fed as aforefaid, and other Circumstances be fuch as the Court who have Cognizance of the fame fhall fee Reafon to judge him innocent, and acquit him thereof; in which Cafe they shall and may otherwise dispose of such Child.

bind to court.

2. And every Affiftant or Juftice of the Peace, (upon his Difcretion) may bind to the County Court, him that is charged with Affiftant or begetting fuch baftard Child: Ánd if the Woman be not then de- juftice may livered, the faid County Court may order the Continuance.or Renewal of his Bond, that he may be forth coming when fuch Child is born,

3. And be it further enacted, That the Selectmen of any Town interefted in the Support of fuch baftard Child, (where fufficient Select-men to Security fhall not be offered, to fave faid Town from all Charge profecute in and Expence for the Support of fuch Child or Children) and the cafe, &c. Woman omits to bring forward her Suit to recover Maintenance, may bring forward a Suit in Behalf of fuch Town against him who shall be accused of begetting fuch Child; and may alfo take and purfue any Suit begun by the Mother of fuch Child for Maintenance thereof, in Cafe he fhall fail to profecute the fame to final Judgment.

up

An Act to prevent the taking and ufing of Boats and Canoes, without Leave of the Owner.

PAR. 1. BE it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That whoever fhall take and ufe any Kind of Boat, or Canoe belong- Penalty for ing to any other Perfon, other than fuch as fhall be taken up go- ufing boa s. taking and ing a-drift, and loofe from any Shore, or found when driven away and loft, without Liberty from the Owner or Owners thereof, fhall for every fuch Offence, forfeit and pay to the Owner or Owners thereof, the Sum of One Dollar, over and above the Damages fuch Owner or Owners fhall fuftain by his or their Boat or Canoe being taken and used as aforefaid, to be recovered by an Action of Debt.

An Act for regulating the Affize of Bricks.

PAR. 1. B Representatives, in General Court affembled, That

E it enacted by the Governor and Council, and Houfe

the Length of all Bricks, made within this State, fhall be full eight Inches; and their Breadth four Inches; and their Thicknefs two Inches.

Bricks

length, &c.

2. And the upper Side of every Mould used to make Bricks in, or that Side on which they are struck, shall be shod, or plaited Mould to be with Iron.

fhod.

56

Forfeiture.

Preamble.

Towns to have their

bounds fetout

Bounds of Towns.

3. And whofoever fhall put up to Sale any Bricks that are not made according to this Act, fhall forfeit all fuch Bricks, or the full Value thereof: One Half to the Complainer, and the other Half to the Treafury of the County wherein the Offence is committed.

An A&t for afcertaining the Bounds of Towns, and the
Lands of particular Perfons.

Forafmuch as the Bounds of Towns, and the Lands of particular
Perfons are and ought carefully to be maintained, kept up, and ren-
dered manifeft and certain: Therefore,

B

PAR. 1.
E it enacted by the Governor and Council, and House of
Reprefentatives, in General Court affembled, That
every Town in this State fhall procure their Bounds to be let out;
which fhall be done by fuch Marks and Boundaries as may be a
plain Direction for the future: Which Marks and Boundaries
fhall be a great Heap of Stones, or a Ditch of fix Feet long, and
two Feet and Half wide, of ordinary Depth, at every Corner of
the Township; and in the Lines drawn, or running from Corner
to Corner, one fuch Mark at leaft, in every eighty Rods.

2. And when their Bounds are carefully fet out as aforefaid, two or more Perfons fhall by the Select-men of each Town, be appointTowns to re-ed to renew the Bounds between their Towns, at least once in evnew their bounds.

Penalty for neglect.

Notice how given.

ery Year, either in the Month of March, April, October or November, upon penalty of Fourteen Dollars Forfeiture, to be incurred by every Town who fhall neglect the fame; the one Half of which Forfeiture fhall be to the Use of the neighboring Town with whom they do refufe or negleft to join in Perambulation, or renewing the Marks, and the other Half to the County Treafury.

3. And the Select-men of the most ancient Town, are to give Notice to the Select-men of the next adjacent Towns, of the Time and Place of their Meeting for fuch Perambulation, fix Days beforehand.

4. And the Perfons appointed for fuch Perambulation, shall go Charges how in their feveral Quarters, by Order of the Select-men, at the paid. Charge of the refpective Towns which fend them.

Proprietors

of land to set

up meerЯones.

Penalty on

proprietors for neglecting to renew their bounds.

5. And be it further enacted, That all particular Proprietors and Owners of Lands lying unfenced, or in a Common Field with others, fhall bound every Parcel thereof with fufficient MeerStones of eighteen Inches long at leaft, whereof fix Inches fhall be above Ground; and fhall preferve and keep them fo, upon Penalty of Forfeiting One Dollar and Sixty-Seven Cents, for every Month in which they are not fo kept.

6. And if any particular Proprietor of Lands lying in Common as aforefaid, fhall refute to go by himself, (or his Agent) to renew and perambulate the Bounds between his Lands, and the Land of thole whofe land lieth next to the fame, once a Year, in the Months of March or April; or elfe of Qober or November, being

Bridges.

requested thereunto by the adjoining Proprietor, upon one Week's Warning, he fhall forfeit for every Day's Neglect after fuch Warning, the Sum of Eighty-four Cents, Half to the Party complaining and profecuting; the other Half to the Town Treafury.

Provided, All Breaches of this Act be complained of and pro- Provifo. fecuted to the next County Court in that County.

An Act relating to Bridges.

ލލގ

57

PAR. 1. BE it enacted by the Governor and Council, and Houfe Towns to of Reprefentatives, in General Court affembled, That make and the Inhabitants of the feveral Towns in this State, fhall make, maintain their build, keep and maintain in good and fufficient Repair, all the own bridges needful Highways and Bridges within their refpective Townhips: unless it belongs to any particular Perfon or Persons to maintain such Bridge in any particular Cafe.

&c.

whom to be

2. And when it is neceffary to build a Bridge a-crofs any Riv- Bridges in the -er, which is the Boundary or dividing Line between any Towns, dividing line it fhall be the Duty of the Inhabitants of fuch Towns, to build of towns, by and keep in good Repair all fuch Bridges; and each Town fhall built, &c. pay an equal Part of the Expence of building and repairing the fame.

es,

Towns to

3. And if it fhall fo happen at any Time, that any Perfon Thall lofe his Life, through the Defect or Infufficiency of any when life is Bridge or High-way in any Township in this State, in paffing loft thro' deover any fuch Bridge or High-way, after due Warning given unto fect of bridg any of the Select-men of the Town in which fuch defective be fined, &c. Bridge or Highway is, or to the Perfon who ought to maintain the fame, in Writing under the Hand of two Witnesses, or a Prefentment made to the County Court of the County in which fuch Town is, of such defective Ways or Bridges; then the Town, or Perfon which ought to fecure and keep in fufficient Repair, fuch Ways or Bridges, fhall pay a Fine of Three Hundred and Thirty-four Dollars, to the Parents, Hufband, Wife, or Children, or next of Kin to the Perfon deceased.

4. And if it fo fhall happen that any Perfon fhall lofe a Limb, Alfo to pay break a Bone, or receive any other Bruile or Breach in any Part double damas of his Body, through, or by Means of fuch Defect aforefaid, the ges in cafe of Town or Perfon through whofe Neglect fuch Hurt is done, fhall lofs of limb, pay to the Party fo hurt or wounded, double Damages.

&c.

All made for

5. And the like Satisfaction fhall be made for any Team, Cart, Like fatisface or Carriage-Horse, or other Beaft or Loading, to the Owner there- tion to be of, in Proportion to the Damage fuftained as aforefaid. which Forfeitures and Damages to be recovered by Action, Bill, teams, &et Plaint or Information.

6. And that fuch Bridges and Paffages in Towns, may more effec

tually be kept in fufficient Repair, and fuch Damages prevented:

Be it further enacted, That upon the Complaint of any fuch

K

58.

Affiftant or

warrants to

imprefs men to repair bridg.

Briefs.

Town or Perfon, to any Affiflant or Justice of the Peare, fuch juftice to grant Authority fhall be, and they are hereby refpectively fully empowered, to iffue a Warrant to the Conftable, to imprefs such Workmen in their Townthip as fhall be needful to fecure and repair fuch defective Bridge or Paffage: Which Workmen fhall be paid by the Town, or Perfons to whom fuch Bridge and Paffage do belong to maintain.

es, &c.

What method to be taken, when any

town refufes to build or repair bridges in

the dividing line, &c.

And when the Inhabitants of any Town, fhall neglect or refuse to build or repair any Bridge a-crofs a River in a public High-way within the Bounds of fuch Town, or any Town's fhall not agree to build or repair any Bridge a-crois a River that is the dividing Line between fuch Towns, whereby the public Travelling is obftructed or incommoded; on Complaint thereof to the County Court by any Person or Persons, faid Court is hereby empowered and directed (by a Committee or otherwife) to enquire into the public Neceffity and Conveniency of building and maintaining fuch Bridge, caufing due Notice to be given to one or more of the Sele&t-men of fuch Town or Towns, to fhew Reason (if any they have) why they fhould not be compelled to make or repair fuch Bridge; and if no fufficient Reafon be fhewn to the contrary, (and fuch Town or Towns do not undertake and build, or repair fuch Bridge within fuch time as the Court fhall direct,) faid Court may appoint fome fuitable Perfon or Perfons to build or repair fuch Bridge; which being done, and the Expence thereof Expence how being liquidated and allowed by faid Court, the fame fhall be paid paid. by the Inhabitants of the Town or Towns, whofe Duty it was to have made and maintained fuch Bridge; and Execution may be granted against them therefor accordingly.

under the direction of governor & Council

An Act relating to Briefs.

PAR. 1. BE it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That no Briefs to be Briefs craving the charitable Contributions of the People, in any of the Towns or Societies in this State, fhall be read or attended in any of the faid Towns or Societies, without it have the Allowance of the Governor and Council, and be by them directed into what Towns or Congregations it fhall pafs; (unless it be on fome fpecial Occafion, for any diftreffed or afflicted Perfon of their own Inhabitants) upon Penalty of the Forfeiture of Seventeen Dollars for every Perfon that fhall read and publish any fuch Brief, not allowed and directed as aforefaid; to be recovered of fuch Offender, by Bill, Plaint, or Information, in any Court of Record: One Third of which Penalty or Forfeiture fhall he to him that shall inform and profecute to Effect; and the other two Thirds to the County Treafury.

Cafks. Cattle, &c.

59

An Act for afcertaining the Affize of Cafks.

BE

PAR. 1. E it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That the feveral forts of Cafks ufed in this State, for Liquor or other Commodities (except Beef, Pork, and Fish) fhall be of the Affize following, to wit, Butts to contain One Hundred and Twentyfix Gallons; Puncheons, Eighty-four Gallons; Hogsheads, Sixty-three Gallons; Barrels, Thirty-one Gallons and an Half; Tierces, Forty-two Gallons; and that all fuch Cafks fhall be made Contents of of found, well feafoned Timber, and free from Sap. That the Cafks. Gallon fhall contain Two Hundred and Thirty-one Cubic Inches; and the Contents of each Cafk in this Act expreffed, fhall be mcafured by taking the following Dimenfions in Inches and Decimal parts of an Inch, to wit, The Bulge or Bung Diameter, each Head Diameter, and the Length within the Cafk; and thefe Dimenfions to be computed by the Rule commonly called and known by the name of Gunter's Rule of Gauging.

2. That the feveral Towns in this State, at their annual Town Meetings, fhall choose fome fit Perfon or Perfons to be Gaugers, Gaugers how who fhall be fworn to a faithful Difcharge of their Office; and chofen. the Fee for Gauging fhall be Eleven Cents per Ton.

3. And wholoever fhall fell any kind of Liquor ufually fold

by Guage, in Cafks not gauged by the Rule enjoined by this A&, Penalty.
fhall forfeit and pay a Fine of Three Dollars and Thirty-four
Cents.

4. And every Guager fhali Brand every Cafk by him guaged with the initial Letters of his own Name and the Name of the Branded. Town to which he belongs; and every Cooper fhall fet his diftinct Brand or Mark on his own Casks, on Penalty of One Dollar and Sixty-feven Cents.

5. The feveral Penalties in this A&, fhall belong one Half to the Informer who fhall profecute to Effect, and the other Half to the Treafury of the Town wherein the Offence is committed.

An Act for the Marking of Cattle, Sheep and Swine. To prevent Difputes and Differences that may arife in the owning and claiming of Cattle, Sheep and Swine, that may be loft or fray away,

PAR. 1.

Penalties how dilpofed of.

E it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That all the Owners of any Cattle, Sheep or Swine within this State, Marks to be fhall Ear-mark or Brand all their Cattle, Sheep and Swine that are above Half a Year old; and that they fhall caufe their feveral Marks to be registered in the Town Book.

2. And whatsoever Cattle, Sheep or Swine fhall be found unmarked and not branded as aforefaid, the Owners thereof shall forfeit Thirty-four Cents per Head: One Half thereof shall be to the Complainer, and the other Half to the Town Treafury.

registered.

Penalty.