« ZurückWeiter »
And whereas indue Influence, Bribery, and. Corruption in Election, are of per
nicious Tendency in a State: Penalty on
* Be it further chatted by, obe Aur bority aforefaid, That if any Person shall ensuch as in deavour unduly to perfuade or infuence any other Person or Persons, in giving duly influ. their Vote or Suffrage for any Member of the Legislature, by offering to any ence others Person or Persons any written Vote or Votes tor that Purpose, without being in their votes for thereto requested, such Person fo offerding, shall pay a Fine of forty Shil.
lings, for the use of the Town Treasury.
And be it furtber Enafted, That no Person or Persons Thall offer, accept, or and on such receive any Sum or Sums of Money, or other Master or Thing, by way of Gili, as accept a Fee or Reward, for giving or refusing to give any Voce or Suffrage for electing fee for giv.
any Member of the General Assembly of this Statė, nor promise, procure, or any ing or refusing to give
ways confer any Gratuicy, Reward, or Preferment for, or on account of any, any vote. Vote or Suffrage given, or to be given in any Election : And every person to
giving, offering, accepting or receiving as aforesaid, fall in every fuch Case, forfeit and pay the Sum of five Pounds; one Half to bim or thens that shall fue for and prosecute the fame to Effect, and the other Hait to the Treasury of the Town, where the Offence is cornmitted.
And any Perlon who shall be convicted a second Time of the like Offence, thull be
disfranchised. Members And that every Person who shall be elected by Means of fuch evil and unduly elec
illegal Practice as aforesaid, shall be and hereby is declared to be incapable to ted, incapa: serve as a Member in such Afrembiy ; unless such Person thail be ubie to satisfy
faid Assembly, that the same was done altogether without his Privity, and that he was not directly or indirectly concerned therein.
And be it further enacted by the Authority aforesaid, That is shall be the Whoto
Dury of every Constable and Grand-jury-man; to enquire after, and make Premake pre fentment.
sentment of all Breaches of this Act.'
An Act to enable the Governor to lay an Embargo, and for
rendering the same when laid effectual. WHEREAS the Exportation of Necessaries, and other Articles that may be wan. Preamble.
ted in Times of Scarcity, and Times of War, may reduce the Inhabitants of this State to grear Straits, and prove very prejudicial to to the public intereft.
Which to prevent ; В. E it enacted by the Governor, Council and Representatives, in Gexeral Court The govern
assembled, and by the Autbority 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 desired from Time to time, as there fhall be Occafion, embargoes. to issue out and send forth his Proclamation, thereby to prohibit and forbid the
Transportation, or carrying out of this State, either by Land of Water, any Ar. ticle or Thing that the Governor, and his Council fhall think necessary and ex pedient to prohibit for the Time set and limited, in, and by fuch Proclamation : Provided always, that such Embargo shall not extend to hinder any neceffary
Provisions from being put on Board any Ships of War, or Privateers, or Mer Provifos chant Ships, or Vessels 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 some Afiftant, or Justice of the Peace, in which AlJowance, regard is to be had to the Number of Men, and Length of the Voyage intended, nor shall the same continue in Force after the expiration of twenty Days next after the begining of the next General Assembly that fall happen after the Date of such Proclamation.
And that all Embargoes, when laid by the Governor and Council as áfotefaid, or by the General Affembly, may be rendered effectual:
Be it enaded by the Aarbority aforesaid, That.upon the publishing of a Proclamation for an Embargo regularly iaid, every Person whatsoever, and all. Matters of Ships and other Veffels, lying within this State, fall forthwith lard or stop, all and every embargoed Article or Thing; as they then have on board (uch Ships or Vefsels, or loaded in or upon any Cart, Carriage, Wag- I pon procla. gon, Pack-horse or otherwise for Transportation, or that may be driving on the matots
, "&. Foot, contrary to such Prociamation, or give a true Invoice and Accouns there all goods,dey os to some Naval Office, Adiftant or Justice of the Peace, and also become and hond gibound with two fufficient Sureries in the Treafurer of this State, in che penal ven, &c. Som of five Times the Value of fuch embargoed. Arriales or Things, which they are about transporting and carrying out as aforesaid, with a Condition to said Bond importing, tharif said embargoed Articles or Things shall be landed, or : fold in some place in this State, for the Use of the Inhabitants thereof, then the said Bood to be void, but on failure thereofs to be and remain in full Force.
And if any person or Personin, Thall refuse and negirct to conform himself cos this A&, it shall be lawful for any Afliftant or Juftice of the Peace, and they are hereby ordered in such Cale, ex Oficio, or on Complaint or Information, Duty of artisto iftee forth a Warrant to a proper Officer, to fejze and secure such embargoed tants and jar Articles of Things, 'until such person or Persons shall.conform to this Ad, and tices, ex ofli.
cio, to feize," also pay all Costs occafioned by laid Refusabor Reglect, said Costs so be taxed and allowed - by such Alftant of Justice
And be it further ennited, That if any person or Persons shall transgress this Aa, by carrying or driving out of this state any embargoed Article or Thing, contrary to said Proclamatinn, he or they fall forfeit double the Value thereof, te be recovered by Bill, Plaint, or Intormation in any Court proper tortry, the Came; one. Half to him or them who shall p:olecute the same so Effect (if Forfeiture. prosecuted by a common Informer) and the o:her Half to the public Treasury double the of this state-, but if profecuted by any public, Informing Officer, then the value, &c: whole of said Forfeiture so belong to said pubiic Treasury. And all Informing Officers are hereby directed to proiectarte all Breaches of this
An Ac to prevent Encroachments on High-Ways, and on
common drid undivided Lands.
09:duod en i bande doista B BER E it enabled by the Governor, Council and Reprefeniatives, in General Court
affembled, and by the Authority of the fame, That if any Person hath within the Space of fifteen Years, taken, or skall take any part of any High-Way, or common or undivided Land, into his Sield or Inclosure ; or erect any fence thereod, in such Manner that the said High-Way is ftraitened, and made ner. Tower than before ;: or any part of the common or undivided Land is encroach ed opon, the Select-men of the Town, wherein the Offence is committed, or 4 within 15
ments made Committee appointed by fuch Town for that Purpose, 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 such Proprietors are hereby directed and impowered to give Notice or Warning to the Person or Persons fo offending to remove or cause to be removed, such Fence or Eocroachment within such convenient Time as the faid Select-men, Committee, or Proprietors shall appoint, not exceeding one Month after such Notice. And if the Perfon of Persons warned as aforesaid, do not caufe fuch
Fence or Encroachment to be removed within the Time to limited, is hall lawful for the fald Select-men, Committec, or the said three Proprietors, co
remove the fame. Charge of removal by
And the Person who made fuch Encroachment, Mall pay to such Select-men. whom paid. Committee or Proprietors, the Charge of such Warning and throwing dowa
and removing such Lacroachment ; to be recovered by Action before any Court proper to try the fame.
And if the Person offending as aforesaid, shall commit the like Offence, by Penaley of taking in the fame, or a greater or lesser Quantity of any High-way, common Aos. for le
or undivided Land, where his Fence has been removed as aforesaid, he sball. cond of fence. incor the Penalty of forty Shillings, for every fuch Offence, as often as he hall
commit the same ; 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 Prosecutors, 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 Person prosecuted for faid Offence, shall be deemed guilty Burden of
thereof, unless he can fatisfy the Court that hath cognizance thereof, that he did. proof on the is not himself; nor hy his Order or Consent, cauley or procure said Offence to dclinquent. be committed. And it shall be lawful for Sach Selek-men, Committee, or Pro
prietors, without further Notice, to remove such Eneroachment as often as it Mall be set up, after it hath been once removed as aforesaid.
And be it further enacted by the Aut bority' aforesaid, That if thofe, or any This Aa of those Persons that mall pull down and remove such · Fence or Encroachment may be git. as aforesaid, shall be fucd in Treipals for fo doing, by any person or Persons en in evi whose Fence Ahall be fo pulled down or removed, fuch Select-meh, Committee dencé, in the or Proprietors, who shall pull down and remove the said Fence, or cause the
same to be done, may plead not guilty, and give this A& in Evidence on the Trial; and if the plaintiff or Plaintiffs in fach A&tion shall nor prove that the Fence removed, when ftanding was well on the bounds of his or their Lands, or their Lands for whom the Plaintiff or Plaintiffs hold the same, and so was
not any Encroachiment, as aforesaid, Verdiet fhall be given in favour of the Double costs.
Defendants. la which Cafe, as in Care also of a Nonfuit, Judgment shall be rendered for double Corts in favour of the Defendants.
An Ad for regulating proceedings in Equity. Courts of e.
E it enalted by the Governor, Council and Representatives, ix General Court
BE quity how to
affembled, and by the Authority of the jame, Thas the several Courts in this proceed.
State having Jurisdiction of Suits brought for relief in Equity, fhall proceed therein according to the Rules of Equity, and the usage of the General Affembly in such cases, and shall take Cognizance, as Courts of Equity, of such Matters only, wherein adequate Remedy cannot be had in the ordinary course of Law; and shall keep Records of their Proceedings, and have power to enforce their Decrees by granting Execution thereon against the Estate or Person, or in
any other Manner proper for a Court of Equity ; and no Appeal hall be al. except, &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. When a mi
And be it further enated by the Authority aforesaid, That when any Minor nor is inter- under the Age of twenty-one Years, shall be interested in any mortgaged, or ented, &c. other Real Etate, which in Equity ought to be conveyed to any other
Equity, as to Depreciation.
Perfon or Persons, and such Conveyance is decreed and ordered by the Court
Guardian having Cognizance of the same, the Guardian of such Minor is hereby ay
authorized, thourized and impowered to make and execute fuch Conveyance in behalf of
&c. luch Minor ; which Conveyance, so made, shall be good and effectual in Law.
And the said Court shall bave Power to enjoin such Guardian to make the Penalty. fame, under a suitable Penalty. And if such Minor have no Guardian, at the Time of bringing fach Suit, the
Court au. faid Court is hereby authorized to appoint one; and the Guardian fo appointed, thorized ta shall have power to do every Thing in behalf of fucb Minor, proper for his appoint a Defence in such Suit, and for carrying the Decree of the Couri therein, into guardian, Effea,
An Act ascertaining the Value of Continental Bills of Credit,
and of Contracts inade therefor, and directing the Courts to
determine according to Equity, all Suits brought thereon, B me E. it pnafted by sbe. Governor, Council
, and Reprejeniatives, in General Contracts on or before the first Day of September, 1777, for lawful Money, or for Bills of ber, 1971, Credit of this state, or Continental Bills of Credit, shall be deemed equal to for lawful Abe 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. If Septem. rency of the United States, or of chis State, shall be rated in Spanish milled ber, 1777, Dollars, or other Coins equivalent, agreeable to the following table, which 1300 March fnews the Value of one hundred Spanish milled Dollars in Continental Bills of rated. Credit, at the leveral Times therein expressed, which is agreeable to the Scale adopted by Congress.
1709 November itt,
121 October ift, 464 September ift, 1800
15th, 1908 December ist,
November ist, 2340
December it, 2597
15th, 2741 15th, 267
868 January itt, 2932
3533 May ifr 230 April ift, 1104 March ift, 3732 15th, 245 15th,
18th, 4000 June ist, 265
15th, 1172 July ift, 303
Contracts And be it further ena&rd by the Authority aforesaid, That all Contracts made on or
before made on or before the 18th Day of Marsh, 1780, may be discharged by
March 18th, paying the just Value of the Currency contracted for, as ascertained by 1980, how this Act, ia Gold or Silver, or in Bills of Credit of the United States at discharge la
the current Exchange at the Tispe 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 Deprecacion, in ali Contracts as aforesaid.
And whereas the Bills of Credit of the United States, emiited by Order of
Congrets, have greatly depreciated in their Value, accantoned to be some unforeseer ***Events taking i luce. And reas jundry Debtors have enaravoured to di,charge Preamble. bir juft Doors by tendering a $2.7 ir ibe Bills aforritid in tbeit depreciatid State,
of le's Value rbur the value of ihe Sum in which they became in.debted, wbich bas
- Be it further enacted by the Ausbority aferejaid. Thar in all Actions brought
September, 1777, and the 18th Day of March, 1730, nade a tendry of a Sum A&tions
in Continental Bills of Credit, to the Credicor or Creditors in satisfaction of brought for recovery of
the Debt demanded, and the Creditor refused the fame; then and in every such
Case, the Court before wliom such Action inay be broughe, are hereby authoriztraced on or eð to direct such Cause to be beard and determined by reference thereof to in. betere Jan.' different Persońs, to be mutually chosen by the contending Parties'; and in case 7th, isso, where tend
they or their Actornies thall negiect or refuse to agree upon luch Referees, the ry has been
faid Court are authorised to determine fuch Caulė accorcling to the Rules of made,- .to
Equity, taking ali Circumstances into Consideration : Which said Referees lo be determi- cholen as aforelaid, hall hear and determine such Caule, as to them all appear med by the juit and equitable, taking into Confideration all the Circumitances thereof, and rules of quity.
make Return to the same Court'where said Cause thall bedepending ; who, unless sufficient Oþjections be offered againit fuch Return, thali accept the same, and render Judgment thereon accordingly,
ant in error,
An A&t for reguiating Trials on Writs of Error, and for limit
ing the Time for bringing the fame. Sup. court to take cognizance of er
E it enatied by the Governor, Council and Representatives, in General Court
BA tors, in the
afsembled, and by the Authority of the same, That the Superior Court lower courts shall have Jurisdiction of all Writs of Error, brought for reversal of any Judg
ment of the County Court, or any Inferior Court, or of an Afiftant or juftice The defends of the Peace, in civil or criminal Causes.
And when on any Writ of Error that shall be brought before the Superior to recover
Court, the Defendant in such Wirit of Error shall recover Judgment, that the coft, in cafe judgment complained of is not erroneous, he shall recover Čolt against the affirm'd, o
Plaintiff ; but if upon such Trial it shall be determined, that the Judgment therwise no complained of is erroneous, Judgment hall be given for the reversal of such cost on either erroneous Judgment, and the Plaintiff hall" recover all that he hath lide.
been damnified thereby, bút no Cost in that Case shall be taxed for either
Party. Plaintiff in That when any Judgment in a civil Action shall be reversed as aforelaid, the original the Plaintiff in the original Action on which such erroneous Judgment action to enter, &c. on was given, may enter his A&ion in the said Superior Court, paying the reversal, &c. fame Fees as if he had brought it by Appeal : And the said Court Mall