of twenty Shillings, fach Offender ftealing the fame to that If 20s. value, Value, fhall befide the aforefaid Forfeitures, be further punished by whipping, to be whipt. not exceeding ten Stripes for one Offence. And whoever shall steal or purloin any Money, Goods or Chattels of the Value of five Shillings, or of any greater If 5s. value, Value under the Value of twenty Shillings, and be thereof duly convicted, and fhall refufe or not be able to pay the Fine impofed, fhall be punished by whip- be whipt ping on the naked Body at the Discretion of the Court Affiftant or Justice of the Peace, not exceeding sen Stripes.

in cafe fine

nor paid, to!TM

And if any fuch Offender be unable to make Reftitution, or pay fuch, three- To be bound fold Damages, fuch Offender fhall make Satisfaction by Service: And the out in fervice, Profecutor fhall be, and is hereby impowered to difpofe of fuch Offender in in cafe, &c. Service to any of the Subjects of the United States, for fuch Term as he shall ༣ མཉྩནྟི be affigned to fuch Profecutor by the Court, Affiftant, or Justice before whom the Profecution thall be.

&c.

And if any Perfon or Perfons shall conceal any Theft, (except the Fact be Penalty for private, or committed by fome Member of his own Family) or fhall receive concealing, and conceal any stolen Goods, knowing them to be fuch; he or they, fo receiv-May be pro ing and concealing, shall and may be proceeded against as Principals, although ceeded with the Perfon or Perfons who committed the Theft be not thereof convicted; any, as principals. Law, Ulageor Cuftom to the contrary notwithstanding,

1

408.

Horfe- fteal

ers to pay

- And that every Allistant or Justice of the Peace in the County, where fuch Affiftant or Offence is committed, or where fuch Offender is apprehended, is hereby autho, Juffice to try rized and impowered to hear and determine, all Offences again this Act not exceeding wherein the Value of the Things ftolen doth not exceed the Sum of forty Shillings. And be it further enacted by the Authority aforefaid, That whofoever shall feloniously take and steal any. Horfe or Horfes within this State, and be there of duly convicted, fhall pay and fatisfy to the Owner of fuch Horfe or Horfes treble the vatreble the Value thereof, and alfo pay as a Fine to the Treasurer of this State lue, and a f the Sum of ten Pounds, and be further punished by being publicly whipped on fine of sol. the naked Body not exceeding fifteen Stripes, and be confined in a Work-Houfe To be whipt, or House of Correction not exceeding theee Months; there to kept to hard and ride Labour, and be further whipped on the firft Monday of each Month; not ex- wooden horfe ceeding ten Stripes each Time, and shall be fet, aftride on a wooden, Horie be- &c. fore each Whipping as aforefaid, not exceeding two Hours: And for Want of Eftate wherewith to anfwerfuch Damages and Fine, the Court before whom fuch Conviction is had, may affign fuch Delinquent in Service, fo long as they fhall judge proper, to the Party injured or his Affigns, if he or they fail accept berted thereof, or otherwife to any of the Inhabitants of this or of any of the United States.

fecution not

And to encourage the detecting fuch Offenders; Be it further enacted by the Authority aforefaid, That there fhall be paid out Coft of proof the State Treafury to the Perfon detecting and profecuting fuch' Thief, for exceeding 61. the Theft of Horfe stealing to Effect, in any Court in this. State, his Cofts /ex- to be paid out pended in fuch Profecution, not exceeding fix Pounds, 194 ¡ of state trea fury.

An Act for laying and collecting a Duty on the Exportation

of Timber, &c.

WHEREAS the Exportation of great Quantities of Timber out of this State to * "the neighbouring Governments, may be prejudicial to the Navigation and Trade of this Government: o Therefore,

Preamble.

Beleted, and by the tutoring of the that for all Timber er kamber Portation of Et enacted by the Governors Council and Representatives, in General Court Duty on ex

of the Growth of this State, that shall be shipped or loaded on board any Vefiel, in any Port, River, Harbour, Road or Place of Lading in this State, for Expor tation to either of the States of Machusetts, New-York, Rhode-Ifland, or New-Hampfire, fhall be paid a Duty for the Ule of this Government, as follows, viz.

Eight Shillings for each Thousand of Barrel Staves. Ten Shillings for each The timber, Thoufand of Hogfhead Staves. Fiftees Shillings for each Thousand of Pipe or &c.and duties Butt Staves. Fifteen Shillings for each Thoufand of Hogshead Heading. on each fpeci- Eight Shillings for each Thousand of Barrel Heading. Ten Shillings for each

fied.

Bolts for
Ataves, &c.

Duties to be

Ton of Ship-Timber. Three Shillings for every Hundred Foot of two Inch Plank, and fo proportionably for Plank of thicker or thinner Size. Ons Shilling and Six-pence for every Hundred Feet of Boards. And Ten Shillings for every Cord of Bark. And fo proportionably for leffer Quantities.

And for all Timber or Bolts suitable for Staves or Heading, at the fame Rate as aforefaid; to be estimated according to the Number fuch Timber or Bolts are fufficient to make when rived.

And that the faid Duties may be offe&tually collected and paid ;

Be it further enacted by the Authority aforesaid, That the feveral Duties laid paid to col- by this Act, fhall be paid to, and collected and received by fuch Collector or Collectors of Duties, as fhall be appointed by the Governor of this State for the Time being, for the collecting and receiving the fame.

lectors.

And the Governor is hereby fully impowered and defired to appoint and authorize from Time to Time, fuch and so many Collectors in the several Parts Governer to appoint col- of this State, as there fhall be Occafion for the Service aforefaid; out which Duties, the faid Collectors fhall receive Ten per Centum for their Trouble therein; and fhall annually pay in the faid Duties to the Treasurer of this State, taking his Receipt for the fame.

lectors.

That if any Mafter of a Veffel, or other Perfon, shall ship or take on board any Veffel, in any Port, River, Harbour, Road, or Place of Lading in this State, any Quantity or Parcel of the aforementioned Sorts of Timber or LumIf shipped be- ber for Exportation, before Entry thereof made with, and the Doties paid to fore entry,

forfeited.

the Collector of Duties aforefaid, or Bond with fufficient Surety given, not to export fuch Timber or Lumber to the faid neighbouring States before the Doties thereof are paid, the faid Timber or Lumber fo fhipped or taken on board as aforefaid, contrary to this Act, or the Value thereof shall be forfeited, by the Perfon or Perfons who fhips or takes the fame on Board as aforefaid; one Half thereof to the Profecutor, and the other Half to the Treasury of this State,

That the faid Timber or Lumber fo fhipped contrary to this Act, may be To be feized. feized by fuch Collector or Collectors, or by Warrant from any Affiftant or Juftice of the Peace, and fecured for Trial at the next County Court in the County where fuch Seizure fhall be made: Which Court, apon Information thereof made, may hear and determine the fame, and give Judgment for the Forfeiture, and Sale of fuch Timber or Lumber ás fhall appear to be shipped contrary to this Act.

If no feirure made, value to be paid.

Burden of proof lies on

the claimant.

And in cafe no Seizure be made, the faid Court, on Information, fhall give Judgment for the forfeiture of the Value of faid Timber or Lumber fo fhipped or exported, against him or them who fhipped, or took on board, or exported the fame contrary to this Act, and award Execution thereon accordingly, for the Uses aforefaid.

And if on the Trial of any fuch Caufe, there fhall arife a Difpute about the Growth of faid Timber or Lumber, the burthen of Proof fhall lie on him who fhipped, owns or claims the fame: And if no Claimer or Owner appear, or no Plea or Difpute happen about the Growth of fuch Timber or Lumber, it fhall be presumed and taken to be the Growth of this State,

Tobacco. Towns and Town Officers.

247

And when any Suit is brought on any Bond given as aforefaid, not to export any of the Timber or Lumber to any of the neighbouring States aforefaid, Bond how then and in fuch Cafe, if the Defendant fhall not by the Evidence of one credi- torfeited. ble Witnefs at least, fhew the Court before whom the Trial is, that he hath bona Fide complied with the Conditions of fuch Bond, Judgment shall be rendered against him for the Forfeiture of fuch Bond; any Law, Ufage or Custom to the contrary notwithstanding.

An Act to regulate the curing and packing of Tobacco, and to prevent Fraud therein.

WHERE AS Tobacco is or may be a confiderable Article of Exportation, and ought Preamble. to be under fuch Regulation as to prevent Fraud therein.

BE

Their duty.

E it therefore enacted by the Governor, Council and Representatives in General Court affembled, and by the Authority of the fame, That each Town in this Each town to choose annuState, wherein Tobacco is or fhall be raised for Exportation, fhall at their annual ally packers. Town Meetings for electing Town Officers, choose two or more fit Perfons to of tobacco. be Surveyors and Packers of Tobacco, for the Year enfuing; who shall carefully furvey and fearch the Tobacco by them to be packed, and fhall cull out and feparate all fuch Hands of Tobacco as are in Whole or in Part damnified, in any way or by any Means whatever; and fhall pack or prefs no Tobacco but what is by him judged to be found, well ripened, fufficiently cured, and every way good and merchantable. And faid Packers fhall be under Oath for Tobe worn. the faithful Difcharge of faid Office. And the Fee to be paid by the Owner of fach Tobacco fhall be five Pence for every hundred Weight fo fearched, packed and preffed, and three Pence per Mile travel each Packer thall travel to Fecs. perform faid Service: And each Packer fhall fairly brand each Cask or other Veffel wherein he packs Tobacco, with the two first Letters of his Name, and under them shall mark the Name of the Town wherein he dwells.

That no Packer fhall pack any Tobacco, which is his own Property, for Sale,

nor fet his Brand or Mark on any Cafk or other Veffel, containing his own No packer to Property, on Penalty of forfeiting the Sum of Forty Shillings, for every Cak pack his own or other Veffel wherein he fhall pack his own Tobacco for Sale, or whereon he tobacco. fhall fet his Mark or Brand as aforefaid, one Half to the Treasurer of the Town wherein he dwells, and the other Half to him or them who fhall complain and profecute the fame to Effect, with Cofts of Suit.

And if any Perfon or Perfons, not being a fworn Packer as aforefaid, fhall prefume to mark or brand any Cafk, or other Veffel containing Tobacco, with Penalty 51. the Packer's Brand or Mark; he or they shall on Conviction thereof, pay a Fine of Five Pounds; one Half to the public Treasurer of this State, and the other Half to him who fhall fue for, and profecute the fame to Effect; and shall also pay to the Party injured thereby, double Damages, with Cofts of Suit.

And be it further Enacted, That whofoever thall vend, put to Sale, or fhip on board any Vefiel, Boat, Lighter or other Water-Carriage, any Cak or Tobacco not other Veffel, containing Tobacco not packed, marked and branded, according packed, &c. to the true Intent and Meaning of this Act, fhall forfeit all fuch Tobacco, to to be forfeit him or them who fhall feize the fame, or caufe the fame to be feized, and fue for and profecute the fame to Condemnation, before any Court proper to hear and determine the fame.

B

An Act relating to Towns and Town Officers.

E it enacted by the Governor, Council and Representatives, in General Court assembled, and by the Authority of the jame, That the fettled and appro

ed.