282 Preamble. Itinerant traders affeffed. Freamble. Authors of book have the Penalty fer publishing, &c. without the proprie. ter's confent, Literature. 18. Whereas fundry Perfons have from Time to Time, after the twentieth of Auguft, come into this State for the Purpofe of vending their Goods, Wares and Merchandize, and to avoid the Payment of Taxes have, before the Time of giving in Lifts, removed out of this State, whereby they have reaped all the Profits of Trade, without contributing any Thing to the public Burthens of this State. Be it further enacted, That the Lifters in the feveral Towns in this State, together with two Juftices of the Peace, and two Select-men be, and they are hereby authorized and empowered to affefs any fuch Trader or Merchant who hath come into any fuch Town fince the twentieth Day of Auguft laft, and refided one Month therein, and hath not given a.Lift in any Town in this State, in fuch Sum as they fhall judge juft and reafonable, according to their Gains, as in Cafe of other Traders, and from Month to Month, and at the Expiration of every Month until their giving in a List in the ufual Manner, may affefs fuch Person or Perfons as are already in this State, or fhall hereafter come into this State and carry on any Trade or Merchandize as aforesaid, in such Sum as they fhall think juft and reasonable, according to their Gains as aforefaid; and faid Juftices are forthwith to iffue out their Warrants for collecting fuch Affeffment, directed to the Collector of fuch Town, who is hereby empowered and directed to collect and pay the fame into the Town Treafury where fuch' Affeffment fhall be made, for the Use and Benefit of fuch Town. An Act for the Encouragement of Literature and [ENACTED IN JANUARY 1783.] WHEREAS it is perfectly agreeable to the Principles of natural Equity and Justice, that every Author fhould be fecured in receiving the Profits that may arife from the Sale of his Works, and fuch Security may encourage Men of Learning and Genius to publish their Writings; which may do Honour to their Country, and Service to Mankind. B PAR. 1. Literature. the Confent of the Proprietor thereof in Writing, figned in the Prefence of two credible Witneffes, every fuch Perfon or Perfons fhall forfeit and pay to the Proprietor of fuch Book, Pamphlet, Map or Chart double the Value of all the Copies thereof, so print ed, imported, diftributed, vended, or expofed for Sale; to be recovered by fuch Proprietor in any Court of Law in this State, proper to try the fame. Provided nevertheless, That no Author, Affignee, or Proprietor of any fuch Book, Pamphlet, Map or Chart fhall be entitled to take the Benefit of this Statute, until he fhall duly regifter his Name as Author, Affignee, or Proprietor, with the Title thereof, in the Office of the Secretary of this State, who is hereby empowered and directed to enter the fame on Record. Provifo. 283 2. And be it further enacted, That at the Expiration of faid Termof fourteen Years, in the Cafes above mentioned, the fole Right Further term. of printing and difpofing of any fuch Book; Pamphlet, Map or Chart in this State, fhall return to the Author thereof, if then living, and his Heirs and Affigns, for the Term of fourteen Years more, to commence at the End of faid firft Term; and that all and every Perfon or Perfons, who fhall re-print, import, vend, utter or distribute in this State, any Copies thereof without the Consent of fuch Proprietor, obtained as aforefaid, during faid fecond Term of fourteen Years, fhall be liable to the fame Penalties, recoverable in the fame Manner as is herein before enacted and provided. 3. And whereas it is equally neceffary, for the Encouragement of Learning, that the Inhabitants of this State be furnished with useful Books, &c. at reafonable Prices. Proprietor Be it further enacted, That whenever any fuch Author or Proprietor of fuch Book, Pamphlet, Map or Chart, fhall neglect to neglecting to furnish the Public with fufficient Editions thereof, or fhall fell furnish the the fame at a Price unreasonable, and beyond what may be adjudg- public with ed a fufficient Compenfation for his Labour, Time, Expence and fufficient edi Rifque of Sale, the Judge of the Superior Court in this State, on tions, &c. Complaint thereof made to him in Writing, is hereby authorized and empowered to fummon fuch Author or Proprietor to appear before the next Superior Court, to be holden in that County where fuch Author or Proprietor dwells, if a Refident in this State,if not,in that County where fuch Complainant dwells; and faid Court are hereby authorized and empowered to enquire into the Juftice of faid Complaint, and if the fame be found true, to take fufficient Recognizance and Security of fuch Author or Proprietor, conditioned that he shall within fuch reasonable Time, as faid Court fhall direct, publish and offer for Sale in this State, a fufficient Number of Copies of fuch Book, Pamphlet, Map or Chart, at fuch reafonable Price as faid Court fhall, on due Confideration affix: And if fuch Author or Proprietor fhall, before faid Court, neglect or refufe to give fuch Security as aforefaid, thefaid Court are hereby authorized and empowered to give to fuch Complainant, a full and ample Licence to re-print and publish fuch Book, Pamphlet, Map or Chart, in fuch Numbers and for 284 Penalty on fuch as pro cure and print unpublished manufcript, without confent of the author, Provifo. Provife. Perfon's fet- : Lotteries. fuch Term as faid Court fhall judge juft and reasonable: Provided faid Complainant fhall give fufficient Security before faid Court, to afford faid reprinted Edition at such reasonable Price as faid Court fhall thereto affix. 4. And be it further enacted, That any Perfon or Perfons who fhall procure and print any unpublished Manufcript, without the Confent and Approbation of the Author or Proprietor thereof, firt had and obtained, (if fuch Author or Proprietor be living, and refident in, or Inhabitant of thefe United States) fhall be liable to fuffer and pay to the faid Author or Proprietor his juft Damages for fuch Injury; to be recovered by Action brought on this Statute, in any Court of Law in this State, proper to try the fame. Provided always, That nothing in this Act fhall extend to affect, prejudice or confirm the Rights which any Perfon may have to the printing or publishing of any Book, Pamphlet,, Map or Chart, at Common Law, in Cafes not mentioned in this Act, or to screen from legal Punishment any Perfon or Perfons who may be guilty of printing or publishing any Book, Pamphlet or Paper that may be prophane, treafonable, defamatory, or injurious to Government, Morals or Religion. Provided alfo, That this Act fhall not extend, or be conftrued to extend in Favour, or for the Benefit of any Author or Persons refiding in, or Inhabitants of any other of the United States, until the State or States, in which fuch Perfon or Perfons refide or dwell, fhall have paffed fimilar Laws in Favour of the Authors of new Publications, and their Heirs and Affigns. An Act for preventing and fuppreffing Lotteries. PAR. 1. BE it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That whofoever fhall prefume, without special Liberty from the General Court, to fet up any Lottery for the Sale of Goods, or to fell, put off, or vend any Parcel, Farcels, or Quantity of Goods, Monies, or other Things what foever, by way of Lottery; or fhall prefume by Wagers, Shooting, or any other fuch like Way or Exercife whatsoever, to offer to fell, vend, put off, or difpofe of any Goods, Monies, or other Things collected or exposed to be run at fuch Adventures; or to fet up Notifications to entice People to bring in and depofit, or rifque their Money or Credit for the carrying on of the Defigns aforefaid, and be duly convicted thereof before any Court of Authority proper to try the fame, fhall forfeit the Value of fuch Goods or Monies, or Things fo expofed. or propofed to be expofed to Sale, or drawn for: The one Half thereof to him that fall profecute the fame to Effect, and the other Half to the County Treasurer of that County where the Of fence fhall be committed. 2. And be it further enacted, That no Pei fon or Perfons whatever, fhall, within this State buy, purchase, fell or otherwife Difpofe of any Lottery Tickets, iffued from or under the Authority of any Man-flaughter.. Marriages. 2 285 other State whatever. And if any Perfon or Perfons fhall buy, Buying and fell or otherwife difpofe of any Lottery Ticket or Tickets, con- felling of Tickets protrary to this Act, he or they fhall forfeit the Sum of Seven Dollars hibted. for every fuch Ticket fo bought, fold or otherwife difpofed of, one Half to him who fall inform and profecute the fame to Ef- Penalty. fect, and the other Half to the Treafury of the Town where the Offence is committed or if the complaint be made by an informing Officer, the whole of faid Penalty fhall belong to faid Treafury. No appeal. And no Appeal fhall be allowed from any Judgment upon any Suit or Profecution for faid Penalty. 3. And all Officers, as Grand jurors and others ordered by Law Informing of to make Prefentment of Breaches of Law, are directed (when no ficers to preInformer or Profecutor appears) to make Presentment of the fent. Breaches of this Act. An Act for the Punishment of Man-flaughter. E by the Governor and Council, and Houfe of Repre Bentatives, in General Court affembled, That whatsoever Per- Punishment fon fhall be guilty of the Crime of Man-flaughter, or the wilful for mankilling another Perfon, without Malice forethought, and be there- flaughter, of legally convicted, by Confeffion or Verdict, before any of the forfeiture of all goods and Superior Courts of this State, fhall forfeit to the public Treafury chattels, of this State, all the Goods and Chattels to him or her belonging whipping and at the Time of committing faid Crime; and be further punifhed burnt on the by whipping on the naked Body, and be ftigmatized, or burnt hand, &c. the Hand with the Letter M, on a hot Iron, and shall also be forever difabled from giving any Verdict or Evidence in any of the Courts within this State. on Provided nevertheless, That if any Perfon in the just and neceffary Defence of his own. Life, or the Life of any other, fhall kill any Perfon attempting to rob or murther in the Field or High-way, Provifo. or to break into any Dwelling-Houfe; if he conceives he cannot with Safety of his own Perfon,otherwife take the Felon or Affailant, or bring him to Juftice, he fhall be holden guiltless. An Act for regulating and orderly celebrating of Marriages; and for preventing and punishing incestuous and other unlawful Marriages. FORASMUCH as the Ordinance of Marriage is honourable amongst all; fo it is meet it fhould be orderly and decently folemnized: Publishment PAR. I. BE it therefore enacted by the Governor and Council, and requisite beHoufe of Reprefentatives, in General Court affembled, That fore marriano Perfons fhall be joined in Marriage, before the Purpofe or In- ge and the tention of the Parties proceeding therein, hath been fufficiently fishing pointmode of pubpublished in some public Mecting or Congregation on the Lord's- ed out. 286 None but ma tices, and Marriages. up in Day, or on fome public Faft, Thanksgiving, or Lecture-Day, in 2. That no Perfon what foever in this State, other than a Magiftrates, juf- giftrate, or Juftice of the Peace, and that within his own Connty or Jurifdiction, or ordained Minifter, and that only within the County wherein he dwells, and during the Time he continues fettled in the Work of the Ministry, fhall join any Perfons together in Marriage. min Pers have right to join others in marriage. Penalty for performing of Parents, &c 3. Nor fhall any Magiftrate, Juftice of the Peace, or ordained Minifter, prefume to join any Perfons together in Marriage, before the Purpofe or Intention of the Parties to be married has been faid ormance published as aforefaid, and before fuch Magiftrate, Juftice or Minwithout legal ifter is certified of the Confent of the Parents or Guardians (if apublication, ny be) of fuch Parties that are under the Care and Controul of and confent Parents or Guardians, on Pain of forfeiting for every fuch Offence the Sum of Sixty-feven Dollars; one Moiety whereof fhall be to. him or them who shall complain of and profecute the same to Effect, and the other Moiety to the Treafury of the County wherein the Offence fhall be committed. And if any Perfon or Perfons prefume to deface or pull down any Publifhment fet up in Writing, as afore◄ faid, before the Expiration of eight Days after the Time of its being fet up; every fuch Perfon or Perfons fhall be fined the Sum of One Dollar, or be fet in the Stocks one whole Hour. Penalty for pulling down or defacing a publishment. Degrees of kindred for hidden marri age. Such marriages null and void. Penalty. And in order to prevent inceftuous and unlawful Marriages. 4. Be it further enacted, That no Man fhall marry any Woman within the Degrees of Kindred hereafter named in this A&t: That is to fay, No Man fhall marry his Grand-father's Wife, Wife's. Grand-Mother, Father's Sifter, Mother's Sifter, Father's Brother's Wife, Mother's Brother's Wife, Wife's Father's Sifter, Wife's Mother's Sifter, Father's Wife, Wife's Mother, Daughter, Wife's Daughter, Son's Wife, Sifter, Brother's Wife, Son's Daughter, Daughter's Daughter, Son's Son's Wife, Daughter's Son's Wife, Wife's Son's Daughter, Wife's Daughter's Daughter. Brother's Daughter, Sifter's Daughter, Brother's Son's Wife, Sifter's Son's Wife. 5. And if any Man fhall hereafter marry, or have carnal Copulation with any Woman who is within the Degrees before recited in this Act, every fuch Marriage fhall be, and is hereby declared to be null and void: And all Children that fhall hereafter be born of fuch incestuous Marriage or Copulation, fhall be forever difabled to inherit by Defcent, or by being generally named in any Deed or Will, by Father or Mother. 6. That every Man and Woman who fhall marry, or carnally know each other, being within any of the Degrees before mentioned in this A&t, and fhall be convicted thereof before the Superior Court, fuch Man or Woman fo convicted, fhall be fet on the Gallows the Space of one Hour, with a Rope about each of |