Town, fhall forthwith fummon a Jury of twelve able and discreet Jury of inMen, who shall be fworn by fuch Officer to enquire of the Caufe quest. and of the Manner of fuch Perfon's Death; and fhall prefent upon Oath a true Verdict thereof, under their Hands, unto fome near Affiftant or Justice of the Peace, who fhall return the fame to the next Superior Court in the fame County. Penalty on jurors refu 2. And if any Man fummoned to ferve as a Juror to enquire as aforefaid, fhall refufe or neglect to appear and attend that Service, according to Summons, he fhall forfeit the Sum of One Dollar fing, &c. and Sixty Seven Cents for every fuch Neglect, to the Ufe of the Treasury of the Town whereto he belongs: To be levied by Warrant from any Affiftant or Juftice of the Peace before whom fuch Juror fhall be convicted of fuch Refufal or Neglect. And that no Fee or Reward fhall be allowed for any of the Services aforefaid. An A& concerning Book Debts. PAR. 1. BE it enacted by the Governor and Council, and Houfe of Book debts Reprefentatives, in General Court affembled, That all out-lawed af ter feven fuch Book Debts as are now out-standing or that fhall hereafter years, if the be made, and that fhall not within feven Years next after the debtor, &e. contracting of faid Debt, be either fued for, balanced, or account- be dead. ed for with the original Debtor, his Attorney, Agent, Affignee, or other lawful Succeffor or Subftitute, and an Account or Balance thereof affured by fpecialty given for it, or witneffed by fubfcribing the Debtor or Accomptant's Name to the Creditor's Book, or by the Subscription of two Witneffes to fuch Account, fhall not, if the original Debtor be dead, be recoverable in any Court in this State. Provided, That the Time that this State fhall have been enga Provife. ged in War, shall not be computed in faid Limitation. 2. And that in all Actions on Book Debts, that fhall be tried by a Jury, the Jury fhall well weigh and confider the Credit of Mode of evithe Parties or any other Perfons interefted, admitted by the Court dence. to take the Oaths in or out of the Court, in fuch Cafes and fuch Form, as Teftimonies in other Cafes are by Law allowed, togeth- in favour of 3. That in every Action of Debt brought on Book, wherein it Balance may fhall appear upon Trial, that the Plaintiff in the Action, is in be recovered Arrear or in Debt to the Defendant to balance Book Accounts; the defendant the Court, Affiftant or Juftice of the Peace, before whom the Trial fhall be, fhall give Judgment for the Defendant, to recover the fame of the Plaintiff, together with his juft Cofts. Provided, That no Affiftant, or Juftice of the Peace, fhall in Provife. fuch Cafe, give Judgment for the Recovery of such Balance, when the fame fhall exceed Fifteen Dollars. 136 When the defendant neg lets to appear, &c. no cofts to be allowed him in an after fuit, unlefs, &c. Limitation of Book Debts unlefs, &c. Provifo. Preamble. Book Debts. 4. And be it further enacted, That if any Defendant in Action of Debt on Book, brought against him, before any Court, Affiftant, or Juftice of Peace in this State, fhall neglect to exhibit his Account on Trial, to be adjusted as aforefaid, and fhall afterwards bring Action against the other Party, for the Recovery of any fuch Articles of Book Debt as might have been adjusted and fettled in the Trial of the former A&tion, if he recover Judgment for fuch Debt, he shall not be allowed any Coft; unless he make it appear to the Satisfaction of the Court, Affiftant, or Juftice, before whom the Trial is, that he had no Knowledge of the former Suit, before the Time of Trial, or was inevitably hindered from appearing and exhibiting his Account as aforefaid. An Act in Addition to an Act, entitled, An Act concerning Book Debts. [ENACTED IN OCTOBER 1784.] Eit enacted by the Governor and Council, and Houfe of PAR. 1. Reprefentatives, in General Court affembled, That all fuch Book Debts as are now outstanding, or that fhall hereafter be contracted, and that shall not within fix Years after the contracting fuch Debt, or within that Term of Time after the first Day of July 1785, where fuch Debts are already contracted, be either fued for, balanced, or accounted for with the original Debtor, his Attorney, Agent, or other lawful Succeffor or Subftitute, and an Account or Balance thereof, witneffed by fubfcribing the Debtor or Accountant's Name to the Creditor's Book, fuch Debt shall not be recoverable in any Court in this State. Provided nevertheless, That the Time the Debtor fhall be out of this State or the Creditor fhall be absent from the United States, or legally incapable to fue in his own Name, fhall not be compated as a Part of the Time limited by this Act. [The operation of this Act began on the firft Day of May, 1792, having been fufpended until that Time by Act of Affem. bly.] An A&t relative to Debts due to Perfons who have been and remained within the Enemy's Power or Lines during the late War. [ENACTED IN MAY 1784.1 WHEREAS divers Perfons, proper Subjects of this or other of the United States, have in the late War between Great-Britain and America, from Choice or otherwife, either removed to, or continued under the British Government, and have been inacceffible by fuch of the Citizens of faid States who are indebted to them fo as to pay or difcharge faid Debts, or the Intereft thereof: Debtors abfconding. 137 Therefore that no Injustice be done in this Refpe&t: E it enacted by the Governor and Council, and Houfe of suits commen ced by perfons who remained my, &c. PAR. 1. every Suit or Prosecution that shall or may be commenced by any Perfon or Perfons that has gone to or remained with the Enemy, with the ene against any Perfon or Perfons that has remained without the Power of the Enemy, it shall and may be lawful for the Court in which fuch Suit fhall be commenced or profecuted, and faid Court is hereby authorized on Motion of the Defendant or his Attorney, to try and determine faid Cause or Matter in Controverfy according to the Rules of Equity, or appoint three Refer- To be deterrees, at the option of the Court, to try the Matters in Controver- mined in equi fy; and the Defendant shall and hereby is allowed to plead be- ty. fore fuch Court or Referrees, any special Matter relative either to Principal or Intereft: And if it shall appear to faid Court or Referres may Referrees, that the special Matter alledged and proved by the De- be appointed. fendant, is of fuch a Nature, that in Equity and good Confcience, Abatement either from the Principal or Interest of any Sum or Sums due by fuch Defendant or Defendants ought to be made. 2. That on Report of the Referrees or finding of the Court,fuch Court is authorifed and empowered as a Court of Chancery to make fuch Order and Decree thereon, as in Juftice and Equity fuch Court fhall find equitable, both in Relation to the Debt and Coft of Suit. An Act for the Recovery of Debts, out of the Estate or Effects of abfent, or abfconding Debtors. FOR the better preventing Fraud and Deceit, fometimes defigned and practifed by ill-minded Debtors, who betruft their Goods, Eftate or 470 Effects in the Hands of others, with Intent to referve and fecure the fame Preamble. to their own Ufe, and thereby defeat their Creditors of their juft Dues ; or they not being Inhabitants within this State, conceal their Goods and Effects fo that they cannot be attached or be made liable to the Payment of their Creditors by any ordinary Procefs of Law: E it enalted by the Governor and Council, and Houfe of ors attachable PAR. I. it fhall and may be lawful for any Creditor, to caufe the Lands, Effects of abGoods or Effects of his absent or abfconding Debtors, not refiding fconding debt within this State, to be attached in whofoever Hands or Poffel- ble in the fion the fame are or may be found': And the attaching of any Part hands of athereof, fhall fecure and make the Whole that is in fuch Perfon's gent, &c. Hands liable in the Law to refpond the Judgment to be recovered upon fuch Process, and shall be subject to be taken in Execution for Satisfaction thereof, as far as the Value thereof will extend. And the Perfon in whofe Hands any fuch Lands, Goods or Effects are, fhall accordingly expofe the fame, U 138 when eftate is Debtors abfconding. 2. That where no Lands, Goods or Effects of any abfent or abfconding Debtor, in the Hands of his Attorney, Factor, Agent or Trustee fhall be expofed to View, or can be found or came at, fo as to be attached, it fhall and may be lawful for any Creditor to How fuit is to bring his Action against his abfent or abfconding Debtor, for the be inflituted, Recovery of his dues. In which Cafe the Creditor, by fome not to be come proper Officer, fhall leave an attefted Copy of his Writ, at leaft fourteen days before the Time of Trial, with fuch abfent or ab、 fconding Debtor's Attorney, Factor, Agent or Trustee, or at the Place of his or their ufual Abode; which Service fhall be a sufficient Citation for the Creditor to bring forward his Action to Trial: Unless the Debtor be an Inhabitant of this State, or hath for fome Time dwelt therein; in which Cafe a like Copy fhall be left by fuch Officer at the Dwelling-Houfe, Lodging or Place of his laft or ufual Abode. at. &c. 3. That fuch Attorney, Factor, Agent or Trustee, upon his Defire, fhall be admitted to defend his Principal in fuch Suit, through the Course of Law, according to the Nature of the Action. But if the Debtor be not in this State, and no Attorney, Factor, Agent or Trustee appear to defend in the Suit, the Court Debtors agent fhall continue the Action to the next Court, and then if need be, may defend his principal, fhall continue the fame once more to the next Court, (that fuch Attorney, &c. may have Opportunity to notify his Principal) and then without fpecial Matter alledged and allowed in Bar, or Abatement, the Action fhall come to Trial; and if Judgment be rendered for the Plaintiff, all the Goods or Effects which are in the Hands of fuch Attorney, Factor, Agent or Trustee, to the Value of fuch Judgment, (if fo much there be) fhall be liable, and fubjected to Execution granted upon fuch Judgment for, or towards the fatisfying the fame; and from the Time of ferving the Writ or Summons, as aforefaid, fhall be liable, and be fecured in Law in the Hands of, and may not otherwife be difpofed of by fuch Attorney, Factor, Agent or Truflee. When the agent, &c. is liable to pay 4. And if fuch Attorney, Factor, Agent or Trustee, after the Time of his being ferved with a Writ or Summons, as aforefaid, taken out against his Principal, (being an abfent or abfconding Debtor) fhall transfer, remit, difpofe of, or convert any of the Goods or Effects of fuch Debtor in his Hands at the Time of fuch Service within what fhall fatisfy the Judgment given as aforefaid; or that fhall not discover, expofe, or fubject the Goods or Effects of fuch Debtors in his Hands to be taken in Execution, for, and out of his own towards the fatisfying the Judgment fo far, as what in his Hands or Poffeffion will extend, fhall be liable to fatisfy the fame of his own proper Goods or Eftate, as much as if it were his own proper Debt: And a Writ of Scire Facias may be taken out from the Clerk of the Court where the Judgment was given, to be served upon fuch Attorney, Factor, Agent or Trustee, requiring him to appear before fuch Court, and to fhew Caufe, if any he have, to the contrary thereof; and upon Default of Appearance of such Attorney, Factor, Agent or Truftec, or Refufal to difclofe upon his Oath, (which Oath fuch Court is hereby authorized to admin eftate. 471 ifter) at Goods or Effects of the Debtor are, or were in his Hands or Poffeffion, then Judgment fhall be entered up against him of his own proper Goods or Eftate, as though it was his own Debt, and Execution fhall, in ufual Form of Law, be granted thereon. 5. That Debts due to any fuch abfent or abfconding Debtor, Debts liable to fhall be confidered as his Effects in the Hands of the Perfon from be taken as whom the fame are due; who fhåll be confidered as his Agent or fects of abfcon well as the efTrustee, and be obliged to account for the fame under Oath; and Recovery may be had against him in the fame Manner as for Goods or Chattles of fuch abfconding Debtor. ding debtors. Provided nevertheless, That if upon Trial, it appears that the Perfon fummoned by fuch Scire Facias, had, or hath not, any Goods or Effects of the Debtor in his Hand, nor hath any ways Provifo. remitted, transferred, difpofed of, or converted the fame after the ferving the Suit taken out againft his Principal, and ferved as aforefaid; the Party that commenced the Suit by Scire Facias, fhall pay Coft to fuch Attorney, Factor, Agent or Trustee, to be allowed and taxed by the Court in usual Form. factor, &c. 6. And be it further enacted, That the Goods or Effects of any Effects thus ta abfent or abfconding Debtor, taken as aforefaid, by Procefs and ken out of the Judgment of Law out of the Hands of his Attorney, Factor, A- hands of the gent or Trustee, by any of his Creditors, fhall fully acquit and dif- fhall difcharge charge fuch Attorney, Factor, Agent or Trustee, his Executors and him from the Adminiftrators, from all and every Action, Suit, Trial, Payment principal. and Demand whatsoever, that may be brought, commenced cr made by his Principal, his Executors or Adminiftrators, of, or for the fame. 7. And if any fuch Factor, Agent or Truftee, his Executors or And he may Adminiftrators, fhall be molefted, troubled or fued by his Princi- plead the genpal, for any Thing by him done, in Compliance with this Act, he eral iffue, and or they may plead the general Iffue, and give this Act in Evi- give this act in dence for his Juftification. An Act for the Prefervation and Increase of Deer; and for the Encouragement of keeping them in Parks, or other Inclofures. WHEREAS the killing of Deer at unfeafonable Times of the Year, is very Prejudicial to the public Good; the Flesh and Skins being then but of little Value, and their Increase greatly hindered : PAR. 1. E it enacted by the Governor and Council, and Houfe of evidence. Preamble. B Reprefentatives, in General Court affembled, That no Penalty for Perfon or Perfons, Indian or others, fhall kill any Deer within killing deer in this State, at any Time in the Months of January, February, certain seasons March, April, May, June or July, on Penalty of paying a Fine of Fourteen Dollars; one Half to any Perfon that fhall give Information thereof, and profecute the fame to Effect, and the other |