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to be taken as weil as

debtors.

Goods or Efate, as though it was his own Debt, and Execution shall, in usual

Form of Law, be granted thereon. Debts liable That Debts due to any such absent or absconding Debtor, hall be considered

as his Effects in the Hands of the Person from whom the fame are due; who

shall be considered as his Agent or Truitee, and be obliged to account for the the effects of fame under Oath ; and Recovery may be had against him in the fame Manner absconding

as for Goods or Chatteis of such absconding Debtor.

Provided neverthelels, That if upon Trial, it appear that the Person funmoned by such Scire Facias, had, or hath not, any Goods or Effects of the Deb

tor in his Hand, ror hath any ways remitted, transferred, disposed of, or conProviso.

verted the same after the serving the Suit caken out against his Principal, and served as aforesaid ; the Party that commenced the Suit by Scire Facias, fall pay Colt to such Attorney, Factor, Agent or Trustee, to be allowed and taxed

by the Court in usual Form. Effects thus And be it further enabied by the Authority aforesaid, That the Goods or Efraken out of fects of any absent or absconding Debtor, taken as aforesaid, by Process and the hands of Judgment of Law out of the Hands of his Attorney, i actor, Agent or Truftee, the factor,

by any of his Creditors, shall fully acquit and discharge such Attorney, Fac&c. thail discharge

tor, Agent or Trustee, his Executors and Administrators, from all and every him from the Adion, Suit, Trial, Payment and Demand whatsoever, that may be brought, principal. commenced or made by his Principal, his Executors or Administrators, vi, or

for the same.

And if any such Factor, Agent or Trustee, his Executors, au cimeters, plead the shall be molested, troubled or fued by his Principal, for anv I hijo y lim general ir.

done, in compliance with this Act, he or they may plead the general live, and fue, & give this actin

give this Ad in Evidence for his Justification. evidence.

And he may

An Act for the preservation and increase of Deer; and for

the encouragement of keeping them in Paris, or other Inclosures.

Preamble. WHEREAS the killing of Deer at unfeasonable Siemens of the Year, is very

Prejudicial 10 tbe public Good ; ibe Flesh and Slix. being then but of little Value, and their Increase greatly binaered:

E it therefore mailed by the Governor, Council and Representatives, in Gent. Penalty for killing deer Persons, Indian or others, shall kill any Deer within inis State, at any. Time in in certain the Months of January, February, March, April, May, June or July, on fearons. Penalty of paying a Fine of four Pounds ; one Half to any person that fall give

Information thereof, and prosecute the same to effect, and the other Half to the
Treasury of the Town where the Conviction is had. And any one Afiftant, or
Juftice of the Peace, is hereby authorized to hear and determine any Offences
against this Act; and may grant Execution on such Judgment, for the Fine and
Colt in common Form: Or if the Perion be unable to pay the same, the said
Authority may dispose of him in Service for that Purpose, for a Term not ex-

ceeding four Months. Upon com

And it fhalt and may be lawful for any Assistant or Justice of the Peace, 'on plaint, jaft Suspicion being thewn that any Deer hath been killed contrary to this Act, search-war- to grant a Warrant to search for the Venison or Skins, in the same Manner as Tant to issue, in the Case of Atolen Goods, what fuch Offenders may be detected. &c.

And in case any Venison or Skins of any Buck, Doe or Fawn, newly killed, fall be found with or in the Polfellion of any Person, he thall be judged guilty

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&c.

or

of killing such Deer ; unless such Person can satisfy the Authority before whom And if venithe Trial is, of his Innocency, by giving a fatisfactory Accouni how the same fon, &c. is

found in the came into his Poffeflion, and that he did not kill such Deer, nor was aiding or

poffeffion of allifting therein.

any one, li. And the Grand Jurors in the respective Towns, shall enquire after, and in- able, unless, form of all Breaches of this Act : And on Conviction of the Person or Persons

Who to informed against, shall be entitled to one half of the Penalty aforesaid.

make preProvided, Thanothing in this Act shall be underitood to prohibit Persons sentment. killing their own Deer, by them kept in Parks or Inclosures,

Provifo And whereas fundry Persons in this Stete, have erected Parks or Inclosures for leeping and preserving Deer, which is likely to be for the Public Good, and more ney be credid for the same Purpose :

Therefore, For the Encouragement and Security thereof,
Be it further enacted by the Authority aforesaid, That if any Person or Per-

Penaty of

71. for kilfons fhall kill or destroy any Duck, Doe or Fawn kept in any Park Incloture

ling deer in in this State ; or shall course, chase, hunt or wound any such Deer; or shall any park, &c. wilfully pull up or throw down any Fence, Gates or Bars inclosing luch Park or Inciosure whereby such Deer may escape, without Leave from the Owner or Owners thereof; or shall be aiding or affifting tberein, every such Person or Perrons thail, fer every such Trespass in killing or destroying such Deer, forfeit

:d pay to the Owner or Owners thereof joven Pounds, besides the price of such Deer lo kilied or destroyed :

And for every such Trespass in coursing, chaling, hunting or wounding such Deer, whether such Deer be found without or within the Park, if it fall ap- 3os. for charPear that the Person committing such Trespass knew, or had good Reason to ing, &c. chiok chat suci Deer belonged to the Oyner of the Park, shall forfeit and pay, as aforesaid, ihe Sum of thirty Shillings, besides all such Damages as hall be lulained by fuch courfing, chasing, hunting or wounding :

131. for And for every such Trespaís in fo pulling up, opening or throwing down any breaking the fence, Gates or Bars, as aforesaid, shall forfeit and pay to the Owner or Ow.inclofure of mers of such Park or Inclosure, the Sun of thirteen Pounds besides all such Da- any park, &c. mages as thall accrue thereby.

And for further Encouragement of keeping Deer in Parks, and to prevent their bing deffroyed when by any Accident they get out of the Park ;

1ol. fine for

chaling, &c. Be it further enated, That no Person shall course, chase or kill any Deer

Iwo Miles of any Park wherein Deer are kept, except the owner of the within two Park or by his Liceace, on Pain of forfeiting ten Pounds to the Owner of such miles of any

park. Which several Penalties, Forfeitures and Damages, thall and may be-reco- Recoverable vered by Action, Bill, Plaint or Information.

by bill, &c. Upon Conviction of the Trespasser or Trespaffers, and in the Trial of any and every Adion brought for any of the Trespasses in this Aet mentioned, rela- Triál to be eing to Parks, or the Deer in them, the Court before whom fuch Cafe Thall be had in the brought, may proceed according to the Method provided in the fixth Paragraph as directed in of the Law, entitled, “ An for dueting and punishing Trefpafes in divers the law a"Cafet, and directing Proceedings therein."

gainst tref. Provided nevertheless, That if the Defendant in any such Action be an In

passes, &c. dian, or other Person ignorant of the Nature of an Oath, then, such Court

Proviro. thall refuse his Oath to discharge him, and thall proceed on the Defendant's Part to enquire according to, and by any other proper Evidence that may be produced by the Defendant.

within

any deer

Park.

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Defamation. Delegates.

38

An Act for the Punihment of Defamation.

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Preamble.

WHEREAS Defamation, and Slander is a growing Evil, and tends much

to the disturbance of the Peace :

E it enasted by the Governor, Council and Represeniatives, in General Court Persons that

assembled, and by the Authority of the jame, That whosoever fhail defame derame others, to pay or lander any Person or persons whatsoever, and be therefore legally convicted a Fine, not before any Court in this State, shall pay a Sum not exceeding ten Pounds, as a exceeding Fine to the public Treafurer of the County in which such Offence is committed, sol. to the

and the Person or Persons flandered, shall have such Costs and Damages, as che county trea

Court and Jury that have Cognizar.ce of the faid Case shall judge to be reasury, & da.

sonable and just. mages.

And that if any Negro, Indian, or Molatto-Slave shall utter, publish or speak If Negroes,

such Words of or concerning any other Person that would by Law be actionable Indians or

if uttered, published or spoken by any free Person of or concerning any other; Molattoes such Negro, Indian, or Molatto-Slave being thereof convicted before any one offend, &c. Alliftant or Justice of the Peace, (who are hereby impowered to hear and deto be whipt, termine the same) shall be punished by whipping on the naked Body, at the Dirand fold to dsfray char

cretion of the Atliftant or Justice of the Peace before whom the Trial is, (reges; unless, spect being had to the Circumstances of the Case) not exceeding forty Stripes.

And such Slave so convicted, shall by Such Authority be fold or disposed of tog defray all Charges arising thereupon; unleís the same be by his or her Malter

or Mistress paid and answered. Proviso.

Provided neverthelegs, That fuch Slave be not debarred from making luche Pleas, and offering such Evidences in his, her or their Defence of Justification on such Trial, as any other Person might make use of being sued in an Action of Defamation, so far as relates to the Trial before faid Alftant or Juftice.

And whereas defaming the Civil Authority of the State greatly tends to bring the same into Contempt ; and thereby to weaken tbe Hands of those by wbom Jujtice is to be administred :

Which great Evil to prevent :
Be it enacted by the Authority aforesaid, That whoever fr.all defame any
Court of Justice,

or the Sentence or Proceedings of the same ; or any of the For defam. Magistrates, Judges, or Justices of any Court, in respect of any Act or Sentence ing a court therein passed, and be thereof lawfully convicted before any of the General of justice, &c Courts, or Superior Courts in this state, shall be punished for the same by Fine, to be fined, Imprisonment, Disfranchisement or Banishment, as the Quality and Measure imprisoned, &c.

of the Offence, in the Opinion of the Court before whom the Trial is had, thall deserve.

&c.

An Act for regulating the Choice of Delegates to represent this

State in the Congress of the United States.
E it enacted by the Governor, Council and Representatives, in General Court

assembled, and by the Authority of the fame, That the Freemen in the sever

al 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, shall prepare choose dele- and give in also, in like Manner, their Votes or Suffrages, not exceeding Twelve gates in

cach, for such Gentlemen as they Shall choose to reprelent the State as Delegates, Congress.

in the Congress of the United States, the next Year; and the Votes being rer turned to the General Affembly in Oktober, shall be forted and counted, and those who stand highet in Nomination, to the Number of Twelve, fall be de

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clared and published to stand in Nomination for Election in Mar-feitowing,
whereof the Freemen at çheir annual Meeting in April, faci to choose
seven Delegates ; and on the Day of the General Élection to
ing the Vores returned, che fame hall be determined ; whers
ceeding Fours nor less than two. 19 Attend as Members of
and at the Expence of this State.

And it is fürsber enated by ihe Authority aforesaid, That'the area from De!c2223 this State, whether cholen in Mannet aforesaid or by the General as accurata de bereafter provided, shall be accountable and answerable to this dombv fo: to, and re their Condu&t from Time to Time, and be liable to be recalled in Cale Taid Ar- moveable by

the allembly. Iembly fhall judge fit.

Be it furtber ineeded; That the Delegates fo choren, mall enter upon theit Time of enOffices on the first Monday of November, next ensuing their Election, and con- tering on, ana tidue in the same for the Term of one Year chence next ensuing: Always pro- continuance vided, That Delegates may be chosen by the General Affembly to represent in cm.ce. this State in Congress, until their Places may be supplied in the Manoer in this A&t directed ; any Thing in this Ad before contained notwithstanding.

Provided always, That in Cale of Death, Resignation, Relusal or Revocation, Provifo. the General Affembly may supply fuch Vacancy as may so happen.

An Ad concerning Delinquents. B E it inated by the Governor, Council and Representatives, in General Court Delinquents affembled, and by the Authority of the fame, That all Persons profecu-to be tried

by'a jury. ted for any Matter of Delinquency, before the Superior or County Court, fait have Liberty to be tried by a Jury, if deüred.

Where the That when any person or Persons shall be brought before any Aliftarit or Jur

penalty ex: tice of the Peace, for any Matter of a criminal Nature, luch Authority is here- ceeds not fos. by fully impowered to hear and determine the fame, where the Penalty does triable by an not exceed the Sum of forty Shillings:

affiftant orjurBut if by Law'foch Matter is not determinable by a single Minister of Jus

But if it ex tíce, fuch Authority shall recognize with Surety; such Person of Personsif bai..ceeds" the ju Jable, to appear beforë the Court proper to cry and decermine the same: And rifdition of a for want of sufficient Bail to commit

him or them to Goal, for the purpose afore- justice, to be faid; and also to commit to Goal all such as are not by Law bailable, that they

bound over, may be brought to Juftice. That when any person shall be condemned in any Matter of a criminal Na.

Appeall ai. ture, before an Afiftant or Juftice of the Peace, (except for Drunkennersi: pre- lowed to the phane Swearing, Curfing, or Sabbath-breaking he fall have liberty of an couny.ccurs, Appeal to the next County Court ; provided, he give fofficient Security for his except, dc. Appearance, and for the abiding the Judgment that inay be given by the Coun- Proviso. ty Court therein. And if any Person who shall be required to appear and give bis. Lyistence,

Witneles upon the Trial or Examination of any Delitiquent or Criminal, or an Ofender, rejuring &c.

to he eomnit against any penal Law, shall refuse to appear, or make Oach to declare his ied. Knowledge in the Cale, the Court, A diftant, or Juice holding fuch Trial, may apprehend and commit the Pecton fo refofing to Goal, there to remain at his own Cok, çill he shall give Evidence as atoresaid.

Provided always, That such evidence lball at no Time be construed to his Proviso.
Prejudice.
And that when any Alilant or justice of the Peace, shall have plain View,

In what cales or personal Knowledge of any person's being guilty of Drunkenness, pro perional phane Swearing, Curling, or Sabbath-Breaking, it thall he accounted good knowledge and sufficient Evidence in the Law, for such Afittane or Justice to make' suficient for up ^ Judgment against such Person or Persons offending, wheni guirly convi&ion

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tice.

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of any of the said Crimes, having first cadrell such Persons to be brought before

him. No person

And be it further enacted by the Authority aforesaid, That no Perron shall to plead &c. plead in behalf of any Person or Persons that are upon Examination or Trial without for Delinquency, without leave from the Court, Affiftant, or Justice before (cave.

whom such Trial is.

And if any Person or Persons upon his or their Examination or Trial for DePunishable linquency, or any other Person not under Examination or Trial as aforesaid, ja for contempt the Presence of any Court, thall either in Words or Adions behave contempta&c.

ously or disorderly, it shall be in the power of the Court, Alftant, or Justice to india such Punishment upom him or them as they fhall judge" most suitable to

the Nature of the Offence. Provided, That no língle Minister of Justice fhall Proviso. inflict any other Punishment upon such Offenders than Imprisonment, 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.
And when

any Sheriff, Deputy. Sheriff, or Constable shall receive a Warrant Sheriffs, &c.

from any Court, Allifant or Justice that hatk lawful Cognizance of the Offence, to do execu- to do Execution of a Judgment by them given against any Criminal or Delincion, &c. quent, such Officer shall proceed according to the Direction of such Warrant to

i do Execution himselt, or by fome meet Person by him to be procured, to the ac.

ceptance of the Court granting fuch Warrant; and for doing Execution as aforesaid, a reasonable Satisfa&tion shall be made, as the Court, Aliftant, or Justice shall allow; which shall be taxed as part of the Cof againft fuch Delin. quent, and shall be paid, as in this Ad is provided for the payment of the

Charges of Prosecution. Proviso.

Provided nevertheless, and be it eafled by the Authority aforesaid, That no Person shall be twice fentenced for one and the same Crime, Trespass, or Of fence ; and that no bodily Punishment that is inhuman, barbarous, or cruel, Shall be inflicted on any Person.

And-be it further enated by tbe Autbority aforesaid, That all persons who.

Thall for any matter of Delinquency, or of a criminal Nature, be informed Delinquents

against, complained of, indicted or any ways prosecuted by any Informing Of. to pay cofts, ficer legally appointed and sworn for that Purpose, shall pay all the necessary whether

Coft arising upon fuch Profecation betore they shall be discharged ; whether guilty or not; on Trial of the Case they shall be found guilty, or not, if it shall appear to the except, &c. Court, Aliftant, or Juftice of the Peace before whom the Prosecution thall be,

that the same was occafioned by any unlawful or blameable Conduct of the Person or Persons accused ; but in every Case where a Bill is presented to a Grand. Jury, and by them returned not a true Bill, and in every other Case, whether an indictment by a Grand- Jury, or other Information, it shall appear to the Satisfaction of the Court, Alliftant or Justice, that such Indi&ment or Informatie on was occasioned by mistake, or without any faulty Conduct of the Person or Persons accused, such Person or Persons shall be dismissed without paying Coft ; and the necessary Coft arisen shall be paid out of the Treasury into which the Fine Should have been paid, had the Criminal been fined upon such Prose. cution.

And that when any Person prosecuted as aforesaid, who ought to pay the cost of his Profecution, shall not have Etate to pay the fame, it shall and

may be lawful for the Court, Afliftant or Justice, before whom fuch Process Not having shall be, to dispose of any such Person in Service to any Inhabitant, citate to pay of this state, or of the United States, for so long a Time as shall be necefthe fameis" sary to procure Money futficient to pay fuch Col : But when such Charges to be paid cannot be obtained out of the Estate or Service of any Person prosecuted

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