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doobie the Price or Value of the Articles fold; one Half to him that shall fue for aod prosecute the fame to effect, and the other Half to the Treasurer of this State.
And be it further enacted by the Authority aforesaid, That all the Monies raised by Excise, by Virtue of this Act, shall be, and the same are hereby Monies how pledged and secured in the first instance, for the Payment of the annual Inté- disposed of. reft of such Monies as have been, or may be procured on Loan by Order of this Alembiy.
And all Innholders or Taverners, upon taking out Licence, Mall give Bonds Innholders according to the Tenor of this Act.
to give bonds Be it further enacted by the Authority aforesaid, That the enumerated Articles Excise not to of which aa Excise of five per Cent. js lajd by this Ac shall not extend to any articles
extend to Articles wrought or manufactured in this state.
wrought in And be it further enated by the Authority aforelaid, That any Person who this state. hall sell any of the Articles by Law subject to an Excise, without Licence, Additional thall (in Addition to the Penalties incurred by this Act) pay a fine of fix
fine of 6. oa
persons whis Pounds for every such Offence, for the Use of this State : And the Collectors, il excited and Deputy Collectors of Excise within their respective Diftricts, and all other articles informing Oificers, are hereby enjoined to enquire aiter, and due Presentment without 1 make of all Breaches of this A&.
An Act for directing and regulating the levying and serving
aj embled, and by the Authority of the same, That when any Judgment Officers duty is recovered, and Execution is taken out thereon, the Sheriff or other Officer to the device's whom the Execution is directed, shall repair to the Place of the Debtor's usual abode, and Abode, if within his Precinct, and there make Demand of the Debt or Suin make dedue on such Execution, with all necessary Charges of executing the same ; and mand, &c. upon refusal or neglect of Payment of the same, the Officer shall levy the Execurion upon any of the personal or moveable Eftate of the Debtor ; except necefiary Apparel, Bedding, Tools, Arms or Implements of his Houshoid, necelsary for opholding his Life : and upon such Goods also, if they shall be presented by the Debtor.
And the Officer shall forthwith draw an Account of the particulars of the Goods or Eftate he shall fo leize and take, and set up the fame on the SignPort of the Town wherein he shall seize the same ; And the Oficer, with the Goods to be Account of the said Goods, shall set up a Declaration, that the faid Goods so polted, &c• pofted, are to be fold at the Place where pofted, at public Vendue, at the End of twenty Days after, naming the Day of the Month.
And in case the Debtor shall not within the laid twenty Days, pay the Debt, and all the Coft and Charges arisen thereơn, the Officer fhall cause a Druun to To be cold be beaten at the Sign-Poft to give Notice to Customers to come ; and shall sell after twenty the said Goods (or as many of them as shall be necessary) there, at an Out-cry days, &c. to the highet Bidders; and of the Effects thereof ihall pay the Debt and Charges due to the Creditor, and satisfy himself for his own Fees and Charges, and the Overplus (if any be) Ihall return to the Owner thereof.
That in case moveable or personal Ekate of the Debtor, fufficient to satisfy the Debt and Charges, cannot be found, and the Credicor shall not agree to accept or cake the Debtor's Lands, the Officer shall levy the Execution on the For want of
personaler Debtor's Body, and him commit to the common Gaol in the County in which
tate, to take the Execution is levied, where the Debtor Thall remain until he shall pay the land in case, Debt and Charges, with the Officer's and Prison-keeper's Fees.
Copy of exe And every Officer who fall commit any person to Prison by Virtue of cation fuffi- Distress or Execution, shall deliver a Copy of the Writ or Execution, signed by cient warrant for com
such Officer, to the Gaoler or Prison-keeper ; which Copy, so signed and delimitment,&c. vered, shall be a sufficient Warrant or Order to the Gaoler to receive such
Person or Persons, and him or them to hold in safe Custody, till delivered by
And be it further enacted by the Authority aforesaid, That all Lands and
stand charged with all the juft Debts owing by such Person as well as his Lands, &c. personal Elate, and Mall be liable to be taken 'in Execution for Satistaction subject to be of the same, where the Debtor or his Attorney shall not expose to view and taken on ex- tender to the Oficer personal Eftate fufficient to answer the Sum mentioned in where per
the Execution with all Charges. And all Executions duly served upon any such fonal elta e Houses and Lands, being, with the Return of the Officer' thereori, recorded in is not suffici- the Records of Lands in the Town wherein such Houses or Lands are situate ; ent, &c.
and also returned into the Clerk's Office of the Court out of which the fame issued, and there recorded, shall make a good Title to the Party for whom they shall be taken, his Heirs and Assigns forever.
And whensoever any Execution shall be levied upon Lands, the same shall be appraised by three indifferent Freeholders of the fame Town where such Lands
lie ; or if that Town be a Party, then of the next adjoining Town ; one whom Mode of lo• may be chosen by the Debtor and another by the Creditor ; and if they do not vying exe cutions on
agree in choofing a third, or if either Party neglect to choose, the Oficer fall land.
apply to the next Afiftant or Justice of the Peace, who by Law may judge between the Parties in civil Causes, which Authority fall appoint one or more Appraisers, as the Cafe may require, which Appraisers shall be sworn according to Law.
And it shall be the Duty of the Officer that ievies such Execution on Lands,
to cause the Execution, with his Endorsement thereon, to be entered on the To be recor. Town Records as aforesaid, before he returns the fame into the Clerk's Office ded in the of the Court out of which it issued ; and the Officer shall have two Shiltown re
lings for causing the fame to be so recorded, with additional Fees for his cords, &c.
Return in the Town Records, and the Appointment of the Appraisers, was
suing out of the Office of the Clerk of the County Courts, or Superior Courts Executions respectively, and Executions granted by Justices of the Peace, where by Law may bedio, they have Authority to grant Execution,
may by the said Jnfices and Clerks, officer in the respectively, be directed to any of the Officere proper to serve the same, in any county of the Counties in this State, in which the Person dwells, or the Etate whereon where the the fame is to be levied is, at the Time of granting the Execution : Which pe ore Officers to whom the same is directed and delivered, hall duly and faithfully state is, &c. Serve and return the same according to the Directions therein giyen: Which
being returned, hall be kept on File in the Office out of which the fame issued. 6. grein
And that all Writs of Execution shall be made returnable within fixty Days What time or to the next Court (in Case fixty Days are remaining between the Date of to be made the Execution and the next Court) at the Election of him that prays it out.
And all Executions granted by a fingle Minifter of Justice, shall be made re&c.
turnable in fixty Days. And all Conftables, as well as Sheriffs, shall have Power to execute any Writ of Execution to them directed, within their own Precincts.
0 1 2
An Act for regulating Fees. E it enacted by the Governor, Council and Representatives, in General Court fecs of the Pees of the several Officers of țhis Srare, shall be as follows, to wit,
cers in this Alltants Fees.
d. For attending the General Assembly, per Day, xine Shillings,
90 Travel per Mile out, fix Pence,
6 Alliftants. Representatives fees. For attending the General Asembly, per Day, fix Shillings,
tives. Travel per Mlle out, fix Pence,
Superior Court's Fees.
O 18 C
Sup. court, Each Default or Confeilicn twelve Shillings;
Clerk of the Superior Court's Fees, Por entering each Adion and judgment, ihre Sinellings,
3 Filing each Depofition, tbree Pences
Clerk of Latering each Judgment acknowledged, one fcriling,
fup. court. Each Execution, one Sbilling and Six-pence, For Copies, each Page, of twenty-eight Lines, ten Words
County Court's Fees.
9 Trying each A&ion, twelve Shillings,
o 60 Jury's Fees at the Superior or County Court. For trying each Action, Ibirayfox Shillings,
16 Travel out per Mile, Three-pener,
3 Jury. Clerk of the County Court's Fees. For entering each A&tion, Three-pence,
O. 3 Entering each Judgment or Continuance, one Shilling,
1 For grancing Writs, taking Bond, &c. the fame as
Clerk coun: Joftices Fees for like Services.
ty court. For Copies of every Kind, each Page of twenty-eight
6 Lines, ten Words in a Ling one Sbilling & fix-Pence,
7 Court of Probate's Fees. Granting Adminiftration, to the Judge, one Shilling and Six-pence,
1 6 of fifty Pounds or under, twa Shillings,
o 6 (Whereof to the Clerk, Nine-pence,)
Court of Receiving and Probate of every Will, and Inventory, of more
probales than fitty Pounds, thru Shillings,
3 (Whereof to the Clerk, one Shilling) Each Quietus, one Shilling,
0 (Whereot to the Clerk. Six pence.) Recording every Will, and each Inyentory of fifty Pounds, or under, two Shillings and Sixpence,.
6 For recording every Will, and each Inventory of more than fifty ? Pounds, and not exceeding one Hundred Pounds, three Shillings. So
3 And for every hundred Pound, after the firf Hundred, Three-pence. o
And for a Gopy, the same.
Adminiftration, one Shilling,
and examining the Claims of Creditors of an Insolvent
Eftate, On jbilling,
eight Lines, ten Words in a Line, One filling & fox-Ponce,
the è state to the Creditors in due Proportion, Four Shillings,
Report of Commissioners.
Aliftants and Juftices Fees.
Swimwito for Witnesītes, fix Pence, justices.
Ecering and eralfof an Action, Three frillings,
Śecretary's Fees." ;
public Concernment, each; One Shilling,
Commision for Judges of the Superior Court, Tbree shillings,
Court of Probate, One shilling and fix-pence,
One shilling and fix-pence, 6
One spilling and fix-pence,
Sheriffs and Conftables Fees.
Bail Bond, One Shilling,
Shilling lawful Money, and Three-pence per Pound for
O O O O O
Attending a Juftice's Court, on Trial of each A&tion
} 0 1 6 when obliged to attend, one Shilling and Six-pence. Each Mile Travel out, bree-pence,
O 3 Sheriff attending the General Court or Superior or County
6 Court per Day, fix Shillingi. Conftable for like Service, four Shillings,
4 Fees for Plaintiff or Defendant attending Court per Day, one
6 Plaintiff and Sbring and Six-pence. Witneiles attending any Court per Day, each wo Shillings. Travel for Wiiness per Mile, I brue -pence.
3 vitners. To the Party per Mile, Two-pence.
2 Travel. Each Jary-man for viewing Ki hways per Day, four Shillings.
Jurynen Officers attending such Jury per Day, five Shillings.
5 viewing Town Clerk's Fees.
highway. For recording a Deed, one Shilling. For Copy of a Deed, one shilling:
Town-clerk For other Copies, and recording farvey Bill, the same
Fees as the Clerk of the County Couri for Copies. For recording of Marriage, Birth or Death, Thrre-pence.
3 Attorney's Fees to be taxed in Bills of Coit. At the Superior Court, Eight fbillings.
o o At the County Court, Four billings.
Attorney. Eack Grand jury-man for attending the Superior or County
Court, pe Day, four Sbilings,
Attendance at the Superior or County Courts, and Expences, 4 0
per Day, Four Shillings, If before an Assistant of Justice, per Day, Two shillings,
State Accornies Fees,
Not exceeding the following Allowances.
before the Superior Court, on Bill found by the Grand-Jury,
'S Drawing an Indictment or Information, Six shillings,
6 0 For a Trial before the Superior Court, in a Criminal Case, on
State attor Information, or for conducting and pleading a civil Cause, 2 0 on behuif of the State, Two Younds, For prosecuting a Civil Cause,, when Judgment is given on
Confedion or Detapłt, in the Superior Court, One Pound, For a Capital Triai, Four Pounds,
4 0 In a Criminal Case, on Confeffion, before the Superior Court,
One Pourd ten Shillings, rre la Cate of nolle Prosequi entered, or a return of a Grand- Jury, not a true Bill Oni Pound,
S If an Assistant Attorney is allowed in any Trial, not Capital,
AMifting before the Superior Court, in behalf of the State, his Fee
attorney., shall be One Pound, Or if Capital, Two Pounds, So Prosecution on behalf of the State, before the County Court,
the Attorney fall be allowed, not exceeding two Thirds of the Fees allowed for the like Services in the Superior Court ; or · less, at the Discretion of the Court. County Surveyor's Fees.
County fur. For him elf and Horse, besides Expences, per Day; Six Billings, ..a 6 o ve; or.