.

Deferters. Divorce. Dogs.

An A&t for taking up and fecuring Deferters, and for punishing those who fhall conceal them.

E it enacted by the Governor and Council, and Iloufe of
Reprefentatives, in General Court affembled, That

145

if any Soldier or Mariner regularly inlifted into, or taken or re- Deferters to be tained in the Service of this State, fhall defert faid Service, and be taken up, &c. found within this State, it fhall be the Duty of any and every Person that fhall have Knowledge or Information thereof, and efpecially of the Conftables and Grand-Jurors in the feveral Towns in this State, to give Notice thereof to the next Affiftant or Juftice of the Peace, who fhall by proper Warrant under his Hand, caufe fuch Deserter forthwith to be apprehended and returned to his Commander, or the Place where he was ftationed, or committed to the Gaol of the County where he shall be taken, and fend Intelligence thereof as foon as may be to his commanding Officer in fuch Way as will be attended with the leaft Expence.

2. That if any Perfon fhall harbour or conceal any fuch Defer- Penalty for ter, knowing him to be fuch, fuch Perfon fhall forfeit and pay a concealing deFine not exceeding Fifty Dollars, for the Ufe of the Treafury of ferters. this State, or be imprifoned not exceeding two Months, at the Difcretion of the County Court which fhall have Cognizance of the Offence.

B

E it enacted by the Governor and Council, and Houfe of Repre-
fentatives in General Court affembled, That no Bill of Divorce

457.

fhall be granted to any Man or Woman, lawfully married, but in In what cafes Cafe of Adultery, or fraudulent Contra&t, or wilful Defertion for bills of diverce three Years with total Nelect of Duty; or in Cafe of feven are obtainable, Years abfence of one Party not heard of: After due Enquiry is made, and the Matter certified to the Superior Court, in which Cafe the other Party may be deemed and accounted fingle and unmarried. And in that Cafe, and in all other Cafes aforementioned, a Bill of Divorce may be granted by the Superior Court to the aggrieved Party; who may then lawfully marry or be married a gain.

An Act for preventing Mischief by Dogs.

[ENACTED IN MAY 1765.]

WHEREAS much Damage has been occafioned in fundry Parts of this

484.

State by Dogs; and of late, in divers Towns in this State, they ap- Preamble,
pear to be attended with an uncommon Difeafe, indicating Madness;
by Means whereof many People have already fuftained much Damage,
and are greatly endangered and expofed to fuffer much more, unless
proper Meafures are taken to prevent the fame.

W

146

with advice of

PAR. 1.

Dowry.

E it enacted by the Governor and Council, and Houfe of

B Reprefentatives, in General Court affembled, That the

Select-men Authority and Select-men of the feveral Towns in this State, or an affiftant or the major Part of them; or the major Part of the Select-men in juftice, to grant fuch feveral Towns, with the Advice of any one Affiftant or Juforders for ref- tice of the Peace, fhall have full Power and Authority, and they training of

dogs.

form to their order.

are hereby authorized and empowered to make all neceffary Rules,
Orders and Regulations (whenever they fhall judge the Inhabitants
of the State, their Perfons or Properties fhall be in Danger) for the
confining, reftraining, killing or deftroying of Dogs belonging to,
or found within their refpective Towns, as they fhall judge reafon-
able for the effectual Security of fuch Inhabitants: The fame to
be published, and a Notification thereof fet up in Writing, in three
of the moft public Places in fuch Town wherein fuch Order shall
be made, and not lefs than One in each Society therein.

2. And be it further enacted, That when fuch Orders or Rules fhall be fo made and published as aforefaid, all Perfons fhall accorPenaltyonfuch dingly conform thereto, and obey fuch Rules or Orders, on pain as do not con- that every Perfon who fhall offend again ft, or not obey fuch Rules or Orders, fhall forfeit the Sum of Seven Dollars, one Half to him who fhall profecute the fame to Effect, and the other Half to the Treasurer of the Town where faid Offence fhall be committed: And that all fuch Dogs as fhall not be confined or reftrained within fuch Rules and Orders, made as aforefaid, may be liable to be killed and destroyed, by any Perfon or Perfons whatever: And if any fuch Perfon fhall be fued or profecuted for the fame, he may plead not guilty, and give this Act in Evidence, unless fuch Perfon commencing and profecuting any fuch Action as aforefaid, fhall prove, to the Satisfaction of fuch Court, before whom any fuch Trial may be had, that he had fully complied with fuch Orders and Rules as aforefaid.

Provife.

Provided neverthelefs, That nothing in this A&t fhall be underfood or conftrued to restrain or prevent any Perfon from killing or deftroying any Dog found mad, or fufpected to be mad; or othwife fhall be found doing Mischief, or attempting to do the fame, when alone, out of the Poffeffions of his Owner, and diftant from the Care and Command of any Perfon having the Charge of fuch Dog; any Thing in this A&t, or any other Act to the contrary notwithstanding.

An Act concerning the Dowry of Widows.

THAT there may be fuitable Provifion made for the Maintenance and comfortable Support of Widows, after the Deceafe of their Hufbands:

PAR. 1.

BE

E it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That married Woman, living with her Hufband in this State, or have a third of abfent elsewhere from him with his Confent, or through his meer

Widows to

every

band.

Default, or by inevitable Providence; or in Cafe of Divorce the real estate where the is the innocent Party, that shall not before Marriage be of their huseftated by Way of Jointure in fome Houfes, Lands, Tenements or Hereditaments for Term of Life; or with fome other Eftate in lieu thereof, fhall immediately upon, and after the Death of her Hufband, have Right, Title and Intereft by Way of Dower, in and unto one third. Part of the real Eftate of her faid deceafed Hufband, in Houfes and Lands which he ftood poffeffed of in his own Right, at the Time of his Decease, to be to her during her natural Life: The Remainder of the Eftate fhall be difpofed of according to the Will of the Deceased; and where there is no Will, according to Law.

2. And for the more easy, and fpeedy' afcertaining fuch Rights of

Dower:

It is further enacted, That upon the Death of any Man poffeffed of any real Estate, as aforefaid, which his Widow by this Act, as above expreffed hath a Right of Dower in, if the Perfon, or Perfons Widows part that by Law have a Right to inherit faid Eftate, do not within fix- to be fet out in ty Days next after the Death of such Husband, by three fufficient 60 days after Freeholders of the fame County; to be appointed by the Judge widows. they become of Probate, (in whose District the Eftate doth lie) and fworn for that Purpose, fet out, and ascertain fuch Right of Dower, that then fuch Widow may make her Complaint to the Judge of Probate in whofe Diftrict the Estate lyeth; Which Judge fhall Decree, and Order that fuch Woman's Dowry fhall be fet out, and ascertained by three fufficient Freeholders of the County: who fhall be fworn faithfully to proceed, an act therein according to their best Skill: And the faid Dowry being fet out, and afcertained in either of the Methods aforefaid, the Doings of fuch Freeholders fhall be returned to the Judge who ordered the Dower, to be let out as aforefaid; and upon Approbation thereof by the faid Judge, fuch Dower fhall remain fixed, and certain: And all Perfons concerned therein shall be concluded thereby.

3. And every Widow fo endowed, as aforefaid, fhall maintain To keep eftate all fuch Houfes, Buildings, Fences, and Inclofures as fhall be af- in repair. figned, and fet out to her for her Dowry; and fhall leave the

fame in good and fufficient Repair.

4. And if fuch Widow fhall not maintain, and keep in Repair fuch Houses, Buildings, Fences, and Inclofures affigned her as a

the dower un

forefaid, it shall be in the Power of the County Court of the County court County in which the Estate is, upon Application to them made, may take away to deliver fo much of the faid Houfes and Lands to the next Heir lefs, &c. of the fame, and for fo long a Term as in their Judgment fhall be fufficient, out of the Rents or Profits thereof, to repair fuch Defects; unless fuch Widow will give good Security for the leaving fuch Houfes, Buildings, Fences and Inclolures in fufficient Re pair.

148

Dowry. Drunkenness. Duelling.

An Act in alteration of An Act, entitled An Act concerning the Dowry of Widows.

[ENACTED IN OCTOBER 1794.]

Amgnment of BE it enacted by the Governor and Council, and Houfe of RepreDower to be fentatives, in General Court affembled, That in future the Af made by order fignment of Dower according to the Provifions of said Act, shall of the Judge of be made by Order of the Judge of Probate to whom the Probate of Probate. the Will of the deceased, or the granting of Adminiftration on his Eftate appertains. Any thing in faid Act notwithstanding.

Penalty for perfons found

drunk.

An Act for the Punishment of Drunkennefs.

Eit enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That if any Perfon fhall be found drunken, fo that he be thereby bereaved, and difabled in the Ufe of his Reason and Underftanding, appearing either in his Speech, Gefture or Behaviour; and be thereof convicted, he fhall forfeit as a Fine the Sum of One Dollar and Thirty-four Cents, to the Treasury of the Town where the Offence is committed, for the Ufe of the Poor therein: and for want of Goods whereon to make Diftrefs, the Offender or Offenders fhall be fet in the Stocks, there to remain not exceeding three Hours, nor less than one Hour.

An Act to prevent the Practice of Duelling.

[ENACTED IN MAY 1779.]

PAR. 1. Reprefentatives, in General Court affembled, That if any Perfon within this State, fhall challenge the Perfon of another, or fhall accept any fuch Challenge to fight at Sword, Piftol, Raper, or other dangerous Weapon, fuch Perfon fo challenging or accepting, fhall forfeit and pay into the Treafury of this State, for every fuch Offence, (being thereof convicted before the Superior Court, by the Teftimony of one or more credible Wit Penalty for neffes, Confeffion of the Party offending, or other fufficient Evichallenging, or dence) the Sum of Three Thoufand Dollars, and fhall also find fufficient Sureties to the Acceptance of fuch Court, for his Good-behaviour during Life; and fuch Perfon fhall also be difabled ever after, from holding any Office of Profit or Honor under this State; and if such Convict shall be unable or neglect to pay the faid Forfeiture, he or they fhall be closely imprisoned for the Term of one full Year.

B E it enacted by the Governor and Council, and Houfe of

accepting a

challenge to fight a duel.

Penalty for car rying a meffage &c.

2. Be it further enacted, That if any Perfon or Perfons fhall willingly or knowingly carry or deliver any written Challenge, or verbally deliver any Meffage, meant as, or purporting a Challenge,

Duty.

or fhall be prefent at the fighting any Duel as aforefaid, as a Second or Aid, or give Countenance thereto; he or they being convicted as aforefaid, fhall fuffer the fame Forfeitures, Pains, Penalties and Difabilities as aforefaid; faving only finding Sureties for Good-behaviour during Life, as before provided.

An Act laying a Duty in certain Cafes.

149

WHEREAS a confiderable Part of the Expence arifing annually to
this State, for the fupport of Civil Government, is incurred in the Preamble.
Executive and Judicial Departments: As an Expedient and further
Mean of providing for the fame.

PAR. I.

B

writs.

E it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That there be laid and raised for the Purpose aforefaid, the following Duties on Duties or Sums, viz. On all Writs returnable for Trial before a fingle Minifter of the Law, Seventeen Cents, to be paid at the Time of iffuing the fame, and to the Authority that fhall fign them; on all Writs returnable for Trial before any Court of Common Pleas or City Court, Thirty-four Cents, payable as aforefaid; on all Writs returnable for Trial before the Superior Court, One Dollar, payable as aforefaid; on all Writs returnable for Trial before the Supreme Court of Errors, Two Dollars, payable as aforefaid; on all Appeals from a Judgment of a fingle Minifter of the Law, Fifty Cents, payable to fuch Minifter at the Time of granting the fame; On appeals. on all Appeals from a Judgment of a Court of Common Pleas or a City Courts, One Dollar; and on all Continuances in the Courts of Common Pleas and City Court, Thirteen Cents, and in the Superior Court, Twenty-five Cents, payable to the Clerks of fuch Courts refpectively at the Time of granting the fame; and on all Petitions of an Adversary nature, to the General Affembly, Two Dollars, payable to the Authority figning the Citation, who fhall certify the fame thereon.

On continu

ances.

On petitions.

where to ac

wher. and

count.

2. And be it further enacted, That it fhall be, and it is hereby made the Duty of each and every of the Officers aforefaid, who Receivers are made Receivers of faid Duties, annually, in the Month of May, by the twentieth Day of faid Month, to render an Account to the Treasurer of this State of all Monies by them received in as aforefaid, fpecifying the Number of Writs and the Number of Appeals on which the fame has been received, and the fame after deducting Two Cents and Five Milles on the Dollar, which fhall be allowed them for their Trouble and Expence, pun&tually pay over to faid Treasurer: but all Monies which may be received by the Clerks of the feveral County Courts, for Duties on Appeals and Continuances, fhall by them be paid over to the Treasurer of the County to which they refpectively belong, to defray the ordinary Expences of the feveral Counties.

3. Be it further enacted, That the Treasurer of this State, be- Treasurer to fore the expiration of faid Month of May, annually, fhall make a make return return to the General Affembly of all faid Accounts rendered to of the names