258

Perfons re

ber, &c. with

Vexatious Suits, Vice.

aforesaid, attempt to remove the famè; or without first paying reasonable moving im- Dimages, and faid Sum for recording as aforefaid; fuch Perfon or Perfons fo ou leave, to offending, fhall forfeit and pay to the Owner or Poffeffor of fuch Lands or Meaforfeit the va. dows, the Value of fuch Timber, Logs, Staves or Shingles fo attempted to be removed; to be recovered by Bill, Plaint or Information.

lue.

Penalty 40s.

for vexatious

fuits, and to

pay treble damages.

Third offence how punish.

ed.

Freamble.

of the .utho. ty herein.

An Act for preventing and punishing vexatious Law-Suits.

BE it enacted by the Governor, Council and Representatives, in General Court afembled and by the Authority of the jame, That whenfoever any Plaintiff fhall wittingly and willingly wrong any Defendant, by commencing and profe cuting any Action, Suit, complaint or Indictment in his own Name, or in the Name of others, with Intent unjustly to vex and trouble fuch Defendant, such Plaintiff being legally convicted thereof, shall pay treble Damages to the Party grieved, and be fined the Sum of Forty Shillings, to the Treasurer of the County.

And for the third Offence in that Kind, he fhall be judged and proceeded against as a Common Barrator.

An Act for the more effectual putting in Execution the Laws againft Vice, Immorality and Profanenefs, and for promoting Christian Knowledge.

WHEREAS putting in Execution the good and wholesome Laws, made for rejtraining, punishing and juppreffing profane, immoral and irreligious Prac tices in this State, and promoting Chriftian Knowledge, will greatly tend to the benor of Religion, the Peace and good Order of buman Society, and to fupprefs Vice ana Wickedness :

Therefore, that the fame may be more generally and effectually done; BE it enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the fame, That all Judges and Juftices of the Peace in the refpective Counties in this State, be, and they are hereby required to be diligent and careful in putting in Execution all fuch Laws and Acts as are or fhall be made in this State, for the punishing, reftraining or fuppreffing any Profaneness, Immorality, or irreligious Practices or Disorders, that thereby the good Ends propofed in fuch Acts and Laws may be attained. That the Select-men from Time to Time, fhall make diligent Enquiry of all Housholders within their respective Towns, how they are furnished with Bibles and if upon fuch Enquiry any Houfholder be found without one Bible to have bibles at leaft, then the Select-men fhall warn the faid Houfholder forthwith to proin their fami- cure one Bible at leaft, for the Ufe and Benefit of their Families respectively: And if the fame be neglected, then the faid Select-men, fhall make Return thereof to the next Authority, who may deal with fuch Houfholder's Family according to the directions of the Law relating to the educating and governing of Children.

Of the Select

men.

Houtholders

lies;

for neglect,

how dealt with &c.

And with &c.

And all fuch Families as are numerous, and whofe Circumftances will allow thereof, fhall be fupplied with Bibles according to the Number of Perfons of catechims, Capacity to use the fame in fuch Families; and with a fuitable Number of Orthodox Catechifms, and other good Books of practical Godliness, and the like. That the Conftables, Grand-jury-men and Tithing-men in the refpective &c. to make Towns in this State, fhall, and they are hereby required to make diligent Search Prefontment, afte, and Prefentment make of all the Breaches of the Laws which relate to

Conftables,

82.

their Office or Offices refpectively.

And the Constables and Grand-jury-men in the refpective Towns hall, on Conftables & the Evenings after the Lords-Day, and other public Days of religious Solemni- grand juryty, walk the Street, and duly fearch all Piaces fufpected for harbouring or entertaining any People or Perfons affembled contrary to Law.

men.

meet annual

third Monday of April, to

Be it further enacted by the Authority aforesaid, That the Juices of the Civil authoriPeace, Grand-jurors, Conftables and Tithing-men in the refpective Towns in ty, &c. to this State, fhall annually meet in the refpective Towns to which they belong, ly on the firft on the first Monday of January, and on the third Monday in June, at the Monday of Place where their annual Town-Meetings are held, or at fome other Place by January, and them appointed, there to advise, confider, and use their joint Intereft in fuppreffing Prophanenefs, Vice, and Immorality; and for the due Exccution of all the Laws of this State, to which their respective Offices have Relation. And be it further enacted by the Authority aforejaid, That the Town-Clerk of each refpective Town in this State, at the opening of the public TownMeeting for electing Town-Officers in December annually, if prefent, and in his Abfence the Select-men for the Time being, who fhall be prefent, fhall meeting in read, or cause to be read this Act, and every Paragraph thereof publicly in this December. Meeting..

And if fuch Clerk, being prefent, or fuch Select-men prefent in the Clerk's Abfence, fhall neglect or refufe publicly to read, or caufe to be read this A&t; then the faid Clerk or Select-men in refufing or neglecting, fhall forfeit and pay the Sum of Twenty Shillings; one Half to the Complainer, who shall profecute to Effect, and the other Half to the Town-Lreafury,

And the Conftables and Grand-jury-men are directed to enquire after, and due Prefentment make of all Breaches of this Act, to fome Affiftant or Juftice of the Peace; who are hereby impowered to hear and determine the fame.

An A&t for enabling the United States of America, to commence and profecute Actions or Suits in any of the Courts in this State, for the recovery of their common Rights and Interests.

BE

advife, &c.

This act to be read annu

ally in town

Conftables & grand-jury to

make prefentment.

E it enacted by the Governor, Council, and Representatives, in General Court affembled, and by the Authority of the jame, That it shall and may be law- The United United ful for the United States of America, to fae, commence, and profecute any States imSuits or Actions for the recovery of any Debts due to them, or any Eftate or powered to Property to them belonging; or for the recovery of Damages for any Frauds recover their or Trefpaffes against them, and to appear by their Agents or Attornies that may be appointed by Congrefs, or by Authority derived from them; and all fuch Suits or Actions purfue to final Judgment and Execution.

debts.

make pre

Ana be it further enacted by the Authority aforefaid, That it fhall be the Duty Informing of the State Attornies, and other Informing Officers in this State, to make officers to Prefentment of all Frauds and other Crimes committed against the United fentment of States, within their respective Precincts, which fhall be profecuted and pun- frauds. ished in the fame Manner as if committed again ft this State.

And be it further enacted, That every Commiffioner or Auditor, appointed

by the United States in Congress affembled, or under their Authority, to fet- Auditors imtle any of the public Accounts, fhall have full Power to call Witneffes before powered to them in this State, and examine them under Oath or Affirmation, touching examine wite any fuch Accounts as are refpectively affigned to them for Settlement; and netfes under oath. if any Perfon duly fummoned, fhail neglect to appear and be examined as aforefaid, he shall be liable to the fame Pains and Penalties as for neglecting to appear before any Court in this State.

An Act for reftraining the taking exceffive Ufury.

E it enacted by the Governor, Council and Representatives in General Court

Six per cent. lawful inter- whatsoever, upon any Contract made, fhall take, directly or indirectly for lean eft for monies of any Monies, Wares, Merchandizes, or other Commodities whatsoever, above the Value of Six Pounds, for the Forbearance of One Hundred Pounds, for a Year; and fo after that Råte for a greater or leffer Sum, or for a longer or fhorter Time.

loaned.

All bonds &c. forfeited when more is taken.

And that all Bonds, Contracts, Mortgages and Affurances whatsoever, made for the Payment of any Principal, or Money lent, or covenanted to be lent upon, or for Ufury, whereupon or whereby there fhall be referved or taken above the Rate of Six Pounds in the Hundred, as aforesaid, shall be utterly void.

And all and every Perfon and Perfons whatsoever, who shall take, accept, and receive by way or means of any corrupt Bargain, Loan, Exchange, or by Penalty for covine, or deceitful Conveyance, or by any other Way or Means whatsoever, taking unlaw for the Forbearance, or giving Day of Payment for one whole Year, of and ful intereft, forfeiture of for their Money, or other Thing or Things above the Sum of Six Pounds for the value, &c. the Forbearance of One Hundred Pounds for a Year; and fo after that Rate for a greater or leffer Sum, or for a longer or fhorter Time, fhall forfeit and lofe for every fuch Offence, the full Value of the Goods and Monies or other Thing fo lent, exchanged, bargained, fold or agreed for one Moiety thereof to the public Treatury of this State, the other Moiety to the Informer who fhall fue for and profecute the fame to Effect.

And whereas many Persons, not contenting themselves with just and realenable Gains, or Intereft for Goods fold or Money lent, do ufe many jubtil and clandeftine Methods to oppress their poor Debtors, by inducing and compelling them to give great and unlawful Sums for Forbearance; and to effect the fame, take Advantage of the Diftrefs and Poverty of their Debtors to induce them to conceal from Witnefes the real Confideration of the Securities given,

For preventing of which,

Be it enacted by the Authority aforesaid, That the Grand Jurors in their refpective Precincts, fhall make Enquiry after all Perfons that are of evil Name and Fame for oppreffing their poor Debtors or Borrowers, or of taking exceffive Intereft for Forbearance, and shall present such Perfon or Perfons to the next Grand-jurors Affiftant or Justice of the Peace, as being guilty of faid Crimes; and if thereto enquire upon fuch Perfon or Perfons fhall not fatisfy the Authority before whom he or and prefent. they are brought to be examined, that he or they are not guilty, fuch Authority may bind over fuch Perfon or Perfons, with two good Sureties, in a Recognizance, not exceeding the Sum of One Hundred Pounds lawful Money, to appear at the next County Court in that County where he or they dwell, to answer to faid Prefentment, and abide the Judgment of the Court thereon.

Refusing to give bond, to be commit. ted, &c.

fufficient.

And if such Perfon or Persons refuse to become bound as aforefaid, the faid Authority shall commit him or them to the common Goal in faid County, there to remain till he or they conform themselves and become bound as aforefaid.

And if upon Trial before the Court, one credible Witness shall come and depose against such Perfon or Perfons, that he or they have taken exceffive InOne witness tereft or Security therefor, or otherwise have oppreffed their poor Debtors or Borrowers, fetting forth the Fact before the Court, it fhall be lawful for the Court to bind fuch Perfon or Perfons, with Sureties, in a Recognizance not exceeding the Sum of One Hundred Pounds lawful Money, to his or their good Behaviour; and that he or they shall offend no more in the like Kind, for such Time as the Court fhall judge meet.

And if fuch Perfon or Perfons shall offend again in like manner, while he

or they are under fuch Recognizance, to be proved against him or them by one credible Witnefs, fuch Perfons fhall be adjudged to have forfeited their For fecond Recognizance; unlefs fuch Perfons fhall be acquitted by a Jury of twelve offence tand lawful men of the Neighbourhood, declaring upon their Oaths, that they be, forfeited. lieve he or they are not guilty: Which Jury he or they, at his or their Requeft, and at his or their own Charge, may have the Liberty of.

And in Cafe Judgment fhall be given against fuch Perfon or Perfons, the Court may Court may at Difcretion chancer down the Recognizance, more or less accord- chancer down ing to the Aggravation of the Offence. the bond.

the court

fetting.

And be it further enacted, That in any Action brought on any Bond, Bill, Mortgage, or other Inftrument whatfoever, it fhall be lawful for the Defendant Bill in equity in fuch Action, to inform the Court before which faid Action is brought, by may be filed filing his Complaint with the Clerk of fuch Court, on the fecond Day of the fecond day of Court's fitting, that the Mortgage, Bond, or other Inftrument on which the Action is brought, is ufurious and oppreffive, and was given for no juft or reafonable Confideration; and then in fuch Cafe the Court is directed and impowered to proceed in fearching out the Truth of fuch Complaint, as a Court of Chancery or Equity, by examining the Parties upon Oath, or in any other Parties to be Way proper to a Court of Equity: And if the Plaintiff fhall refuse to be examined upon Oath, his Action fhall be Non-Suit, and the Court fhall give Judgment for the Defendant to recover his Coft.

examined on oath.

And if the fe

And if upon Trial the Court fhall find fuch Mortgage, Bond or Note, &c. curity is found to be ufurious or oppreffive, and for which the Defendant had no reasonable ufurious to be Confideration, they fhall adjust the fame in Equity, and give Judgment that chancered the Plaintiff recover no more than the juft Value of the Goods fold, &c. or down in equithan the principal Sum which the Defendant received of the Plaintiff, without to the principal without Intereft, or any Advance thereupon. interest.

cafes before

And be it further enacted by the Authority aforefaid, That if the Defendant The provifiin any Action founded on Contract, depending before an Affiftant or Juftice of ons of this aft the Peace, fhall file his Bill complaining that faid Contract is Ufurious, fuch extended to Affiftant or Juftice fhall enquire into, and adjuft the fame in Equity, and render an affiftant or Judgment therein according to the Rules and Directions in this Act prescribed juftices court. for other Courts.

Always Provided, That nothing in this A&t be conftrued to prevent any Perfons from proceeding upon full Evidence in the common Courfe of Law against exceffive Ufury, and ufurious Contracts, either in Defending or Recovering thereon, as in the first Paragraph of this Act is provided.

BE

An Act for due Regulation of Weights and Measures.

Provifo.

ards.

E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That the Treaturer of each Each county County within this State, fhall at the proper Coft and Charge of the faid to have standCounty, provide, as there fhall be Occafion, and continually keep and preferve in good Order, good and fufficient Weights and Meafures as Standards for the faid Counties: The Half Bufhel to be Brafs or Copper; which Weights ded by the To be proviand Measures shall be tried and fealed by the State Standards of Weights and treafurer. Measures, and shall be kept in the refpective County Towns for the Use of the County, upon whofe Coft they were procured.

And if any or either of the County Treasurers fhall not procure and keep the Weights and Measures as abovefaid, and have the fame tried and fealed as aforefaid, he fhall pay a Fine of Five Pounds; one Moiety whereof shall be to the Constable of the County Town that shall complain, and the Remainder to the County Treasury.

And the Conftables in the County Towns fhall enquire whether the faid

Penalty for neglect.

262

ry.

Weights, &c.

Weights and Meafures be provided and fealed as abovesaid; and upon De. Conftables to fault of any or either of the faid Treasurers, the faid Conftables fhail prefent make enqui- them to the next Superior Court in that County, who fhall caufe the said Fine to be levied upon the Treafurer fo neglecting; unless he fhall fatisfy the faid Court that there are Weights and Meatures provided and fealed as abovefaid, within the County Town for the Ufe of the County in which he ferveth as Treasurer. That the Select-men in every Town within this State, fhall provide, as there shall be Occafion, at the Charge and Coft of faid Towns, good Weights and Measures, to be preferved and kept in good Order, as Standards for faid Towns; which Weights and Measures fhall be tried and fealed by the County

Select-men

to provide weights and

meatures.

Conftables to

make prefentment of all breaches

of this act.

Weights, &c.

of particular perfons to be

tried.

Sealers to be chofen and fworn.

Weights, &c.

to be fealed

Standards.

And the Constables in every Town fhall make Enquiry into all Breaches of this A&t; and if upon Enquiry, the faid Conftables fhall find the Select-men have not procured Weights and Measures as abovesaid, that then the Constable or Constables fhall make Complaint thereof to the next Affiitant or Juftice of the Peace: Upon which Complaint the faid Affiftant or Justice fall fuminon before him the Select-men fo neglecting, and if they fhall not fatisfy faid Authority that they have provided Weights and Measures as aforefaid, and that they then have the fame in fuch Town, the faid Authority fhall impofe a Fine of Forty Shillings on fuch Select-men; one Half to the Conftable complaining, and the other Half to the Town Treasury: To be levied by distress and fale of their Goods according to Law.

And all Weights and Measures improved or used by any particular Perfors in any Town, fhall be tried by the Town Standards where they dwell: And whofoever fhall make Ufe of any Weights or Measures that are not proved and tried by the Standards in their respective Towns, fall forfeit the Sum of Five Shillings for every fuch Offence committed; to the Ule of the Treasury of luch Town.

That the Inhabitants of each Town in this State, thall choose one of their able and difcreet Inhabitants, to be a Sealer of Weights, and one to be a Sealer of Measures for their Town; who fhall take the Oath appointed for fuch Offcers: And no Weight or Measure shall be accounted good and legal that is not fealed and approved by faid Sealers.

That the Sealers of Weights and Meafures in the refpective Towns fhall, once a year. once in every Year, feal the feveral Weights and Measures that are ufed in Falfe weights their Town.

&c. to be deftroyed.

And all fuch Weights and Measures as cannot be brought to be equal with the juft Standard, the faid Sealer fhall deface or deftroy.

And that it is and shall be in the Power of every Sealer aforesaid, fome Time in the Month of April yearly, to appoint a Time and Place where he will try the Weights and Measures: and to give public Notice thereof to the Inhabitants of their refpective Towns, to bring their Weights and Meafures to be tried: And whofoever fhall neglect to bring his Weights and Measures to be tried at the Time prefixed by the Sealer, being thereunto warned, he shall forfeit the Sum of Three Shillings; one Half to the Sealer, and the other Half to the Town Treafury; which the Sealer fhall have Power to recover from Time to Time.

And every Sealer that shall neglect his Duty required in, and by this A&t, fhall forfeit the Sum of Thirty Shillings for every fuch Default to the County Treasury.

Provided nevertheless, That nothing in the foregoing A&t shall be conftrued or underflood to interfere with any Regulation that fhall or may be made, relative to the fixing the Standard of Weights and Measures, by the Congrefs of the United States, agreeable to the Powers vefted in them by the ninth Article of Confederation.