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Ministers. 317

State's Attorney, to the County Court in the fame County; and How recoverno Appeal shall be granted in such Case. cd

13. And in case any such Town or Society shall neglect to Societies neg. choose and appoint a Collector or Collectors, as aforesaid, any one lecting to Assistant or Justice of the Peace, next residing to such Town or fhSoseaco,l Society shall; and he is hereby authorized to appoint and empower fa^t or justice by his Warrant, such Collector or Collectors for the Purpose to appoint,&c. aforesaid.

14. And where any Town or Society within this State, shall wherensahave made no Agreement with their Minister or Ministers for the greementis Sum of their yearly Maintenance, and such Minister or Ministers made, general do find him or themselves aggrieved by too scanty Allowance, ev- "J^TM^t0 ery such Minister making Application to the General Assembly, 'c* shall by said Assembly have ordered unto him or them a suitable

and sufficient Maintenance to be given him or them by the Inhabitants of the Town or Society whereto he or they belong.

15. And that if any Town or Society shall be for any Year or Town or fociYears without a Minister preaching the Gospel to them, such ety being Town or Society shall in the said Year or Years pay such Sum or without a mi

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Payment as the General Court shall appoint, of which Payment or Payments the Collector or Collectors who shall collect the same shall make Certificate to the next County Court of that County, which Court shall dispose of and improve the said Sums for the Use of the Ministry in the Town or Society where it is collected as'soon as Opportunity may be had for it aceprding to the Discretion of the Court.

16. And whereas there have been divers Grants, Donations, or Sequestrations of Lands, Monies, or other EJlat.es or Inttrejls, made for the Use and Support of the Ministry, settled and established by the Laws of this State ; by Means whereof, in.sundry of the Towns and Societies in this State, then are considerable Estates belonging to such Towns or Societies, for the Us and Support os the Ministry therein set- , tied, or thatsliall besettled as aforesaid.

And whereas it is convenient that suitable Provision be made for the taking Care »s, and improving Juch Estates for the End designed in granting, giving or sequestering the same:

Therefore,

Be it further enacted, That where there are any Lands, Monies, or other Estates granted, given, or sequestered according to arftient EjjJtes !vCB Custom, Usage or Practice, or shall hereafter be given, granted, or forthe°support sequestered for the Use and Support of such Ministry in any ot ministry Town or Society in this State, then and in every such Case, the how to be im-* Select-men for the Time being, of such Town where there is but ProYed» one ecclesiastical Society ; and the Committees for the Time being, of such ecclesiastical Societies as have been, or shall be constituted by this Assembly; or a Commiteee appointed by such Town or Society, (which Committee they are hereby respectively en> powered to that End to appoint) shall have full Power and Authority to demand, recover, receive, take care of, and improve all such Lands, Monies, or other Estates, to, and for the Use and Support of such Ministry iettlcd in such Town or Society whiefc

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Selectmen and committees to make contracts, fee.

Successors enabled to sue, *«.

they respectively represent, according to the true Meaning, Intent and Design in such Grants, Donations, or Sequestrations contained; and for their Improvement thereof, and of the Increase, Profits and Interests thereof to be accountable from Time to Time to such Town or Society as they respectively represent.

17. And that such Select-men and Committee may be enabled the better to do said Service;

Be it further enabled, That the Select, men and Committee aforesaid, or the major Part of them, shall and may make all proper and necessary Contracts, and commence, prosecute and puriue all needful Suits, Actions and Causes in the Law, for the Purpose and End aforesaid.

18. And that such Select-men and Committees as shall fromTimc to Time succeed, and come in the Room and Stead of others removed by death or otherwise, shall have the lame Power in their own Names to Act, appear, prosecute and puriue, in and upon any Contract, Suit, Action or Cause, for or concerning the Matters aforesaid, as fully as those whom they succeed in the Office aforesaid, might or could do if they had not been removed, as aforesaid.

19. And whereas divers of-the Societies aforesaid, are made, or such, societies may be hereafter made and constituted of two or mere adjoining Towns,so 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 Sequestrations mforefaid,Juch Part of a Society that live in one of the said adjoining Towns, have or may have Lands, Monies, or other Estates, belonging to that Part diftinCl from the rift of the Society, for the Use aforesaid.

Beit therefore further enabled, That such parts of Societies having such distinct Interests, shall, and may meet among themselves, and from Time to Time act, order, and direct, respecting such their distinct Interests, for the Use aforesaid, according to the Provision before in this Act made for Societies in regard to such Interests.

20. And where any such Parts of a Society have not already had any Meeting, or formed themselves, they may, and hereby are directed to take the fame Method in forming themselves as Societies by Law are directed to take, in their first forming themselves to act: And being formed, may choose a Clerk, who shall be sworn to a faithful Discharge of his Trust; and also may choose a Committee to take care of and improve the Interests aforesaid, for the Use aforesaid: who shall have the same Power and Authority, and be under the same Regulation in their laid Trust; as is given and provided by this Act, to, and concerning the Committees of Societies respecting such Interests.

Si. And the said Committee of such Part of a Society may warn Meetings of the Inhabitants of such Parts, and appoint Time and Place for that Purpole, or on their Neglect or Refusal, the Clerk of such Part of a Society, on Application of any five Inhabitants, may warn the fame by setting up a Warning for that Purpose, in seme proper Place or Plaoss, within the limits of such part of B.

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societies as have distinct interest, to meet, &c.

And to form themselves ajreeable to Law.

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Society. In which Meetings the Inhabitants may proceed to act in any Matters proper for them to act in.

Provided always. That no Meeting mentioned in this Act, be held within less than five Davs after Warning given, or set up as aforesaid; and that no Person be allowed to vote or act in any PtoyiCt. Meeting of any Town, Society, or part of a Society, in the Matters aforesaid, not qualified as before in this Act is provided, or that doth not belong to, or pay towards the maintenance of that Ministry for the Support whereof such Interests have been, or shall be granted, given, or sequestered, as aforesaid; any Thing before in this Act to the contrary in any wife notwithstanding.

An Act to oblige the several Towns on the Post-Roads, to.erect Monuments, shewing the Distances from the seVeral County Towns on said Roads.

Par I T"^^ tf ena&ed h Governor and Council, and

XJ House of Representatives, in General Court assembled, Select-men t# That it shall be the Duty of the Select-men in the several Towns, erect mileon the several Post-Roadsin this State, at the Expence of such ^ones on th* Town, to erect and keep up Mile-Stones, at least two Feet high, roa s" near the Side of the common travelling Road, marked with thp Distances from the County Town of the County where such Town lies, according to the Mensuration made by public Order.

2. Be it further enacted, That if the Select-men in such Towns, Penalty foe shall neglect to erect such Stones, marked as aforesaid, and to keep neglect in up the same for the- Space of one Month aster Notice given to erecting, them for that purpose, shall pay and forfeit the Sum of Seven Dol

lars, one Half to him or them who shall prosecute the same to Effect, the other Half to the Treasury ef the Towns where such Select-men belong.

3. And be itsurther enabled, That if any Person or Persons, shall pen .f presume to pull down, brake or deface any such Monument or UIcn aspul! Monuments, or any other Monuments for the Direction of Trav- down or deellers, erected by the Order or Approbation of the Select-men face monufhull incur a Penalty of Seven Dollars, to be recovered by the Se- meBtSi iect-men, of such Town where the Offence, is committed, for the

Use of laid Town, by Bill, Plaint, or Information, before any
Court proper to try the fame.

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An Act for suppressing Mountebanks.

[enacted In Octob.br 1773.J

WHEREAS the Pra&ice of Mountebanks, in dealing out and ad

H/liniflering Physic and-MediriM, of unknown Composition, indiscriminately to any Persons, whom they can by j air Words induce to purchase Preamble* and naive them, xuithout duly consulting, or Opportunity us duly con

320 'Murder.

suiting and considering the Nature and Symptoms of the Disorder Jot which, and the Constitution and Circumstances of the Patient or Receiver, to whom they administer, has a Tendency to injure and destroy the Health, Constitution and Lives of those who receive and vsesuch Medicines.

And whereas the Practice »f Mountebanks in publicly advertising tnd giving Notice of their Skill and Ability to cure Diseases, and the esetting public Stages and Places from whence to declaim to, and karrangue the People on the Virtue und Efficacy qf their Medicines; or to exhibit by themselves or their Dependants, any Plays, Tricks, Jugling or unprofitable Eeats of uncommon Dexterity and Agility of Body, tends to draw together great Numbers of People to the Corruption of Manners, Promotion of Idleness, and the Detriment of good Order and Religion, a< well as to tempt and ensnare them to purchase juck unwholesome and oftentimes dangerous Drugs.

Par T^"^ l* therefore enaElcd by the Governor and, Council, and JLJ House of Representatives, in General Court assembled, Vo mounte- That no Mountebank, or Person whatsoever under him, shall cxKv' hibit, or cause to be exhibited on any public Stage, or Place what

exhibit tricks, soever, within this State, any Games, 1 neks, Flavs, Jugling, or Feats of uncommon Dexterity and Agility of Body, tending to no good and useful Purposes, but tending to collect together Num'bers of Spectators, and gratify vain or useless Curiosity. ,

.a. Nor shall any Mountebank, or Person whatsoever under Vor offer phy- him, atoronany such Stage or Place, offer, Vend, or otherwise 1« for sale. dispose of, or invite any Persons so collected, to purchase or receive any Physic, Drugs or Medicine recommended to be efficaoioiis and useful in various Disorders.

3. Be it further enaBed, That if anv Person or Persons shall be Penalty of 8u^ly °^ anY breach of this Act, on Conviction thereof before any 67 dols. Court proper to try the fame', every Person so offending shall for-.

feit and pay the Sum of Sixty-seven Dollars, for each and every such Offence, for the Use of him who shall sue for, and prosecute the same to Effect, and so toties quoties.

4. Be it further enatfed, That it shall be the Duty of all infonnInforming ing Officers, to make Presentment of all Breaches of this Act; in officers to which Cafe the Fine shall belong to the Treasury of the County ment. P wherein such Conviction is had.

5. And it is further provided, That if any Servant, or any Mij^.jk nor or Apprentice under Age, shall be guilty of breaking any Par

1' agraphof this Act, on Conviction thereof, his or their Fine or Pen

alty shall be paid by the Parent, Master or Guardian, under whose Direction the same shall be committed or done; and that Execution shall be awarded accordingly.

An Act for the Punishment of Murder.

_ "R.-^"If enacted by the Governor and Council, and House of

Jlj Representatives, in General Court assembled, That Nails. 321

if anv Person shall commit .'my wilful Murder, upon Malice Ha- Murder to be tred, or Cruelty: not in a Man's just and necessary Defence ; jj"^"^ed With hor by Casualty against his Will : Or shall flay or kill another through Guile, either by Poisoning, or other such attrocious Practices, he shall be put to Death.

2. And Whereas many lewd. Women that hvvebeen delivered of Bastard Children to avoid their Shame, and to escape Punishment, do secretly bury or conceal the Death of their Children; and afters if the 'Child be found Dead, the Mother thereof is apt to alledge that the said Child was born dead; whereas it sometimes falleth out (although hardly to be proved ) thai the said Child or Children were murdered, by the said Women, their lewd Mothers; or by their Assent or Procurement.

Be it therefor: further enabled, That if any Woman be delivered of any Issue of her Body, Male or Female, which if it were born Murder of a alive would bv Law be a Bastard; and that she endeavors private- bastar(1 child 1 -llj r J t. ■ .r . » r .1 to be pumfli

ly, either by drowning, or secret burying thereof; or any other e(t with deatli

Way, either by herself, or by the procurement of others, so to conceal the Death thereof, that it may not coine to Light whether it was borii alive or nett ; but be concealed: In every such ModeofeviCase, the Mother so offending, shall be accounted guilty of Mur- dence pointed dcr; and shall suffer Death therefor as in Cafe of Murder: Ex- out. cept such Mother carl make Proof by one Witness, (at least) that Inch Child was born Dead. . »

An Act for regulating the manufacture of Nails made for *

Sale or Exportation, within this State. Jyj5q

[enacted In May 1795.]

Par i T^^-?' ena^e^ h Governor and Council, and

JU Hause of Representatives, in General Court affcmbledr That from and after the first Day of January next, all Nails ex- AffizeofnailH posed for Sale, or Exportation in any Town or Place within this State, shall be of the Weight arid Assize following (that is to fay) every Thousand of two penny Nails shall weigh not more than one Pound and fourteen Ounces, and each Nail shall measure not less in Lehgth than three quarters of an Inch.

s. Every Thousand of three penny Nails shall weigh not more Three penny than two Pounds, and eight Ounces, and each Nail shall measure nails, in Length not less than seven eighths of an Inch. .. 3, Every Thousand of sour penny Nails shall weigh not more than three Pounds and twelve Ounces, and each Nail shall meat P""* ure in Length not less than one Inch and a quarter.

4. Every Thousand of six penny Nails shall weigh not more six penny than seven Pounds, and each Nail shall measure not less in Length nails, than one Inch and three quarters.

5. Every Thousand of eight penny Nails shall weigh not more

.than ten Pounds, and each Nail shall measure in Length not less E,?.ht penn'" than two Inches and one eighth of an. Inch. v - - M1'

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