State's Attorney, to the County Court in the fame County; and How recoverno Appeal fhall be granted in fuch Cafe. ed. 13. And in cafe any fuch Town or Society fhall neglect to Societies neg choose and appoint a Collector or Collectors, as aforefaid, any one lecting to Affiftant or Justice of the Peace, next refiding to fuch Town or choose a colSociety flrall; and he is hereby authorized to appoint and empower ftant or juftice by his Warrant, fuch Collector or Collectors for the Purpose to appoint, &c. aforefaid. lector, an affi 14. And where any Town or Society within this State, fhall where no ahave made no Agreement with their Minifter or Minifters for the greement is Sum of their yearly Maintenance, and fuch Minifter or Minifters made, general do find him or themselves aggrieved by too fcanty Allowance, ev- affembly to ery fuch Minifter making Application to the General Affembly, fhall by faid Affembly have ordered unto him or them a fuitable and fufficient Maintenance to be given him or them by the Inhabitants of the Town or Society whereto he or they belong. order, &c. nifter for a 15. And that if any Town or Society fhall be for any Year or Town or fociYears without a Minifter preaching the Gofpel to them, fuch ety being Town or Society fhall in the faid Year or Years pay fuch Sum or without a mi Payment as the General Court fhall appoint, of which Payment or Payments the Collector or Collectors who fhall collect the fame year, &c. te fhall make Certificate to the next County Court of that County, which Court fhall dispose of and improve the faid Sums for the Ufe of the Ministry in the Town or Society where it is collected as foon as Opportunity may be had for it according to the Difcretion of the Court. 16. And whereas there have been divers Grants, Donations, or Sequeftrations of Lands, Monies, or other Eftates or Interefts, made for the Ufe and Support of the Miniftry, fettled and established by the Laws of this State; by Means whereof, in fundry of the Towns and Societies in this State, there are confiderable Eftates belonging to fuch Towns or Societies, for the Ufe and Support of the Miniftry therein fettled, or that fhall be fettled as aforefaid. And whereas it is convenient that fuitable Provifion be made for the taking Care of, and improving fuch Eftates for the End defigned in granting, giving or fequeftering the fame : Therefore, pay, &c. Be it further enacted, That where there are any Lands, Monies, or other Eftates granted, given, or fequeftered according to antient Eftates given Cuftom, Ufage or Practice, or shall hereafter be given, granted, or for the fupport. fequeftered for the Ufe and Support of fuch Miniftry in any of miniftry Town or Society in this State, then and in every fuch Cafe, the how to be im Select-men for the Time being, of fuch Town where there is but proved, &c. one ecclefiaftical Society; and the Committees for the Time being, of fuch ecclefiaftical Societies as have been, or fhall be conftituted by this Affembly; or a Commiteee appointed by fuch Town or Society, (which Committee they are hereby refpectively em powered to that End to appoint) fhall have full Power and Authority to demand, recover, receive, take care of, and improve all fuch Lands, Monies, or other Eftates, to, and for the Ufe and Support of fuch Miniftry fettled in fuch Town or Society which 318 Committees to Ministers. they refpectively reprefent, according to the true Meaning, Intent and Defign in fuch Grants, Donations, or Sequeftrations contained; and for their Improvement thereof, and of the Increase, Profits and Interefts thereof to be accountable from Time to Time to fuch Town or Society as they respectively represent. 17. And that fuch Select-men and Committee may be enabled the beter to do faid Service; Be it further enacted, That the Select, men and Committee aforeSelectmen and faid, or the major Part of them, fhall and may make all proper and neceffary Contracts, and commence, profecute and pursue all needful Suits, Actions and Caufes in the Law, for the Purpose and End aforefaid. make contracts, &c. 18. And that fuch Select-men and Committees as fhall from Time Succeffers en- to Time fucceed, and come in the Room and Stead of others remoabled to sue, ved by death or otherwife, fhall have the fame Power in their own Names to Act, appear, profecute and purfue, in and upon any Contract, Suit, Action or Caufe, for or concerning the Matters aforefaid, as fully as those whom they fucceed in the Office aforefaid, might or could do if they had not been removed, as aforefaid. 19. And whereas divers of the Societies aforefaid, are made, or fuck Societies may be hereafter made and conflituted of two or more adjoineng Towns, fo that part of the Inhabitants of the Society live in one Town, and part in another. And whereas by Virtue of the Grants, Donations, or Sequeftrations forefaid, fuch Part of a Society that live in one of the faid adjoining Towns, have or may have Lands, Monies, or other Eftates, belonging to that Part diftinct from the rest of the Society, for the Ufe aforefaid. Beit therefore further enacted, That fuch parts of Societies haSuch parts of ving such distinct Interests, fhall, and may meet among themfelves, and from Time to Time act, order, and direct, refpecting fuch their diftinct Interefts, for the Ufe aforefaid, according to the Provifion before in this Act made for Societies in regard to fuch Interefts. focieties as have ciftin&t intereft, to ineet, &c. And to form themselves a greeable to Law. To warn 20. And where any fuch Parts of a Society have not already had any Meeting, or formed themfelves, they may, and hereby are directed to take the fame Method in forming themfelves as Societies by Law are directed to take, in their first forming themselves to act: And being formed, may choofe a Clerk, who fhall be fworn to a faithful Difcharge of his Truft; and alfo may choose a Committee to take care of and improve the Interefts aforefaid, for the Ufe aforefaid who fhall have the fame Power and Authority, and be under the fame Regulation in their faid Truft; as is given and provided by this Act, to, and concerning the Committees of Societies refpecting fuch Interests. 21. And the faid Committee of fuch Part of a Society may warn Meetings of the Inhabitants of fuch Parts, and appoint Time and meetings, &. Place for that Purpose, or on their Neglect or Refufal, the Clerk of fuch Part of a Society, on Application of any five Inhabitants, may warn the fame by fetting up a Warning for that Purpose, in fome proper Place or Places, within the limits of fuch part of a Monuments. Mountebanks. 319 Society. In which Meetings the Inhabitants may proceed to act any Matters proper for them to act in. in Provided always, That no Meeting mentioned in this A&t, be held within lefs than five Days after Warning given, or fet up as aforefaid; and that no Perfon be allowed to vote or act in any Meeting of any Town, Society, or part of a Society, in the Matters aforefaid, not qualified as before in this A&t is provided, or that doth not belong to, or pay towards the maintenance of that Miniftry for the Support whereof fuch Interests have been, or fhall be granted, given, or fequeftered, as aforefaid; any Thing before in this Act to the contrary in any wife notwithstanding. An Act to oblige the feveral Towns on the Post-Roads, to erect Monuments, fhewing the Distances from the feveral County Towns on faid Roads. E it enacted by the Governor and Council, and Provifa. PAR. 1. B House of Representatives, in General Court affembled, Select-men to roads. That it fhall be the Duty of the Select-men in the feveral Towns, erect mileon the feveral Poft-Roads in this State, at the Expence of fuch ftones on the Town, to erect and keep up Mile-Stones, at least two Feet high, near the Side of the common travelling Road, marked with the Distances from the County Town of the County where fuch Town lies, according to the Menfuration made by public Order. 2. Be it further enacted, That if the Select-men in fuch Towns, Penalty for fhall neglect to erect fuch Stones, marked as aforefaid, and to keep neglect in up the fame for the Space of one Month after Notice given to erecting. them for that purpose, fhall pay and forfeit the Sum of Seven Dollars, one Halfto him or them who fhall profecute the fame to Effect, the other Half to the Treasury of the Towns where fuch Select-men belong. 3. And be it further enacted, That if any Perfon or Perfons, fhall Penalty on prefume to pull down, brake or deface any fuch Monument or fuch as pul! Monuments, or any other Monuments for the Direction of Trav- down or deellers, erected by the Order or Approbation of the Select-men face monufhall incur a Penalty of Seven Dollars, to be recovered by the Se- ments. lect-men, of fuch Town where the Offence is committed, for the Ufe of faid Town, by Bill, Plaint, or Information, before any Court proper to try the fame. An Act for fuppreffing Mountebanks. [ENACTED IN OCTOBER 1773.] WHEREAS the Practice of Mountebanks, in dealing out and adminiftering Phyfic and Medicine, of unknown Compofition, indifcriminatly to any Perfons, whom they can by fair Words induce to purchafe and receive them, without duly confulting, or Opportunity of duly con 488. Preamble, 320 No mountebank, &c. publickly to exhibit tricks. Nor offer phy1s for falc. Penalty of 67 dols. Informing officers to make prefent ment. Provifo. Murder. fulting and confidering the Nature and Symptoms of the Disorder for which, and the Conftitution and Circumstances of the Patient or Receiver, to whom they adminifter, has a Tendency to injure and deftroy the Health, Conftitution and Lives of thofe who receive and ufe fuch Medicines. And whereas the Practice of Mountebanks in publicly advertifing and giving Notice of their Skill and Ability to cure Difeafes, and the e recting public Stages and Places from whence to declaim to, and harrangue the People on the Virtue und Efficacy of their Medicines; or to exhibit by themselves or their Dependants, any Plays, Tricks, Jugling or unprofitable Feats of uncommon Dexterity and Agility of Body, tends to draw together great Numbers of People to the Corruption of Manners, Promotion of Idlenefs, and the Detriment of good Order and Religion, as well as to tempt and enfnare them to purchafe fuch unwholefome and oftentimes dangerous Drugs. B PAR. 1. 2. Nor fhall any Mountebank, or Perfon what foever under him, at or on any fuch Stage or Flace, offer, vend, or otherwise difpofe of, or invite any Perfons fo collected, to purchase or receive any Phyfic, Drugs or Medicine recommended to be efficagious and ufeful in various Disorders. 3. Be it further enacted, That if any Perfon or Perfons fhall be guilty of any Breach of this A&t, on Conviction thereof before any Court proper to try the fame, every Perfon fo offending fhall forfeit and pay the Sum of Sixty-feven Dollars, for each and every fuch Offence, for the Use of him who fhall fue for, and profecute the fame to Effect, and fo toties quoties. 4. Be it further enacted, That it fhall be the Duty of all inforining Officers, to make Prefentment of all Breaches of this Act; in which Cafe the Fine fhall belong to the Treasury of the County wherein fuch Conviction is had. 5. And it is further provided, That if any Servant, or any Minor or Apprentice under Age, fhall be guilty of breaking any Paragraph of this Act, on Conviction thereof, his or their Fine or Penalty fhall be paid by the Parent, Mafter or Guardian, under whofe Direction the same shall be committed or done; and that Execution fhall be awarded accordingly. An Act for the Punishment of Murder. 236. PAR. 1. B E it enacted by the Governor and Council, and Houfe of death. if any Perfon fhall commit any wilful Murder, upon Malice Ha- Murder to be tred, or Cruelty: not in a Man's juft and neceffary Defence ; punished with nor by Cafualty against his Will: Or fhall flay or kill another through Guile, either by Poifoning, or other fuch attrocious Practices, he fhall be put to Death. of Murder of a 2. And Whereas many lewd Women that hvve been delivered of Baftard Children to avoid their Shame, and to efcape Punishment, do fecretly bury or conceal the Death of their Children; and after, if the Child be found Dead, the Mother thereof is apt to alledge that the faid Child was born dead; whereas it fometimes falleth out (although hardly to be proved that the faid Child or Children were murdered by the faid Women, their lewd Mothers; or by their Affent or Procurement. Be it therefore further enacted, That if any Woman be delivered any Iffue of her Body, Male or Female, which if it were born alive would by Law be a Baftard; and that the endeavors privately, either by drowning, or fecret burying thereof; or any other Way, either by herself, or by the procurement of others, so to conceal the Death thereof, that it may not come to Light whether it was born alive or not; but be concealed: In every fuch Mode of eviCafe, the Mother fo offending, fhall be accounted guilty of Mur- dence pointed der; and fhall fuffer Death therefor as in Case of Murder: Ex- out. cept fuch Mother can make Proof by one Witness, (at least) that fuch Child was born Dead. An Act for regulating the manufacture of Nails made for [ENACTED IN MAY 1795.] PAR. 1. BE it enacted by the Governor and Council, and baftard child to be punish ed with death. 458 That from and after the firft Day of January next, all Nails ex- Affize of nails; pofed for Sale, or Exportation in any Town or Place within this State, fhall be of the Weight and Affize following (that is to fay) every Thousand of two penny Nails fhall weigh not more than one Pound and fourteen Ounces, and each Nail fhall measure not lefs in Length than three quarters of an Inch, 2. Every Thoufand of three penny Nails fhall weigh not more Three penny than two Pounds, and eight Ounces, and each Nail fhall measure nails. in Length not less than feven eighths of an Inch. 3. Every Thousand of four penny Nails fhall weigh not more than three Pounds and twelve Ounces, and each Nail fhall meafure in Length not lefs than one Inch and a quarter. Four penny nails. 4. Every Thoufand of fix penny Nails fhall weigh not more six penny than feven Pounds, and each Nail fhall meafure not lefs in Length nails. than one Inch and three quarters. 5. Every Thousand of eight penny Nails fhall weigh not more than ten Pounds, and each Nail fhall mcafure in Length not less than two Inches and one eighth of an Inch. T t Eight penny nails. |