90

County to build, &c. a court

houfe, &c.

Prisoners to bear their

&c.

Gaols and Gaolers.

pay the fame into the County Treafury according to the Direction in fuch Warrant, the County Treasurer fhall, by Warrant under his Hand directed to fome proper Officer, make Diftreis on fuch Collectors Perfons or Eftates, for fatisfying fuch Sum or Sums as shall remain unpaid of the Sum or Sums that faid Collector was ordered, by Warrant to him directed, to levy and collect.

And whenever it shall be neceffary to build a new Court-Houfe, or to repair any fuch Houlè in any County in this State, the Expence thereof fhall be defrayed by the Inhabitants of fuch County; and the Taxes that may be neceffary for that Purpose, fhall be laid and collected in Manner aforefaid.

And be it further enacted by the Authority aforefaid, That all and every Perfon and Perfons whatfoever, that fhall be committed to the common Gaol within any County in this State, by lawful Authority, for any Offence own charge, or Misdemeanor, having Means and Ability thereto, fhall bear their own reasonable Charge for conveying, or fending them to the faid Gaol; and also the Charge of fuch as fhall be appointed to guard them thither; and alfo their Support while in Gaol, before they are discharged: And the Estate of fuch Persons shall be fubjected to the Payment of fuch Charge: And for want of Eftate, they may be difpofed of in Service, to answer the fame, according to a Law, entitled, " An Act concerning Delinquents;" unless they shall be freed from the Payment of faid Charge, agreeable to the direction of the Law aforefaid.

Prisoners permitted

to use their own neceffaries, &c.

Prifon

keepers not to injure their prifoners, &c.

When allowed to

take the

That all Prisoners fhall be permitted to provide, and fend for their neceffary Food where they pleafe; and to ufe fuch Bedding, Linen, and other Neceffaries, as they think fit, without their being purloined, detained, or their paying for the fame: Neither fhall any Keeper of a common Gaol, demand of them greater Fees for their Commitment, Discharge or ChamberRoom than what is allowed by Law.

And if any Keeper of a common Gaol fhall do, or cause to be done to any Prisoner committed to his Cuftody, any Wrong or Injury, contrary to the true Intent of this Act, he fhall pay treble Damages to the Party grieved; alfo fuch Fine as the County Court of the County wherein the Offence is committed, upon Information or Complaint to them made, shall (on confidering all Circumstances) think fit to impofe upon him.

That when any Perfon or Perfons are committed to Prison, in any civil Matter or Action, the keeper of the Prifon fhall not ftand charged with his poor prifon- or their Supply of Victuals, and other Neceffaries: And in Cafe the Prifoner hath no Eitate, and will, and do take before an Affiftant or Justice of the Peace, the following Oath, viz.

er's oath.

YOU A. B. folemnly fwear, that you have not any Eftate, real or personal in Poffeffion, Reverfion, or Remainder, of the Value of Five Pounds in the Whole; Form of the or fufficient to pay the Debt or Damages for which you are imprisoned; and that you have not directly or indirectly fold, or otherwife difpofed of all, or any Part of your Eftate, thereby to fecure the fame, to receive or expect any Profit or Advantage thereof; or to defraud or deceive any of your Creditors.

oath.

Provifo.

So help you GOD.

Provided always, That faid Oath fhall not be adminiftred to any fuch Debtor, until the Creditor or Creditors of fuch Prisoner, if Inhabitants within this State, otherwise the Attorney of such Creditor or Creditors hath been duly notified, and a reasonable Time to appear and fhew Reason (if any be) why faid Oath fhould not be adminiftred: And if no fufficient Reafon is fhewn to the contrary, fuch Affiftant or Juftice fhall administer faid Oath to fuch imprisoned Debtor; after which the Keeper of the Gaol fhall not stand charged with fuch Prifoner, unless the Creditor fhall allow him a weekly Maintenance, fuch as three Justices of the Peace, Quorum unus, fhall appoint, till the next County Court; which Court fhall then determine how much the fame fhall be. And

Gaols and Gaolers.

And all fuch Charges as the Creditor fhall be at, he fhall have Power Power to to levy with the Execution, before the Prifoner be difcharged from Prifon. levy. That no Perfon committed to Prifon for non-payment of Fines, Taxes, or upon Attachment or Execution in Civil Caufes, fhall be permitted by the Keeper of the Prifon to go at Liberty without the Precincts of the Pri fon, but by the Licence of the Court that committed him, or of the Creditor for whose Caufe he is arrefted and imprisoned, upon Penalty of paying the Fine or Tax upon him, or fatisfying the Debt or Damage for which he is committed, to him to whom the fame is due.

That Prifoners for Debt, and Felons fhall not be lodged together in any common Gaol or Prifon in the fame Room.

And if any Gaoler, or Keeper of a Prison, shall offend herein, he shall forfeit and pay to the Party grieved treble Damages; to be recovered by an Action, by virtue of this Act.

Be it further enacted by the Authority aforesaid, That the refpective Sheriffs of the feveral Counties in this State, for the Time being, fhall have the Charge and Cuftody of the Gaols in their refpective Counties; and they are hereby constituted the Keepers of them, and shall and may put in, and fubftitute under them, fuch Keepers of the faid Gaols as they shall fee Caufe; and fhall be refponfible for all Damages that any Perfon fhall fuftain by the Escape of any Prifoner out of fuch Gaol, through the Fault of Connivance of fuch Keepers, or any other Perfon whatsoever, having the Charge of faid Gaols under fuch Sheriffs; as alfo for other Faults and Negligences of fuch Under-keepers, by faid Sheriffs appointed, in any Matters refpecting said Trust.

That when any County is deftitute of a Gaol, any Perfons in fuch County. liable to be imprisoned, may by lawful Authority be fent to the common Gaol of the next adjoining County; and the Keeper of fuch Gaol fhall receive and keep fuch Prisoners accordingly.

Be it further enacted by the Authority aforefaid, That if any Perfon or Perfons lawfully committed to any of the Gaols in this State, (either in any civil or criminal Cafe; fhall break fuch Gaol and make his or their Escape, through, or by Reafon or Means of the Defects or Infufficiency of fuch Gaol, the Coft and Charges occafioned, and expended thereby, and the Damages fuftained by the Perfon or Perfons by reafon of fuch Escape or Efcapes, fhall be paid and answered out of the County Treafury, of that County wherein fuch defective Gaol is; and the County Court of that County, upon Application to them made, and Proof thereof, fhall order Payment accordingly; the faid Coft and Damages being firft juftly by them afcertained and allowed; and that in cafe any Party or Perfon fhall be aggrieved by the Denial or Determination of fuch County Court, he or they may appeal to the next Superior Court to be holden in that County; who are impowered to hear, adjuft, and determine the fame, and order Payment as aforefaid, with fuch Cofts arifing on the Appeal, as they fhall judge reafonable.

Be it further enacted by the Authority aforefaid, That if there fhall not be a fufficiency of Money at any Time in the County Treafuries to aufwer fuch Orders, the County Court of the County where Monies are wanting for the Purpose aforefaid, are hereby impowered and directed to tax and affefs the Inhabitants of fuch County in fuch Sum or Sums as the Court shall judge needful for the Purpose aforefaid; and to appoint and impower a Collector or Collectors, for collecting the fame, and to grant Warrant or Warrants, accordingly; which Collectors fhall have the fame Authority as other Collectors in this State, by Law have.

Prisoners not permitted to go at large. On penalty.

Debtors and

felons not to be lodged in one room, Penalty..

Sheriffs to be

gaolers.

When coun

ties are defti tute of gaols;

&c.

Elcapes.

County

courts to tax

the county,

&c.

Provided nevertheless, That nothing in this Act fhall be conftrued to prejudice, or hinder any Party or Perion from recovering any Expence, Coft Provife.

92

Provifo.

Fee.

Goats im&c.

or Damage of the Perfon or Perfons, or out of the Eftate of fuch Perfon or Perfons who fhall break, or be aiding or affifting in breaking the Gaol, or who fhall escape, or be aiding thereto, according to Law; and when fuch Remedy for Satisfaction may he had, the County fhall not be charged with, nor be ordered to pay the faid Expence, Coft or Damage.

Provided alfo, That nothing in this Act fhall be conftrued, or extended to fave Harmless, or excufe any Sheriff in any Escape, but what shall happen through the defect or infufficiency of the Gaol as aforefaid, and, that without his Default and Negligence; nor fhall this Act hinder any Perfon from any Remedy he now hath, or hereafter by Law fhall have, in all or any of the Matters aforefaid.

An Act relating to Goats.

BE it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That the Fees for im, pounding Goats fhall be for each Goat Two Pence.

And be it further enacted, That all Goats in any Town in this State being found out of the Inclosure of the Owner or Owners of fuch Goats, may be lawfully impounded; and the Owner or Owners of fuch Goats fo im poundable, pounded, fhall pay Poundage and Damages: And the Damages done by fuch Goats, whether within Inclosure or not, fhall be determined in the fame Manner as Damages done by other Creatures are, when impounded from Inclosures lawfully fenced: Unless any Town fhall agree and order otherwise in their own Precincts.

Towns to choofe

grand-jurymen annual

ly.

269. fine for refufal, &c.

Penalty.

3

A&t concerning Grand-jury Men.

BE E it enat by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That every Town in this State, on the Day of their annual Town-Meeting for electing Town-Offi cers, fhall elect and choose Two or more fober difcreet Perfons of their Inhabitants, to ferve as Grand-jurors for the enfuing Year; who shall be Sworn by the next Affiftant or Juftice of the Peace.

But in cafe any Perfon fo elected fhall refuse to accept, and take the Oath for fuch Officers provided, and ferve as aforefaid, (unless he render a fatisfying Reafon to the Town-Meeting, or to the Authority before whom he fhall be called to take the Oath, why he ought not to ferve as aforesaid) he for fuch refufal fhall incur the penalty of Twenty fix Shillings, and another Perfon fhall be chofen in his room, who fhall upon acceptance, be sworn as aforefaid: And the Names of fuch Grand-jurors fhall by the Clerk of the Town be returned unto the Clerk of the County Court within the fame County; and the faid Clerk of the County Court, fhall by his Writ, fummons fuch a Number of the faid Grand-jurors within the faid County, a's fhall be neceffary to attend, and serve at the said County Courts.

And if any fuch Grand-juror, fo as aforefaid required, and fummoned to ferve on the Grand-jury, fhall neglect or refufe to appear, (unless he fhall give fufficient Reafon for his Refufal) he fhall forfeit the Sum of Twenty Shillings.

And all Grand-jurors fhall diligently enquire after, and make due Prefentment of all Misdemeanours and Breaches of Law, whereof they have Cognizance; whether the fame were committed before faid Grand-jurors Their duty. are chofen and fworn to faid Office, or afterwards: Which Prefentments they shall seasonably make to the Court, or to fome Affiftant or Justice of the Peace; that Offenders may be dealt with according to Law. And if any Grand-jury-man, after he is fworn, fhall neglect to make seasonable

Grand-jury Men. Guardians.

93

feasonable Prefentment of any Breach of Law, whereof he hath Cognizance, he fhall pay a Fine of Ten Shillings.

Ail which Penalties fhall be and belong to the Town-Treafury of the Penalties to Town where fuch Grand-juror dwells.

And all Grand-jury-men fhall be allowed Four Shillings per Day for their Time of Attendance, and Four Pence per Mile Travel out, when they fhall be required to give their Attendance at the Superior or County Court: To be paid out of the State or County Treafury, as the Law directs.

And every Town in this State that fhall neglect or refufe to make choice of Grand-jurors, as aforefaid, fhall for every fuch neglect or refufal, incur the Penalty of Five Pounds, to the Treafury of the County wherein fuch Town lieth: To be recovered by Bill, Plaint or Information.

And to enable Grand-jurors more effectually to detect Breaches of Law, Be it further enacted by the Authority aforesaid, That the Grand-jurors in each refpective Town in this State, fhall once in three Months in each Year, and oftner if need fo require, meet at fuch Time and Place as they fhall appoint, to advife concerning fuch Breaches of Law as by their Office they are to enquire after and prefent: And fhall have Power to call before them at fuch Meetings, any Perfon or Perfons as Witneffes, in order to be examined touching fuch Delinquency as they are enquiring after: And if any Perfon refuse to appear before fuch Grand-jurors at fuch Meeting, being fummoned thereto by Warrant from an Affistant or Juftice of the Peace, (who are hereby directed to grant fuch Warrant, on the request of fuch Grand-jurors) or fhall refuse to be examined upon Oath, if thereto required, fuch Witneffes may by fuch Affiftant or Justice, on Conviction of fuch Refufal, be committed to the common Gaol; there to remain at his own Coft, until he will give Evidence, as aforefaid.

the town treasurer.

Allowance.

Penalty on towns negleing to choose, &c.

Grand-jurors to meet once in three

months, &c.

Provided, That fuch Evidence fhall at no Time be conftrued to the pre- Provifo. judice of fuch Witnefs.

And be it further enacted by the Authority aforesaid, That the Superior Court and County Courts in this State, fhall have Power to order a Grand-jury of Eighteen of those chofen by the refpective Towns in the County, or other fufficient Freeholders of the County where fuch Court is fitting, to be fummoned, impannelled and fworn to enquire after and prefent fuch criminal Offences as fhall be cognizable by faid Courts refpectively, where there fhall be Occafion.

And no Perfon shall be held to Trial, or put to plead to any Complaint, Indictment or Accufation for a Capital Offence punishable with Death, unless a Bill of Indictment be found against fuch Perfon for fuch Crime, by a Grand-jury legally impannelled and fworn; and that no Bill of Indictment fhall be prefented by any Grand-jury fo impannelled, unless twelve at leaft of the Jurors agree to it.

An A&t relating to Guardians of Minors.

BE it enacted by the Governor, Council and Reprefentatives, in General Courtaffembled, and by the Authority of the fame, That when and so often as there fhall be occafion, the Courts of Probate in the several Districts in this State, fhall be, and they are hereby impowered to allow of Guardians, who fhall be chofen by Minors of Age by Law for the chufing of Guardians; and to appoint Guardians for fuch as fhall be within that Age.

Superior and county

courts impowered to order in a grand-jury,

&c.

No perfon held to trial bill found,

unless upon

&c.

12 of the jurors to agree &c.

Guardians

how chofen.

And that when it fhall fo happen that there fhall be any Minor, of Age for the chufing a Guardian, who hath neither Father, Guardian, nor Maf- Judges duty ter; then each and every of the Judges of the faid Courts of Probates within

to caufe minors to elect-

94

On refufal judges to appoint.

Judges to

take bond.

Surveyors to be yearly chofen.

Three days warning.

Penalty for neglect.

Parents to

High-ways.

within whose District fuch Minor lives or refides, shall notify fuch Minor to appear before him, and elect fome meet Perfon to be his or her Guardian; which being done, the fame may be allowed as abovesaid.

And upon Refufal or Neglect to make fuch Election, fuch Judge fhall appoint, and the refpective Judges aforefaid, are hereby impowered to appoint a Guardian for fuch Minor neglecting or refufing as aforefaid. And the Power and Authority of fuch Guardian fhall be as good and effectual to all Intents and Purpofes, as if firft elected by fuch Minor; and thereupon allowed as aforefaid.

And every Judge of Probate, on his allowing or appointing any Guardian as aforefaid, fhall take fufficient Security of all fuch Guardians, for the faithful Difcharge of their Truft, according to Law; and to oblige them to render their Account of their Guardian-fhip to the Court, or Minor, when fuch Minor fhall arrive at full Age; or at fuch other Time, as the faid Court of Probate, upon Complaint to them made fhall fee cause to appoint.

An Act for providing, altering, regulating and mending High-ways.

B

É it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That each Town in this State fhall, at their annual Meeting for electing Town Officers, yearly choose two or more of their Inhabitants to be Surveyors of High-ways; to take care of, and over-fee the mending and repairing of all the High-ways within their Towns, refpectively: which Surveyors fhall be fworn to a faithful Discharge of their Office: Who are hereby impowered to call out the several Perfons in fuch Towns, from fixteen Years of Age, to fixty Years of Age; as well Indian, Molatto and Negro-Servants or Slaves, as others, (Magiftrates, Juftices of the Peace, Gofpel-Minifters, Ruling-Elders, allowed Physicians, School-Mafters, Conftant Herdsmen, Shepherds, one Miller to each Grift-Mill, and fuch other Perfons as are exempted by Law excepted) two Days at leaft, in each Year, if there fhall be need, and fo many more as in his or their Judgment fhall be found neceffary for the attaining the aforementioned End; to be directed in their Work by the faid Surveyors : And where they fhall fee meet to employ a Team, they may warn the Owner thereof to bring forth the fame for that Service: And the Owner of fuch Team fhall be allowed for his Team the Work of one Man.

And all Perfons fhall have three Days Warning, before the Day appointed for fuch Employment.

And if any Perfon fo warned, fhall refufe or neglect to attend and perform the faid Service, in Manner aforesaid, he shall forfeit for every Day's Neglect, viz. For a Perfon, the Sum of Two Shillings and Three-pence; and for a Man and Team, the Sum of Four Shillings and Six-pence.

Which Forfeitures being made by Minors and Servants, or Slaves, fhall be paid by their Parents, Guardians or Masters refpectively: And the pay when,&c Fines fo forfeited, fhall be delivered to faid Surveyors, and by them be improved to hire others to work in faid Ways.

Surveyors to

make prefentment.

And every Surveyor fhall, within four Days after the feveral Days appointed for faid Work, deliver in to fome Affiftant or Justice of the Peace, a true Prefentment of all fuch Perfons as have been defective, with an Account of their several Defects or Neglects: And if the Perfon defective, either in Whole or in Part of the Work, fhall not within one Week after, fatisfy the Surveyor, or give fatisfying Reasons to the faid Affiftant or Juftice, of his not working, fuch Affiftant or Juftice fhall grant a Diftrefs, directed to the Sheriff, his Deputy, or Conftable, for the levying by Distress

and