3

46

Penalty on
fuch as un-

Embargoes.

And whereas undue Influence, Bribery, and Corruption in Election, are of pernicious Tendency in a State:

Be it further enacted by the Authority aforefaid, That if any Perfon fhall endeavour unduly to persuade or influence any other Perfon or Perfons, in giving their Vote or Suffrage for any Member of the Legislature, by offering to any Perfon or Perfons any written Vote or Votes for that Purpofe, without being in their votes firÅ thereto requested, fuch Perfon fo offending, fhall pay a Fine of forty Shil lings, for the Ufe of the Town Treafury.

duly influ-
ence others

and on fuch

as accept a

giv

fee for gif

ing to give
any vote.

Members

And be it further Enacted, That no Perfon or Perfons fhall offer, accept, or receive any Sum or Sums of Money, or other Matter or Thing, by way of Gift, Fee or Reward, for giving or refufing to give any Vote or Suffrage for electing any Member of the General Affembly of this State, nor promife, procure, or any ways confer any Gratuity, Reward, or Preferment for, or, on account of any Vote or Suffrage given, or to be given in any Election: And every Perfon to giving, offering, accepting or receiving as aforesaid, fall in every fuca Cafe, forfeit and pay the Sum of five Pounds; one Half to him or them that fhall fue for and profecute the fame to Effect, and the other Half to the Treafury of the Town, where the Offence is committed. And any Perlon who fhall be convicted a fecond Time of the like Offence, shall be disfranchifed.

And that every Perfon who fhall be elected by Means of fuch evil and unduly elec-illegal Practice as aforefaid, fhall be and hereby is declared to be incapable to ted, incapa ferve as a Member in fuch Affembly; unlefs fuch Perfon fhail be able to fatisfy faid Affembly, that the fame was done altogether without his Privity, and that he was not directly or indirectly concerned therein.

ble to ferve.

Who to make pre fentment.

Preamble.

The govern

And be it further enacted by the Authority aforefaid, That it fhall be the Duty of every Constable and Grand-jury-man, to enquire after, and make Prefentment of all Breaches of this A&t.

An Act to enable the Governor to lay an Embargo, and for rendering the fame when laid effectual.

WHERE AS the Exportation of Necessaries, and other Articles that may be wanted in Times of Scarcity, and Times of War, may reduce the Inhabitants of this State to great Straits, and prove very prejudicial to to the public Interest. Which to prevent;

BE E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That the Governor of this or impower- State, for the Time being, by and with the Advice of the Council, is hereby ed to lay fully impowered, and defired from Time to Time, as there fhall be Occafion, embargoes. to iffue out and fend forth his Proclamation, thereby to prohibit and forbid the

Transportation, or carrying out of this State, either by Land or Water, any Article or Thing that the Governor, and his Council fhall think neceffary and expedient to prohibit for the Time fet and limited, in, and by fuch Proclamation : Provided always, that fuch Embargo fhall not extend to hinder any neceffary Provifions from being put on Board any Ships of War, or Privateers, or Merchant Ships, or Veffels belonging to this State, or to any of the Inhabitants thereof, or to the United States, for their neceffary Stores, Bills of which Stores always to be allowed by fome Affiftant, or Juftice of the Peace, in which Allowance, regard is to be had to the Number of Men, and Length of the Voyage intended, nor fhall the fame continue in Force after the expiration of twenty Days next after the begining of the next General Affembly that shall happen af ter the Date of fuch Proclamation.

And that all Embargoes, when laid by the Governor and Council as afotefaid, or by the General Affembly, may be rendered effectual :

Be it enacted by the Authority aforesaid, That upon the publishing of a Proclamation for an Embargo regularly laid, every Perfon whatsoever, and all Matters of Ships and other Veffels, lying within this State, fhall forthwith land or flop, all and every embargoed Article or Thing, as they then have on board fuch Ships or Veffels, or loaded in or upon any Cart, Carriage, Wag-Upon procla gon, Pack-horse or otherwife,for Transportation, or that may be driving on the nation, &~." Foot, contrary to fuch Proclamation, or give a true invoice and Account there all goods, &c. to be stopped of to fome Naval Office, Aliftant or Justice of the Peace, and alfo become and bond gi bound with two fufficient Sureties to the Treafurer of this State, in the penal ven, &c. Sum of five Times the Value of fuch embargoed Articles or Things, which they are about tranfporting and carrying out as aforelaid,with a Condition to faid Bond importing, that if faid embargoed Articles or Things shall be landed, or i fold in fome Place in this State, for the Ufe of the Inhabitants thereof, then the > faid Bond to be void, but on failure thereof, to be and remain in full Force.

.

1

And if any Perion or Persons, shall refuse and neglect to conform himself to this Act, it shall be lawful for any Affiftant or Juftice, of the Peace, and they i are hereby ordered in fuch Cafe, ex Officio, or on Complaint or Information, Duty of affirto iffee forth a Warrant to a proper Officer, to feize and fecure fuch embargoed tants and juf Articles or Things, until fuch Perfon or Perfons fhall conform to this Act, and tices, ex ofli. cio, to feize, alfo pay all Cofts occafioned by laid Refusal or Neglect, said Costs to be taxed &e.** and allowed by fuch Affiftant or Juftices, hot ve

And be it further enacted, That if any Perfon or Perfons fhall tranfgrefs this Act, by carrying or driving out of this State any embargoed Article or Thing, contrary to faid Proclamation, he or they fhall forfeit double the Value thereof, to be recovered by Bill, Plaint, or Information in any Court proper to try the า fame; one Half to him or them who fhall profecute the fame to Effect (if Forfeiture. profecuted by a common Informer) and the other Half to the public Treafury double the of this State; but if profecuted by any public Informing Officer, then the value, &c. whole of faid Forfeiture to belong to faid public Treasury. And all Inform

ing Officers are hereby directed to profecare all Breaches of this Act

An Act to prevent Encroachments on High-Ways, and on common and undivided Lands.

E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the jame, That if any Perfon hath within the Space of fifteen Years, taken, or hall take any part of any High-Way, or common or undivided Land, into his Field or Inclofure; or erect any Fence thereon, in fuch Manner that the faid High-Way is ftraitened, and made nare Encroach..... rower than before; or any part of the coinmon or undivided Land is encroach. Encroach. ments made ed upon, the Select-men of the Town wherein the Offence is committed, or a within 15 Committee appointed by fuch Town for that Purpofe, or a Committee ap- years, how pointed for that End by the Proprietors of the common or undivided Land en- removeable, croached upon, (which Committees fuch Town and Proprietors are enabled to &c. appoint) or any Three of fuch Proprietors are hereby directed and impowered to give Notice or Warning to the Ferfon or Perfons fo offending, to remove or caufe to be removed, fuch Fence or Encroachment within fuch convenient Time as the faid Select-men, Committee, or Proprietors fhall appoint, not exceeding one Month after fuch Notice.

And if the Perfon or Perfons warned as aforefaid, do not caufe fuch

Charge of removal by whom paid.

Penalty of

Aos. for fe

cond offence.

Fence or Encroachment to be removed within the Time fo limited, it hall be lawful for the faid Select-men, Committee, or the faid three Proprietors to remove the fame.

fי

And the Perfon who made fuch Encroachment, shall pay to fuch Select-men, Committee or Proprietors, the Charge of fuch Warning and throwing dow and removing fuch Encroachment; to be recovered by Action before any Court proper to try the fame.

And if the Perfon offending as aforesaid, fhall commit the like Offence, by taking in the fame, or a greater or leffer Quantity of any High-way, common or undivided Land, where his Fence has been removed as aforesaid, he shall incur the Penalty of forty Shillings, for every fuch Offence, as often as he shall commit the fame; to be recovered by Bill, Plaint, Action or Information by the Perfon who gave the Warning, and caused the said Fence or Encroachment to be removed; one Half of the Penalty to be to the Profecutors, with coft of Prosecution, and the other Half to the County Treasury of the County in which the Offence is committed. In which Trials no Appeal shall be allowed.

And that every Perfon profecuted for faid Offence, fhall be deemed guilty Burden of thereof, unless he can fatisfy the Court that hath cognizance thereof, that he did proof on the it not himself; nor by his Order or Confent, caufe, or procure faid Offence to delinquent. be committed. And it fhall be lawful for fnch Select-men, Committee, or Pro

This A& may be giv.

en in evidencé, in the

general iffue.

Double cofts.

Courts of equity how to

proceed.

prietors, without further Notice, to remove fuch Encroachment as often as it fhall be fet up, after it hath been once removed as aforefaid.

And be it further enacted by the Authority aforefaid, That if thofe, or any of thofe Perfons that fhall pull down and remove fuch Fence or Encroachment as aforefaid, fhall be fued in Treipafs for fo doing, by any Perfon or Persons whofe Fence fhall be so pulled down or removed, fach Select-men, Committee or Proprietors, who fhall pull down and remove the faid Fence, or cause the fame to be done, may plead not guilty, and give this Act in Evidence on the Trial; and if the Plaintiff or Plaintiffs in fuch Action shall not prove that the Fence removed, when standing was well on the bounds of his or their Lands, or their Lands for whom the Plaintiff or Plaintiffs hold the fame, and so was not any Encroachment, as aforefaid, Verdict shall be given in favour of the Defendants. In which Cafe, as in Cafe alfo of a Nonfuit, Judgment shall be rendered for double Cofts in favour of the Defendants.

An Act for regulating proceedings in Equity.

Eit enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the jame, That the feveral Courts in this. State having Jurifdiction of Suits brought for relief in Equity, fhall proceed therein according to the Rules of Equity, and the ufage of the General Affembly in fuch Cafes, and shall take Cognizance, as Courts of Equity, of fuch Matters only, wherein adequate Remedy cannot be had in the ordinary courfe of Law; and thall keep Records of their Proceedings, and have Power to enforce their Decrees by granting Execution thereon against the Eftate or Perfon, or in any other Manner proper for a Court of Equity; and no Appeal shall be alexcept, &c. lowed from any Sentence or Decree of any Court given in any Suit for relief. in Equity, except where special Provision is made by Law for that Purpose.

No appeal

When a mi

And be it further enacted by the Authority aforesaid, That when any Minor nor is inter- under the Age of twenty-one Years, fhall be interested in any mortgaged, or ested, &c. other Real Estate, which in Equity ought to be conveyed to any other

Equity, as to Depreciation.

Perfon or Perfons, and fuch Conveyance is decreed and ordered by the Court

Guardian

&c.

49

having Cognizance of the fame, the Guardian of fuch Minor is hereby au- authorized, thourized and impowered to make and execute fuch Conveyance in behalf of fuch Minor; which Conveyance, fo made, fhall be good and effectual in Law. And the faid Court fhall have Power to enjoin fuch Guardian to make the Penalty. fame, under a fuitable Penalty.

Court au

And if fuch Minor have no Guardian, at the Time of bringing fuch Suit, the faid Court is hereby authorized to appoint one; and the Guardian fo appointed, thorized to fhall have Power to do every Thing in behalf of fuch Minor, proper for his appoint a Defence in fuch Suit, and for carrying the Decree of the Court therein, into guardian.

Effe&.

An Act afcertaining the Value of Continental Bills of Credit, and of Contracts made therefor, and directing the Courts to determine according to Equity, all Suits brought thereon,

made before

B E it enacted by the Governor, Council, and Representatives, in General Court affembled, and by the Authority of the fame, That all Contracts made it Septemon or before the first Day of September, 1777, for lawful Money, or for Bills of ber, 1777, Credit of this State, or Continental Bills of Credit, fhall be deemed equal to for lawful he fame nominal Sum in Gold or Silver.

money, &c.

That all Contracts made between the first Day of September, 1777, and the and between 18th Day of March, 1780, understood or expressed to be for the common Cur- ft Septemrency of the United States, or of this State, fhall be rated in Spanish milled ber, 1777, & Dollars, or other Coins equivalent, agreeable to the following Table, which 18th March fhews the Value of one hundred Spanish milled Dollars in Continental Bills of rated. Credit, at the feveral Times therein expreffed, which is agreeable to the Scale. 3 adopted by Congress.

1780, how

before.

And be it further enacted by the Authority aforesaid, That all Contracts made on or made on or before the 18th Day of March, 1780, may be discharged by March 18th, paying the juft Value of the Currency contracted for, as afcertained by 1786, how this Act, in Gold or Silver, or in Bills of Credit of the United States at difcharge 1.

Preamble.

Actions

brought for recovery of debts con.

traced on or before Jan. 7th, 1780, where tendry has been made,-- to be determi

ned by the rules of equity.

Sup. court to take cognizance of ertors, in the

the current Exchange at the Tipe of Payment, And that the aforesaid Scale be the Rule in all Courts of Law, and in the Committee of Pay-Table, for settling the Rate of the Deprecation, în ali Contracts as aforefaid.

And whereas the Bills of Credit of thefe United States, emitted by Order of Congrets, have greatly depreciated in their Value, accafioned by some unforeseen Events taking Place. And whereas fundry Debtors have endeavoured to discharge their juft Debts by tendering a Sum in the Bills aforelitid in their depreciated State, of less Value than the value of the Sum in which they became indebted, which bas been refujed by the Creditor; by reason whereof great Disputes have arisen, and the one Party or the other liable to jufer Injuflice by a strict conftruction of the Laws of this State relative thereto :

Therefore; pursuant to a Refolve of thefe United States, paffed in Congress on the twentieth of March, 1780

Be it further enacted by the Authority aforejaid. That in all Actions brought before any of the Superior or County Courts in this State (either by original Writ, Appeal, or Writ of Error) for the recovery of any Debt due, by Bond, Note, or Book Account, contracted before or on the feventh Day of January! 1780, and where the Defendant in fuch Action has, between the first Day of September, 1777, and the 18th Day of March, 1780, made a tendry of a Sum in Continental Bills of Credit, to the Creditor or Creditors in fatisfaction of the Debt demanded, and the Creditor refufed the fame; then and in every fach ·Cafe, the Court before whom such Action may be brought, are hereby authorized to direct fuch Caufe to be beard and determined by reference thereof to indifferent Persons, to be mutually chofen by the contending Parties; and in cafe they or their Attornies thall neglect or refuse to agree upon fuch Referees, the faid Court are authorised to determine fuch Cause according to the Rules of Equity, taking all Circumstances into Confideration: Which faid Referees fo chofen as aforelaid, fhall hear and determine fuch Caufe, as to them fhall appear just and equitable, taking into Confideration all the Circumstances thereof, and make Return to the fame Court where faid Caufe shall be depending; who, unlefs fufficient Objections be offered against fuch Return, thall accept the fame, and render Judgment thereon accordingly.

An Act for regulating Trials on Writs of Error, and for limiting the Time for bringing the fame.

BE

1

E it enated by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the jame, That the Superior Court lower courts fhall have Jurifdiction of all Writs of Error, brought for reverfal of any Judgment of the County Court, or any Inferior Court, or of an Affiftant or Juftice The defend- of the Peace, in civil or criminal Caufes.

ant in error, to recover

And when on any Writ of Error that fhall be brought before the Superior Court, the Defendant in fuch Writ of Error fhall recover Judgment, that the coft, in cafe Judgment complained of is not erroneous, he fhall recover Colt against the judgment is affirm'd, oPlaintiff; but if upon fuch Trial it fhall be determined, that the Judgment therwife no complained of is erroneous, Judgment fhall be given for the reverfal of fuch coft on either erroneous Judgment, and the Plaintiff thall recover all that he hath been damnified thereby, but no Coft in that Cafe fhall be taxed for either Party.

fide.

Plaintiff in

That when any Judgment in a civil Action shall be reverfed as aforesaid, the original the Plaintiff in the original Action on which fuch erroneous Judgment ter, &c. on was given, may enter his Action in the faid Superior Court, paying the reverfal, &c. fame Fees as if he had brought it by Appeal: And the faid Court fhall

action to en