ment in faid New-Gate Prison, and there be kept at hard Labour, imprisonment during his natural Life. during life for the firftoffence

3. And whofoever fhall be guilty of forging and making any falfe Deed, or other Writing as aforefaid, or fhall aid and affift Perfons guilty therein; fhall render and pay to the Party or Parties injured of forgery to thereby double Damages to be recovered by Action founded on damages; pay double this Statute, and fhall alfo be rendered incapable and be difena- rendered incabled to give any Evidence or Verdict, in any Court or before any pable &c. Magiftrate or Juftice of the Peace :-and whofoever fhall be guil. Horse thieves ty of Horse-Stealing in this State as aforesaid, shall alfo and pay fatisfy to the Owner of fuch Horfe or Horfes, treble the Value thereof.

to pay treble the value.

a rewad of

4. Be it further enacted, That whoever fhall make Discovery and give Information against any Person who shall have been guilty, as aforefaid, of forging or counterfeiting any Bill of Public To perfons faCredit,or Security iffued by Authority of this or any of the United forming effectStates, or any Note iffued by any incorporated Bank in the Uni- ually againft ted States; or of counselling, advifing, procuring, or affifting in counterfeiters forging or counterfeiting any fuch Bill, Security, or Note; or of uttering and putting off any fuch forged or counterfeit Bill, Security, or Note, knowing the fame to be forged or counterfeit ; or of engraving any Plate, or making any Inftrument to be used for any of the Purposes aforefaid; or of ftamping or otherwise counterfeiting any of the Coins of Gold or Silver currently paffing in this State; or of knowingly uttering and putting off any fuch counterfeit Coins; or of making any Inftrument for counterfeiting any of the Coins aforefaid; or of aiding or affifting. therein fo that the Perfon or Perfons guilty thereof be tendered to Juftice, and convicted, every fuch Informer, fhall have and receive as a Reward for his good Services, in difcovering and informing as aforefaid, the Sum of Thirty-four Dollars, to be order- 34 dollars. ed out of the public Treasury, by the Court before whom fuch Conviction is had :-and that there fhall be paid out of the State To perfons de Treasury, to the Perfon detecting and profecuting any Perfon thieves, their tecting horfe guilty of the Crime of Horfe-ftealing, to effect in any Court in cofts not exthis State, his Cofts expended in fuch Profecution not exceeding ceeding ao dis Twenty Dollars.

5. Be it further enacted, That if any male Perfon of the Age of fixteen Years or more, fhall wilfully and feloniously burn, or at tempt to burn, by fetting on Fire any Dwelling-Houfe, Barn, Perfons guilty Out-Houfe, Shop, Store, Ship or other Veffel, and no Prejudice of Arfon to be or Hazard to the Life of any Perfon happen thereby, fuch Perfon New-Gate. imprisoned in fo offending fhall at the Discretion of the Superior Court, on Conviction thereof, be imprifoned in faid New-Gate Prison and there be kept to Labour, not exceeding seven Years; and alfo fatisfy all Damages to the injured or aggrieved Party. And if fuch Ship or Veffel belong to the United States of America, or to this State, and any Mafter, Officer, Seaman, Mariner, or other Perfon, entrufted with the Navigation or Care thereof fhall burn the fame as aforefaid-such Person so offending, shall also be further

Bb

Ди

556.

186

Felonies.

punifhed by a forfeiture of all the Eftate of fuch Offender, to the Ufe of this State. And if any fuch Person of the Age of fixteen Years or more, who hath already been, or fhall be convicted hereafter of faid Offence, fhall be a fecond Time convicted of an OfSecond offence fence of the fame kind, he fhall at the Difcretion of faid Court, be imprisoned in faid Prifon and there be kept to hard Labour for any limited Period, or during his natural Life, as the circumftances of the Cafe may require.

6. Be it further enacted, That the Imprisonment directed to be Imprisonment in New-Gate Inflicted, on Perfons convicted of the Crime of Perjury, and Subinflicted forthe ornation of Perjury, in an A&t, intitled an Act for the Punishment crime of per- of Perjury, fhall be an Imprisonment in faid New-Gate Prison and jury. keeping to Labour if the Perfon fo convicted be a male Perfon. 7. Be it futher enacted, That if any Perfon fhall with Force and For the crime Arms and actual Violence, an Affault make on the Body of any Feof attempting male with an intention to commit a Rape, the Perfon fo offending, on Conviction thereof, fhall be Imprifoned and kept to Labour in faid New-Gate Prison, during his natural Life, or for fuch other Period, as the Superior Court fhall determine."

to commit a rape.

And for the

8. Be it further enacted, That whoever shall effect the Escape crime of help- of a Prifoner confined in New-Gate Prifon, or attempt the fame, fany ing a prifoner or fhall give any help, or affiftance therein, fhall upon Conviction to cicape from thereof,before the Superior or County Court, be fentenced to Imfaid prifon. prifonment in faid New-Gate Prifon, for a term not exceeding fix Years, and pay the Coft of Profecution.

Female liable to be confined

of and for

any

9. Be it further enacted, That on the Conviction of any Female of the Crimes in this Act specified, whereby the in New-Gate, Offender is liable and fubjected to Imprifonment in faid Newthall be confi- Gate Prison, there to be kept to hard Labour; fuch Female fo ofned with none fending and convicted, fhall inftead of being confined in faid but females in New-Gate Prifon, be liable and subjected to Confinement with

the common work-houfe.

When New

none but Females, in the common Work-Houfe in the County where fuch Offence is tried, there to be kept to fuch Labour as may be fuitable, and to be under the Direction of the Overfeers of faid Work-Houfe; or to Imprisonment in the common Gaol in fuch County, there to be kept to Labour as aforefaid, according to the Direction of the Court, before whom fuch Conviction is had, and for the fame Period to which fuch Offender is liable by the terms of this A&t.

10. Be it further enacted, That any Male Perfon who fhall be Gate is out of guilty and convicted of any of the aforefaid Crimes, or of any oth er Crime which may hereafter be punishable by Confinement in New-Gate Prifon, at any Time when faid Prifon may be out of Repair, may be confined in any of the Gaols, in this State, until faid Prison fhall be in a Condition to receive him.

repair, criminals to be confined in gael, until, &c.

Jurifdiction of 11. Be it further enacted, That in all the Cafes of Offences, punishSuperior and able by Confinement in New-Gate Prifon, of which the Courts of County Courts Common Pleas have cognizance, the Superior Court fhall have when concur- concurrent Jurifdi&tion.

rent.

An Act for ordering and regulating Fields and Fences.

PAR. 1.

B

Owners of com mon fields to

Eit enacted by the Governor and Council, and House of Reprefentatives, in General Court affembled, That those who are, or fhall be Proprietors or Owners of Land in any Field that now is fettled, reputed, or ufed, or hereafter shall be formed, fixed, or ftated for a Common Field, fhall and may meet together by themfelves or Agents, annually on the firft Monday in March, or on fuch other Day as they fhall appoint, at the ufual Place of the Town-Meeting in the Town where fuch meet annually Field is, or at fuch other Place as they fhall appoint, to order the Affairs of fuch Field, with Refpe&t to the fencing and improving faid Field, and all other Things neceffary for the well ordering, managing, and improvng the fame : In which Meetings the Proprietors of fuch Fields fhall have full Power, by their major Vote, to be computed by Intereft, to order all fuch Affairs as they fhall fee meet.

2. And the better to enable them to carry on and manage the Affairs of fuch Fields, They are hereby empowered to choose a Moderator, and Clerk; which Clerk fhall enter all the Afts and Votes of the faid Proprietors, relating to the Management of the faid Common Fields; and fhall be fworn to a faithful Difcharge of his Office: Whofe Fees fhall be the fame as the Town-Clerks for the like Service. And fuch Clerk being once chofen and fworn, fhall continue in his Office till another be chofen and fworn in his Room.

To choose a moderator and clerk.

3. They fhall also choose a Committee to take Care of, and manage the Affairs of their Common Field; and may also choose their Alfo a comown Fence-Viewers and Haywards out of their own Number of mittee, Proprietors, who fhall be fworn to a faithful Difeharge of the Duties belonging to their respective Offices.

Penalty for not

4. And if any Perfon or Perfons fhall refufe to ferve, being du- ferving. ly chofen, as aforefaid, he or they fhall incur the fame Penalty as is provided in Cafe of Town Officers Refufal; and to be levied. in the fame Manner.

5. And the Committee appointed for any Common Field may

call a Meeting of the Proprietors of fuch Field when they fhall Committee to judge it needful; either by giving Warning unto fuch of them call meetings. as live in the Town where fuch Field is, and to the Agents, if any be, in the fame Town of non-refident Proprietors, at least three Days before fuch Meeting, of the Time, Place, and Bufinels. of fuch Meeting; or by warning the faid Proprietors in fuch other Manner, as they in any of their lawful Meetings fhall agree

upon.

6. And the Proprietors of Common Fields, at any lawful Meeting, are hereby fully empowered to grant, and levy Taxes upon Proprietors em themselves, according to their Intereft in fuch Fields, for the de- powered to lefraying the Charges that may arife in fetting out, or altering the vy taxes. Fence in making Gates and Bridges for their Field; and for any other public or common Charge about faid Field, as they fhall judge needful; and appoint Rate-makers, and Collectors for the

188

ty court.

Fences and Fields.

making and gathering fuch Rates: Which Collectors fhall have the fame Power and Authority as Collectors of Town-Rates have; and fhall be under the fame Penalties in Cafe of Refusal to accept, and execute the faid Office.

7. And be it further enacted, That when any Number of Proprietors, or Owners of Land, in any Town, have their Lands adjoinTwo-thirds of ing, and fo fituate as that it may be commodious, and bencficial proprietors agreeing, &c. to for them to improve the faid Lands as a Common Field, if two reprefent their third Parts of fuch Proprietors, accounting their Votes according cafe to thecoun to Intereft, fhall agree to improve fuch Lands as a Common Field; they are directed to reprefent the Circumstances thereof to the County Court of that County; and notify the other Proprietors of faid Lands to appear at faid Court, to make Objections (if any they have) against said Lands being improved, as aforefaid. And on faid Proprietors obtaining the Approbation and Allowance of faid Court to improve faid Lands, as aforefaid, the Proprietors and Owners of fuch Lands are hereby fully authorized and empowered to form and improve the faid Lands as a Common Field: In which Cafe they shall have the fame Power and Privileges, and be under the fame Regulations, as thofe are which are already ftated, formed, reputed, or ufed as fuch.

fence.

8. And the better to enable Proprietors of Common Fields to fence, and manage, and regulate their Fences,

Be it further enacted, That the Committee of the Field, or a Committee to Committee to be appointed for that Purpose, are hereby empowproportion the ered and directed to appoint, and fet out the Place where, and the Proportion which each Proprietor fhall have his Fence erected; either in the Line of Fence already fitated, or in any other, or new Line to be fixed, and flated by the Proprietors: (Which they are fully empowered to do.)

9. And every Proprietor in fuch Common Field, fhall duly Proprietors to erect, (if Need be) and fhall maintain his Proportion of the faid attend the or- Common Fence, according to the Direction of fuch Committee, ders of the ma jor part, &c. upon the Penalty of incurring fuch Forfeiture as is hereafter, in Cafe of defective Fence, provided: And alfo fhall attend all Orders of the major Part of the Proprietors of fuch Common Field, for the Improvement thereof, for the common Good and Benefit. 10. And that any Perfon or Perfons, having his or their Part or May pafs over Proportion of Common Fence fet out to him or them by fuch Committee, fhall have Liberty, in order to make or repair his or their faid Part or Proportion of Common Fence, of paffing over any Perfons Lot or Land whatsoever, as much as fhall be neceffary for the Purpofe aforefaid.

others land.

when fence

11. And when it fhall fo happen that the Line of Fence, orderHow ordered ed, as aforefaid, for the enclofing any Common Field, runs, or fhall run in, or upon the Line or Bounds between the Land of meets a particular caclosure. any Perfon, making a particular Enclosure, and the Lands of the Common Field, the one Moiety of the dividing Fence at faid Place, fhall be made and maintained by the Proprietors of the Common Field, and the other Moiety by the Owner of fuch Enclofure.

Fences and Fields.

12. And where it fhall fo happen that the Common Line of Fence runs, or fhall run across the Land of any Perfon, making a particular Enclofure, leaving Part on one Side, and Part on the other Side of fuch Common Line, Confideration fhall be had in proportioning out the Fence to fuch Enclosure, of the Advantage or Difadvantage the Owner of fuch Enclosure hath by the Fence running acrofs, as aforefad: Which the Committe are to obferve

189

in proportioning out to fuch Owners their Part of the Dividend Infpected by Fence. And all fuch Fence fet out to the Owners of particular the fenceEnclofures, as aforefaid, fhall be infpected and repaired by the viewers.

Fence-Viewers as Part of the Fence of the Common Field.

13. And that neither the Proprietors of fuch Common Field, Fence not to nor the Owner of fuch Enclosure, fhall excufe themfelves by lay- be laid down ing open their Field or Enclofure, from making and maintaining without leave. their Part of fuch Dividend Fence, without Liberty fo to do, first

had and obtained from the County Court, in the fame County where fuch Fence is.

portioned...to

14. And where the Common Line of Fence enclosing any gen- When it is pro eral Field, as aforefaid, has already been, or hereafter fhall be fettled and proportioned agreeable to the Refolves and Votes of the abide. Proprietors aforefaid, it fhall fo remain until altered by fuch Proprietors.

15. And whenfocver the Proprietors of any Common Field Doings to be fhall agree by their major Vote, computed as aforefaid, to alter or entered by new lay, or run their Common Fence, the Committe to effect the their clerk. fame, fhall caufe their Doings to be entered with the Clerk of faid Field.

any

fence fet out.

16. And that the Proprietors Committee, from Time to Time, as Occafion requires, fhall have Power, and they are hereby empowered, when and fo often as any Perfon fhall purchafe Purchafers to Lands in fuch Common Field, to fet out to fuch Purchafer his have their Proportion of Fence, at the Defire and Charge of the Grantor; which Grantor shall maintain said Fence until fuch Time as he procure the fame to be done; and caule an Entry thereof to be made by the Clerk of faid Field.

fix the lift of fence to the

17. And if any Perfon having Land lying in any Common Field, fhall deceafe, and his Heirs or fucceffors refuse to make or Committee to maintain the Fence that belonged to fuch Land, the faid Committee are hereby empowered to make a juft and equal Proportion heir of the de of faid Fence, fixing the fame in the Lift of Fence to the Heirs ceased. or Succeffors of the Deceased: Which Fence fhall be accounted

to fuch Heirs or Succeffors, as it was to their Predeceffor.

18. And to prevent Difficulties that may arife by the Owner's of Fences in the Line of Common Fence, neglecting to keep up Stakes with the two firft Letters of their Name on them, to diftinguish their Parts of the Common Fence:

It is further enacted, That all Owners of Fence in the Line of Owners of Common Fence, fhall fet and keep up fuch Stakes, marked as afore- fence in the faid. And that every Perfon who fhall neglect, more than two Days, common fields after Warning given him by either of the Fence-Viewers of that ked stakes, on Field, to fet up Stakes marked as aforefaid, shall for every fuch penalty, ✩.

to fet up mar