Debts liable to be taken as weil as Goods or Eftate, as though it was his own Debt, and Execution fhall, in ufual That Debts due to any fuch abfent or abfconding Debtor, fhall be confidered as his Effects in the Hands of the Perfon from whom the fame are due; who fhall be confidered as his Agent or Trustee, and be obliged to account for the the effects of fame under Oath ; and Recovery may be had against him in the fame Manner abfconding as for Goods or Chattels of fuch abfconding Debtor. debtors. Provifo. Effects thus Provided nevertheless, That if upon Trial, it appear that the Perfon fummoned by fuch Scire Facias, had, or hath not, any Goods or Effects of the Debtor in his Hand, nor hath any ways remitted, transferred, difpofed of, or converted the fame after the ferving the Suit taken out against his Principal, and ferved as aforefaid; the Party that commenced the Suit by Scire Facias, fhall pay Coft to fuch Attorney, Factor, Agent or Trustee, to be allowed and taxed by the Court in ufual Form. And be it further enacted by the Authority aforefaid, That the Goods or Eftaken out of fects of any abfent or abfconding Debtor, taken as aforefaid, by Process and the hands of Judgment of Law out of the Hands of his Attorney, i actor, Agent or Trofee, the factor, by any of his Creditors, fhall fully acquit and difcharge fuch Attorney, Fac&c. fhail discharge tor, Agent or Trustee, his Executors and Adminiftrators, from all and every him from the Action, Suit, Trial, Payment and Demand whatfoever, that may be brought, principal. commenced or made by his Principal, his Executors or Adminiftrators, of, or for the fame. And he may plead the general iffue, & give this actin evidence. Preamble. Penalty for killing deer in certain seasons. Upon com. plaint, And if any fuch Factor, Agent or Truffee, his Executors, or Adminiftratore, shall be molested, troubled or fued by his Principal, for any Thing by him done, in compliance with this Act, he or they may plead the general five, and give this Act in Evidence for his Juftification. 'An Act for the prefervation and increase of Deer; and for the encouragement of keeping them in Park, or other Inclofures. WHEREAS the killing of Deer at unfeasonable Timen of the Year, is very Prejudicial to the public Good; the Flesh and Shin. being then but of little Value, and their Increase greatly binaered: BE E it therefore ended by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the jame, That no Perfon" or Perfons, Indian or others, fhall kill any Deer within this State, at any Time in the Months of January, February, March, April, May, June or July, on Penalty of paying a Fine of four Pounds; one Half to any Perfon that shall give Information thereof, and profecute the fame to effect, and the other Half to the Treasury of the Town where the Conviction is had. And any one Affiftant, or Juffice of the Peace, is hereby authorized to hear and determine any Offences against this Act; and may grant Execution on fuch Judgment, for the Fine and Coft in common Form: Or if the Perfon be unable to pay the fame, the faid Authority may difpofe of him in Service for that Purpofe, for a Term not exceeding four Months. And it fhall and may be lawful for any Affiftant or Juftice of the Peace, on juft Sufpicion being fhewn that any Deer hath been killed contrary to this Act, to grant a Warrant to fearch for the Venison or Skins, in the fame Manner as rant to iffue, in the Cafe of ftolen Goods, that fuch Offenders may be detected. fearch-war &c. And in cafe any Venifon or Skins of any Buck, Doe or Fawn, newly killed, fhall be found with or in the Poffeffion of any Perfon, he shall be judged guilty found in the of killing fuch Deer; unless such Perfon can fatisfy the Authority before whom And if venithe Trial is, of his Innocency, by giving a fatisfactory Account how the fame fon, &c. is came into his Poffeffion, and that he did not kill fuch Deer, nor was aiding or poffeffion of allifting therein. any one, li &c. Who te make pre And the Grand Jurors in the respective Towns, fhall enquire after, and in- able, unless, form of all Breaches of this A&: And on Conviction of the Perfon or Perfons informed against, fhall be entitled to one half of the Penalty aforefaid. Provided, Tha nothing in this Act shall be understood to prohibit Perfons fentment. killing their own Deer, by them kept in Parks or Inclosures. And whereas fundry Perfons in this State, have erected Parks or Inclojures for keeping and prefer ving Deer, which is likely to be for the Public Good, and more may be erected for the jame Purpose: Therefore, For the Encouragement and Security thereof, Provifo Penaty of 71. for kil any park, &c. Be it further enacted by the Authority aforefaid. That if any Perfon or Perfons fhall kill or destroy any Buck, Doe or Fawn kept in any Park or Incloture ing deer in in this State; or fhall course, chase, hunt or wound any fuch Deer; or thall wilfully pull up or throw down any Fence, Gates or Bars inclofing fuch Park or Inclofure whereby fuch Deer may escape, without Leave from the Owner or Owners thereof; or fhall be aiding or affifting therein, every fach Perfon or Perfons fhall, for every fuch Trefpafs in killing or destroying fuch Deer, forfeit and pay to the Owner or Owners thereof jeven Pounds, befides the Price of fuch Deer fo killed or destroyed : And for every fuch Trefpals in courfing, chafing, hunting or wounding fuch Deer, whether fuch Deer be found without or within the Park, if it thall ap- 30s. for chaf pear that the Perfon committing fuch Treípafs knew, or had good Reason to ing, &c. think that fuch Deer belonged to the Owner of the Park, fhall forfeit and pay, as aforefaid, the Sum of thirty Shillings, befides all fuch Damages as fhall be futained by fuch courfing, chafing, hunting or wounding: 131. for And for every fuch Trefpaís in fo pulling up, opening or throwing down any breaking the Fence, Gates or Bars, as aforefaid, fhall forfeit and pay to the Owner or Oy inclofure of ners of fuch Park or Inclofure, the Sum of thirteen Pounds befides all fuch Da- any park, &c. mages as thall accrue thereby. And for further Encouragement of keeping Deer in Parks, and to prevent their being deftroyed when by any Accident they get out of the Park ; .sol. fine for chafing, &c. any deer Be it further enacted, That no Perfon fhall courfe, chafe or kill any Deer within two Miles of any Park wherein Deer are kept, except the Owner of the within two Park or by his Licence, on Pain of forfeiting ten Pounds to the Owner of fuch miles of any Park. park. Which feveral Penalties, Forfeitures and Damages, fhall and may be reco- Recoverable vered by Action, Bill, Plaint or Information. by bill, &c. fame manner Upon Conviction of the Trefpaffer or Trefpaffers, and in the Trial of any and every Action brought for any of the Trefpaffes in this Act mentioned, rela- Trial to be ting to Parks, or the Deer in them, the Court before whom fuch Cafe fhall be had in the brought, may proceed according to the Method provided in the fixth Paragraph as directed in of the Law, entitled, “ An Act for detecting and punishing Trefpaffes in divers the law aCafer, and directing Proceedings therein." Provided nevertheless, That if the Defendant in any fuch Action be an Indian, or other Perfon ignorant of the Nature of an Oath, then, fuch Court fhall refufe his Oath to discharge him, and fhall proceed on the Defendant's Part to enquire according to, and by any other proper Evidence that may be produced by the Defendant. gainst trefpaffes, &c. Provifo. 38 Preamble. Perfons that defame o a Fine, not exceeding 10l. to the Defamation. Delegates. An A&t for the Punishment of Defamation. WHEREAS Defamation, and Slander is a growing Evil, and tends much to the disturbance of the Peace: E it enacted by the Governor, Council and Representatives, in General Court Bembled, and by the Authority acid ajad ve till defame thers, to pay or flander any Perfon or Perfons whatfoever, and be therefore legally convicted before any Court in this State, fhall pay a Sum not exceeding ten Pounds, as a Fine to the public Treafurer of the County in which fuch Offence is committed, and the Perfon or Perfons flandered, fhall have fuch Cofts and Damages, as the Court and Jury that have Cognizance of the faid Cafe fhall judge to be reafonable and juft. county treafury, & damages. If Negroes, to be whipt, and fold to defray char ges; uniefs, &c. Provifo. And that if any Negro, Indian, or Molatto-Slave fhall utter, publish or fpeak fuch Words of or concerning any other Perfon that would by Law be actionable if uttered, published or fpoken by any free Perfon of or concerning any other; fuch Negro, Indian, or Molatto-Slave being thereof convicted before any one Affiftant or Justice of the Peace, (who are hereby impowered to hear and determine the fame) fhall be punished by whipping on the naked Body, at the Dif cretion of the Affiftant or Juftice of the Peace before whom the Trial is, (refpect being had to the Circumstances of the Cafe) not exceeding forty Stripes. And fuch Slave fo convicted, fhall by fuch Authority be fold or difpofed of to defray all Charges arifing thereupon; unless the fame be by his or her Mater or Mistress paid and answered. Provided nevertheless, That fuch Slave be not debarred from making fuch Pleas, and offering fuch Evidences in his, her or their Defence or Juftification on fuch Trial, as any other Perfon might make ufe of being fued in an Action of Defamation, fo far as relates to the Trial before faid Affiftant or Juftice. And whereas defaming the Civil Authority of the State greatly tends to bring the fame into Contempt; and thereby to weaken the Hands of thofe by whom Juj tice is to be adminiftred : Which great Evil to prevent: Be it enacted by the Authority aforesaid, That whoever fall defame any Court of Juftice, or the Sentence or Proceedings of the fame ; or any of the For defam Magiftrates, Judges, or Juftices of any Court, in refpect of any Act or Sentence ing a court therein paffed, and be thereof lawfully convicted before any of the General of justice, &c Courts, or Superior Courts in this State, fhall be punished for the fame by Fine, to be fined, Imprifonment, Disfranchisement or Banishment, as the Quality and Measure imprisoned, of the Offence, in the Opinion of the Court before whom the Trial is had, shall &C. deferve. An Act for regulating the Choice of Delegates to represent this BE it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That the Freemen in the feveral Towns in this State, on the Day when they give in their Votes for the NominaFreemen to tion of the Honorable Council of the State, in September annually, fhall prepare choofe dele- and give in alfo, in like Manner, their Votes or Suffrages, not exceeding Twelve each, for fuch Gentlemen as they hall choofe to represent the State as Delegates, in the Congrefs of the United States, the next Year; and the Votes being returned to the General Affembly in October, fhall be forted and counted, and those who stand highest in Nomination, to the Number of Twelve, shall be de gates in Congrefs. Delinquents. clared and published to ftand in Nomination for Election in whereof the Freemen at their annual Meeting in April, fhail feven Delegates; and on the Day of the General Election by ing the Votes returned, the fame thall be determined; whers ceeding Four, nor less than Two, to attend as Members of C and at the Expence of this State. May following, 39 Delegates And it is further enacted by the Authority aferelaid, That the fates from this State, whether chofen in Manner aforefaid or by the General Afft.bly as accountable bereafter provided, fhall be accountable and anfwerable to this Affembly for to, and re. their Conduct from Time to Time, and be liable to be recalled in Cafe faid Af-moveable by the affembly. fembly fhall judge fit. އ Time of en Be it further enged, That the Delegates fo chofen, fhall enter upon their Offices on the first Monday of November, next ensuing their Election, and con- tering on, and tinue in the fame for the Term of one Year thence next enfuing. Always pro- continuance vided, That Delegates may be chofen by the General Affembly to reprefent in chice. this State in Congrefs, until their Places may be fupplied in the Manger in this Act directed; any Thing in this Act before contained notwithstanding. Provided always, That in Cale of Death, Refignation, Retufal or Revocation, Frovifo. the General Affembly may supply fuch Vacancy as may ío happen. E it enacted by the Governor, Council and Representatives, in General Court Delinquents affembled, and by the Authority of the fame, Ihat all Perfons profecu- to be tried ted for any Matter of Delinquency, before the Superior or County Court, fhail by a jury. have Liberty to be tried by a Jury, if deûred. Where the That when any Perfon or Perfons fhall be brought before any Affiftant or Juf penalty extice of the Peace, for any Matter of a crimina! Nature, fuch Authority is here- ceeds not 40s. by fully impowered to hear and determine the fame, where the Penalty does triable by an not exceed the Sum of forty Shillings. affistant or juftice. But if by Law fuch Matter is not determinable by a fingle Minifter of Juf- But if it extice, fuch Authority fhall recognize with Surety, fuch Perfon or Perfons, if bai- ceeds the juJable, to appear before the Court proper to try and determine the fame: And rifdiction of a for want of fufficient Bail to commit him or them to Goal, for the Purpose afore- justice, to he faid; and also to commit to Goal all fuch as are not by Law bailable, that they bound over, may be brought to Juftice. tis That when any Perfon fhall be condemned in any Matter of a criminal Na- Appeal alture, before an Affiftant or Juftice of the Peace, (except for Drunkennels; pro- lowed to the phane Swearing, Curfing, or Sabbath-breaking) he foall have liberty of an county court, Appeal to the next County Court; provided, he give fufficient Security for his except, dc. Appearance, and for the abiding the Judgment that may be given by the County Court therein. refuting &c. And if any Person who fhall be required to appear and give his Lyience, Witnelles upon the Trial or Examination of any Delinquent or Criminal, or an Offender, the commit against any penal Law, fhall refuse to appear, or make Oath to declare his ted. Knowledge in the Cafe, the Court, Affiftant, or Jufice holding fuch, Trial, may appréhend and commit the Perton fo refufing to Goal, there to remain at his own Coft, till he shall give Evidence as aforefaid... Provided always, That fuch evidence hall at no Time be confirued to his Prejudice. Provifo. In what cafes And that when any Affillant or Justice of the Peace, fhall have plain. View, or perfonal Knowledge of any Perfon's being guilty of Drunkennels, pro- perional phane Swearing, Curling, or Sabbath Breaking, it thall he accounted good knowledge and fufficient Evidence in the Law, for fuch Affittant or Justice to make fufficient for up a Judgment against fuch, Perfon or Perfons offending, when guilty conviction H 40 No perfon to plead &c. without leave. &c. Delinquents. of any of the faid Crimes, having firft caufed fuch Perfons to be brought before him. And be it further enacted by the Authority aforefaid, That no Person shall plead in behalf of any Perfon or Perfons that are upon Examination or Trial for Delinquency, without leave from the Court, Affiftant, or Justice before whom fuch Trial is. And if any Perfon or Perfons upon his or their Examination or Trial for DePunishable linquency, or any other Perfon not under Examination or Trial as aforefaid, in for contempt the Prefence of any Court, fhall either in Words or Actions behave contemptaoufly or diforderly, it fhall be in the power of the Court, Affiftant, or Justice to inflict fuch Punishment upom him or them as they fhall judge moft fuitable to the Nature of the Offence. Provided, That no fingle Minister of Justice shall inflict any other Punishment upon fuch Offenders than Imprifonment, binding to the Peace or Good-behaviour to the next County Court, putting them in the Stocks, there to fit not exceeding two Hours, or impofing a Fine, not exceeding thirty Shillings. Provifo. Sheriffs, &c. And when any Sheriff, Deputy- Sheriff, or Constable shall receive a Warrant from any Court, Affiftant or Juftice that hath lawful Cognizance of the Offence, to do execu- to do Execution of a Judgment by them given against any Criminal or Delintion, &c. quent, fuch Officer fhall proceed according to the Direction of such Warrant to do Execution himfelt, or by tome meet Perfon by him to be procured, to the acceptance of the Court granting fuch Warrant; and for doing Execution as aforefaid, a reasonable Satisfaction shall be made, as the Court, Assistant, or Juftice fhall allow; which fhall be taxed as part of the Cost against fuch Delinquent, and shall be paid, as in this A&t is provided for the payment of the Charges of Profecution. Provifo. Delinquents Provided nevertheless, and be it enacted by the Authority aforesaid, That no Person shall be twice fentenced for one and the fame Crime, Trespass, or Of fence; and that no bodily Punishment that is inhuman, barbarous, or cruel, fhall be inflicted on any Perfon. And be it further enacted by the Authority aforesaid, That all persons who fhall for any matter of Delinquency, or of a criminal Nature, be informed againft, complained of, indicted or any ways profecuted by any Informing Of. to pay cofts, ficer legally appointed and fworn for that Purpose, fhall pay all the neceffary whether Coft arifing upon fuch Profecution before they fhall be difcharged; whether guiky or not, on Trial of the Case they shall be found guilty, or not, if it fhall appear to the except, &c. Court, Alftant, or Juftice of the Peace before whom the Profecution fhall be, that the fame was occafioned by any unlawful or blameable Conduct of the Perfon or Persons accused; but in every Cafe where a Bill is prefented to a GrandJury, and by them returned not a true Bill, and in every other Cafe, whether an Indictment by a Grand-Jury, or other Information, it shall appear to the Satisfaction of the Court, Affiftant or Juftice, that fuch Indi&ment or Informati on was occafioned by mistake, or without any faulty Conduct of the Perfon or Persons accused, fuch Perfon or Perfons fhall be difmiffed without paying Coft;. and the neceffary Coft arisen shall be paid out of the Treasury into which the Fine fhould have been paid, had the Criminal been fined upon fuch Profecution. And that when any Perfon profecuted as aforefaid, who ought to pay the coft of his Profecution, fhall not have Eftate to pay the fame, it shall and may be lawful for the Court, Affiftant or Juftice, before whom fuch Process Not having fhall be, to difpofe of any fuch Perfon in Service to any Inhabitant eftate to pay of this State, or of the United States, for fo long a Time as fhall be necefthe fame is fary to procure Money fufficient to pay fuch Coft: But when fuch Charges to be paid. cannot be obtained out of the Eftate or Service of any Perfon profecuted the coft, how |