Act is directed, and the seven Perfons who fhall have the greatest counted. 5. And no Perfon fhall be a Representative as aforefaid, who fhall not have arrived to the Age of Twenty-five Years, and been Qualifications feven Years a Citizen of the United States, and who fhall not, of a reprefenwhen elected, be an Inhabitant of this State. tative. Vacancy in 6. And be it further enacted, That when any Vacancy shall happen in the Reprefentation of the People of this State in the Congrefs; the Governor, for the Time being, fhall make out Writs the reprefenof Election, under his Hand and Office, directed to either Confta- tation, how ble of the refpective Towns in this State, ordering a Choice to supplied. fill fuch Vacancy; and cause them to be conveyed to the Sheriffs of the refpective Counties, who fhall forthwith tranfmit them to the Conftables of the refpective Towns, according to their feveral Directions, who fhall thereupon warn a Meeting of the Freemen, on the Day directed in faid Writ, which Days fhall be the fame throughout this State, as in Cafe of other Meetings of the Freemen prefcribed by Law. And the fame Perfon fhall prefide in fuch Meeting as by Law is directed in other Freemen's-Meetings, and fhall call over the Names of the Perfons contained in the last Nomination of Representatives in the Congrefs in their natural Order, omitting thofe Perfons before elected, out of faid Nomination And each Freeman fhall give in his Vote for one or more Perfons, as in faid Writs directed, contained in faid Nomination, and called as aforefaid, in the fame Manner as herein is directed in voting for feven Perfons out of faid Nomination. And the Perfon prefiding, fhall proceed in Manner as in that Cafe is directed; except that he fhall within fix Days after fuch Meeting, tranfmit faid Votes to the Sheriff of the County to which he belongs,. who fhall, on or before the return Day limited in said Writs, and not afterwards, convey them to the Governor. And the Governor and Council are hereby authorized, and directed, publicly to count faid Votes, and declare the Perfons who have the greatest Number of the Votes fo returned as aforefaid to be legally chofen, and give Notice to the Perfon or Persons who fhall be fo chofen. 7. And all Perfons chofen Senators or Representatives for this Acceptance or State in the Congress, in either Manner aforefaid, fhall fignify refufal to be their Acceptance or Refufal in writing to the Governor, within fignified withtwenty Days after receiving Notice of fuch Choice, or be confid- in 20 days. ered as refufing the fame.. 8. And be it further emailed, That fo much of the Statute of this State, entitled, "An Act for Regulating the Election of Govern- Bribery. 156 bles. Embargoes. 'or, Lieutenant Governor, and Affiftants,' as relates to the preDuty of confta venton of undue Influence, Bribery and Corruption in Elections, and to the Penalty on Constables in the neglect of their Duty, be, and the fame is hereby declared to be extended to the Procecdings under this A&t. See page 1538 Preamble. Provifo, An Act to enable the Governor to lay an Embargo, and for rendering the fame when laid effectual. WHEREAS the Exportation of Neceffaries, and other Articles that may be wanted in Times of Scarcity, and Times of War, may reduce the Inhabitants of this State to great Straits, and prove very prejudicoal to the public Intereft; PAR. 1. B Which to prevent; E it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That The governor the Governor of this State, for the Time being, by and with the einpowered to Advice of the Council, is hereby fully empowered, and defired lay embargoes from Time to Time, as there shall be Occafion, to iffue out and fend forth his Proclamation, thereby to prohibit and forbid the Transportation, or carrying out of this State, either by Land or Water, any Article or Thing that the Governor, and his Council fhall think neceflary and expedient to prohibit for the Time fet and limited, in, and by fuch Proclamation: Provided always, that fuch Embargo fhall not extend to hinder any neceffary Provifions from being put on Board any Ships of War, or Privateers, or Merchant Ships, or Veffels belonging to this State, or to any of the Inhabitants thereof, or to the United States, for their neceffary Stores, Bills of which Stores always to be allowed by some Affiftant, or Juftice of the Peace, in which Allowance, regard is to be had to the Number of Men, and Length of the Voyage intended, or fhall the fame continue in Force after the Expiration of twenty Days next after the Beginning of the next General Affembly that shall happen after the Date of fuch Proclamation. Preamble. mation, &c. 2. And that all Embargoes, when laid by the Governor and Council as aforefaid, or by the General Affembly, may be rendered effectual: Be it further enacted, That upon the publishing of a Proclamation for an Embargo regularly laid, every Perfon what foever, and Upon procla- all Mafters of Ships or other Veffels, lying within this State, fhall forthwith land and ftop, all and every embargoed Article or Thing, all goods, &c. to be stopped as they then have on Board fuch Ships or Veffels, or loaded in or and bond giv- upon any Cart, Carriage, Waggon, Pack-horse or otherwise, for Tranfportation, or that may be driving on the Foot, contrary to fuch Proclamation, or give a true Invoice and Account thereof to fome Naval-Office, Affiftant or Juftice of the Peace, and also become bound with two fufficient Sureties to the Treasurer of this State, in the penal Sum of five Times the Value of fuch embargoed Articles or Things, which they are about tranfporting and carrying out as aforefaid, with a Condition to faid Bond, importing, that if faid embargoed Articles or Things fhall be landed, or en, &c. fold in fome Place in this State, for the Ufe of the Inhabitants thereof, then the faid Bond to be void, but on Failure thereof, to be and remain in full Force. 3. And if any Perlon or Perfons, fhall refuse and neglect to conform himself to this Act, it shall be lawful for any Affiftant or Duty of affiftants and juftiJuftice of the Peace, and they are hereby ordered in fuch Cafe, ces, ex officio, ex Officio, or on Complaint or Information, to iffue forth a War- to feize &c. rant to a proper Officer, to feize and fecure fuch embargoed Articles or Things, until fuch Perfon or Perfons fhall conform to this Act, and alfo pay all Cofts occafioned by faid Refusal or Neglect, faid Cofts to be taxed and allowed by fuch Affiftant or Juftice. Forfeiture of double the va 4. And be it further enacted, That if any Perfon or Persons shall tranfgrefs this A&t, by carrying or driving out of this State any embargoed Article or Thing, contrary to faid Proclamation, he or they fhall forfeit double the Value thereof, to be recovered by Bill, lue, &c. Plaint, or Information in any Court proper to try the fame; one Half to him or them who fhal! profecute the fame to Effect (if profecuted by a common Informer) and the other Half to the public Treasury of this State; but if profecuted by any public Informing Officer, then the whole of faid Forfeiture to belong to faid public Treafury. And all Informing Officers are hereby directed to profecute all Breaches of this A&t. An Act to prevent Encroachments on High-Ways, and on common and undivided Lands. PAR. 1. E it enacted by the Governor and Council, and Houfe of B Reprefentatives, in General Court affembled, That Encroach removeable, &C. if any Person hath within the Space of fifteen Years, taken, or ments made fhall take any Part of any High-Way, or common or undivided within 15 Land, into his Field or Inclofure; or erect any Fence thereon, years, how in luch Manner that the faid High-Way is ftraitened, and made narrower than before; or any Part of the common or undivided Land is encroached upon, the Select-men of the Town wherein the Offence is committed, or a Committee appointed by fuch Town for that Purpose, or a committee appointed for that End by the Proprietors of the common or undivided Land encroached upon, (which Committees fuch Town and Proprietors are enabled to appoint) or any Three of fuch Proprietors are hereby directed and empowered to give Notice or Warning to the Perfon or Perfons fo offending, to remove or cause to be removed, fuch Fence or Encroachment within fuch convenient Tine as the faid Selectmen, Committee, or Proprietors fhall appoint, not excceding one Month after fuch Notice. 2. And if the Perfon or Perfons warned as aforesaid, do not caufe fuch Fence or Encroachment to be removed within the Time fo limited, it fhall be lawful for the faid Select-men, Committee, or the faid three Proprietors to remove the fame. Charge of re 3. And the Perfon who made fuch Encroachment, fhall pay to moval by fuch Select-men, Committee or Proprietors, the Charge of fuch whom paid. Warning, and throwing down and removing fuch Encroach 158 Penalty of 7 dols. for fecond offence. Burden of proof on delinquent. Equity. ment; to be recovered by Action before any Court proper the fame. to try 4. And if the Perfon offending as aforefaid, fhall commit the like Offence, by taking in the fame, or a greater or leffer Quantity of any High-way, Common or undivided Land, where his Fence has been removed as aforefaid, he fhall incur the Penalty of Seven Dollars for every fuch Offence, as often as he fhall commit the fame; to be recovered by Bill, Plaint, Action or Information by the Perfon who gave the Warning, and caused the faid Fence or Encroachment to be removed; one Half of the Penalty to be to the Profecutors, with Coft of Profecution, and the other Half to the County Treasury of the County in which the Offence is committed. In which Trials no Appeal fhall be allowed. 5. And that every Perfon profecuted for faid Offence, fhall be deemed guilty thereof, unless he can fatisfy the Court that hath the Cognizance thereof, that he did it not himself; nor by his Order or Confent, caufe, or procure faid offence to be committed. And it fhall be lawful for fuch Select-men, Committee, or Proprietors, without further Notice, to remove fuch Encroachment as often as it fhall be fet up, after it hath been once removed as aforefaid.. 6. And be it further enacted, That if thofe, or any of those Perfons that fhall pull down and remove fuch Fence or Encroachment as aforesaid, shall be sued in Trefpafs for fo doing, by any Perfon or Perfons whofe Fence fhall be fo pulled down or removed, fuch Select-men, Committee or Proprietors, who fhall pull down and remove the faid Fence, or cause the fame to be done, may plead not guilty, and give this A&t in Evidence on the Trial; and if the Plaintiff or Plaintiffs in fuch Action fhall not prove that the Fence removed, when standing was well on the Bounds of his or their Lands, or their Lands for whom the Plaintiff or Plaintiffs hold the fame, and fo was not any Encroachment, as aforefaid, Verdict fhall be given in Favour of the Defendants. In which Cafe, as in Cafe alfo of a Nonfuit, Judgment fhall be rendered for double Cofts in Favour of the Defendants. This atmay be given in evidence, in the general iffue. Double cofts. 576 Courts of e An Act for regulating Proceedings in Equity.. PAR. 1. E it enacted by the Governor and Council, and House of Reprefentatives, in General Court affembled, That the feveral Courts in this State having Jurifdiction of Suits quity how to brought for Relief in Equity, fhall proceed therein according to proceed, the Rules of Equity, and the Ufage of the General Affemby in fuch Cafes, and fhall take Cognizance, as Courts of Equity, of fuch Matters only, wherein adequate Remedy cannot be had in the ordinary Course of Law; and fhall keep Records of their Proceedings, and have Power to enforce their Decrees by granting Execution thereon against the Estate or Perfon, or in any other Manner proper for a Court of Equity: and no Appeal fhall be Equity, as to Depreciation. 159 allowed from any Sentence or Decree of any Court given in any No appeal Suit for Relief in Equity, except where fpecial Provifion is made except, &c. by Law for that Purpose. When a Mi nor is interest 2. And be it further enacted, That when any Minor under the Age of twenty-one Years fhall be interested in any mortgaged, or other real Estate, which in Equity ought to be conveyed to any ed, &c. other Person or Perfons, and fuch Conveyance is decreed and ordered by the Court having Cognizance of the fame, the Guardian Guardian auof such Minor is hereby authorized and empowered to make and execute fuch Conveyance in Behalf of such Minor; which Conveyance fo made fhall be good and effectual in Law. And the faid Court fhall have Power to enjoin fuch Guardian to make the fame, under a fuitable Penalty. thorized, &c. Court may enjoin. Court autho rized to ap point a Guar 3. And if fuch Minor have no Guardian, at the Time of bringing fuch Suit, the faid Court is hereby authorized to appoint one; and the Guardian fo appointed, fhall have Power to do every Thing in Behalf of fuch Minor, proper for his Defence in dian. fuch Suit; and for carrying the Decree of the Court therein, into Effect. rect the ta 4. And be it further enacted, That the Superior Court of this State be, and they are hereby authorized as a Court of Equity, on Superior Petition brought before them, to authorize and direct the taking of Court may diDepofitions to perpetuate the evidence of Facts, where no Suit is king of depodepending agreeably to the Rules and Ufages in Chancery pro- fitions to perceedings; which Depofitions fo taken fhall be available in any petuate teftiCourt of Law or Equity in this State, in the fame Manner as mony. Depofitions taken during the pendency of a Suit. An Act ascertaining the Value of Continental Bills of Credit, and of Contracts made therefor, and directing the Courts to determine according to Equity, all Suits brought thereon. [ENACTED IN OCTOBER 1780.] PAR. 1. B Representatives, in General Court affembled, That all made before E it enacted by the Governor and Council, and Houfe of Contracts Contracts made on or before the first day of September, 1777, for ift September lawful Money, or for Bills of Credit of this State, or Continental 1777, for lawBills of Credit, fhall be deemed equal to the fame nominal Sum ful money &c. in Gold or Silver. 2. That all Contracts made between the first Day of September, 1777, and the 18th Day of March, 1780, understood or expreffed And between to be for the common Currency of the United States, or of this ift September State, fhall be rated in Spanish milled Dollars, or other Coins March 1780, equivalent, agreeable to the following Table, which fhews the how rated. Value of one hundred Spanish milled Dollars in Continental 1777, & 18th |