Fees. Atrending a Juftice's Court, on Trial of each Action Sheriff attending the General Court or Superior or County Conftable for like Service, four Shillings. Fees for Plaintiff or Defendant attending Court per Day, one Witneffes attending any Court per Day, each two Shillings. To the Party per Mile, Two-pence. Each Jury-man for viewing Highways per Day, four Shillings. Town Clerk's Fees. For recording a Deed, one Shilling. For Copy of a Deed, one Shilling. At the Superior Court, Eight fillings. At the County Court, Four fhillings. Each Grand-jury-man for attending the Superior or County Court, per Day, four Shillings, Travel per Mile out, four Pence, 3 O 6 O 4 0 Conftable. 4 0 4 Each Witness in Criminal Cafes, at the Suit of the State, for Attendance at the Superior or County Courts, and Expences, o per Day, Four fillings, If before an Affiftant or Juftice, per Day, Two fhillings, State Attornies Fees, Not exceeding the following Allowances. 4 0 0 2 0 For conducting and pleading each Criminal Cafe, not Capital, Drawing an Indictment or Information, Six Shillings, For a Trial before the Superior Court, in a Criminal Cafe, on For profecuting a Civil Caufe, when Judgment is given on In a Criminal Cafe, on Confeffion, before the Superior Court, } In Cafe of nalle Profequi entered, or a return of a Grand-Jury, not a true Bill, One Pound, If an Affiftant Attorney is allowed in any Trial, not Capital, before the Superior Court, in behalf of the State, his Fee fhall be One Pound, Or if Capital, Two Pounds, In Profecution on behalf of the State, before the County Court, the Attorney fhall be allowed, not exceeding two Thirds of the Fees allowed for the like Services in the Superior Court; or lefs, at the Discretion of the Court. County Surveyor's Fees. 2 For himself and Horse, befides Expences, per Day, Six fhillings, o 6 o County furPoft veyor. 66 Pofts. Gaolers. Nival officers. Beafiality. Sodomy. Falfe witnefs. Arfon. Burning magazines, vellels, &c. For Commitment and Difcharge of a Prifoner, Two fillings, Naval-Officers Fees. For Clearance of a Veffel bound to any other of the United } States, Six fhillings, For Clearance of a Veffel bound to the West-Indies, £. s. d. 0 0 5 0 2 O о .60 25 For Clearance of a Veffel bound to Europe, Afia, or Africa, Eighteen fhillings, For a Regifter, Eight fhillings, For indorfing a Regifter, Two fillings, For cancelling a Bond, Two fhillings, For Bond, Two fhillings, For Cocket, Three fhillings, For a Permit to Load or Unload, Two fhillings. An A&t for the Punishment of divers capital and other BE E it enacted by the Governor, Council and Representatives, in General Court That if any Man fhall lie with Mankind, as he lieth with Womankind, both of them have committed Abomination, they both fhall be put to Death; except it fhall appear that one of the Parties was forced, or under fifteen Years of Age; -in which Cafe the Party forced, or under the Age aforefaid, fhall not be liable to fuffer the faid Punishment. That if any Perfon rife up by falfe Witnefs, wilfully, and of Purpofe to take away any Man's Life, fuch Offender fhall be put to Death. That if any Perfon of the Age of fixteen Years, or more, fhall wilfully, and of Purpose, burn any Dwelling-houfe, Barn, or Out-houfe, he fhallbe put to Death; Or if no Prejudice or Hazard to the Life of any Person. happen thereby, fhall fuffer fuch other fevere Punishment as the Superior Court fhall determine, and alfo fatisfy all Damage to the injured or aggrieved Party. That if any Perfon or Perfons fhall wilfully and maliciously burn or deftroy, or attempt or confpire to burn or deftroy any Magazine of Provifions, or of military or naval Stores, belonging to the United States of America, or to this State; or if any Mafter, Officer, Seaman, Mariner, or other Perfon intrufted with the Navigation or Care of any Veffel belonging to the faid United States, or Veffel belonging to this State, fhall wilfully and maliciously burn or destroy, or attempt or confpire to burn or destroy fuch Veffel, or in Time of War, fhall wilfully betray, or voluntarily yield or deliver any fuch Veffel to the Enemies of the United States of America every fuch Perfon, and their Aiders or Abettors, on legal Conviction of either of the Offences aforefaid, fhall fuffer Death; or if any of the faid Offences, when committed in-Time of Peace, fhall be attended with fuch alleviating Circumftances as in the Judgment of the Superior Court may render Fences and Fields. render it reasonable to inflict a lower Punishment, fuch Perfon may be punifhed by whipping on his naked Body, not exceeding forty Stripes, and by Banifhment, or Imprisonment in any Work-houfe, or Houfe of Correction, not exceeding ten Years, and a Forfeiture of all the Eftate of fuch Offender, to the Ufe of this State, at the Difcretion of the faid Court. That if any Perfon on Purpofe, and of Malice, Fore-thought, and by laying in wait, fhall cut out or difable the Tongue; or put out an Eye or Eyes, fo that the Perfon is thereby made blind; or fhall cut off all, or any of the privy Members of any Perfon; or fhall be aiding or affifting therein, fuch Offender, or Offenders fhall be put to Death. 67 Cutting off members. That if any Perton within this State, fhall prefume wilfully to blafpheme the Name of God the Father, Son, or Holy Ghoft, either by denying, curfing, or reproaching the true God or his Government of the World; every Blafphemy. Perfon fo offending, fhall be punifhed by whipping on the naked Body, not exceeding forty Stripes, and fitting in the Pillory one Hour; and may alfo be bound to his good Behaviour, at the Difcretion of the Superior Court who fhall have Cognizance of the Offence. And be it further enacted by the Authority aforefaid, That if any Perfon within this State, having been educated in, or having made Profeffion of the Chriftian Religion, fhall by writing, printing, teaching, or advised speaking, deny the Being of a God; or any One of the Perfons in the Holy Trinity to be God; or fhall affert and maintain that there are more Gods than One; or fhall deny the Chriftian Religion to be true, Delím. or the Holy Scriptures of the Old and New-Teftament to be of Divine Authority, and be thereof lawfully convicted before any of the Superior Courts of this State, fhall for the firft Offence, be incapable to have or enjoy any Offices or Employments, ecclefiaftical, civil or military, or any Part in them, or Profit by them: And the Offices, Places and Employments enjoyed by fuch Perfons at their Conviction, shall be void. And fuch Perfon being a fecond Time convicted of any of the aforefaid Crimes, fhall be difabled to fue, profecute, plead, or maintain any Action 2d. Offence. or Information in Law or Equity; or be Guardian of any Child, or Exécutor of any Will, or Adminiftrator of any Estate. Provided nevertheless, That no Perfon fhall be profecuted by Virtue of this Act, for Words fpoken contrary to this Paragraph thereof, unless In- Provifo. formation thereof be given within fix months after the Offence committed. Provided alfo, That any Perfons convicted of any of the said Crimes, fhall for the first Offence, upon renouncing fuch erroneous Opinions in the Court where convicted, within twelve Months after Conviction, from the Provifo. Time of such renouncing, be discharged from all Disabilities incurred by fuch Conviction. And be it further enadled and provided by the Authority aforesaid, That the Governor, or Lieutenant-Governor of this State, for the Time being, or any three Affiftants concurring, fhall have Power to reprieve a condemned Malefactor to the next General Court. Governor, reprieve. challenged. That any Perfon arraigned before the Superior Court, for Trial, on an Indictment for any capital Offence, by Law punishable with Death, fhall Jury may be have Liberty peremptorily, without giving any Reason, to challenge twenty of the Jurors, fummoned and impannelled for faid trial, and no more, without fhewing fufficient Reafons. An A&t for ordering and regulating Fields and Fences. B E it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That thofe who are, or fhall be Proprietors or Owners of Land in any Field that now is fettled, reputed I 2 68 Owners of common fields to meet annu ally. Fences and Fields. reputed, or ufed, or hereafter fhall be formed, fixed, or stated for a Common Field, fhall and may meet together by themfelves or Agents, annually on the first Monday in March, or on fuch other Day as they fhall appoint, at the ufual Place of the Town-Meeting in the Town where fuch Field is, or at fuch other Place as they fhall appoint, to order the Affairs of fuch Field, with Refpect to the Fencing and Improving faid Field, and all other Things neceffary for the well ordering, managing and improving the fame : In which Meetings the Proprietors of fuch Fields fhall have full Power by their major Vote, to be computed by Intereft, to order all fuch Affairs as they fhall fee meet. And the better to enable them to carry on and manage the Affairs of fuch Fields, They are hereby impowered to chufe a Moderator, and Clerk; which Clerk fhall enter all the Acts and Vores of the faid Proprietors, relating to the To choofe a Management of the faid Common Fields; and fhall be fworn to a faithful moderator and clerk. Alfo a com mittee. Penalty for not ferving. Committee to call meet ings. Proprietors impowered to levy tax es. of proprietors agreeing, &c. to represent their cafe to Difcharge of his Office: Whofe Fees fhall be the fame as the Town-Clerks for the like Service. And fuch Clerk being once chosen and fworn, fhall continue in his Office till another be chofen and fworn in his Room. They shall also chufe a Committee to take Care of, and manage the Affairs of their Common Field; and may also chufe their own Fence-viewers and Haywards out of their own Number of Proprietors, who fhall be fworn to a faithful Discharge of the Duties belonging to their refpestive Offices. And if any Perfon or Perfons fhall refufe to ferve, being duly chofen, as aforefaid, he or they fhall incur the fame Penalty as is provided in Cafe of Town Officers Refufal; and to be levied in the fame Manner. And the Committee appointed for any Common Field may call a Meeting of the Proprietors of fuch Field when they fhall judge it needful; either by giving Warning unto fuch of them as live in the Town where fuch Field is, and to the Agents, if any be, in the fame Town of Non-Refident Proprietors, at least three Days before fuch Meeting, of the Time, Place, and Business of fuch Meeting; or by warning the faid Proprietors in fuch other Manner, as they in any of their lawful Meetings fhall agree upon. And the Proprietors of Common Fields at any lawful Meeting are hereby fully impowered to grant, and levy Taxes upon themselves, according to their Intereft in fuch Fields, for the defraying the Charges that may arife in fetting out, or altering the Fence, in making Gates, and Bridges for their Field; and for any other public or common Charge about faid Field, as they fhall judge needful; and appoint Rate-makers, and Collectors for the making, and gathering fuch Rates: Which Collectors fhall have the fame Power and Authority as Collectors of Town-Rates have; and shall be under the fame Penalties in Cafe of Refufal to accept, and execute the faid Office. And be it further enacted by the Authority aforefaid, That when any Number of Proprietors, or Owners of Land in any Town have their Lands adjoining, and fo fituate as that it may be commodious, and beneficial for them to improve the faid Lands as a common Field, if two third Parts of Two-third fuch Proprietors, accounting their Votes according to Intereft, fhall agree to improve fuch Lands as a common Field; they are directed to reprefent the Circumftances thereof to the County Court of that County; and notify the other Proprietors of faid Lards to appear at faid Court, to make Objections (if any they have) against faid Lands being improved, as aforefaid. And on faid Proprietors obtaining the Approbation and Allowance of faid Court to improve faid Lands, as aforefaid, the Proprietors and Owners of fuch Lands are hereby fully authorized and impowered to form and improve the faid Lands as a common Field: In which Case they shall have the fame Power and Privileges, and be under the fame Regulations as those are which are already ftated, formed, reputed, or ufed as fuch, the county court. And Fences and Fields. And the better to enable Proprietors of common Fields to fence, and manage, and regulate their Fences, Be it further enailed by the Authority aforefaid, That the Committee of the Field, or a Committee to be appointed for that Purpose, are hereby impowered, and directed to appoint, and fet out the Place where, and the Proportion which each Proprietor fhall have his Fence erected; either in the Line of Fence already stated, or in any other, or new Line to be fixed, and stated by the Proprietors: (Which they are fully impowered to do.) And every Proprietor in fuch common Field, fhall duly erect, (if Need be) and shall maintain his Proportion of the faid common Fence, according to the Direction of fuch Committe, upon the Penalty of incurring fuch For feiture as is hereafter in Cafe of defective Fence provided: And alfo fhall attend all Orders of the major Part of the Proprietors of fuch common Field, for the Improvement thereof, for the common Good, and Benefit. And that any Perfon or Perfons having his or their Part or Proportion of common Fence set out to him or them by fuch Committee, fhall have Liberty, in order to make or repair his or their faid Part or Proportion of com mon Fence, of paffing over any Perfons Lot or Land whatfoever, as much as fhall be neceffary for the Purpose aforefaid. And when it fhall fo happen that the Line of Fence, ordered, as aforefaid, for the enclofing any common Field, runs, or fhall run in, or upon the Line or Bounds between the Land of any Perfon making a particular Inclofure, and the Lands of the Common-Field, the one Moiety of the dividing Fence at faid Place, fhall be made and maintained by the Proprietors of the Common-Field, and the other Moiety by the Owner of fuch Inclosure. And where it fhall fo happen that the Common Line of Fence runs, or fhall run across the Land of any Perfon making a particular Inclofure, leaving part on one Side, and part on the other Side of fuch Common Line, Confideration fhall be had in proportioning out the Fence to fuch Inclofure, of the Advantage or Difadvantage the Owner of fuch Inclofure hath by the Fence runing acrofs, as aforefaid: Which the Committe are to obferve in proportioning out to fuch Owners their Part of the Dividend Fence. And all fuch Fence fet out to the Owners of particular Inclofures as aforefaid, fhall be infpected and repaired by the Fence-Viewers as part of the Fence of the Common-Field. And that neither the Proprietors of fuch common Field, nor the Owner of fuch Inclosure fhall excufe themselves by laying open their Field or Inclofure, from making and maintaining their part of fuch dividend Fence, without Liberty fo to do, firft had and obtained from the County Court, in the fame County where fuch Fence is. When it is And where the common Line of Fence inclofing any general Field, as aforefaid, has already been, or hereafter fhall be fettled and proportioned proportion'd agreeable to the Refolves and Votes of the Proprietors aforefaid, it fhall foto abide. remain until altered by fuch Proprietors. And whenfoever the Proprietors of any Common Field shall agree by their major Vote, computed as aforefaid, to alter or new lay, or run their common Fence, the Committee to effect the fame, fhall caufe their Doings to be entered with the Clerk of faid Field. And that the Proprietors Committee, from Time to Time, as Occafion requires, hall have Power, and they are hereby impowered, when and fo often as any Perfon fhall purchase any Lands in fuch common Field, to fet out to fuch Purchafer his proportion of Fence, at the Defire and Charge of the Grantor; which Grantor fhail maintain faid Fence until fuch Time as he procure the fame to be done; and caufe an Entry thereof to be made by the Clerk of faid Field. And if any Perfon having Land lying in any common Field, fhall deceafe, and his Heirs or Succeffors refufe to make or maintain the Fence that be-longed Doings to be Purchasers to have their fence fet out. |