Prohibitions.

by any Means convey fuch Creatures out of the Pound, or Cuftody of the Law, whereby the Party wronged may be liable to lofe his Poundage and Damages; and the Law to be eluded, the Party fo offending fhall for fuch Rescues, forfeit and pay the Sum of Three Dollars and Thirty Four Cents; and for fuch Pound Breach the Sum of Seven Dollars; Three Quarters of which shall be for the Ufe of the Town Treasury of that Town wherein the Offence fhall be committed, and one Quarter thereof to him who fhall profecute the fame to Effe&t; and also shall pay all Damages to the Party wronged by fuch Refcues, or Pound Breach.

347

17. And if either of faid Offences be done by any Perfon or Perfons not of Ability to answer and pay the Damage and For- If unable to feiture aforefaid, fuch Perfon or Perfons being convicted as afore- pay, to be faid, fhall by Warrant from the Authority before whom the Con- whipped, &c. viction is had, be whipped not exceeding fifteen Stripes for meer Rescue or Pound Breach, and fhall be affigned in Service to the Party wronged, to make Satisfaction for the Damages he shall have fuftained.

18. And if it appear that there was any Procurement of the When mafOwner or Owners of the Creatures, or that they were Abettors; ters or parents or if it be done by their Servants or Children, the faid Owner or liable to pay, Owners shall pay all Damage and Forfeitures, as if he or they had &c. perfonally done the fame.

19. Always Provided, That all complaints for Breach of this Provife. Act, fhall be prosecuted within nine Months after the Offence is committed, and not after.

An Act concerning Prohibitions.

PAR. 1. BE it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That when any Perfon or Perfons fhall make Suggeftion to the Supe- Prohibition how obtained, rior Court in this State, or in the Vacation to the Chief Judge, &c. or to any two of the Affting Judges of faid Court, that any other Court held in this State do exceed their Jurifdiction, or do hold Plea of any Matter, Caufe or Thing, whereof by Law fuch Court hath not Cognizance or Jurifdiction, whereby the Perfon. or Perfons fuggefting are grieved, then, and in every fuch Cafe the faid Superior Court, Chief Judge, and two Affifting Judges to whom fuch Suggeftion is made, fhall be, and they are hereby empowered to grant a Writ of Prohibition, fubfcribed by the Chief Judge, or by two Affifting Judges of faid Court, and fealed with the Seal of the faid Court, directed as well to the Party profecuting in, as to the Judge of fuch Court that hath taken or doth take Cognizance of any fuch Caufe, Matter or Thing whereof they have no Right to hold Plea, as aforefaid, prohibiting them from proceeding any further.

2. And the faid Superior Court is hereby further empowered to proceed from Time to Time thereon, and to render Judgment

Superior Courts power in the premi fes.

348

Preamble.

Quakers ad

the affirma

Quakers.

in every fuch Cafe, according to the Courfe of the common or
ftatute Law, as the Nature of the Cafe may require, and award
Cofts as in other Cafes, and grant Execution accordingly.

An Act relative to the People commonly called Qua-
kers.

WHEREAS the People commonly called Quakers, decline and refufe to take an Oath in the ufual Form, by Reafon of Scruples of Confcience. Wherefore, in Eafement thereto :

PAR. 1.

B

E it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That mitted to take every Quaker within this State, who fhall be required upon any lawful Occafion to take the Witneffes Oath, fhall inftead of the ufual Form, be permitted to make his or her folemn Affirmation; and the fame fhall be adminiftered to him or her in the Words following, viz.

tion.

Form.

Affirmation

YOU
YOU A. B. do folemnly and fincerely affirm and declare, that the
Evidence you fhall give to this Court concerning the Cafe now in
Queftion, fhall be the Truth, the whole Truth, and nothing but the
Truth; upon the Pains and Penalti s of Perjury.

2. And that in every other Cafe, where an Oath by Law is enjoined, the fame fhall and may be administered to them in the ufual Form in fuch Cafe by Law prefcribed, excepting inftead of the how and when Words, "fwear by the Name of the everliving God," thefe Words, viz. "folemnly, fincerely and truly affirm and declare," fhall be made Ufe of in the Room thereof; and omiting the ufual Close of thefe Words in the Form, viz. " So help you GOD.“

admitted.

Authority given to adminifter the affirmation.

Affirmation

of the fame validity of an oath.

Punishment

for falfe affirmation, &c.

3. And all Perfons authorized and required by Law to adminifter any Oath, are hereby authorized and directed to adminifter and tender the fame, when thereto by Law required, to the People called Quakers, in the Form in this A&t prefcribed.

4. And be it further enacted, That the aforefaid folemn Affirmation or Declaration, when made as aforefaid, fhall be adjudged and taken to be of the fame Force and Effect, to all Intents and Purposes in all Courts of Juftice and other Places, where by Law an Oath is required, within this State, as if fuch Quaker had taken an Oath in the ufual Form.

5. And if any Quaker making fuch folemn Affirmation or Declaration, fhall be lawfully convicted of having wilfully, falfly, and corruptly affirmed or declared any Matter or Thing, which, as for perjury. if the fame had been in the ufual Form, would have amounted to wilful and corrupt Perjury; every fuch Quaker fo offending, fhall incur the fame Penalties and Forfeitures as by the Laws of this State are enacted againft wilful and corrupt Perjury.

1

Rape. Rates.

An Act for the Punishment of Rape.

BE it enacted by the Governor and Council, and House of Reb

349

ed with death.

refentatives, in General Court affembled, That if any Man Rape punishfh all forceably, and without Confent ravish any Maid or Woman, by committing carnal Copulation with her against her Confent, he fhall be put to Death.

Provided, Complaint and Profecution be made forthwith upen Provifo. the Rape.

An Act providing for the Collection and Payment of

PAR. 1.

ery

Rates or Taxes.

BE it enacted by the Governor and Council and Houfe of

596

Reprefentatives in General Court affembled, That evInhabitant in this State fhall (unless by Law in any cafe ex- to contributete AllInhabitants empted) contribute to public Charges.both civil and ecclefiaftical public charge. whereof he doth or may receive Benefit; may and fhall be compelled thereto, if need be by Affeffment and Distress; to be levied and collected, as is or fhall be by Law provided.

2. And all Rates and Taxes that fhall be granted by the General Court; and all other Rates or Taxes of Counties, Towns, Societies, or any Community by Law enabled to grant and levy Taxes fhall be made by the fame Rule; THAT IS TO SAY, according and in Proportion to the general Lift of Polls and rateable Eftate from Time to Time given in, and made according to Law, except where another Rule of granting and levying Rates, Taxes or Affeffments is by Law provided in any particular Cafe or Cafes.

All rates to be made by one

rule.

warrants.

3. That whenfoever the General Affembly doth grant any Rate or Tax, to be levied upon the Inhabitants of this State, the Treafurer to Treasurer of this State for the Time being, is hereby empowered, fend forth his required and directed (without any further Notice to him given) to fend forth his Writs or Warrants in due Form at least three Months before the Time limited for the Payment thereof into the public Treafury, directed to the feveral Conftables, Collectors of luch Taxes within this State, them commanding, without fail, to collect and pay the fame into the public Treasury by the Time

fixed for that Purpofe; and in Cafe no particular Time is fpe- Directed to the cially fixed in the Grant of any Tax, as aforesaid for the Payment Constables. thereof into the public Treasury, the fame fhall be collected and paid in before the laft Day of Auguft, which fhall be in each Year refpectively.

Provided neverthelefs, That the faid Collectors fhall not proceed to levy or distrain for fuch Rates, or any Part thereof, till within two Months before the Day in which the fame is made payable into faid Treafury.

Provifo.

Collectorsneg.

4. And be it further enacted, That if any fuch Collector, fhall neglect fo to collect and pay fuch Rate or Tax, and his Account lecting, &c.

Sheriff.

Rates..

thereof with the Treasurer to fettle and adjuft, by the refpective Treasurer to Days or Times to that End limited, the faid Treasurer fhall, and iffue a diftrefs he is hereby directed and required. within four Months next afagainst them, directed to the ter fuch limited Time, to iffue forth a Diftrefs, directed to the Sheriff of the County wherein fuch Collector dwells, him in the Name of this State commanding, of the Goods or Eftate of fuch negligent Collector, the full Amount of fuch Rate or Tax, or fuch Part thereof as fhall then remain unpaid, to levy and pay to faid State Treasury, and for Want thereof to take his Body and him commit until the fame be paid, or he otherwife releafed by due Course of Law; which Writ fhall be made returnable to faid Treasurer, within fixty Days from the Date thereof; And it fhall be the Duty of fuch Sheriff fo to return the fame accordingly Sheriff's duty. duly certifying and fetting forth his Doings, touching fuch Colleftions thereon, or a Non eft inventus or Commitment as the Case may require. And every Sheriff to whom fuch Diftrefs or Warrant shall be directed, is hereby empowered and commanded to ferve the fame in and throughout all the Counties and Towns in this State agreeable to the Directions therein given.

5. And be it further enacted, That in Cafe of a Return of Non eft inventus or Commitment, as aforefaid, and the Money thereby to have been levied, or any Part thereof, fhall ftill remain unpaid non eft inven- into the Treafury, in fuch Cafe the Treasurer fhall forthwith iftus, or a com- fue a Diftress directed to the Sheriff as aforesaid, him requiring,

On return of a

mitment of

Collector.

fuch remaining Sum or Sums with all Officers Fees and Charges before fuch Time arifen, and to arife of the Goods or Eftate of the Select-men (or of any or either of them) of the Town to which fuch negligent Collector doth belong, to levy and pay into fue against fe- faid Treasury; which faid Writ fhall be made returnable within fixty Days.

Diftrefs to if

On return of non cft, &c.

Diftrefs to if

fue against In. habitants of

the Town.

6. And be it further enacted, That in Cafe of a Return of Non eft inventus, in Whole or in Part of the Distress iffued as aforefaid, against the Select-men of any Town, it fhall be the Duty of the Treasurer, forthwith to iffue a Diftrefs for fuch Part of faid Taxes as may remain unpaid, together with all Officers Fees and Charges before fuch Time arifen, against the Goods or Chattels of the Inhabitants of fuch Town.

7. And be it further enacted, That if faid Treasurer, fhall neglect Treasurer neg- to fend forth his Writ or Warrant to, or his Diftrefs against the lecting to iffue Collector neglecting to collect and pay as aforefaid; or on a Rewarrant or dif- turn of Non eft inventus, or Commitment, and the faid Rate or

trefs.

Tax remaining ftill unpaid, fhall neglect forthwith to fend forth. a Diftrefs against the Select-men of fuch Town where faid negligent Collector doth belong, or against the Goods or Chattels of the Inhabitants of fuch Town, as is above required; in every To forreit 67 fuch Cafe the faid Treafurer fhall forfeit and pay to and for the

dollars.

Ufe of this State the Sum of Sixty-feven Dollars and fo Sixty-feven Dollars more per Month, for every Month he fhall fo neglect and fail to iffue his Warrants or Diftreffes as aforefaid.

8. And be it further enacted, That in Cafe the faid Sheriff fhall. be guilty of any failure, breach or neglect of Duty in the Execu

Rates.

duty.

351

tion of his Office, in any of the Matters aforefaid, he fhall be fub- Penalty on ject to and fuffer the fame Pains and Penalties, and be proceeded Sheriff for againft in the fame Manner as is provided in one certain Statute neglecting his Law of this State. entitled, "An Act for appointing of Sheriffs, and for empowering and regulating them in the Execution of their Office."

9. And be it further enacted, That it fhall be the Duty of the State Attorney in the County where the faid Treasurer dwells, Duty ofState's Attorney to and he is hereby required to enquire after any and every fuch fue for all forNeglect, either of the faid Treasurer or any of the Sheriffs, touch- feitures, &c. ing the Matters aforefaid, and he is herby authorized, empowered and directed, in the Name of this State, to fue for and recover any Forfeitures and Damages that fhall accrue by Virtue of this Act, in any of the Superior or County Courts in fuch County.

10. And in Cafe any Forfeitures fhall be recovered by Virtue

of this Aft, the faid Attorney fhall have to himself as a Reward His compenfor his Faithfulness, after the Rate of Two and an Half per Cent, fation thereupon all fuch Forfeitures recovered as aforesaid, and the Reft and for. Refidue thereof he is hereby ordered to pay unto the faid Treafu

rer, taking his Receipt for the fame, and lodging faid Receipt To pay over. with the Secretary of this State; and the Money fo recovered and paid in as aforefaid, fhall become Part of the public Stock, in the Hands of the Treasurer, for which he fhall be accountable.

folvent, war

rant to iffue

11. And be it further enacted, That when and fo often as it fhall happen, that any Conftable, Collector as aforefaid, fhall prove in- When collect folvent or fhall not be able to pay the State Tax, or any Part or or proves InParcel thereof in his Hands, in fuch Cafe the Treasurer is empowered and ordered to iffue his Warrant, directed to the Sheriff againft felectof the County where fuch infolvent or deficient Conftable or men. Collector dwells, requiring him to levy and collect of the Selectmen, or any one of them, of that Town in which fuch infolvent Conftable is chofen as aforesaid, fuch Rate or Part or Parcel thereof as fhall then be in the Hands of fuch infolvent Conftable; which Sheriff receiving fuch Writ, fhall be and he is hereby empowered and required to ferve the fame throughout this State as aforefaid; and also shall pay what he fhall fo levy of fuch Select-men or Select-man, to the Treasurer as aforefaid.

Select-men

to tax the .town, to reim.

12. And the Select-men aforefaid fhall, and they are hereby empowered to levy a Tax or Rate upon the Inhabitants of the faid Town or Towns, according to the Lift of Polls and rateable Eftate therein that fhall be fufficient for the Payment of fuch burfe themRates or Part thereof as is recovered by faid State Treasurer of felves. fuch Select-men as aforefaid, with the Charges arifing thereon. And the faid Select-men fhall be accountable for faid Tax levied as aforesaid to their Succeffors in faid Office, or to fuch Perfon or Perfons as fhall be appointed by faid Town or Towns for that Purpose.

13. And in order that any Town or Select-men, in Cafe of the failing Circumftances of their refpective Collectors, may be enabled to avail Preamble. themelues of any Part of the Rate-Bills in the Hands of fuch Collec tors or of their Eftates, and thereby prevent the Lofs they may be expan fed to: