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248

Power to

Towns and Town Officers.

ved Inhabitants of every Town in this State, qualified and having Eftate as is make rules & hereafter in this Act provided, shall have Power to make fuch Orders, Rules

orders, &c.

Provifo.

Penalty for

not obferving town orders.

To meet in December annually.

Town officers to be then choien.

Select-men to

fee they are fworn.

and Conftitutions as may concern the Welfare of their Town.

Provided they be not of a criminal but of a prudential Nature, and that their Penalties exceed not twenty Shillings for one Offence, and that they be not repugnant to the Laws and Orders of this State.

And if any Inhabitants shall neglect or refufe to obferve, or fhall any Way tranfgrefs the fame, the Penalties appointed may be levied by Diftrefs, granted by an Aflitant or Juftice of the Peace.

That the faid fettled and approved Inhabitants, qualified as aforefaid, in each respective Town, fhall fometime in the Month of December annually, meet and convene together, upon Notice given by the Select-men of each Town, or fuch others as they hall appoint for that Purpose; and being met, fhall choose a convenient Number, not exceeding Seven of their Inhabitants, able. difcreet and of good Converfation, to be Select-men or Towns-men, to take Care of and Order the prudential Affairs of their Town: And alfo fhail nominate and choofe a Town-Clerk or Register, (who fhall enter and record all Town Votes, Orders, Grants and Divifions of Lands made by fuch Town, and all other Matters and Things which by Law are, or shall be ordered to be entered and recorded in his Office); alfo a Town-Treasurer, Conflables, Surveyors of Highways, Fence-viewers, Lifters, fuch Number as they fhall judge convenient, Collectors of Rates, Leather-fealers, Grand-jurors, Tything-men, Haywards, Chimney-viewers, Gaugers, Packers, Sealers of Weights and Measures, Keykeepers, and other ordinary Town Officers.

And the Select-men of each Town, shall forthwith after fach Choice, see that all thofe Officers of whom an Oath is by Law required, be fummoned and sworn to the faithful discharge of their respective Offices and Trust.

And all Votes, Acts, and Orders in fuch Town-Meeting, thall be made by Major part to the major Part of the qualified Voters prefent in fuch Meeting; and being lo made fhall be deemed the Vote, Act, or Order of the Whole.

determine.

Penalty 26s. on thofe who

That every Perfon and Perfons being duly chofen as atorefaid, to ferve in any of the Offices aforefaid, who fhall refufe to ferve, therein, and to take the Oath (if any by Law be required) to that Office belonging, if he be able in Perfon to execute the fame, fhall pay the Sum of Twenty-fix Shillings to the Treafurer of the Town whereto he or they belong; except fuch Perfon or Persons shall make it appear that he or they is, or are oppreffed by fuch Choice, and One affiftant, that others are unjustly exempted. Any one Affiftant or Justice to hear and determine the fame.

refule, &c.

&c. to hear,

&c.

Penalty on

And every fuch Officer duly chofen by any Town, as aforefaid, having ecepted (or not declared his Refufal to accept) the Office he is chofen to, and that thall neglect the Performance of the Truft committed to him, and being & neglect, &c. thereof duly convicted before any one Affiftant or Juftice of the Peace, fhall be fined according to the demerit of the Cause, not exceeding Fifteen Shillings for one Offence.

fuch as accept

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And whereas oftentimes Sojourners, Inmates, young and other unqualified Per. fons presume to deal, vote and intermeddle with the public Affairs of the Towns where they live, and thereby disturb and interrupt the regular Proceeding in I owe Meetings.

Which to prevent

Be it further enacted by the Authority aforesaid, That no Perfon that is not a lawful Inhabitant, a House-holder, and that hath not a freehold Eftate rated in the common Lift at Fifty Shillings, or perfonal Effate rated in the faid List at Forty Pounds, befides his Perfon, and that is not of the Age of Twentyone Years, fhall be allowed to vote, act, deal or intermeddle in any TownMeeting in the choice of Officers, granting of Rates, or any other Town Af

Town Clerks.

fairs: And if any Perfon or Perfons not qualified as aforefaid, fhall presume Co vote, act, deal or intermeddle as aforesaid, contrary to this Act, every fuch Offender fhall forfeit the Sum of Fifteen Shillings for every fuch Offence: To be levied by Diftrefs and Sale of the Offender's Goods.

Provided always, That no Freeman of this State fhall by this Act, be debarred or hindred from voting in any Town-Meeting of that Town whereto he Provifo. belongs; any thing contained in this Act to the contrary notwithstanding.

249

Be it further enacted by the Authority aforefaid, That where there are any Precincts or Peculiars, fo called, they shall in all Refpe&ts whatfoever, which Precincts to have reference to State, Minifters, or other Rates, be in the fame Circumftan- be rated, &c, ces, and liable to the like Affeffments, and under the Power of the fame Offi. cers which the Towns are, where faid Peculiars are by Law ordered to be rated.

And be it further enacted by the Authority aforefaid, That the Town-Clerks for the Time being be, and they are hereby fully authorized and impowered,

in fuch Towns wherein there is no Affiftant or Juftice of the Peace refident, Town clerks from Time to Time to adminifter the Oaths that by Law are provided for that to adminifter End, unto the respective Officers of fuch Towns, that by Law ought to be worn oaths, in case. to the faithful Difenarge of their faid Offices.

And that Town Clerks being chosen and once fworn, fhall continue in their Office until other Perfons are chofen and fworn in their Room.

To continue in office, &c.

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And that upon the Refufal, Death, or Removal of any Town Clerk, or other Officer remoordinary Town Officer in any Town in this State, fuch Town may affemble ved new to be together and chufe a-new to fill up fuch vacant Place.

chofen.

to tranfmit annually, &c.

And be it further enacted by the Authority aforejaid, That the Town-Clerks Town clerks in each of the refpective Towns in this State, fhall annually, in May, fend to the Treasurer of the State the Names of the Perfons in their respective Towns, names of col who are chofen Conflables to gather the State Rate.

lectors, &c.

And if any Town Clerk fhall neglect his Duty,herein, he shall pay a Fine of Penalty for
Trventy Shillings; one Half thereof to the Complainer, who thall profecute to neglect zos.
Effect, and the other Half to the Treasurer of the Town wherein fuch Clerk
dwells.

B

An Act concerning Town Clerks Office and Duty.

to record

Eit enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the fame, That the Town Clerk or Re-Town clerks gifter of every Town in this State, shall record all Marriages, Births and Deaths of Perfons in their Towns; and that all Parents, Masters, Executors, and Ad- marriages, miniftrators respectively, shall bring in to the Register of the Town to which births, deaths they belong, the Names of fuch Perfons belonging to them as either fhall be &c. born or die: And alfo every new married Man fhall bring the Time of his Marriage fufficiently proved, either by Certificate from him that married them, or by other legal Proof, to the Regifter within one Month after fuch Birth, Death or Marriage; and every Perfon neglecting fhall forfeit Four Shillings; and for every Month after the said first Month, Four Shillings a Month wherein it is neglected.

And the Regifters of every Town fhall, as far as they can come at, give in an Account of all fuch Neglects to the Grand-jury, who shall make Prefentment thereof to the next Affiftant or Juftice of the Peace in the County; which Forfeitures fhall be paid to the Town Treasurer.

And give an

of neglects,

account to grand jurors

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Suitable

Be it further enacted by the Authority aforefaid, That there shall be a suitable Book or Books for regiftring kept in each Town in this State, with an Index books to be or Alphabet to the fame, containing the Names of the Grantors and Grantees, provided, &c.. and alfo of the Grantees and Grantors in alphabetical Order; in which Book

fing to acknowledge,

&c. grantee may enter

caution, &c.

Town Clerks.

or Books the Town Clerk or Regifter fhall record every Man's Houfe, and Lands granted and measured out to him with the Bounds and Quantities of the fame, and date the Time of his entering all fuch Records.

And if any Grantor being required by the Grantee, his Heirs or Affigns, to make Acknowledgement of any Grant, Sale, Mortgage, or Bargain by him Crantor refu- made, and fhall refufe fo to do, the Grantee, or his Heirs may enter Caution with the Recorder upon fuch Houfing and Lands as are to him granted, bargained, fold, or mortgaged; which Caution fhall fecure the Intereft of the Grantee till a legal Trial hath paffed unto a final iffue according to Law: And the Judgment of the Court being delivered to the Recorder, under the Clerk of the Court's Hand where the Cafe was tried, fhall be his Warrant to record the faid Grant, although the Grantor fhall refufe to acknowledge the fame: And a Copy of the fame under the Hand of the Register or Town Clerk, and an Affiftant, or Commiffioner, or Juftice of Peace, and one of the Select-men, fhall be a fufficient and legal Evidence to all and every Perfon and Perfons that fhall have the fame, to all Intents, Ends and Purposes for the holding of the fame firm to him, his Heirs and Aligns forever.

Provifo.

Deeds, &c.

fired and

witneffed.

Always provided, That no Register fhall record any Lands to any Perfon except he hold the fame in his own Right, and make it appear to the Clerk of Register, that he hath clear Right to thofe Lands by fufficient Teftimony, quiet Poffeffion, Deed of Gift, or Acknowledgement of the Grantor before the faid Register.

And to prevent. Inconveniencies and unnecessary Trouble that may enjue by unwritten Grants, Bargains, Sales, or Mortgages:

Be it further enacted by the Authority aforefaid, That after the first of May to be written, One Thousand fix Hundred and Sixty-one, all Grants, Bargains, Sales, and Mortgages made of Houfes and Lands fhall be in Writing and fubfcribed by the Grantor, with his own Hand or Mark, unto which Mark his Name fhall be annexed, and alfo attefted by two Witneffes, with their own Hands or Marks, unto which Marks their Name fhall be annexed.

acknow

ife

d.

And after the firft of September, One Thousand fix Hundred and Seventy-three all Grants and Deeds made of Houfes and Lands fhall be acknowledged before an Affiftant, or Commiffioner, or Juftice of the Peace.

And that no Grant after the Time aforefaid, fhall be accounted compleated according to Law, but fuch as are written, fubfcribed, witneffed and acknow ledged as aforefaid and all fuch Grants fhall be recorded according to Law.

And the Town Clerk or Register in each Town in this State, fhall keep the Town Book or Books of their respective Towns; and hail truly enter in the a clerks laid Book or Books all Votes of the faid Town, Grants of Land, Choice of step town Town Officers, and other Town Acts and Matters upon his Oath (except when neceffarily abfent) and fhall grant all Copies of the fame as Need fhall require,

records.

No deed va

lid except against gran. tor, &c. un

for reasonable Satisfaction.

And be it further enacted by the Authority aforesaid, That no Grant or Deed of Bargain, Sale or Mortgage made of any Houfes or Lands within this State, from and after the first Day of March, One Thousand seven Hundred and Nine, shall be accounted good and effectual in Law to hold fuch Houfes and Lands lets recorded. against any other Perion or Perfons whatfoever but the Grantor or Grantors, and their Heirs only; unless the Grant, Deed or Deeds thereof be recorded at length in the Records of the Town where fuch Houfes and Lands do lie.

And the Town Clerk or Register in every Town in this State, fhall on the Receipt of any Grant, Deed, Conveyance, or Mortgage of any Houfe the day of te, or Land brought to him to record, note thereupon the Day, Month and Year hen he received the fame, and the Record fhall bear the fame Date.

To bear date

ceipt.

Treason. Treasurers.

251

And it is further enacted by the Authority aforesaid, That if any Town Clerk Said day of or Register within this State, fhall neglect to do and perform his Duty accord- receipt to be ing to the foregoing Paragraph of this Act, and be thereof convicted, he thall noted, on pepay a Fine of Five Pounds to the Treafury of the County whereto he belongs for neglect, for every fuch Neglect.

An Act for the punishment of High-Treason, and other atro

cious Crimes againit the State.

nalty of 51.

BE it enacted by the Governor, Council and Reprefentatives, in General Court effembled, and by the Authority of the jame. That if any Perton or Perions belonging to, or refiding within this State, and under the protection of its Laws, hall levy War against the Sale or Government thereof, or knowingly and willingly fhall aid or affilt any Enemies at open War against this State, or Treafon dathe United States of America; by joining their Armies, or by inilting or pro- fined. curing or perfuading others to init for that Purpofe, or by furnishing Enemies with Arms or Ammunition, Provifion or any other Articles for (uch their Aidor Comfort, or by carrying on a treasonable and treacherous Correspondence with them, or shall form or be any ways concerned in forming any Combination, Plot, or Confpiracy for betraying this State, or the United States, into the Hands or Power of any foreign Enemy, or fall give or attempt to give or fend any Intelligence to the Enemies of this State, for faid Purpose; every Perfon fo offend- Punishment ing, and being thereof convicted, thall fuffer Death.

death.

And be it further enacted by the authority aforesaid, That if any Perfon or Perfons fhall endeavour to join the Enemies of this State, or of the United States, or use their Influence to perfuade or induce any Perfon or Perfons to Misprifion of join, aid, comfort, or affift them in any Way or Manner whatfoever, or fhall treafon, &c. have Knowledge of any Perfon or Perfons endeavouring or ufing their Influence aforelaid, and thall conceal the fame, fhall be punished by Fine, according to

the nature of his Offence, and shall be imprisoned at the Judgment of the Su- How punishperior Court, in any of the Gaols in this State, not exceeding ten Years.

ed.

Be it further Enacted, That no Perfon accused of any of the Crimes aforefaid, mentioned in this Act, who on Examination before proper Authority, Not bailable fhall be adjudged worthy to be held to Trial for the fame, fhall be fet at Liber- uniefs by the ty on Bail; unlefs faid Bail is taken before the Court that hath Jurifdiction of court that. faid Caufe; but he committed to Prifon, there to remain until delivered by due hath jurifdic

Courfe of Law.

An Act for regulating and ordering the public Treafure, and

BE

Treasurers.

tion of the cause.

out proper orders.

Eit enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That the general or public Treature of this State, or any Part thereof, shall not be expended but by the Treafurers to order of the Governor, or Affittants, or General Court: Nor any County Trea- pay out no fare, but by the order of the County Court of that County: Nor any Town monies with Treasure, but by the order of the Select-men, or the Inhabitants of the Town. That the Treafurer of this State for the Time being, fhall deliver or pay no Money belonging to the State Treafury, to any Perfon or Perfons, without Order, under the Hands of two Affiftants, or Juftices of the Peace, if the Sum be above Forty Shillings; and if the Sum be under Forty Shillings, then the Treasurer may accept What orders of an Order for Payment thereof under the Hand of any one Affiftant or Juftice are proper. of the Peace.

252

Provifo.

Treafurers.

Always provided, That the Affiftants or Juftices that grant Bills or Orders as aforefaid, do infert the Particulars for which the Money mentioned in fach Bills or Orders, is due and to be paid.

Gen. court to That the State Treafurer thall pay out of the public Treafury fuch Sum and draw orders Sums as the General Court shall appoint, and order him to pay from Time to on State trea- Time, fo far as he hath of the public Treasury under his Command to do the fury. fame.

State treafu

rer to grant

warrants to collect fines,

&c.

Receipts when to be given.

Accounts for fervices, &c.

done for the State, to be given, &c.

No bill allow

And the faid State Treaforer fhali, and he is hereby impowered and required, at all Times as the Caufe requires, to iffue forth his Warrants to the Sheriff or Copitable, for the levy ing of all Fines and Forfeitures as shall be due from any Perion or Perfons, to the public Treasury of this State.

That upon all Payments made of any of the State's Debts by the State Treasurer, or by any Conftable or other Officer appointed to do the fame, the faid Treasurer, Conflable, and other Officer fhall take Receipts of the Perfons to whom fuch Payments are made, for the Sums paid to them.

And that when any Perion is imprefied, or has any Thing impreffed from him for the Service of the State, or is called to any Service in the fame, he fhall within the Space often Days next after the Service done, or Thing impreffed from him, apply himself to the Authority by whose Warrant fuch Impreffment was made, or to the Officer who impreffed fuch Thing, for a Certificate under his Hand, (who are hereby required upon fuch Application, forthwith to grant fuch ertificate) therein fignifying the Service fo done, the Time fpent therein, and t.true Value, as near as may be, of whatfoever was impreffed from fuch Pe.lon, as aforefaid.

And no Person shall be allowed any Bill upon the State Treasurer, for any ed, &c. with- Service done, or for any Thing impreffed from him for the public Service as aforesaid, without producing fuch Certificate, obtained within the Limitation above prescribed.

cut certifi

cate, &ć.

State treafu

And the State Treasurer fhall render his Accompt, according to fuch Order, rer to account and at fuch Time as the General Court fhall appoint.

&c.

County trea

furer to iffue warrants for

fines due to

the county.

All fines to

be levied annually.

Be it further enacted by the Authority aforefaid, That each refpective County Treasurer in this State, thall be and is hereby impowered and required, whea and fo often as Need fhall require, to iffue forth his Warrant under his Hand, directed to the Sheriff or Conitable, for levying all Fines and Forfeitures that are or shall be due to the Treasury of the County whereto he belongs, from any Perfon or Perions whatsoever; and fhall render his Account to the Judges of the County Court when he shall be thereto required by faid Court.

That the State and County Treasurers fhall fend forth their Warrant for the levying all fuch Fines and Forfeitures whereof they hall have Cognizance, within the space of one Year after they fhall be impofed by the Court, on the Penalty of forfeiting the Sum of Forty Shillings, to the Ufe of fuch Treafury for each neglect.

And be it further enacted by the Authority aforesaid, That the refpective Town Treasurers in the refpective Towns in this State, shall have Power to receive all fuch Monies as fhall become due unto the respective Towns, to which Towu treafu- they belong, either by Rates, Fines, Affeffments or otherwife: And fuch Towa Treasurers thall pay and deliver out all fuch Monies as fhall be in their Hands, according to the Order of fuch Towns, or the Select-men thereof, from Time to Time, keeping a juft Accompt of fuch Receipts and Deliveries, and thall Account with the Town or Select-men at least once a Year.

rers to receive

monies due to towns.

And it fhall be the Duty of every Town Treasurer to apply himself to the Civil Authority in the refpective Towns, for an Account of all fuch Fines and Forfeitures as shall be recovered by Judgment before fuch Authority, belonging to the Treafury of the Town where fuch Judgment is given, at leaft withfor fines, &c. in one Year after Judgment given, and receive the faid Fines and Forfeitures for the Ufe of faid Town.

To apply, &c

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