tering the fame; and Seventy Cents for every Log or Stick of Timber which exceeds that Length, Four Cents and Two Milles whereof to be paid to the Clerk, as aforefaid.

away when

22. And that no Owner or Owners of fuch Logs, Timber, Shingles or Staves fhall take away any fuch Logs, Timber, Shin- Forfeiture for taking them gles or Staves, taken up, fecured and entered as aforefaid, until he has paid the Fees aforefaid, on Penalty of forfeiting and paying fecured. to him or them that took up, fecured and entered the fame, as aforefaid, the Sum of One Dollar and Sixty-feven Cents for each Log or Stick not exceeding thirty Feet in Length, and the Value of the Shingles and Staves fo taken up, fecured and entered, as aforefaid, and Seventeen Dollars for cach Log or Stick of Timber above thirty Foot long.

23. And if no Owner appear to challenge, and make out his If no owner Claim thereto within fix Months next after the Entry thereof, it 6 months to appear within fhall and may be lawful for him or them that took up, fecured befold, &c. and entered the fame to dispose thereof to his or their own Use, without being accountable to the Owners thereof.

24. And when any Dispute fhall arife in any Action brought Difpute how on this Act, it fhall and may be lawful for the Court, Affiftant, to be adjusted. or Juftice of the Peace before whom the Trial may be, to proceed to examine the Parties under Oath, and all other Evidence produced; and to make up fuch Judgment therein as to them fhall appear equitable and just.

25. And whereas there might be confiderable Profit arife by floating of Timber down that Rivulet called Windfor-River, were there proper Provifion made for detecting and punishing fuch as privately take up and difpofe of faid Logs, &c. floating down faid River:

Wherefore,

Be it enacted, That whofoever fhall ftop or take up any Sawmill Logs or other Timber floating down faid River being fairly Penalty for marked, without the special Direction or Order of the Owner or &c. floating ftopping logs, Owners of fuch Logs or Timber, before fuch Logs or Timber have down Windpaffed by the Bridge, fet a-crofs faid River, in the first Society in for ferry riv Windfor, fhall for every Log or Stick of Timber thus ftopped, er, &c. pay to the Owner or Owners of laid Logs, &c. the Sum of One

Dollar and Sixty-feven Cents.

26. And it is further enacted, That whofoever shall deface the

Marks made on faid Logs or Timber, or any Way difpofe of, or fell the fame, fhall forfeit and pay to the Owner or Owners defacing Penalty for thereof, for each Offence, the Sum of One Dollar and Sixty-feven marks on Cents, and double the Value of faid Logs or Timber thus difpofed logs, &c. of, or whofe Marks fhall be purpofely defaced. And when any Dispute fhall arise, in any Action brought on this A&t, it shall and may be lawful for the Court, Affiftant, or Juftice of the Peace before whom the Trial may be, to proceed to examine the Parties under Oath, and all the Evidence produced, and to make up fuch Judgment therein, as to them fhall appear juft and equit

able.

27. And in order to compenfate for the Damage being done to the Proprietors and Owners of the Lands and Meadows adjoining faid

428

Lumber float

Trefpaffes.

Windfor-River, by Reafon of the Logs, &c. being carried thereon by the Floods:

Be it further enacted, That when Saw-mill Logs, Timber, Staves or Shingles, floating down faid Windfor-River, fhall be carried on to, and lodge on the Meadows or improved Lands of any particular Perfon, it fhall be the Duty of the Owners or Poffeffors of fuch ing down faid Lands or Meadows whereon fuch Logs, Timber, Staves or Shinriver how dif- gles are lodged, to enter an Account of the fame on the Records pofed of. of the Town Clerk of the Town where fuch Lands lie, within thirty Days next after fuch Logs, Timber, Staves or Shingles fhall be found lodged, as aforefaid, with the particular Marks thereof and Length of the Timber or Logs, and the Place where the fame are lodged, as aforefaid; and the Owner of such Timber, Logs, &c. fhall (on proving his Property therein) have Liberty to carry off his Timber, Logs, &c. lodged as aforefaid, on paying the Owners or Poffeffors of fuch Lands his or their reasonable Damages fuftained by faid Timber, &c. remaining on, and in carrying the fame off faid Lands; to be affeffed by the next Af fiftant, or Justice of the Peace, in Cafe the Parties do not agree; and alio Eight Cents and Three Milles for entering the fame on Record as aforelaid.

No owner appearing in 9 months after record, may

be appropri ated, &c.

Perfons re

moving tim

28. Be it further enacted, That if no Perfon appear to claim and carry off the faid Logs, Timber, Staves, or Shingles within nine Months after the Record thereof made as aforefaid, the Owner of fuch Lands whereon the fame are lodged as aforefaid, may appropriate the fame to his own Ufe; any Law, Ufage or Custom to the contrary notwithstanding.

29. Be it further enacted, That if any Perfon or Perfons fhall, without Liberty firft had of the Owners or Poffeffors of the Lands or Meadows whereon fuch Timber, Logs, Staves or Shinber, &c. with. gles are lodged, and the Marks recorded as aforelaid, attempt to remove the fame; or without firft paying reasonable Damages, and faid Sum for recording as aforefaid; fuch Person or Perfons fo offending, fhall forfeit and pay to the Owner or Poffeffor of fuch Lands or Meadows, the Value of fuch Timber, Logs, Staves or Shingles fo attempted to be removed; to be recovered by Bill, Plaint or Information,

out leave, to forfeit the value.

Preamble.

An A&t in Addition to an A&t, entitled, "An A& for detecting and punishing Trefpaffes in divers Cafes, "and directing Proceedings therein."

EENACTED IN OCTOBER 1785.]

WHESEAS great Damage, Lofs, and Expence have been occafioned to the Owners of Mafts, Yards, and Spars floating down Connecticut River, by their being taken up, and towed into By-places.

Eit enacted by the Governor and Council, and Houfe of Reprefen tatives, in General Court affembled, That from and after the

Vexatious Suits. Vice

429

rifing of this Affembly, no Perfon or Perfons fhall ftop, take up, No maft, &c. or interrupt any Maft, Yard, or Spar, which exceeds forty Feet which exceeds 40 feet in Length, floating down Connecticut-River, within this State, in length, aabove Middletown, unless authorized thereto by the Owner, ex- float in Concept he or they carry the fame into the Cove at Wethersfield. necticut-riAnd whoever fhall ftop, take up, or interrupt any Maft, Yard, ver, to be taor Spar, contrary to this Act, fhall be liable to double Damages Middletown ken up above that may accrue to the Owner of faid Maft, Yard, or Spar, to be unlefs, &e. by him recovered in any Court within this State proper to try the fame.

An Act for preventing and punishing vexatious Law

PAR. 1.

BE

Suits.

E it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That for vevatious Penalty 7 dols. whenfoever any Plaintiff fhall wittingly and willingly wrong any fuits, and to Defendant, by commencing and profecuting any Action, Suit, pay treble Complaint or Indi&ment in his own Name, or in the Name of damages. others, with Intent unjustly to vex and trouble fuch Defendant, fuch Plaintiff being legally convicted thereof, fhall pay treble Damages to the Party grieved, and be fined the Sum of Seven Dollars, to the Treasurer of the County.

Third offence

2. And for the third Offence in that Kind, he shall be judged how punished. and proceeded against as a Common Barṛator.

An Act for the more effectual putting in Execution the Laws against Vice, Immorality and Profanenefs, and for promoting Chriftian Knowledge.

WHEREAS putting in Execution the good and wholefome Laws, made for refraining, punishing and fuppreffing profane, immoral and irreligious Practices in this State, and promoting Chriftian Knowledge, will greatly tend to the honor of Religion, the Peace and good Order of human Society, and to fupprefs Vice and Wickedness: Therefore, that the fame may be more generally and effectually

PAR.

1.

done;

Preamble.

E it enacted by the Governor and Council, and Houfe of Duty of the civil authority herein.

B Reprefentatives, in General Court affembled, That

all Judges and Juftices of the Peace in the respective Counties in this State, be, and they are hereby required to be diligent and careful in putting in Execution all fuch Laws and Acts as are or fhall be made in this State, for the punishing, reftraining or fuppreffing any Profaneness, Immorality, or irreligious Practices or Disorders, that thereby the good Ends propofed in fuch Acts and Laws may be attained.

2. That the Select-men from Time to Time, fhall make dili- Of the felectgent Enquiry of all Houfholders within their respective Towns,mcn.

have bibles in

Houfholders to how they are furnished with Bibles; and if upon fuch Enquiry their families, any Houfholder be found without one Bible at least, then the Select-men fhall warn the faid Houfholder forthwith to procure one Bible at leaf, for the Ufe and Benefit of their Families refpectively: And if the fame be neglected, then the said Select-men fhall make Return thereof to the next Authority, who may deal with fuch Houfholder's Family according to the directions of the Law relating to the educating and governing of Children.

for neglect, how dealt

with, &c.

And with catechifms, &c.

Conftables,

3. And all fuch Families as are numerous, and whole Circumftances will allow thereof, fhall be fupplied with Bibles according to the Number of Perfons of Capacity to use the fame in fuch Families; and with a fuitable Number of Orthodox Catechifms, and other good Books of practical Godliness, and the like.

4. That the Conftables, Grand-jury-men and Tithing-men in the refpective Towns in this State, fhall, and they are hereby re&c. to make quired to make diligent Search after, and Prefentment make of all Frefentment, the Breaches of the Laws which relate to their Office or Offices relpectively.

&c.

Conftables &

5. And the Conftables, and Grand-jury-men in the respective Towns fhall, on the Evenings after the Lord's-Day, and other grand-jury- public Days of religious Solemnity, walk the Street, and duly fearch all Places fufpected for harbouring or entertaining any People or Perfons affembled contrary to Law.

men.

Civil authority, &c. to meet annually on the firft Monday of January, and third Monday of June, to advife, &c.

6. Be it further enacted, That the Juftices of the Peace, Grandjurors, Conftables and Tithing-men in the refpective Towns in this State, fhall annually meet in the respective Towns to which they belong, on the first Monday of January, and on the third Monday of June, at the Place where their annual Town-Meetings are held, or at fome other Place by them appointed, there to advise, confider, and use their joint Intereft in fuppreffing Profaneness, Vice, and Immorality; and for the due Execution of all the Laws of this State, to which their refpective Offices have Relation.

7. And be it further enacted, That the Town-Clerk of each refThis act to be pective Town in this State, at the opening of the public Townread annually Meeting for electing Town-Officers in December annually, if preing in Decem- fent, and in his abfence the Select-men for the Time being, who fhall be prefent, fhall read, or caufe to be read this Aft, and every Paragraph thereof publicly in faid Meeting,

in town meet

ber.

8. And if fuch Clerk, being prefent, or fuch Select-men prefent in the Clerk's Abfence, fhall neglect or refuse publicly to read, or cause to be read this Act; then the faid Clerk or Select men in refusing or neglecting, fhall forfeit and pay the Sum of Three Dollars and Thirty-four Cents; one Half to the Complainer, who fhall profecute to Effect, and the other Half to the TownTreafury.

9. And the Conftables and Grand-jury-men are directed to inConftables & quire after, and due Prefentment make of all Breaches of this A&t, make prefent to fome Affiftant or Juftice of the Peace; who are hereby empow ered to hear and determine the fame,

grand-jury to

meat,

་

An A&t for restraining the taking of exceffive Ufury.

PAR.

1.

B

E it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That no Person or Perfons what foever, upon any Contract made, fhall Six per cent. lawful intereft take, directly or indirectly for loan of any Monies, Wares, Mer- for monies chandizes, or other Commodities whatsoever, above the Value of loaned. Six Dollars, for the Forbearance of One Hundred Dollars, for a Year; and fo after that Rate for a greater or leffer Sum, or for a longer or fhorter Time.

2. And that all Bonds, Contracts, Mortgages and Affurances All bonds &c. whatsoever, made for the Payment of any Principal, or Money forfeited when lent, or covenanted to be lent upon, or for Ufury, whereupon or more is taken. whereby there shall be referved or taken above the Rate of Six Dollars in the Hundred, as aforefaid, fhall be utterly void.

3. And all and every Perfon and Persons whatsoever, who shall take, accept, and receive by Way or Means of any corrupt Bargain, Loan, Exchange, or by covín, or deceitful Conveyance, or by any other Way or Means whatsoever, for the Forbearance, or giving Day of Payment for one whole Year, of and for their Mon- Penalty for taey, or other Thing or Things above the Sum of Six Dollars for the king unlawful Forbearance of One Hundred Dollars for a Year; and fo after intereft, forthat Rate for a greater or leffer Sum, or for a longer or fhorter feiture of the value, &c. Time, fhall forfeit and lofe for every fuch Offence, the full Value of the Goods and Monies or other Thing fo lent, exchanged, bargained, fold or agreed for; one Moiety thereof to the public Treafury of this State, the other Moiety to the Informer whỏ fhall fue for and profecute the fame to Effect.

4. And whereas many Perfons, not contenting themfelves with juft and reafonable Gains, or Intereft for Goods fold or Money lent, do ufe many fubtil and clandeftine Methods to opprefs their poor Debtors, by inducing and compelling them to give great and unlawful Sums for Forbearance; and to effect the fame, take Advantage of the Diftrefs and Poverty of their Debtors to induce them to conceal from Witnesses the real Confideration of the Securities given.

For preventing of which,

Grand-jurors

Be it enacted, That the Grand-Jurors in their refpective Pres cincts, fhall make Enquiry after all Persons that are of evil Name and Fame for oppreffing their poor Debtors or Borrowers, or of taking exceffive Intereft for Forbearance, and fhall present such Perfon or Perfons to the next Affiftant or Juftice of the Peace, as being guilty of faid Crimes: and if thereupon fuch Perfon or Perfons fhall not fatisfy the Authority before whom he or they prefent. to enquire and are brought to be examined, that he or they are not guilty, fuch Authority may bind over such Perfon or Perfons, with two good Sureties, in a Recognizance, not exceeding the Sum of Three Hundred and Thirty-four Dollars, to appear at the next County Court in that County where he or they dwell, to answer to faid Presentment, and abide the Judgment of the Court thereon.

5. And if fuch Perfon or Perfons refufe to become bound as a Refusing to forefaid, the faid Authority fhall commit him or them to the com- give band,