Rates. 357 34. That whenever any Sheriff fhall commit any Peifon or Fees for Perfons to Prifon, by virtue of fuch Warrant, he fhall be allowed committing to prifon. befides his faid Mileage, the fame Cofts for his Affiftance as is by Law allowed for executing Writs of Execution; and fhall alfo be allowed upon any fuch Commitment, and for a Copy of his Diftrefs or Warrant, one Dollar on every fuch Warrant, not exceeding three hundred and thirty-four Dollars, and one Dollar on every subsequent three hundred and thirty-four Dollars, contained in such Warrant, and which fhall appear to be due at the Time of commitment; which Fees and Cofts fhall be diftinctly On return of charged by laid Sheriff on every Warrant which they fhall re- non eft inventurn to the Treasurer. And in Cafe of a Return of non eft inven- tus. tus on any fuch Distress and Warrant, the Sheriff fhall be entitled to Mileage or travelling Fees only. 35. That the Treasurer of the State, whenever he fhall iffue an Former fees to alias Diftrefs or Warrant in confequence of fuch Commitment, be included in fhall infert under the title of Cofts, the amount of fuch Fees and alias diftrefs, . Cofts lawfully charged. 36. And be it further enacted, That when real Estate fhall be Real estate tataken for the payment of Rates in Manner aforefaid, the Officer ken for rates, taking the fame fhall proceed to fell and dispose thereof at public to be fold at Auction, fufficient for the payment of fuch Rates or Taxes, char- auction. ged against the Owners thereof, and to fatisfy the legal Cofts and Fees thereon. Provided nevertheless, That the Time and Place of Sale for payment of fuch Taxes, fhall be advertifed by the Col- Provifo. lector, three Weeks, in fome public Newspaper in this State, at leaft fix Weeks before fuch Sale: And whenever any real Estate To be advertifhall be thus fold by virtue of this Act, the Collector of such Tax fed. or Taxes fhall make and give to the Purchaser a Deed of Warranty thereof; And if the faid Proprietor or Proprietors, whether original or after Purchafer or Purchafers, or any Creditor or Creditors attaching fuch Eftate, or their Heirs, fhall not within twelve Months next after fuch Deed is lodged in the Town Time of redcmption. Clerk's Office, pay and fatisfy, or tender to the Perfon fo purchafing of fuch Collector, the purchase Money, together with all Cofts and Charges, and double Intereft thereon arifing, the fame fhall be recorded; and thereupon the Title become confirmed to and in fuch Purchafer, his Heirs and Affigns forever. 37. And be it further enacted, That for the future it fhall and gage. may be lawful for any Creditor, or Creditors to any Person whose Creditors may real Eftate has been fold for Taxes, and not redeemed within the redeem and Time limited (by faid Proprietor, or Proprietors, or their Heirs, hold as a mort or Reprefentatives, or other Perfon attaching, previous to the Sale made for faid Taxes) to redeem the fame in the fame Manner, as is provided for, the Proprietor or Proprietors, on whose account fuch Sale was made, and fhall hold the fame as a lien for Security in nature of a Mortgage, for fo much as he fhall advance for the Redemption thereof, and which fhall be firft paid out of the Avails of faid Estate before any other demand whatsoever. 38. And be it further enacted, That where any Creditor to the real Owner, or Owners of fuch Eftate, in order to clear the fame To be repaid from the Taxes, fhall advance and pay the public Demands there. principal and on, whether before the Sale of fuch Estate at Auction, or after, double inte es. other eftate can be found. fhall be paid out of the Avails of fuch Eftate, or otherwise, the full value of the Monies, or whatever else he has fo advanced, and double intereft thereon, before faid Eftate fhall be cleared of that Incumbrance. 39. And be it further enacted, That all the real Eftate that any All real estate one is feized and poffeffed of, in his own Right in Fee within this liable for tax- State, fhall be liable to, and ftand chargeable with all the public Taxes due from the Owner thereof, and thall remain as a lien thereon, until the fame are fully paid, notwithstanding any fubfequent But not after a Sale or Transfer thereof, or any Attachment thereon. Provided transfer, if nevertheless, That no real Estate shall be liable to be fold for Taxes, after a legal Transfer has been made of the fame, and entered for Record, or an Execution or Attachment has been duly levied Nor for taxes thereon, and lodged in the Town Clerk's Office, of that Town en a lift made wherein fuch Land lies, where other Eftate can be found, within up after the the Limits of fuch Town, fufficient to fatisfy the fame, with the transfer. legal Coft arifing thereon; nor fhall any real Eftate, which has been levied upon, or transferred as aforefaid, be liable to be fold for the payment of any Taxes arifing upon any Lift made up afyear after due. ter fuch Transfer or Levy. And no real Eftate fhall be liable to be fold for payment of any Taxes, for more than one Year, after fuch Taxes become due. Nor for taxes more than a Rates to be time fet. 40. And all Collectors of Rates fhall collect and pay the Rates, by them to be collected, according to fuch Time and Order as collected and fhall be agreed upon, and determined by thofe who grant the paid by the Rate. And in Cafe any Collector or Collectors fhall not perform the truft committed unto him or them, according to Law, he or they shall be accountable for fuch Rate, or fuch Arrears thereof, fo by him or them neglected to be gathered, and paid as aforefaid. And the Select-men of each Town, and the Committee of each Society, or other Community, are hereby empowered to demand fuch Arrearages of their refpective Collectors; and on failure of payment, may make application to any Affiftant or Juftice of the Peace for a Warrant against fuch negligent Collector as aforefaid, agreeably to the directions aforefaid. And it fhall be lawful for fuch Affiftant or Juftice to grant out fuch Warrant against the Goods, Chattels, Lands, and Body of fuch negligent Collector, in the fame form, and to be proceeded with in executing the fame, in the Manner as by Law is provided for the levying of Executions. In cafe of neg lect, felect men &c. may have warrant against collectors. Preamble. Taxes on nonrefident's lands, &c. where payable, &c. 41. And to prevent Difputes that may arife refpelling the Rates or Taxes arifing and levied on Lands in Ecclefiaftical Societies belonging to Proprietors, non-refident in fuch Societies, and to direct where the payment for fuch Land, fhall be made. Be it further enacted, That all Taxes arifing, and that fhall be levied upon Land lying in any Ecclefiaftical Society in this State, belonging to any fuch non-refident Proprietor or Proprietors, and in the fame Town, fhall be paid by him or them in that Society, and for and by order of that Society only, to which he or they belong, and is or are refident in, according to his or their Rates. Lift in the grand Levy; except only where fuch non-refident 359 that live in 42. And be it further enacted, That if any fuch non-refident Proprietor or Proprietors live in any other Town than that in Non-refidents which fuch Lands lie, he or they fhall pay for the fame in, and other towns, to that Society in which fuch Lands lie; and that when fuch to pay where Lands lie, in two or more Societies, in any other Town than the land lies. that in which fuch Proprietor or Proprietors live, then and in every fuch Cafe, he or they in their Lift annually given in, fhall particularly therein mention the fort and quantity of his or their Lands in each of fuch Societies refpectively, and shall pay therefor in fuch refpective Societies accordingly. 43. And whereas this Affembly have granted, and in fome Cafes may hereafter grant, particular Taxes on the Lands lying in new Towns and Societies, for the fpeedy and more equal Settlement of the fame; for the effectual Collection of which: Be it further enacted, That whenever this Affembly shall grant Preamble. a particular Tax to be levied on the Lands in any fuch Town or Society taxes, Society, the fame shall be demanded as other Rates or Taxes by by fpecial a of affembly, Law ought to be; and if the Owner or Owners of fuch Lands do how collected. not pay the Collector chofen or appointed to gather the fame, fuch Collector may apply to fome Affiftant or Juftice of the Peace, who fhall grant him a Warrant for that Purpofe; by force whereof fuch Collector may proceed to levy the Tax or Taxes not paid, in the fame Manner as Town or Society Rates and Taxes are to be levied. Always provided, That if any Owner of Lands fo Provife. taxed, be or fhall be taxed greater or more than the Tax laid by the Affembly, the County Court of that County wherein fuch Lands lie, upon Complaint thereof made by fuch Owner of Lands, may grant Relief to him against fuch Collector, Town or Society, according to the Wrong they fhall find done by fuch taxing or levying; and tax Cofts to the Perfon unneceffarily vexed thereby. Provided alfo, That if any Perfon or Perfons, fhall by any Provife. Town, Society or other Community, be affeffed wrongfully, or more than his or their Proportion, he or they fhall have remedy by the County Court of the fame County whereto he or they belong, upon proof made thereof; any Thing in this Act to the contrary in any wife notwithstanding. 360 Replevins. Rights fecured. 44. And be it further enacted, That the Treasurer of this State, Treasurer to in granting Execution against any Collector of State Taxes, from include in one whom Arrears of feveral Taxes are due, fhall include in one Exexecution as ecution as many of fuch Taxes as circumftances will admit, therein fpecifying the Sum due on each, and any other Matters refpecting the fame that may be neceflary for directing the Sheriff in the levy of fuch Execution. many taxes as may be. Collection of taxes limited to 3 years. Provifo. Provifo. cafes, except, &c. 45. Be it further enacted, That no Collector of State Taxes fhall be allowed from the Date of his refpective Warrants, more than three Years to make his Collection of fuch Tax or Taxes. Provided nevertheless, That fuch Collection may be made at any Time after the Date of faid Warrant, of all Perfons removed out of this State, leaving no Property within the fame. Provided alfo, That Executors of the Wills, and Administrators on the Eftate of deceafed Collectors, fhall be allowed the Term of two Years from the Time of their being capacitated as aforefaid, to make Collection of Taxes due to fuch decealed Collectors, (and then by Law collectable) as fhall come into their Hands for Collection, by virtue of their Appointment. upon An Act concerning Replevins. E it enacted by the Governor and Council, and Houfe of Repre fentatives, in General Court affembled, That every Man fhall Liberty to re- have Liberty to replevy his Cattle, or other Goods and Chatte s plevy in all impounded, diftrained, attached, feized or extended (unlefs it be Execution after Judgment, and in payment of Fines and Rates; or for fome Caufe or Matter cognizable and triable before the Admiralty and Maritime Courts) provided he put in and give good and fufficient Security to profecute his Replevin to Effect, and to fatisfy and anfwer fuch Damages, Demands and Dues as the adverfe Party fhall by Law recover against him. Provifo. An Act fecuring equal Rights and Privileges toChrif PAR. 1. BE it enacted by the Governor and Council, and Houfe of in future, whenever any Perfon fhall differ in fentiments from Certificates to the Worship and Miniftry in the Ecclefiaftical Societies in this be lodged with State, conftituted by Law within certain local Bounds, and fhall fciety clerks. choose to join himself to any other denomination of Christians, which fhall have formed themselves into diftin&t Churches or Congregations, for the Maintenance and Support of the public Worship of God, and fhall manifeft fuch his choice, by a Certificate thereof, under his Hand lodged in the Office of the Clerk of the Society to which he belongs-fuch Perfon fhall thereupon, and fo long as he shall continue ordinarily, to attend on the Wor Riots. fhip and Miniftry, in the Church or Congregation, to which he has chofen to belong as aforefaid, be exempted from being taxed for the future Support of the Worfhip, and Miniftry in fuch Society. 361 Powers of 2. Be it further enacted, That all fuch Churches and Congregations, which have, or fhall have, formed themselves as aforefaid, and who fhall maintain and attend public Worfhip, by them- Churches and felves, fhall have Liberty and Authority to exercife the fame Congregations Powers, for maintaining and supporting their respective Minif- formed. ters, and for building and repairing their Meeting-Houses, for the public Worship of God, as the aforefaid Societies by Law have, and do exercife and enjoy; and in the fame Manner, may commence and hold their Meetings, and transact their Affairs, as Occafion may require for faid Purpose. Certain Per 3. And every Perfon claiming the benefit of this Act, fhall be fons to vote difqualified to vote in any Meeting of fuch Society, fave only in only for fupMatters, which relate to the Maintenance and Support of Schools. portofSchools. An Act for preventing and punishing Riots and Riot ers. E it enacted by the Governor and Council, and Houfe of B Reprefentatives, in General Court affembled, That Three perfons unlawful act, PAR. 1. when three Perfons or more, fhall come or assemble themselves or more affemtogether, to the Intent to do any unlawful Act, by Force and Vi- bling to do an olence against the Perfon of another; as to kill, beat, or other to be punished ways to hurt, or against his Poffeffion or Goods, as to break open as rioters, &c. or to pull down any House or Fence wrongfully, or to cut or take away any Corn, Grafs, Wood or other Goods wrongfully, or to do any other unlawful Act with Force or Violence against the Peace, or to the manifeft Terror of the People, and being required or commanded by any of the Civil Authority, or by any Sheriff or Deputy-Sheriff, or by any one or more of the Select-men or Conftables of any Town where fuch Affembly fhall be, by Proclamation to be made in the Name of this State, in the Form herein after directed, shall not difperfe themselves, and peaceably depart to their Habitations or to their lawful Bufinefs; or being fo affembled as aforefaid shall do any unlawful A&t against any Man's Person, Poffeffion or Goods, or against the public Intereft in any Particular, in Manner as aforefaid, and be thereof convicted by due Course of Law, before the County Court, or before the Superior Court, in the refpective Counties where faid Offence is committed, fhall be punished by Fine, not exceeding, for each Perfon concerned therein, the Sum of Thirty-Four Dollars; Im- Fine. prifonment, not exceeding fix Months; or by Whipping, not Imprisonmenta exceeding forty Stripes: All or any of faid Punifhments at the At the difcre Discretion of the Court that hath Cognizance of fuch Offences, tion of the as the Nature and Circumftances of the Facts shall require. court. |