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Provided nevertheless, That in all A&tions which may be brought of Proviso, that come before the faid Superior or County Courts in due course of Law, the parties wherein the Parties shall join life on any Matter of fact, and agree and nay agree to do put themselves on the Court for Trial of such Iue; the judges of said put the mat.
respective Courts, having Jurisdi&ion of such A&tion or Actions, may and shall ter of fact to the court to proceed to hear and try the same without a fury, and to award Damages and determine. Costs, and grant Execution thereon; any Thing before to the contrary not
And upon any further or other Breach, or neglect of Performance of any other Scire 'facias
Particular in the Condition annexed to, or indorsed on said Bond, the on the farth- Obligee, his Executors or Administrators, may take out a Scire Facias again it er breach of the Obligor, his Heirs, Executors or Administrators, from the Clerk of that a Bond, &c. Court in which Judgment was given, to lhew Cause why Execution thall not
be awarded for the Money then due, or Damages then sustained : And the Court shall proceed to make up Judgment for what shall appear in Equiry to be then due, with additional Cófts, and award Execution thereon; and so from Time to Time till all the Particulars mentioned in such Condition are performed and compleated.
And the Judges shall also determine Matters of Law, stated and referred to
them by the Jury in their special Verdicts ; which Verdias the Jury in all Special ver. Cases wherein Matters of Law are to them so obscure that they cannot clearly di&t. and safely give a positive Verdict, shall have Liberty to give a special Verdict
therein ; finding and presenting the Facts, and thereon fating and putting the Question in Law, viz. • If the Law be fo in such a Point, then we find for the Plaintiff; but if the Law be otherwise, then we find for the Defendant."
And be it further enalted by the Authority aforelaid, That the Judges of
the Court shall have Liberty, if they judge the Jury have not attended the Court im. Evidence given in, and the true issue of the Case in their Verdict, to caule power'd to them to return to a second Confideration of the Case, and fall for the return the
like Reason bave power to return them to a third Confideration, and no jury to a
more. And when the Court have committed any Cafe to the Considera third consi. deration.
tion of the Jury, the Jury shall be confined under the Custody of an Officer appointed by the Court, until they are agreed on a Verdict : And the Court may set a suitable Fine, not exceeding Twenty Shillings, upon such Officer or Juryman as shall be disorderly, or neglex, or refuse due Attendance of their Duties refpectively, during their attending the
Court. No pleas, And that when the Parties have made their Pleas in any Court and gi. &c. after ven their Evidences, and the Case is committed to the Jury, there thall be cause is com
no after Pleas, Arguments, Evidences or Testimonies, heard or received in mitted to the fuch Cafes, before the Jury have returned their Verdict into Court, and the jury.
same is recorded.
And be it further enacted*by the Authority aforesaid, that the Saperior and County Courts in this State, shall and may from Time to Time, as occasion
shall require, and as shall by them be judged reasonable and proper, New trials.
grant new Trials of Causes that shall come before them for mispleading, or discovery of new Evidence, or for other reasonable Cause appearing, according to the common and usual Rules and Methods in such
Cases. No appeal, That all Actions wherein the Matter in Demand does not exceed the unless mat. Value of Twenty Pounds lawful Money ; and all Actions brought on Bond mand ex
or Note, given for the payment of Money, or bills of Credit only, vouched éced 201.
by two Witnesses (except such Matters as by virtue of this A& may be tried
when to be
tiff is not an
by an Afiftant or Justice of the Peace) shall be heard and finally determined by the County Court.
That in any Action brought to heard and tried by any County Court, wherein the uitle of Land is in Question, or wherein the value of the Debt, Damage or matter in Dispute fhall exceed the value of Twenty Pounds, (except Appeals it be on Bond or Note vouched by two Witnesses) if either Party hall be aggrieve where to be ed by the Sentence of Judgment of such Court therein, an Appeal shall be allowed to the next Superior Court to be holden in the same County. Provided that such Appeal be entered during the Time of the sitting of the Court from
entered, &c. which the Appeal shall be made ; and fufficient Bond with Surety be given by ibe Party appealing, to prosecute fuch Appeal to Effect, and answer all Damage in case he make not his Plea good.
And all Bonds for Prosecution in Civil Causes, shall be made payable to the adverse Party: And all Appeals to the Superior Court, shall be entered how payable.
prosecution, before the second opening of such Court, and not afier ; unless the Appellant hall pay to the Appellee all his Colt in such Cale arisen to that Time, Appeals to (which ihall not be refunded however the Caufe may finally issue); which Coft he entered being taxed and paid, the Acion may be entered by the Appellant, before before the the Jury attending such Court are dismissed, and not after And if the ad opening, Appellant do not enter fuch Appeal, before the Jury are dismissed, the Ap- unless, &c. pellee may enter the same, and have the Judgment of the County Court in the Cale affirmed with the additional Cost, and Execution granted accor
If the plain dingly.
That in all Actions brought by any person who is not an Inhabitani of inhabitant of this Státe, to any Court in this State, the Clerk of such Court shall enter this state, his in the record of the Cause, the name of the Attorney by whom tuch Stzan- attorney's ger appeared; which Record, or an attested Copy thereof, shall be good name to be Evidence in Law, that such Attorney, was the lawful Attorney for laid
entered, &c. Stranger.
ringe no Con shall be allowed Bi Travel to get a Writ, or for carrying it to make the an Officer.
And be it further enazed by the Authority aforesaid. That when any Alltant or Justice of the Peace hath given Judgment in any Case, and before the when the fame is satisfied or Execution granted thereon, shall be removed by Death or affiftant or
... otherwise ; the Party in whose Favour fuch Judgment was given, may bring juttice before an Action of Debt for the recovery of the Sum due thereon, at any Time whom judg: within five Years after luch Removal ; which action may be brought before medis bar an Assistant or fuftice of the Peace, if the Debt or Damage recovered and before exedue dock not exceed Ten Pounds; and the original Record or a Copy thereof cution, tiad, attested by the Person who gave the Judgment, cr any Affiftart or Jusțice of &c. how to the Peace, shall be sufficient Evidence of such judgment in which Care proceed. Appeal shall be allowed.
That in any Action wherein Bond for Presecution is not given at the Commencement thereof, the Court, Aliftapt or Justice of the Peace before whom Pond for the same is brought, thall on Motion of the Détendant, and satisfactory Proof profecution that the Plaintiff is unabie to pay a Bill of Colt, if recovered against him, order may be re the Plaintiff to give Bond with sufficient Surety, to prosecute his Action to ef
plaintiff is fect, and pay all Damage in case he make not his Plea good, before proceeding inable to 10 Trial of the same ; and if the Plaintiff refuse or neglect to give such Securi- pay cost &c. ty, his Action shall be non-fuit.
And for preventing trivial and vexatious Suits ;
a writ, &
Adultery, Alarins. Arbitration.
Actions of (except only where the Title, or Inheritance, or Interest of Lands or trespass, &c. freehold Estate is the principal Matter in Question on the Trial of such Case) when under
if the Damage is therein found, by Verdict of a jury or otherways, to be 4os.
under Forty Shillings lawful Money, the plaintif shall recover no more Cotts than Damages ; any Law, Usage or Custom to the contrary notwithstanding
Provided nevertheless, That when the Defendant in any of the Actions a.
foresaid, shall remove luch Action by Appeal from an Affiftant or Justice of Proviso.
the Peace, to the County Court, or from the County Court to the Superior Court, the Plaintiff on his recovering final Judgment against the Defendant Mall recover his fall Costs of Suit ; any Thing in this Act to the contrary notwithstanding.
An Act against, and for the punishment of Adultery.
: assembled, and by the Authority of the fame, That whosoever shall commit Adultery how Adultery with a married Woman, and be thereof convicted before the Superior
Court, both of them fall be severely punished, by Whipping on the naked Body, and stigmatized, or burnt on the Forehead with the Letter A, on a hot Iron : And each of them shall wear a Halter about their Necks, on the outside of their Garments, during their abode in this State, so as it may be visible: And as of ten as either of them shall be found without their Halters, worn as aforesaid, they shall, upon Information and Proof of the fame, made before an Afiftant or Juftice of the Peace, be by him ordered to be whipt, not exceeding thirty Saripes.
An Act relating to Alarms.
assembled, and by the Authority of the fame, That if any Person or PerPenalty for fon's in this State, (without just and necessary Occasion so to do) hall cause causing a falfe any Alarm, by firing any Gun or Guns, or otherwise, in any Town alarm.
or Piantation in this State, at any Time between the shutting in of the Evening, and break of Day, and shall thereof be legally convicted, Mall each of them pay a Fine of Four Pounds to the public Treasurer of the Coun.
ty where such Conviction shall be made ; or suffer two Months Imprisonment. Provifo. Provided, The Delinquency be complained of, and prosecuted within fix
Months after the same is committed,
An Act for the more easy and effectually finishing of Contro
troversies by Arbitration.
E it enacted by the Governor, Council and Representatives, in General Court
assembled, and by the Authority of the fame, That all Merchants and others Controverfies desiring to end any Controversy (for which they have no other Remedy but a by arbitrators personal Action, or Suit in Equity) by Arbitration, may agree that thei: how manag. Submiffion of the Suit to the Award or Umpirage of any persons, hall be made
a Rule of any of the Superior or County Courts, which the Parties shall choose, and may insert such their Agreement in their Submission, or the Condition of the Bond, or Promise ; and on producing an Affidavit of such Agreement, and upon
reading, and filing the fame in the Court fo chosen, the same may be entered of Record in such Court, and a Rule of Court shall be thereupon made that the Parties hall submit to, and finally be concluded by such Arbitration, or Umpisage, and on the Award of such Arbitrators being returned into the Court so chosen, in Case of Disobedience of either Parties, the said Court may grant Execution to levy, and collect the Sun awarded by faid Arbitrators, with Cost.
And be it further enaded by the Authority aforesaid, That if any Merchant, Merchants, or other Person defiring to end any Controversy, as aforesaid, by Arbitrati- or others, on, shall personally appear before any Superior, or County Court, and ac- may end con.
troverhes, by knowiedge before such Court, that they have mutually agreed to refer all
arbitration their Matters of Difference, or any particular Thing to the Arbitrament of if
appearing certain Persons by them agreed on, naming the Persons so chosen, and desiring before any she same may be made a Rule of Court: the same may be entered of Record fuperior or And a Rule of Court shall be thereupon made that the Parties hall submit county coure to, and finally be concluded by such Arbitration, or Umpirage, and on the Award of such Arbitrators being returned in the Court lo chofen, in Case of Disobedience of either Party thereto, the said Court may grant Execution in due form of Law, and levy and collect the Sum, so awarded, to be paid with COA.
and be it further enabied by the Authority aforesaid, That when any person- When any al Action thall be commenced, the Parties in such action defiring to refer the personal acfame, on each Party's choosing a Man, the Court may appoint a Third, whose tion hall be Award being by faid Referees, or any ewo of them inade, and returned into
the parties fach Court, and by them accepted, shall be a final End of luch Controversy, aad the laid Court shall grant Execution thereon according to the Award of fuch Referees, with Coit.
An Act concerning Arrests and Imprisonment.
afsembled, and by the Authority of the fame, That no Man's Person shall be No Man's arrested and imprisoned for any Debt, Damage, or Fine, where sufficient means person to be of Satisfaction can otherways lawfully be found, from his Estate, to be shewn imprisoned and presented by him ; but if no such Satisfaction can be found, bis Person may in cate, Leo be arrested and imprisoned : Where he shall be kept at his own Charge, 'till Satisfaction be made ; unless the Court that hath cognizance of the Cause, Thail otherwise determine and order.
Provided never beless, That no Person or Persons for the non-payment of Rates, Fines, Debts, or for any Crime or Offence, shall be committed to Prilon, without a Mittimns granted and figned by Civil Authority ; declaring the Cause and Ground of his Commitment, requiring the Goaler, Mafter, or Keeper of the Prison to receive and keep such Person or Persons within the Prison, until discharged according to Law; Unless where any proper Of ficer for want of Efate, seize the Body or Bodies of any Person or Perfons by Execution or Distress, or Warrant for Fines or Rates, and commit him or them 10 Prison ; in which case a Copy of the Execution or Diftress, attested and figned by such Officer, and delivered to the Goaler, Mafter, or Keeper of the Prison, shall be a sufficient Warrant or Order for him to receive such Person or Persons ; and him or them to hold in safe Custody 'till delivered by Law.
Debtor ta And if no other Means can be found to pay the Debt for which such Debtor is imprisoned, the Debtor fall satisfy the fame by Service, if the fatisfy the
dent by serCreditor desire it and the Court Mall judge it reasonable ; in which case the
vice, in case, Superior or County Court shall have power to order and dilpole of such &u,
Deb:or in Service, for the Purpose aforesaid. to forse Inhabitant of this state, whether the Execution by which he is held illued from such Court or not.
Provided always, That no Coert in this Siare tali, in any Civil Cafe, aingn or dispoie of any Perfon in Service, until fuch Court is lavished by the Oath of the Parties or otherwave, that such Debtor hath nor Estate sufficient pay the Debt for which he is hoiden by Brecu:ion, except fuch Neceflaries as are by Law exempleu froin being taken by Execution ; and the Debt for which he is holden is really and bona fide due, on good Corgderation.
An Act concerning Attachments. Any etate beinz at ach BE it enaged by the Governor, Council and Representatives, in General Court ed, copy to be assembled, and by lest. or personal, is attached by virtue of a Writ of Attachment in any Civil A&ion,
the Officer who serves the same, thall leave with the person whose Eitate is to
atracned, or at the Place of his usual Abode, if within this State, a true and atIf real estate tested Copy of the Writ, and of his Keturn, describing the Estate by bien attachis taken, ea thereon. And when any real Efate is taken, the Oicer serving the Wrii, Copy to be
shall leave a true and attested Copy thereof, and a description of the Etate ta. left with the
ken, at the Town Clerk's Office, in the Town where the Eitare lies ; and un:il town clerk.
the Service is so compleated, the Efate so attached, thall not be held by fuch Alcachment, against any other Creditor or bona-fide Purchaler, unless such cure py is left in Service, within seven Days next after attaching the Efate, and before the Time limited by Law for the Service of such Writ is expired.
And be it further Enacted by the Authority aforesaid, That no Etate attachEnate at
ed, a6 aforesaid, shall be held to respond the Judgment obtained by the Plaintiff tached, not at whole Suit the same is attached, either againīt the Debtor, or any other Creto be held, ditor, unless such Judgment Creditor take out Execution on such Judgment, unless, &c.
and have the fame levied on Goods or personal Eilate, within fixcy Days after within four nionths.
final Judgment, or on real Eftate, and the fame have appraised and recorded within four Months after such Judgment obtained ; or if said Goods or Estate are incumbered by any prior Attachment, the Execution be levied as aforetard within the respective Times aforesaid, after such Incumbrance is removed.
And that when the Body of any person is attached, and for want of Bail is Execution committed to Prison, the Person so committed shall not be holden in Prilon by ko he levied virtue of such Attachment, for a longer Time than five Days after the rising of within five
the Court in which final Judgment in such Case shall be rendered : And in case days, or pria no Execution shall be taken out upon such Judgment, and levied upon the Perfoner not to be held. son of such imprisoned Debtor, within five Days as aforesaid, the keeper of the
Goal, upon his Fees being paid, may not hold such Prisoner any longer by vir-
An Act for the appointment and regulating Attornies.
For the well ordering Proceedings and Pleas at the Bar :
the respective Counties in this State, shall appoint, and they are hereby