double the Price or Value of the Articles fold; one Half to him that shall fue for and profecute the fame to effect, and the other Half to the Treasurer of

this State.

And be it further enacted by the Authority aforefaid, That all the Monies

raised by Excife, by Virtue of this Act, fhall be, and the fame are hereby Monies how pledged and fecured in the first Inftance, for the Payment of the annual Inte- difposed of. reft of fuch Monies as have been, or may be procured on Loan by Order of

this Affembly.

And all Innholders or Taverners, upon taking out Licence, fhall 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 Excife not to of which an Excife of five per Cent. is laid by this Act shall not extend to any articles Articles wrought or manufactured in this State.

extend to

fine of 61. on

wrought in And be it further enacted by the Authority aforelaid, That any Perfon who this flate. hall fell any of the Articles by Law fubject to an Excife, without Licence, Additional fhall (in Addition to the Penalties incurred by this Act) pay a Fine of fix perfons who Pounds for every fuch Offence, for the Ufe of this State: And the Collectors, feil excifed and Deputy Collectors of Excife within their refpective Districts, and all other articles informing Officers, are hereby enjoined to enquire after, and due Prefentment without li make of all Breaches of this Act.

cence.

An Act for directing and regulating the levying and serving

Executions.

E it enacted by the Governor, Council and Representatives, in General Court

Officers duty to repair to the debtor's

abode, and

is recovered, and Execution is taken out thereon, the Sheriff or other Officer to whom the Execution is directed, shall repair to the Place of the Debtor's ufual Abode, if within his Precinct, and there make Demand of the Debt or Sun make dedue on fuch Execution, with all neceffary Charges of executing the fame; and mand, &c. upon refusal or neglect of Payment of the fame, the Officer fhall levy the Execution upon any of the perfonal or moveable Estate of the Debtor; except neceffary Apparel, Bedding, Tools, Arms or Implements of his Houfhold, neceffary for upholding his Life: and upon fuch Goods alfo; if they shall be prefented by the Debtor.

And the Officer fhall forthwith draw an Account of the particulars of the Goods or Eftate he fhall fo feize and take, and fet up the fame on the Sign

Post of the Town wherein he shall feize the fame; And the Officer, with the Goods to be Account of the faid Goods, fhall fet up a Declaration, that the faid Goods fo pofted, &c. posted, 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 cafe the Debtor fhall not within the faid twenty Days, pay the Debt,

and all the Coft and Charges arifen thereon, the Officer fhall caufe a Drum to To be fold be beaten at the Sign-Poft to give Notice to Cuftomers to come; and fhall fell after twenty the faid Goods (or as many of them as shall be neceffary) there, at an Out-cry days, &c. to the highest Bidders; and of the Effects thereof fhall pay the Debt and Charges due to the Creditor, and fatisfy himself for his own Fees and Charges, and the Overplus (if any be) shall return to the Owner thereof.

That in cafe moveable or perfonal Estate of the Debtor, fufficient to fatisfy the Debt and Charges, cannot be found, and the Creditor fhall not agree to accept or take the Debtor's Lands, the Officer fhall levy the Execution on the For want of perfonal ef Debtor's Body, and him commit to the common Gaol in the County in which the Execution is levied, where the Debtor fhall remain until he fhall pay the land in cafe, Debt and Charges, with the Officer's and Prifon-keeper's Fees.

tate, to take

&C.

62

Copy of exe

cient war

Executions.

And every Officer who fhall commit any Perfon to Prifon by Virtue of cution fuffi- Diftrefs or Execution, fhall deliver a Copy of the Writ or Execution, figned by fuch Officer, to the Gaoler or Prifon-keeper; which Copy, fo figned and delimitment, &c. vered, fhall be a fufficient Warrant or Order to the Gaoler to receive fuch Perion or Perfons, and him or them to hold in safe Cuttody, till delivered by Law. ;

rant for com

And be it further enacted by the Authority aforefaid, That all Lands and Tenements belonging to any Perfon in his own proper Right in Fee, fhail ftand charged with all the juft Debts owing by fuch Perfon as well as his Lands, &c. perfonal Eflate, and shall be liab'e to be taken in Execution for Satisfaction fubject to be of the fame, where the Debtor or his Attorney fhall not expofe to view and taken on ex- tender to the Officer perfonal Eftate fufficient to answer the Sum mentioned in the Execution with all Charges. And all Executions duly ferved upon any fuch Houfes and Lands, being, with the Return of the Officer thereon, recorded in is not fuffici- the Records of Lands in the Town wherein fuch Houfes or Lands are fituate; ent, &c. and alfo returned into the Clerk's Office of the Court out of which the fame iffued, and there recorded, fhall make a good Title to the Party for whom they fhall be taken, his Heirs and Affigns forever.

ecution where perfonal esta e

And whenfoever any Execution fhail be levied upon Lands, the fame fhall be appraised by three indifferent Freeholders of the fame Town where fuch Lands lie; or if that Town be a Party, then of the next adjoining Town; one whom Mode of le may be chofen by the Debtor and another by the Creditor; and if they do not agree in choofing a third, or if either Party neglect to choofe, the Officer fhall apply to the next Affiftant or Justice of the Peace, who by Law may judge between the Parties in civil Caufes, which Authority fhall appoint one or more Appraisers, as the Cafe may require, which Appraifers fhall be fworn according to Law.

vying exe. cutions on land.

And it fhall be the Duty of the Officer that levies fuch Execution on Lands, to cause the Execution, with his Endorsement thereon, to be entered on the To be recor- Town Records as aforefaid, before he returns the fame into the Clerk's Office of the Court out of which it iffued; and the Officer fhall have two Shillings for caufing the fame to be fo recorded, with additional Fees for his Travel.

ded in the town re

cords, &c.

Executions

may be di

[So much of the laft recited Paragraph as refpects recording the Execution and Return in the Town Records, and the Appointment of the Appraisers, was enacted in October, One Thoufand feven Hundred and Sixty-fix.] And be it further enacted by the Authority aforefaid, That all Executions if fuing out of the Office of the Clerk of the County Courts, or Superior Courts respectively, and Executions granted by Juftices of the Peace, where by Law they have Authority to grant Execution, may by the said Jnftices and Clerks, officer in the refpectively, be directed to any of the Officers proper to ferve the fame, in any of the Counties in this State, in which the Perfon dwells, or the Eftate whereon the fame is to be levied is, at the Time of granting the Execution: Which perfon or e- Officers to whom the fame is directed and delivered, fhall duly and faithfully state is, &c. ferve and return the fame according to the Directions therein given; Which being returned, shall be kept on File in the Office out of which the fame iffued.

rected to any

county where the

་་་

And that all Writs of Execution fhall be made returnable within fixty Days or to the next Court (in Cafe fixty Days are remaining between the Date of the Execution and the next Court) at the Election of him that prays it out. And all Executions granted by a fingle Minister of Justice, shall be made returnable in fixty Days. And all Conftables, as well as Sheriffs, fhall have Power to execute any Writ of Execution to them directed, within their own Precincts.

An Act for regulating Fees.

E it enacted by the Governor, Council and Representatives, in General Court Fees of the

Fees of the feveral Officers of this State, fhall be as follows, to wit,

Alliftants Fees..

For attending the General Affembly, per Day, nine Shillings,

Travel per Mile out, fix Pence,

Reprefentatives Fees.

For attending the General Affembly, per Day, fix Shillings,
Travel per Mlle out, fix Pence,

Superior Court's Fees.
Chief Judge, per Dav, eighteen fillings,
Affiftant Judges, per Day, feventeen Shillings,
For trying each Action, twenty-four Shillings,
Each Default or Confellion twelve Shillings,

Clerk of the Superior Court's Fees.
For entering each Action and Judgment, three Shillings,.
Filing each Depofition, three Pence,

Entering each Judgment acknowledged, one filling,

Each Execution, one Shilling and Six-pence,

For Copies, each Page, of twenty-eight Lines, ten Words

in a Line one Shilling and Six-pence,

3

County Court's Fees.

Chief Judge per Day, twelve Shillings,

Each Juftice of the Quorum, per Day, nine Shillings,

Trying each Action, twelve Shillings,

cers in this State.

Affiftants.

Reprefentatives.

60

0 12

Each Judgment, Default, or Confeffion, three Shillings & Six-pence, o

Licence to each Tavern-keeper, fix-Shillings,

(Whereof to the Clerk, one Shilling,),

Licence to each Tanner, fix Shillings,

Jury's Fees at the Superior or County Court.

For trying each Action, thirty fix Shillings,
Travel out per Mile, Three-pence,

Clerk of the County Court's Fees."
For entering each Action, Three-pence,
Entering each Judgment or Continuance, one Shilling,
For granting Writs, taking Bond, &c. the fame as
Juftices Fees for like Services.

For Copies of every Kind, each Page of twenty-eight
Lines, ten Words in a Line one Shilling & fix-Pence,

Granting Adminiftration, to the Judge, ons Shilling and Six-pence,
Receiving and Probate of every Will, & Inventory

of fifty Pounds or under, to Shillings,

(Whereof to the Clerk, Nine-pence,)

}

Receiving and Probate of every Will, and Inventory, of more

than fitty Pounds, three Shillings,

(Whereof to the Clerk, one Shilling.)

Each Quietus, one Shilling,

(Whereof to the Clerk. Six pence.)

Recording every Will, and each Inventory of fifty Pounds,

or under, tave Shillings and Sixpence,

6

Sup, court,

Clerk of

fup. court.

County

court.

For recording every Will, and each Inventory of more than fiftyl
Pounds, and not exceeding one Hundred Pounds, three Shillings. So
And for every hundred Pound, after the firft Hundred, Three-pence. O
Ꮮ

2

3

6

03

Clerk county court.

Court of probates.

64

Juftices.

And for a Gopy, the fame.

Fees.

Each Bond for Administrator, and each Letter of
Adminiftration, one Shilling,

}

о

For making out and registering a Commiffion for receiving
and examining the Claims of Creditors of an Infolvent
Eftate, One billing,

Registering the Report of Commiffioners, per Page of twenty-
eight Lines, ten Words in a Line, One fhilling & fix-Ponce, S
Making and entering an Order on the Adminiftrator to pay out
the Eitate to the Creditors in due Proportion, Four-Shillings,
Recording a Diflribution, the fame as for regiftering the
Report of Commiflioners.

Allowing Accounts for fettling and dividing Inteftate
Eftates, One filing and fix-pence,

Appointing Guardian and taking Bond, Twe fillings,
(Whereof to the Clerk, One Shilling.) ·

Secretary. 4.

Order to fell Land, Three fillings,

Affiftants and Juftices Fees:

Signing an Attachment or Summons for Action, fix Pence,

Taking every Bond of Recognizance, fix Pence,

Summons for Withefles, fix Pencë,

Entering and trial of an Action, Three fillings,

Execution, One billing,

}

Judgment on Confeflion or Default, One filling, and fix-Pence,

Warrant in a Criminal Cafe, One Jhitling,

Bond for Appeal, fix Pence,

Copies the fame Fees as Clerks of Courts.

Affidavit taken out of Court, fix Pince,

Entering a Pita of Title, and taking Bond Three billings,

Taking Acknowledgement of a Deed, &c. fix Pente,

Secretary's Fees.

Recording Laws and Orders of the General Affembly, of
public Concernment, each; One filling,

Affixing the State Seal, each Time, One filling,

Each Military Commiffion, Ore filling,

}

Each Commiffion for Juftices in a County, Five fillings,
Commiflion for Judges of the Superior Court, Three fhillings,
Each Commiffion for a Judge of the County Court, or
Court of Probate, One billing and fix-pence,
Each Petition or Memorial to the General Affembly,
One fhilling and fix-pence,

For the Use of the State, on each Petition, Twenty Shillings,
For Copy of each Order of the General Affembly, on a
Petition or Memorial, not exceeding one Folio Page,
One filling and fix-pence,

For Copies of greater Length, and all other Copies,
the fame as the Clerk of the Superior Court.
Sheriffs and Conftables Fees.

Serving every Summons, Four-pence,

Sheriffs and If by Copy, Six-pence,

Conftables. Serving every Attachment, fix-fence,
Bail Bond, One filling,

}

Levying every Execution not exceeding one Pound, one
Shilling lawful Money, and Three-pence per Pound for
every Pound above that Sum, in the fame Currency
of the Execution, or Equivalent in lawful Money.

Attending a Juftice's Court, on Trial of each Action when obliged to attend, one Shilling and Six-pence. Each Mile Travel out, Three-pence,

}

Sheriff attending the General Court or Superior or County
Court per Day, fix Shillings.

Conftable for like Service, four Shillings.

Fees for Plaintiff or Defendant attending Court per Day, one
Shilling and Six-pence.

Witneffes attending any Court per Day, each two Shillings.
Travel for Witnefs per Mile, 7 bree pence.

To the Party per Mile, Two-pence.

Each Jury-man for viewing Hi hways per Day, four Shillings.
Officers attending fuch Jury per Day, five Shillings.

Town Clerk's Fees.

For recording a Deed, one Shilling.

For Copy of a Deed, one filling.

For other Copies, and recording furvey Bill, the fame
Fees as the Clerk of the County Court for Copies.
For recording of Marriage, Birth or Death, Three-pence.
Attorney's Fees to be taxed in Bills of Coft.

At the Superior Court, Eight billings.

At the County Court, Four billings.

Each Grand jury-man for attending the Superior or County
Court, per Day, four Shillings,

Travel per Mile out, four Pence,

Each Witnefs in Criminal Cafes, at the Suit of the State, for Attendance at the Superior or County Courts, and Expences, per Day, Four fhillings,

If before an Affiftant or Juftice, per Day, Two shillings,

State Attornies Fees,

Not exceeding the following Allowances.
For conducting and pleading each Criminal Cafe, not Capital,
before the Superior Court, on Bill found by the Grand-Jury,
Tavo Pound ten Shillings,

Drawing as Indictment or Information, Six fhillings,
For a Trial before the Superior Court, in a Criminal Cafe, on
Information, or for conducting and pleading a civil Cause,
on behalf of the State, Two rounds,

For profecuting a Civil Caufe,, when Judgment is given on
Confeffion or Defapit, in the Superior Court, One Pound,
For a Capital Trial, Four Pounds,

In a Criminal Cafe, on Confeffion, before the Superior Court,
One Pound ten Shillings,› ‹

In Case of nalle Profequi entered, or a return of a Grand-Jury,

not a true Bill One Pound,

If an Affistant Attorney is allowed in any Trial, not Capital, before the Superior Court, in behalf of the State, his Fee fhall be One Pound,

Or if Capital, Two Pounds,

}

ང་

In Profecution on behalf of the State, before the County Court, the Attorney fhall be allowed, not exceeding two Thirds of the Fees allowed for the like Services in the Superior Court; or ⚫lefs, at the Discretion of the Court.

County Surveyor's Fees..

2

highway.

Town-clerk.

Attorney.

6 0

State attorO ney.

O

Affisting attorney.

For himself and Horfe, befides Expences, per Day; Six fillings, a 6

County fur

O veyor.