412

To certify their doings

to the county

court, &c.

Taverns.

15. And be it further enacted, That faid Authority and Selectmen fhall certify their Doings to faid County Court, and faid Court are authorized, upon due Application by fuch Tavernkeeper, to confider faid Caufe and may remove faid Sufpenfion, or continue the fame until the Expiration of the Year for which fuch Licence had been granted, as on due Enquiry fhall appear to be juft and reasonable and if no fuch Application fhall be made to faid Court, fuch Sufpenfion fhall remain and continue in Force until the Expiration of the Year, as aforefaid.

16. And be it further enacted, That in all Profecutions on this A&t before fuch Authority and Select-men, wherein such TavernAs allowed. keeper fhall be found in Fault and fufpended, he fhall

No taverner allowed to bring action,

None but fuch as have licence, al

lowed to fell liquers in fniali quanti

tles.

Taverners to

pay reafonable and neceffary Cofts, to be taxed by one or more of faid Civil Authority, who are alfo empowered to grant Execution accordingly; but if fuch Tavern-keeper fhall not be found in Fault and fufpended, fuch Coft fhall be taxed as aforefaid, and paid out of the Town Treafury,

profecute, &c.

One credible witnefs fuffi

17. Be it further enacted, That no Tavern-keeper, or Perfon licenced as aforefaid, to keep a public House of Entertainment, fhall be allowed to bring any Action against any Person what soever, to recover of fuch Perfon any Sum or Sums of Money, or any other Thing what foever, for any kind or quantity of Drink, fold to fuch Perfon and drank in fuch Houfe; unless the same be brought within two Days after fuch Sale and Drinking; unless the Perfon was a Traveller or Boarder at fuch Houfe.

18. And whereas divers diforderly Perfons oftentimes take upon them, and prefume to fell ftrong Liquors by Retail in fmall Quantities without Licence, and keep tipling Houfes, to the promoting of Tipling, Drunkennefs, Idlenefs, and many other Immoralities; and to the great Prejudice of Perfons orderly licenced, and under the Regulation of Law, for the Entertainment of Travellers and others legally and orderly requiring the fame. Which to prevent :

Be it further enalled, That no Perfon or Perfons what foever, dwelling in this State, (except fuch as have a Licence from the County Court of the County in which they dwell, for keeping a Tavern or public Houfe of Entertainment, as is in this Act provided) fhall be a common Victualler, Innholder, Taverner or Seller of Wine, Beer, Ale, Cyder, or any other strong Liquors, privately, by a lefs Quantity than a Quart of Wine, Rum, or other fuch trong Liquors, or a Gallon of Metheglin, Cider, Beer, or fuch like Drink, and that delivered and carried away all at one time, on the Penalty of for feiting and paying the Sum of Ten Dollars, for the firft Offence; and the Sum of Twenty Dollars for the fecond Offence: And fo double for every Breach of this A&t he fhall be convicted of; Which Fines fhall be difpofed of, Halfto him that complains and profecutes to Effect, and the other Half to the Town Treafury.

And it is elpecially recommended to thofe who keep licen ced Houfes, to profecute the Breaches of this Paragraph of this A&t. 19. And the Oath of one credible Witness fhall be fufficient cient to con- to convict any Perfon of retailing ftrong Liquor, as aforefaid, con Vict. trary to this Act.

Gran-jury

20. And be it further enacted, That the Grand-jurymen in the refpective Towns in this State, fhall from Time to Time make diligent Search and Enquiry after all Perfons who are reputed to fell men to fearch or vend ftrong Liquor by Retail in fmall Quantities, as aforefaid, &c. without Licence, as aforefaid obtained, and make Prefentment of all fuch Perfons to the next Affiftant or Juftice of the Peace; which Affiftant or Juftice fhall by a proper Warrant, cause fuch Perfon or Perfons fo prefented, to appear before him, and cause him or them, to give Bond with a Surety, to the Value of Thirtyfour Dollars, that he or they will not fell or vend any ftrong Drink by Retail in fmall Quantities, as aforefaid, without Licence firft had and obtained, and be of good Behaviour until the next County Court in that County; and also appear before the faid Court and take up faid Bond, unless said Court fhall fee Caufe to continue the fame; which the Court may do if they judge proper. 21. And if any fuch Perfon or Persons shall refuse to become bound as aforefaid, the Authority before whom he or they shall Refusing to give bond to be brought, fhall by Mittimus commit such Person or Perfons to be committed. the common Gaol in that County, there to remain at his or their own Charge, till he or they will give Bond as aforefaid.

An Act for the Punishment of Theft.

E it enacted by the Governor and Council, and Houfe of

B Reprefentatives, in General Court affembled, That

of theft.

PAR. 1. whofoever shall steal or purloin any Money, Goods or Chattels Punishment of and be thereof convicted, by Confeffion or other fufficient Evidence every fuch Offender fhall forreit and pay treble the Value of the Money, Goods or Chattels fo ftolen or purloined, unto the Forfeiture of Owner or Owners thereof; and be further punished by Fine, at treble the vathe Difcretion of the Court, Affiftant or Juftice that hath Cogni- lue, zance of fuch Offence, not exceeding Seven Dollars; and if the Fines Value of the Money, Goods or Chattels, fo ftolen, amount to the Sum of Three Dollars and Thirty-four Cents fuch Offender stealing the fame to that Value, fhall befide the aforefaid Forfeitures, be further punished by whipping, not exceeding ten Stripes for one Offence. And whoever fhall fteal or purloin any Money, In what cafes Goods or Chattels of the Value of Eighty-four Cents or of any is to be whipgreater Value under the Value of Three Dollars and Thirty-four ped.

Cents, and be thereof duly convicted and shall refuse or not be able to pay the Fine impofed, fhall be punished by whipping on the naked Body at the Discretion of the Court, Affiftant or Justice of the Peace, not exceeding ten Stripes.

the offender

to be bound

2. And if any fuch Offender be unable to make Reftitution or pay fuch three-fold Damages, fuch Offender fhall make Satisfac- In what cafes, tion by Service: And the Profecator fhall be, and is hereby em- out in fervice, powered to difpofe of fuch Offender in Service to any of the Citizens of the United States, for fuch Term as he fhall be affigned to fuch Profecutor by the Court, Affiftant or Juftice before whom the Profecution shall be,

414

Same punishment for receiving stolen goods, &c.

AfRant or

juftice to try, ot exceeding ten dollars.

Towns and Town-Officers.

3. And if any Perfon or Perfons fhall conceal any Theft (except the Fact be private, or committed by fome Member of his own Family) or fhall receive and conceal any ftolen Goods, knowing them to be fuch; he or they fo receiving and concealing, fhall and may be proceeded against as Principals, although the Perlon or Perfons who committed the Theft be not thereof convicted: Any Law, Ufage or Custom to the contrary notwithftanding.

4. And that every Affiftant or Juftice of the Peace in the County where fuch Offence is committed, or where fuch Offender is apprehended is hereby authorized and empowered to hear and determine all Offences against this Act, wherein the Value of the Thing ftolen doth not exceed the Sum of Ten Dollars.

441. 495

An Act relating to Towns and Town Officers.

455. PAR. 1.

B

E it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That Power to make the fettled and approved Inhabitants of every Town in this State, rules and or qualified and having Eftate as is hereafter in this Act provided, fhall have Power to make fuch Orders, Rules and Conftitutions as may concern the Welfare of their Town.

ders, &c.

Provifo.

Penalty for not obferving town orders.

Provided they be not of a criminal but of a prudential Nature, and that their Penalties exceed not Three Dollars and Thirty-four Cents for one Offence, and that they be not repugnant to the Laws and Orders of this State

2. And if any Inhabitants fhall neglect or refuse to observe, or fhall any Way tranfgrefs the fame, the Penalties appointed may be levied by Diftress, granted by an Affiftant or Justice of the

Peace.

3. That the faid fettled and approved Inhabitants, qualified as

405. aforefaid, in cach refpective Town, shall fometime in the Month

To meet in December, annually.

of December annually, meet and convene together, upon Notice given by the Select-men of each Town, or fuch others as they fhall appoint for that Purpofe; and being met, fhall choose a convenient Number, not exceeding feven of their Ihhabitants, able, difcreet and of good Converfation, to be Select-men or Townfmen, to take Care of and Order the prudential Affairs of their Town: And also shall nominate and choose a Town-Clerk or Register (who fhall enter and record all Town Votes, Orders, Grants and Divifions of Lands made by fuch Town, and all other Matters and Things which by Law are, or fhall be ordered to be entered and Town officers recorded in his Office,) alfo a Town-Treafurer, Conftables, Surveyors of High-ways, Fence-viewers, Lifters, fuch Number as they fhall judge convenient, Collectors of Rates, Leather-fealers, Grand-jurors, Tything-men, Haywards, Chimney-viewers, Gaugers, Packers, Sealers of Weights and Measures, Key-keepers, Select-men to and other ordinary Town Officers. fee they are

to be then ehofen.

fworn.

4. And the Select-men of each Town, fhall forthwith after fach Choice, fee that all thofe Officers of whom an Oath is by

Town and Town-Officers.

Law required, be fummoned and fworn to the faithful discharge

of their respective Offices and Trufts.

415

5. And all Votes, Acts, and Orders in fuch Town-Meeting, Major part ta fhall be made by the major Part of the qualified Voters prefent in determine, fuch Meeting; and being fo made fhall be deemed the Vote, A&,

or Order of the Whole.

Penalty 5 dols.

refufe, &c.

on those who

6. That every Perfon and Perfons being duly chofen as aforefaid, to ferve in any of the Offices aforefaid, who fhall refufe to ferve therein, and to take the Oath (if any by Law be required) to that Office belonging, if he be able in Perfon to execute the fame, fhall pay the Sum of Five Dollars to the Treasurer of the Town whereto he or they belong; except fuch Perfon Perfons fhall make it appear that he or they is or are oppreffed by &c. fuch Choice, and that others are unjustly exempted. Any one Affiftant or Juftice to hear and determine the fame.

or

One affiftant,

&c. to hear,

7. And every fuch Officer duly chofen by any Town, as aforefaid, having accepted (or not declared his Refufal to accept) the Penalty on Office he is chofen to, and that shall neglect the Performance of fuch as accept the Truft committed to him, and being thereof duly convicted & neglect, & before any one Affiftant or Juftice of the Peace, fhall be fined according to the demerit of the Caufe, not exceeding Two Dollars and Fifty Cents for one Offence.

8. And whereas often Times Sojourners, Inmates, young and other unqualified Perfons prefume to deal, vote and intermeddle with the Public Affairs of the Towns where they live, and thereby disturb and interrupt the regular Proceeding in Town Meetings.

Which to prevent :

Be it further enacted, That no Perfon that is not a lawful Inhabftant, a Houfholder, and that hath not a freehold Eftate rated in who qualif the common Lift at Nine Dollars, or perfonal Eftate rated in the ed, who nof, faid Lift at One Hundred and Thirty-four Dollars, befides his Per- &c. fon, and that is not of the Age of Twenty-one Years, fhall be allowed to vote, act, deal or intermeddle in any Town-Meeting in the choice of Officers, granting of Rates, or any other Town Affairs: And if any Perfon or Perfons not qualified as aforefaid, fhall prefume to vote, act, deal or intermeddle as aforefaid, contrary to this Act, every such Offender shall forfeit the Sum of Two Dollars and Fifty Cents for every fuch Offence: To be levied by Diftrefs and Sale of the Offender's Goods.

Provided always, That no Freeman of this State fhall by this Act, be debarred or hindred from voting in any Town-Meeting of that Town whereto he belongs; any Thing contained in this A&t to the contrary notwithstanding.

Provife,

9. Be it further enacted, That where there are any Precincts or Peculiars, fo called, they fhall in all Respects whatsoever, which Precincts to be have Reference to State, Minifters, or other Rates, be in the rated, &c.

fame Circumstances, and liable to the like Affeffments, and under

the Power of the fame Officers which the Towns are, where faid

Peculiars are by Law ordered to be rated.

10. And be it further enacted, That the Town-Clerks for the Time being be, and they are hereby fully authorized and empow

416

Town Clerks to adminifter oaths, in cafe.

To continue in office, &c.

Town-Clerks.

ered, in fuch Towns wherein there is no Affiftant or Justice of the Peace refident, from Time to Time to adminifter the Oaths that by Law are provided for that End, unto the respective Officers of fuch Towns, that by Law ought to be fworn to the faithful Discharge of their faid Offices.

11. And that Town Clerks being chosen and once fworn, fhall continue in their Office until other Perfons are chofen and fworn in their Room..

12. And that upon the Refufal, Death, or Removal of any Officer remov- Town-Clerk, or other ordinary Town Officer in any Town in this ed new to be State, fuch Town may affemble together and choose a-new to fill fuch vacant Place.

chofen.

Town Clerks

to tranfmit

up

13. And be it further enacted, That the Town-Clerks in each of the refpective Towns in this State, fhall annually, in May, fend annually, &c. to the Treasurer of the State, the Names of the Perfons in their names of colrespective Towns, who are chofen Constable to gather the State Rate.

Jectors, &c.

14. And if any Town Clerk fhall neglect his Duty herein, he fhall pay a Fine or Three Dollars and Thirty-four Cents; one Half thereof to the Complainer, who fhall prosecute to Effect, and the other Half to the Treasurer of the Town wherein fuch Clerk dwells.

to record marriages,

births, deaths, &c.

An Act concerning Town Clerks Office and Duty.

PAR. I.

BE

E it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That the Town Clerk or Regifter of every Town in this State, fhall record Town Clerks all Marriages, Births and Deaths of Perfons in their Towns; and that all Parents, Mafters, Executors, and Administrators refpe&tively, fhall bring in to the Regifter of the Town to which they belong, the Names of fuch Perfons belonging to them as either fhall be born or die: And alfo every new married Man fhall bring the Time of his Marriage fufficiently proved, either by Certificate from him that married them, or by other legal Proof, to the Regifter within one Month after fuch Birth, Death or Marriage; and every Perfon neglecting fhall forfeit Sixty-feven Cents; and for every Month after the faid firft Month, Sixty-feven Cents a Month wherein it is neglected.

And give an

account te

2. And the Regifters of every Town fhall, as far as they can come at, give in an Account of all fuch Neglects to the Grand-jury, who shall make Presentment thereof to the next Affiftant or grand-jurors Juftice of the Peace in the County; which Forfeitures fhall be of neglects, paid to the Town Treasurer.

&C.

Suitable books

to be provided, &c.

3. Be it further enacted, That there shall be a fuitable Book or Books for regiftring kept in each Town in this State, with an Index or Alphabet to the fame, containing the Names of the Grantors and Grantees, and alfo of the Grantees and Grantors in alphabetical Order; in which Book or Books the Town Clerk or Re