Oaths.

For Deputy-Sheriffs, viz.

185

YOU A. B. being appointed a Deputy-Sheriff within the County of H. do fwear, that you will truly and faithfully difcharge the Duties of faid Office, during the Time you fhall continue therein; and that you will Deputy-fhenot write or fill up any Writ or Writs against any Perfon or Perfons what- riffs. foever, except you are a Party in the Action, nor caufe the fame to be wrote or filled up, or direct any Perfon therein.

So help you God. For the Clerks of the Superior and County Courts, mutatis mutandis, viz. YOU A. B. being appointed to be Clerk of the Superior Court, do fwear that you will carefully, faithfully, and diligently attend and execute the Place and Office of fuch a Clerk: That you will truly enter and record all Actions, Verdicts, Sentences, Orders and Determinations of the faid Court, and deliver true Copies when they fhall be required of you,'taking no more than your lawful Fees therefor: And that you will perform and execute your Office, and Duty therein according to the beft of your Skill, and the Laws of this State. So help you God. For the Clerks of the Courts of Probate, viz.

Clerks fupe.

rior & coun→
ty courts.

YOU 4. B. being appointed to be Clerk of the Court of Probates in the
District of H. do fwear that you will carefully, faithfully, and diligently
attend and execute the Place and Office of fuch a Clerk; and that you Clerks pro
will truly record all Wills and Inventories as fhall be exhibited into laid bate.
Court, and by faid Court be ordered to be recorded; as also all Orders, Sen-
tences and Determinations of faid Court; and deliver true Copies when they
fhall be required of you, taking only your lawful Fees therefor; and that
you will perform and execute your Office, and Duty therein, according to
the best of your Skill, and the Laws of this State.
So help you
God.

For Town Clerks, viz.

You
OU A. B. being chofen and appointed to be Town-Clerk or Register
of the Town of H. do iwear that you will truly and faithfully attend
and execute the Place and Office of a Town Clerk for the said Town of H.
according to your best Skill; and make true Entries of all fuch Grants,
Deeds of Sale, or of Gift, Town Votes, Mortgages and Alienations or Dif-
pofitions of Land as ball be compleated according to Law; and of all
Births, Deaths and Marriages; and of all other Writings and Agreements
as fhall be brought to you to record; and you will deliver true Copies of
the Records in your Hands when they fhall be required of you, taking on
ly your lawful Fees.
So help you God

For Packers, viz.

Clerks town.

Packers.

YOU A. B. being chosen and appointed to be Packer of Beef, Pork, and
other Goods for the Town of H. do fwear, that you will well and truly
pack all Beef, Pork and other Goods and Commodities when you shall be
thereto required; that you will pack no kind of Goods or Provifions but
fuch as are good, found, fortable and merchantable, nor in any Cafk that
is not full Gage; and that you will fet your own particular Mark upon all
Cafk packed by you; and all Things proper to your Place and Office of
Packer you fhall faithfully perform and difcharge according to your beft.
Skill, Judgment and Confcience.
So help you God.
For Fence Viewers, Leather-Sealers, Gagers, Sealers of Weights and Measures,
Lifters, Tything-men, Surveyors of High-ways, Surveyors and Packers of To-
bacco, Haywards, Town-Treasurers, Society-Treasurers, Scavengers, Commissi
oners of Sewers, Clerks of the Owners of Sheep, &c. mutatis mutandis.
OU fwear that you will diligently and faithfully perform, discharge,
and execute the Office of
within the Limits whereto you are
appointed for the Year enfuing, and until another be chofen in your Place ers, &c.
and fworn; and that in all the Particulars mentioned in the Laws whereto
your Office hath Relation, you will do therein impartially according to
Law, without Fear or Favour,

You

A 2

So help you God.

For

Fence view.

YOU

Oaths.

For Attornies, viz.

-------- swear you will do no Falfhood, nor confent to any to be done in the Court; and if you know of any to be done, you shall give Knowledge thereof to the Judges, or Juftices of the Court, or fome of them, that it may be reformed: You fhall not wittingly or willingly promote, fue or procure to be fued any false and unlawful Suit, nor give Aid or Confent to the fame: You fhall delay no Man for Lucre or Malice; but you fhall use yourself in the Office of an Attorney within the Court according to the best of your Learning and Difcretion, and with all good Fidelity, as well to the Court as to the Client. So help you God.

You

For the Auditors of the State's Accounts, viz.
YOU A. B. and C. D. being by this Affembly appointed to audit the
public Accompts with the State Treasurer, and likewife to receive of
faid Treasurer what Money hath been brought into the State Treasury by
Rates, Fines, Impofts, or other Ways, and the fame to difpofe of as this
Affembly fhall order, do fwear by the Name of the Everliving God, that
you will in the whole of faid Affair, diligently, and faithfully attend faid
Service; and that you will duly and faithfully difpofe of what Money you
shall receive, as abovesaid, of the Treasurer, according to the Order of this
Affembly now given, or to be given you, rendering a true Account to this
Affembly of your Doings, relating to the Premifes. So help you GOD.
For Society Clerks, viz.

YOU A. B. being chofen and appointed Clerk of this Society, do fwear
that you will truly and faithfully attend and execute the Place and
Office of a Society Clerk for the faid Society, according to your best Skill:
And make true entry of all fuch Votes as fhall be made by faid Society ac-
cording to Law; and deliver true Copies when they fhall be required of
you, taking only your juft Fees.
So help you God.

For Appraisers of Lands, viz.
you...
You being appointed to appraife fuch Lands as are now to be
prefented to you, Do fwear, that all Partiality, Prejudice, and other
finifter Refpects laid afide, you will appraise the faid Lands according to
the prefent true and juft Value thereof to the Creditor, or Creditors who are
to receive the fame; and that you will do therein according to your best
Judgment, and Confcience.
So help you GOD.
For Appraifers of deceafed Perfons Eftates, viz.
You A. B.----- Do fwear, that all Partiality, Prejudice, and finister

Distributors. You

Jury high

ways.

Jury force

able entry.

Refpects laid afide, you will appraise all fuch Estate, both real, and perfonal of the deceafed C. D. as fhall be offered unto you, according to the prefent true, and juft Value thereof in Money, by your best Judgment, and Confcience. So help you GOD. For Diftributors of Eftates, Viz. OU fwear that you will according to your best Judgment, and Difcretion, faithfully and equally divide the Estate of A. B. according to the order of Court now given you. So help you God. For the Fury to lay out, or alter Highway, viz. · You YOU fwear by the Name of the Everliving God, that you will lay out the Way mentioned in the Precept by which you are now fummoned, according to the best of your Skill and Judgment; with moft Convenience to the Public, and leaft Prejudice to any particular Perfon or Perfons; and that you will make a juft Estimation of the Damages done to the Property of any particular Perion or Perfons by your laying faid Way, according to your beft Judgment. So belp you GOD.

γου

For the Fury to enquire into forceable Entry or Detainer, viz. OU fwear by the Name of the Everliving God, that you will well and truly enquire of the forceable Entry, or forceable Detainer now complained of, and return a true Verdict thereof, according to your own View and the Evidence given you in Court, So help you GOD.

Onions.

For County Surveyors, viz.

187

YOU 4. B. being appointed Surveyor of Lands in the County of H. do County Surfwear that you will faithfully attend to, and discharge your Office of veyors. Surveyor of Lands unto which you are appointed, without Favour or Refpect of Perfons; taking only your juft Fees, as by Law allowed. ·

γου

So help you God.

For Chain-Men affisting the County Surveyor, viz.

OU A. B. and C. D. being defired to affiit T. C. Surveyor, in carrying the Chain, do fwear by the Everliving God, that you will faithfully Chain-men. affift the faid Surveyor in his Service: And that you will keep a true Account of all Lines or Meafures by you taken, and the fame give up to faid Surveyor at his Defire, according to your beft Skill and Ability.

So help you God.

For Commiffioners on Infolvent Estates, viz. γου YOU fwear that you will faithfully and impartially examine the feveral Accounts, and Claims of the Creditors of the Eftate of the deceafed A. B. reprefented infolvent, as fhall be prefented to you for that Purpose, with the Evidences relative thereto, and make a true Lift of what you find justly due to each of faid Creditors, and prefent the fame to the Judge of the Court of Probate, according to Law. So help you GOD.

Form of a Voire Dire Oath, viz. OU swear that you will well and truly anfwer to fuch Interrogotories, as fhall be put to you by the Court, not immediately relating to the Merits of the Caufe now in Question. So help you God.

And be it further enacted by the Authority aforefaid, That no Perfon fhall be compelled, or obliged to take any Oath, but fuch as the General Court hath confidered, allowed, and required; nor to ufe any other Ceremony in taking their Oaths refpectively, than the holding up the Hand, as hath been accustomed. And when any Oath shall be adminiftred to any of the People called Quakers, it fhall be by way of Affirmation, in Manner and Form prescribed in the Law relative to Quakers.

An Act for regulating the Market and ascertaining the
Weight of Bunches of Onions.

WHEREAS there are great Quantities of Onions raised in this State för

Commiffioners on infolvent eftates.

Voire dire.

No other oath

or ceremony required.

Market, and it is become customary to make up the greatest Part of them Preamble, in Ropes, or Bunches; and no Rule bath been fixed for the Number, Weight, or Meafure, contained in each Bunch; for want of which great Inequality and Injustice bath happened.

BE

For Remedy whereof,

Onions to per bunch.

E it Enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That no Onions fhall be offered to Sale, that are not good and merchantable, well cured and dry. Nor fhall any Bunches of them be fold, or offered to Sale, or put into Land weigh 4 lb. or Water Carriage, to be tranfported to Market, that are not fully cured, well and firmly bunched, and of Four Pounds and a Half Weight at least. And whoever fhall fell, or offer to Sale, or put into any Land or Water Carriage, in order to be tranfpórted to Market, any Bunch or Bunches of Onions, that fhall not be fully cured, dry, well and firmly bunched, and of the Weight aforefaid, fhall forfeit each Bunch of Onions fo offered or pur forfeitures up for Sale, as aforefaid, that fhall fall fhort of Weight as aforesaid, or the Value thereof, to be recovered to him who fhall complain thereof, and profecute the fame to Effect.

188

Preamble.

Perfons guilty of oppreffion to forfeit

&c.

Oppreffion. Peace.

An Act for punishing and preventing Oppreffion. WHEREAS Oppreffion is a mischievous Evil, to which Men are prone in their Trade and Dealings.

Therefore,

BE it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That if any Person or Perfons, fuch as Merchants, Shop-Keepers, Traders, Victuallers, or HandyCrafts-Men; as Smiths, Shoe-Makers, Carpenters, Joiners, Taylors, Weavers; or other Trades-Men or Labourers whatfoever, fhall oppress any Perfon or Perfons, by demanding or taking exceffive Wages for Work; or unreasonable Prices for fuch Wares, Merchandizes, or Commodities as fhall pass from Man to Man, he or they fo offending fhall forfeit and pay to the Party injured, a Penalty according to the Quality of the Offence, as the Court before whom the conviction fhall be made fhall determine; not exceeding Three-fold the Damage fuftained by fuch Oppreffion.

And for a Mode of Trial and Proceeding therein.

Be it further enacted by the Authority aforefaid, That when any Perfon or Persons, fhall make Complaint of Oppreffion done by any other Perfon or Mode of trial Persons, in any of the Matters aforefaid; the Authority to whom fuch Complaint fhall be made, fhall appoint and call before him or them Two or Three indifferent, judicious Freeholders, of the fame Town the Perfon is of, who is complained of; who fhall be fworn to give their Judgment and Opinion concerning the Price of fuch Goods, Wares or Commodities fold, or Labour done; and return the fame to faid Authority: Which Judgment and Opinion fhall be the ground of legal Conviction.

Penalty.

Cofts.

the peace to be punished.

And where the Penalty doth not exceed the Sum triable by an Affiftant or Justice of the Peace, fuch Authority is hereby impowered to hear and determine the fame: But if the Penalty be above that Sum, the Perfon offending shall be recognized to appear and answer fuch Complaint at the next County Court, which Court fhall hear and determine the fame.

And the Offender on Conviction, fhall pay the Cofts of Prosecution, befides the Penalty to be awarded, as aforefaid.

BE

An Act against breaking the Peace.

E it enacted by the Governor, Council, and Representatives, in General Court affembled, and by the Authority of the fame, That whofoever shall disturb, Difturbers of or break the Peace, by tumultuous, and offenfive Carriages, threatning, traducing, quarrelling, challenging, affaulting beating, or ftriking any other Perfon, fuch Perfon or Perfons fo offending, fhall be liable to pay to the Party hurt or ftricken, juft Damages; and alfo fhall pay fuch Fine, as on Confideration of the Party smiting, or been fmitten, and with what Inftrument, Danger, more or lefs, Time, Place, and Provocation shall be judged just and reasonable, according to the Merit of the Offence, as the Judges fhall determine.

If the offence

And if fuch Offence be aggravated by fome notorious and high-handed be aggrava- Violences, the Offender or Offenders fhall be bound over to the next County Court, to answer for fech Offence.

ted, to be bound over.

Negroes, &c. to be whipped.

And whereas Indian, Negro and Molatte Servants and Slaves are very apt to be Turbulent, and often to be quarrelling with white People, to the great difturbance of the Peace.

Be it therefore further enacted by the Authority aforefaid, That if any Indian, Negro or Molatto Servant or Slave, fhall difturb the Peace, as aforefaid, or fhall offer to strike any white Perfon, and be thereof convicted, fuch Servant or Slave fhall be punished by Whipping, at the Difcretion of the Coure, Af

fiftant

1

fiftant or Juftice that fhall have Cognizance thereof; not exceeding thirty
Stripes for one Offence.

And that effectual Means may be used for the preferving and promoting
of the peaceable Behaviour and good Converfation of the People in this
State, and for preventing and fuppreffing what is contrary thereto :
Be it further enacted by the Authority aforefaid, That the Surety of the Peace
or good Behaviour, as the merit of the Cafe fhall require, may, and fhall
be granted by any Affiftant or Juftice of the Peace in this State, against all
and every fuch Perfon and Perfons as by threatning Words, turbulent Be-
haviour, or actual Violence, or by any other unlawful Action fhall terrify or
difquiet any of the good People of this State; and alfo against Common
Barrators, who frequently ftir up and maintain Suits at Law in Courts, or
Quarrels and Parties in the Country; as also against such as invent and fow
false Reports, whereby Discord arifeth, or may arise among Neighbours;
alfolagainst such as are of evil Name or Fame, generally, for maintaining or
reforting to Houses fufpected to be Houfes of Bawdry and Incontinency;
alfo against Night-walkers, that be of evil Name or Report generally; or
fuch as eve-drop Men's Houses, or caft Men's Carts into Ponds; or com
mit other fuch like Mifdemeanors, Outrages or Disorders in the Night
Seafon; alfo against idle Persons, Drunkards, Libellers, and against such
like Offenders.

And if any fuch Perfon or Perfons fhall refufe to give Security for the
Peace, or good Behaviour, it shall be in the Power of any one Affiftant or
Juftice of the Peace, to commit fuch Perfon or Perfons to the common
Goal, there to remain till delivered according to Order of Law.

Be it further enailed by the Authority aforesaid, That if any Perfon fhall abuse any Magiftrate, or Juftice of the Peace, or refift or abufe any Sheriff, Conftable or other Officer in the Execution of his Office, fuch Perfon or Persons shall find Sureties for the Peace and good Behaviour until the next County Court in that County; or on Refufal may be committed to the common Goal, there to remain until the next County Court; which Court fhall take Cognizance of the Wrongs and Abufes done to fuch Officer or Officers, by fuch Offender or Offenders; and lay such Penalty upon him or them (he or they being thereof legally convicted) as the Merit of the Offence hall deferve, appearing by the Circumftances of the fame, not exceeding Ten Pounds.

And for the detecting and punishing of fecret Alfaults;

Againft whom fure ties of the

peace may

be granted.

On refufal, to be com

mitted.

Perfons for abufing or refifting civil officers.

ceed for fuch affaults, &c.

Be it further enacted by the Authority aforefaid, That if any Perfon fhall break the Peace by fecretly affaulting, beating, maiming, wounding or hurting another, the Perfon fo affaulted and injured, making Application How to proand Complaint to the next Affiftant or Juftice of the Peace, fhewing him what Hurt or Wounds he has received thereby; fuch Affiftant or Justice fhall forthwith grant out a Writ to the Sheriff of the County, or his Deputy, or Constable of the Town where fuch Affault fhall be made, commanding them, or either of them, to arrest and bring before him fuch Perfon fo affaulting, to answer fuch Complaint; who upon Oath being made against him of fuch Affault, and of the Wounds or Bruifes thereby received by the Perfon affaulted and beaten, fhall be bound in a fufficient Bond with Sureties for his Appearance at the next County Court in that County, to anfwer to the Complaint aforefaid: And in Cafe of Refufal to become bound as aforefaid, fuch Perfon complained of fhall be committed to the common Goal of the County, there to remain till the next Seffions of the faid County Court.

And if the Perfon fo bound or committed, fhall not on Trial of the Cafe fatisfy the Court that he was at fome other Place at the Time the faid Affault was made, and was not the Perfon who gave it, he shall be adjudged guilty, and