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272

made of bad

Limitation.

Sealers of lea- Searchers, or any of them fhall judge or fufpect to be made of inther to fearch fufficient Leather; and upon any fuch Search to feize and fecure for fhoes, &c. all fuch Shoes, Boots and other Ware aforefaid, as they find, and leather, &c. judge to be made of fuch bad Leather; And if upon due Confideration and Trial thereof had and made, by four or fix honest Men, skilful in Leather, as aforefaid, the fame Shoes, Boots or other Ware fhall be judged and certified to be made of infufficient Leather, then the fame fhall by the Owner or Owners thereof be forfeited; one third thereof to the Complainer, and two thirds to the Town Treasury; Unless the Owner or Owners thereof fhall give Oath that the fame Wares were made of Leather fealed according to Law.

Penaly of 3 dols. & 34 cts.

on fealers of leather who neglect their duty.

Curriers of

leather to for

of the hides

10. And if any Searcher or Sealer of Leather fhall neglect`or refufe with convenient Speed to feal any Leather fufficiently tanned, wrought and dried, according to the true Intent and Meaning of this Act, having timely Notice thereof; or fhall feal any Leather which shall be insufficient, that then every fuch Searcher and Sealer fhall forfeit for every such Offence the Sum of Three Dollars and Thirty Four Cents, to the Ufe of the Town Treasury, and anfwer all Damages fuftained by fuch Neglect, Refufal or Mif-doing: And for his Service in Sealing, as aforesaid, shall for his Fee be allowed and paid by the Owner for each Dicker of Leather he fhall feal Twenty Five Cents; and for half a Dicker Seventeen Cents, and for a fingle Hyde Four Cents and Two Milles.

11. Be it further enacted, That no Perfon or Perfons ufing, or that fhall use the Art or Mystery of currying Leather, fhall burn or scale any Hide or Leather in currying the fame; but shall work feit the value the fame in all Refpects with good fufficient Liquor, both for which thall be Quantity and Quality, fuitable to the Condition of the Leather marred by dreffed by him or them, on Pain of forfeiting for every Offence their ill work- or A&t done contrary to the true Intent and Meaning of this A&, manship. the full Value of fuch Hide or Hides, or Skins marred by his evil Workmanship or Handling: Which fhall be judged by two or more fufficient and skilful Perfons, Curriers or others, under Oath given them for that Purpose, by any Affiftant or Juftice of the Peace.

450.

Tanned lea

tranfported,

12. And be it further enacted, That no Perfon or Perfons fhall ther not to be transport or fend away out of this State, any tanned Hides, Skins or Leather, upon Pain of forfeiting fuch Hides, Skins or Leather, or the full Value thereof, One third Part to the Complainer, who fhall profecute to effect, and the reft to the County Treafury of the County where the Offence is committed.

&c. out of this ftate.

496.

An Act for the Limitation of Profecutions in divers Cafes, civil and criminal.

PAR. 1.

B

E it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That no Perlon fhall be indicted, profecuted, informed againft, complained of, or compelled to anfwer before any Court, Afflift

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ant or Juftice of the Peace within this State, for the Breach of Complaints any penal Law, or for other Crime or Mifdemeanour, by Reason and prefentwhereof a Forfeiture belongs to any Public Treasury, unless the ments to be. Indictment, Prefentment, Information, or Complaint be made and within one exhibited within one Year after the Offence is committed.

exhibited

year.

2. And every fuch Indictment, Prefentment, Information, and Or to be void Complaint that is not made and exhibited, as aforefaid, within and of none the Time limited for the fame as aforefaid, shall be void and of effect. none Effect.

Provided always, That this A&t fhall not extend to any capital Offence; nor to any Crime that may concern Lofs of Member, or Banishment, or any Treachery against this State, nor to any pilfering and Theft, the Value whereof is above One Dollar and Sixty Seven Cents, nor fhall it hinder any Perfon aggrieved, or injured by any Wrong done to him, or his Wife, Children, Servants, or Estate, real or perfonal; but that every fuch Perfon fhall have Remedy as he might before this Act, any Thing therein. contained notwithstanding.

Provifo.

3. And be it further enacted, That no Suit, Process, `or Action shall be brought on any Bond, Bill or Note under Hand, given To bring acfor the Payment of any Sum or Sums of Money, not having any tions on bill, other Condition, Contract or Promise therein but within the or bond in 17 Space of feventeen Years next after an Action on the fame shall years, or &c. accrue. Provided nevertheless, That the Time this State has been, or may be engaged in War, fhall be expunged, and not computed in faid Time of Limitation. But from all and every Action, Suit or Process, after the Time limited as aforefaid, each and every Perfon fhall be forever debarred.

Provided nevertheless, That Perfons over Sea, or legally incapable to bring their Actions for their Debts aforementioned, may Proviso. bring the fame any Time within four Years after their coming from over Sca, or becoming legally capable to bring an Action, notwithstanding the Time limited, as aforefaid, be expired.

4. And be it further enacted, That no Action of Trefpafs, nor of Of trefpafs, the Cafe for Slander and Defamation, fhall be brought but with- &c. in three in three Years after the Facts are done, or the Caufe of Action years. doth arife.

An Act in Addition to a Law of this State, entitled, "An Act for the Limitation of Profecutions in dia "vers Cafes, Civil and Criminal."

BEit

[ENACTED IN OCTOBER 1785.]

Eit enated by the Governor and Council, and Houfe of Rep- Actions arefentatives, in General Court affembled, That no Suit or gainft theriffs, Action, either in Law or Equity, fhall hereafter be brought or &c. for negmaintained against any Sheriff, Sheriff's Deputy, Conftable, or lect, to be any other Person or Perfons whatsoever, for any Neglect or De

Na

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515.

674. 688

years after,

&c.

bro't within 2 fault of fuch Sheriff, Sheriff's Deputy, or Constable in their Of fice and Duty, but within two Years next after the Right of Action fhall accrue; and that where the Right of Action hath already accrued, no Action fhall be brought or maintained as aforesaid, but within two Years from the rifing of this Affembly; any Law, Ufage, or Cuftom to the contrary notwithstanding.

Provife.

441.

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47.5.

Towns to

choofe Lifters,

fworn.

Lifters to fet
up notifica
tions.

Provided neverthel fs, That nothing in this Act fhall extend to, or affect any Feme Covert, or Minor under the Age of Twenty-one Years, during the Time of their refpective Difabilities; but that they may bring their Actions as aforefaid, at any Time within two Years next after the Removal of fuch Disabilities; any Thing in this A&t notwithstanding.

An Act for the direction of Lifters in their Office and

Duty.

PAR. 1. BE it enabled by the Governor and Council, and Houfe of

Reprefentatives, in General Court affembled. That

the feveral Towns in this State fhall, in the Month of December, who fhall be annually, choofe fuch Number of Lifters as they fhall judge neceffary and convenient, to make up the Lift of Polls and rateable Eftates in fuch Town; who fhall take the Oath prescribed by Law. And the faid Lifters fhall give Warning to the Inhabitants of their refpective Towns, to give in the Lifts of their Polls and rateable Eftates, by posting up a Notification in Writing, figned by the Lifters in fuch Town, in the Month of July, annually, on the public Sign-Poft, and fome public Place in every Society in fuch Town; thereby giving Notice to all Perfons obliged by Law to pay Taxes, to give in their refpective Lifts, according to Law. Which Warning fo pofted up as aforefaid, fhall be fufficient Notice to fuch Perfons to give in their Lift to the Lifters.— And the Inhabitants being fo warned, fhall give in to the Lifters in Writing, a true Account of all their liftable Polls, and of all rateable Eftate, being their Property, or belonging to them, on the twentieth Day of Auguft following, at or before the tenth Day of September following; particularly mentioning therein all fuch Things as are in this A&t hereafter exprefsly valued, figned with their Names; which Accounts the faid Lifters fhall accept, adding thereto, according to their beft Judgment, a Value for all Things hereafter mentioned in this A&t to be lifted, that are not particularly valued, and make the whole into one general Lift.— And every Perfon or Perfons having any Land or real Eftate proper to be rated in any other Town than where fuch Perfon dwells, dents neglect, fhall give in to the Lifters of fuch Towns where fuch Eftate doth their eftates to lie, a true Lift thereof, in the Manner before mentioned, without be added. any Warning given by the Lifters of the Town where fuch Eftate is liable to be rated as aforefaid; or on Failure thereof the fame fhall be added by the Lifters: And in cafe the Town in which fuch Eftate lieth be unincorporated, and not taxed, then faid

Inhabitants to
give in a Lift
of what they
poffefs the
20th of Auguft
by the 10th of
September.

If non-refi

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Eftate to be given in to the Lifters of the Town where fuch Perfon dwells. And all the Lands not as yet laid within the Bounds of any Town, thofe Lands, with the Perfons and Eftates thereupon, shall be affeffed by the Rates of the next Town unto it; the Measure or Eftimation to be by the Distance of the MeetingHouses.

Lifts to be

2. That the Lifters fhall receive, make up, and tranfinit to the tranfmitted to General Affembly in October, annually, on or before the fecond the General Tuesday after the Meeting of faid Affembly, the Lifts of fuch Allembly in Towns, with a Certificate from an Affiftant or Juftice of the October annuPeace, or Town Clerk, before whom faid Lifters were fworn, that ally.

they were fworn to a faithful Discharge of their Duty, before the Penalty on firft Day of July preceeding. And that every of the aforefaid Lifters and Lifters, who fhall neglect his Duty herein, fhall forfeit and pay Towns for to the Treasurer of this State, Thirty four Dollars. And that if neglect. no fuch return of the Lift be made from any Town, or there be no fuch Certificate, fuch Town fhall be doomed, by and at the Dif eretion of the General Affembly.

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3. That the faid Lifters, after the rifing of the General Affem- Lifters to inbly in October annually, fhall, and they are hereby required, care- fpect Lifts till fully to infpect the faid Lift till the laft Day of December follow- the laft day of ing, annually, and to add Fourfold for all the rateable Eftate they December anfhall find left out of the Lift, by any particular Perfon or Perfons, nually, add four-folds, the Property whereof did belong unto fuch Perfon or Perfons, on the twentieth Day of Auguft preceding, giving Notice thereof to the Perfons fourfolded: And if any Doubt thereon fhall arise, the faid Eftate fhall be adjudged or reputed the Property of the Perfon affeffed for the fame, unless he can fhew it to have been the Property of fome other Perfon on the faid twentieth Day of Auguft; and also add to faid List fourfold for the whole rateable Estate of all fuch Perfons as have given in no Lifts at all, as a Penalty on the faid Inhabitants for their Negleft; who fhall pay Rates for the fame, according to their fourfold Affeffments. And one Half of all such Sums arifing upon fuch fourfold Additions, fhall, by the Conftable and other Collectors of Rates, that fhall be made upon fuch Lifts, be paid to the Lifters as a Reward for their Trouble, and the other Half fhall be for the Ufes for which fuch Rates are made.

4. And the Lifters fhall tranfmit the Sum Total of all the Ad- To tranfmit the fun total ditions, agreeable to the Form aforefaid, which they fhall fo make, of additions to to the General Affembly in May following, on Pain of incurring the General the fame Penalty for their Neglect thereof, as is provided in this Affembly in Act in Cafe they neglect to fend the Sum Total of the Lift to the May, General Affembly in October..

Penalty.

To lodge a

copy of Lift

5. That faid Lifters fhall, annually, fometime in the Month of January. deliver the Lift of the Polls and rateable Eftate of the Inhabitants of their Town, made out according to Law, to the with the Clerk of the Town, taking his Receipt for the fame; which Lift Town Clerk. fhall contain the Name of cach Perfon who fhall give in, or stand charged with any Lift, arranged in Alphabetical Order, (cach So

276

Penalty for neglect

to Lifters.

Lifters..

ciety by itself) with a Copy or Tranfcript of each Article, whereof his Lift is compofed, together with the Amount or Sum Total thereof annexed, upon the Penalty that every Lifter that fhalk neglect the fame, fhall pay to the Treasurer of fuch Town, the Sum of Seventeen Dollars, to be recovered by Action, Bill, Plaint or Information.

6. And fuch Lifters, in Addition to what they are already enCompenfation titled by Law to receive, fhall have out of the Treafury of the Town to which they belong, after the rate of Thirteen Cents for each Thoufand Dollars included in the Sum Total, of the Lifts of fuch Towns refpectively.

7. That when and fo often as any Perfon or Perfons are overcharged in their Lift, it shall be the Duty of the Lifters to grant Perfons over- Relief in fuch Cafes only, where the Eftate fhall appear not to

charged in their lifts to have relief.

Abatements to

be lodged with town clerks, ted to the general adembly.

to be tranfmit

have belonged to the Perfon on the twentieth of Auguft preceding, or that it was not left out through his Wilfulness or Negligence, but from fufficient Ground to conclude the Estate to have been loft or perished, and that fo foon as he was fenfible of his Duty therein, he did offer his Estate bona Fide to the Lifters, to be entered in the public Lift. But if fuch Lifters will not give juft Relief, then upon Application made by the aggrieved Party, to two or more Juftices of the Peace, and three Select-men of the Town, notifying two or more of the Lifters to fhew Reafons, if any they have, why Relief fhould not be granted to fuch aggrieved Perfon, they fhall confider the Cafe, and give fuch Relief as they fhall judge juft and reafonable; and alfo in all Cafes where any Perfon may be wrongly charged or over-charged by the Lifters in their Lift as aforefaid: Provided fuch Application be made on or before the twentieth day of April, next after fuch overcharge complained of, be made,

8. And that all Abatements, which fhall be made, fhall be lodged in the Town Clerk's Office, by the first Day of May fol lowing. And the Sum Total thereof, fhall by the Lifters in each Town, be returned (with the Additions and Fourfolds) to the General Affembly in May, annually.

9. That when the Lifters fhall make a Miftake in cafting the Lit of the Town, on Discovery thereof, they fhall certify the Mistakes in fame to the Treasurer, who is hereby authorized and directed, on caft to be certifuch Certificate, to add to, or fubftract from the Lift of fuch Town, fied by the lifters to the the Amount of fuch Mifcaft, as the Circumftances of fuch Cafe Treasurer. fhall require. And the Treasurer fhall not accept nor allow any Bills of Abatement, fave only where any Perfons fhall be found, Treaturer not according to the true Meaning of this Act, to have been really batement un- over-charged or wrong charged: Or unlefs any Perfon charged in lefs, &c. faid Lift is deceased, or fhall have abfconded and departed out of this State, before the Time limited for the Payment of fuch Rate to the Treasurer, and hath not left any Eftate whereon the fame may be levied. And in every Bill of Abatement, made in either of the Cafes aforefaid, fhall be certified the Reafon of fuch Abate

to allow of a

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