342 Preamble. Pleas in abatement to be heard, &c. and iffue joined before the jury is impannel led. Pleas An Act for ordering and regulating Pleas and Pleadings. FOR preventing unneceffary Charge and Delays in the feveral Courts of Common Pleas in this State; and for the more regular Proceeding in Trials therein : PAR. 1. BE it enacted by the Governor and Council, and House of Reprefentatives, in General Court affembled, That all Pleas made in Abatement of Writs or Proceffes in any of the County Courts in this State, fhall be made, heard and determined: and the Iffue in every Cafe joined, and an Entry thereof made before the Jury is impannelled. 2. And upon every Appeal from a Determination of Pleas made in Abatement of the Writ or Process, the Caufe fhall be referred with the Appeal to the next Superior Court, where the Plea in Abatement fhall be finally iffued; and if the Cafe proceed, the Iffue fhall there be joined, unless by the Course of the Pleadings there fhall be a Demurer in Law only. 3. And in Cafe any Defendant will not make his Plea or join Iffue, Judgment fhall be given against him upon a nihil dicit. 4. That the general Iffue of, Not Guilty, nil debet, no Wrong or Diffeifin, or any other general Plea proper to the Action,whereby the whole Declaration is put upon Proof, according to the Nature of the Cafe, may be made by the Defendant; under which general Plea the Defendant fhall have Liberty, upon. Trial of the Cafe on fuch general Iffue to give his Title in Evidence, or any other Matter in his Defence or Juftification as the Nature of the Action may be; excepting only a Discharge from the Plaintiff, or his Accord, or fome other fpecial Matter, whereby the Defendant by the Act of the Plaintiff is faved or acquitted from the Plaintiff's Demand in the Declaration. 5. And whenfoever any Party fhall fuppofe he has miffed his Plea, whether the general Iffue or Special Plea, which would have faved him in his juft Caufe, he fhall have Liberty to alter his Plea; and the oppofite Party fhall have a reasonable Time affigned him for making Answer thereunto: And if the new Plea be found infufficient for the justifying him that made it, reafonable Satisfaction fhall be awarded by the Court, before which the Trial is, to the other Party for the greater Delay which is made thereby; according to the Intereft of Money, Rent of Land, or Improvement of any other Thing recovered by the Suit. Provided nevertheless, That no Defendant fhall in the Trial of any Caufe, be admitted to demur to the Declaration after he hath pleaded to Iffue, and a Judgment thereon hath been given by any Court; any Thing to the contrary before in this Act notwithftanding. An Act for maintaining and supporting the Poor. PAR. 1. E it enacted by the Governor and Council, and Houfe Towns to fupB each Town in this State fhall take care of, fupport and maintain their own Poor. port their own poor. 2. And the Select-men for the Time being, or Overfeers of the Poor, (where any fuch are chofen) fhall have full Power to expend or difburíe out of the Town Stock or Treasury, what they hall judge meet and neceffary from Time to Time, for the Relief, Provifion for Supply and Support of any of the Poor belonging to their Town, how made. that purpose fo far as to the amount of Seventeen Dollars: And if more be needful, the faid Select-men or Overfeers, or the major Part of them fhall, with the Advice of the Authority of that Town, (if any there be) expend and disburse what fhall be by them judged needful for the Relief of the Poor, as aforefaid. 3. And in cafe there be none of the Civil Authority in any Town, the Select-men, or Overfeers aforefaid, of fuch Town, may act as fully as if they had fuch Advice in the Cafe aforefaid, for the relief of the Poor, and for the fupplying them, or any of them with Victuals, Cloathing, Firewood, or any other Thing neceffary for their Support or Subfiftence. 4. And if any Select-man, or Overfeer of the Poor, do neglect or refuse to give a juft Account upon Oath of what he hath expended as aforefaid, and of what of the Town's Stock or Money is in his Cuftody, upon ten Days Warning, before an Affiftant or Juftice of the Peace, when called to it by the Town, and return what is not expended, to and for the Ufe aforefaid, to the Town, he or they fhall be committed by an Affiftant or Juftice of the Peace, to the Gaol, there to remain at his or their own Charge and Coft, until he or they fhall give fuch Account, and make Return. as aforefaid. Penalty for neglect. 5. That if any poor Perfon or Perfons who have had, or fhall have Relief or Supplies from any Town, fhall fuffer their Children to live idly, or mifpend their Time in Loitering, and neg- Children to be left to bring them up or employ them in fome honeft Calling, brought up to which may be profitable to themselves and the Public; or if there labor. fhall be at any Time any Family that cannot, or do not provide competently for their Children, whereby they are expofed to Want or Extremity; or if there be any poor Children in any fuch Town that live idly, or are expofed to Want and Diftrefs, and there are none to take care of them, it fhall and may be lawful for the Select-men or Overfeers of the Poor in each Town, and they are hereby empowered and directed, with the affent of the next Affiftant or Juftice of the Peace, to bind out any and every When chil fuch poor Child or Children belonging to fuch Town, to be Ap- dren to be prentices or Servants, where they fhall fee convenient; a male bound out, Child till he comes to the Age of twenty-one Years, and a Fe- '&c. male till fhe comes to the Age of Eighteen; which Binding shall be as effectual to all Intents and Purposes as if any fuch Child were of full Age, and by Indenture of Covenant had bound him OF herself. 344 456. ere& Polt Guides. Poft-Guides. Pounds. An Act to oblige the feveral Towns in this State to erect PAR. 1. E it enacted by the Governor and Council, and Houfe of B Reprefentatives, in General Court affembled, That Select-men to it fhall be the Duty of the Select-men in the feveral Towns, in this State, at the expence of their refpe&tive Towns, to erect, and keep up Poft Guides, at the corners or divifions of all the principal Roads leading from their Towns, to the Town or Towns adjoining; and fuch Poft-Guides fhall indicate and point out the principal Road, or Roads, from the Towns wherein they are erected, to the Town, or Towns adjoining. Select-men neglecting to erect Poft Guides, to be done by order of the County Court. Pounds to be kept in each town. Select-men to fee that they are provided, Or forfeit t dol. 67 cents per month. Provifa 2. Be it further enacted, That if the Select Men of any Town shall neglect to erect fuch Poft-Guides, on or before the first Day of May next, and to keep the fame erected, and in repair, upon complaint thereof made to the County Court of the County wherein fuch Town lies, fuch Court fhall order fuch Poft-Guides to be erected, and grant a warrant against the Select-Men of the Town where fuch neglect is found, to collect the Sum expended in erecting thereof. An Act for providing and maintaining Pounds, and for PAR. 1. in B E it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That there fhall be made, and from Time to Time kept and maintained, every Town within this State, at the Charge and Cost of fuch Town, a fufficient Pound or Pounds for the impounding and reftraining therein, all fuch Horfes, Cattle, Swine and other Creatures as fhall be found Damage-feafant; or fhall be by Law liable to be impounded. 2. And the Select-men in each Town fhall, from Time to Time, as Need fhall require, ere&t and maintain a fufficient Pound or Pounds, as the Towns have agreed or fhall agree, at the proper Charge and Coft of faid Towns. 3. And that if any Town be at any Time hereafter, without a fufficient Pound for the Purpose aforefaid, the Select-men of such Town fhall forfeit the Sum of One Dollar and Sixty-feven Cents per Month, for every Month fuch Town is unprovided with a fufficient Pound or Pounds fo agreed on by fuch Town or Towns; one Half to him or them that fhall profecute the same to Effect, and the other Half to the County Treafury: Any one Afsistant or Juftice of the Peace to hear and determine the fame. 4. Provided nevertheless, That if any Town hath granted, or fhall grant to any particular Parish, Hamlet, Vicinity or part of any Town, Liberty at their own Coft and Charge to erect a Pound or Founds for their own Conveniency (which Grant fuch Towns. 1 are hereby empowered to make) the faid Pound or Pounds fhall be maintained by the faid Parifh, Hamlet, Vicinity or part of any Town; and the Select-men fhall not suffer or be punishable for any Defects therein. 5. Be it further enacted, That any Perfon impounding any Hor- Perfons ima fes, Cattle, Swine or other Creatures, fhall give Notice thereof pounding to the Owner of fuch Creatures, as foon as may be, if the Owner creatures to be known, on Pain of forfeiting the fame Penalties as are hereafter give fpeedy in this Act expressed for fuch Persons as having Notice of their owner. Creatures being impounded, fhall neglect to redeem them out of Pound. notice to the 6. That if any Horfes, Cattle, Swine or other Creatures fhall Horfes, &c. be taken Damage-feafant and impounded, and the Owner thereof impounded, is not known, the Impounder fhall forthwith inform one of the owners not Conftables of the Town thereof, who fhall cry fuch Creatures, known, to be with their natural and artificial Marks, by pofting up the fame in cried, &c. the Town where they are impounded and in the two next neighbouring Towns, from whence it may be moft likely fuch Crea tures came. 7. And if no Owner doth appear (in the Cafe of Sheep and Owner not Swine that are impounded) in eight Days after fuch Creatures are appearing, &c. cried and pofted as aforefaid, and in the Cafe of Horfes and Cattle, in twenty Days after cried and pofted as aforefaid; then fo many of the faid Creatures fhall by the faid Constable be fold at an Outcry, as may be fufficient to fatisfy the Damage and Poundage, and for Meat and Water, with the Charges arifing for crying and felling the fame. Marks to be 8. And the Marks natural and artificial of the Creatures fo fold, fhall be entered in the Town Clerk's Office, together with an entered, & Account of the Charges arifen and the Price of the Creatures, and the Sum of the Overplus remaining (if any be) after the Town Clerk is fatisfied for Entry; and fuch Overplus fhall be delivered to the Town Treasurer to be kept for the Owner: But if no Owner appear within one Year, fuch Overplus fhall belong to faid Town's Treafury. 9. Provided nevertheless, That the Fence about the Inclosure out of which Horfes or Cattle are impounded, must be found fuf- Provifo, ficient by two fworn Fence-Viewers before any Sale fhall be made as aforefaid. And if the Owner or Owners of fuch Horfes or Cattle fhall come within faid twenty Days, he or they fhall receive fuch Horse Kind or Cattle, paying for viewing faid Fence, and other Damage and Coft, which by this Act fhall be due as aforefaid. 10. Be it further enacted, That if any Perfon or Perfons, whose Creature or Creatures fhall be impounded, and he or they notified thereof, as aforefaid, fhall not within twenty-four Hours after fuch Notice to him or them given, either replevy or redeem his or their faid Creature or Creatures out of the Pound, every fuch Perfon or Persons shall forfeit Seventeen Cents per Head for every Beaft fo by him or them fuffered to continue in Pound; and fo Penalty for neglecting to redeem, &c. the fame Sum a Day for every Day after the first Day that he or they fhall fuffer faid Creatures to continue in Pound, befides all neceffary Charges the Pound-keeper fhall be at in providing and giving Meat and Water to fuch Creatures fo continued in Pound. 11. All of which Forfeitures as fhall become due for Breach of Difpofition of this Order, fhall belong one Half to the Pound-keeper, and the the forfeitures other Half to the Town-Treafury; (juft Damages and Poundage being first paid; which fhall be done before laid Creatures are releafed out of Pound :) Any one Affiftant, or Juftice of the Peace, to hear and determine the fame; and on Conviction of the Offender, to grant a Warrant for levying the fame, with Coft, out of the Eftates of the Perfons convicted, as aforefaid. When poundage is to be paid for horf es notwithftanding the infufficiency of the fence, &C. Replevin. Pound fees. Provifo. Penalty for refeue. 12. Be it further enacted, That all Horfe-kind which being suffered to go at Large on the Commons, do break into any Common Field or particular Inclofure, and are there found Damagefeafant, and from thence impounded; the Owner thereof, if known, fhall pay for the Poundage Five Cents and Five Milles per Head, and Damages, notwithstanding the infufficiency of the Fence. And in cafe the Owner of fuch Horfe or Horfe-kind, cannot be known within the space of twenty-four Hours after the Impounding the fame, they shall be accounted Strays, and be liable to be proceeded with as fuch. 13. That upon the Replevin of any fuch Horfe or Horse-kind, or other Dispute in the Law arifing on any fuch Matter, when the Impounder has under Oath declared the Place from whence he took faid Horse or Horse-kind, that unless the Owner of fuch Horfe or Horse-kind can fhew to the fatisfaction of the Court or Juftice, before whom the Trial is, that the faid Horfe or Horsekind were not fuffered to go at Large on the Commons, and did enter into the faid Field or Enclosure, through the infufficiency of fome other part of the Fence not adjoining to the Commons, Judgment fhall be rendered against the Owner of fuch Horse or Horfe-kind, to pay just Damages, together with Cofts. 14. Be it further enacted, That the Fee to be paid by the Owner or Owners of all fuch Horfes, Cattle, Sheep and Swine as fhall be taken Damage-fcafant, and impounded, (whereof Threequarters fhall be to the Driver or Impounder, and One-quarter to the Keeper of the Key) fhall be as followeth, viz. For all Horfes, Horfe-kind and Neat Cattle, Eleven Cents per Head: For all Sheep One Cent and Four Milles per Head: For all Swine, Eleven Cents per Head; except where the Law provides otherwife. 15. And that if any Creatures lawfully impounded, fhall escape and get out of Pound, the Owner thereof being known, fhall pay all juft Damages and Poundage notwithstanding: Which fhali be as recoverable by Action of Debt, as any other Debt whatsoever. Provided, The Perfon or Perfons impounding fuch Creatures, fhall give Oath that he or they took fuch Creatures Damagefeafant. 16. And be it further enacted, That if any Perlon or Perfons fhall rescue any Hories, Cattle, Sheep, Swine or other Creatures taken up as aforefaid, out of the Hand or Cuftody of any Perfon or Perfons going to Pound with them, or shall refift them therein, or fhal |