140

Upon complaint, fearch warrant to iffue, &c.

And if veni

found in the

Deer.

Half to the Treasury of the Town where the Conviction is had. And any one Affiftant, cr Juftice of the Peace, is hereby authorized to hear and determine any Offences against this Act; and may grant Execution on fuch Judgment, for the Fine and Coft in common Form: Orif the Perfon be unable to pay the fame, the faid Authority may difpofe of him in Service for that Purpose, for a Term not exceeding four Months.

2. And it fhall and may be lawful for any Affiftant or Juftice of the Peace, on just Suspicion being fhewn that any Deer hath been killed contrary to this Act, to grant a Warrant to fearch for the Venifon or Skins, in the fame Manner as in the Cafe of ftolen Goods, that fuch Offenders may be detected.

3. And in Cafe any Venifon or Skins of any Buck, Doe or fons, &c. is Fawn, newly killed, fhall be found with or in the Poffeffion of poffeffion of a- any Perfon, he fhall be judged guilty of killing fuch Deer; unless ny one liable, fuch Perfon can fatisfy the Authority before whom the Trial is,

unlefs, &c.

Who to make

of his Innocency, by giving a fatisfactory Account how the fame came into his Poffeffion, and that he did not kill fuch Deer, nor was aiding or affifting thereir

4. And the Grand Jurors in the refpective Towns, fhall enprefentment. quire after, and inform of all Breaches of this A&t: And on Conviction of the Perfon or Perfons informed against, shall be entitled to one Half of the Penalty aforefaid.

Provifo.

Penalty of 24 dol. for killing

deer in any park, &c.

5dols. for cha-` fing, &c.

Provided, That nothing in this A&t shall be understood to prohibit Perfons killing their own Deer, by them kept in Parks or Inclofures.

And whereas fundry Perfons in this State, have erected Parks or Incl fures for keeping and preferving Deer, which is likely to be for the Public Good, and more may be erected for the fame purpofe:

Therefore, For the Encouragement and Security thereof, 5. Be it further enacted, That if any Perfon or Perfons fhall kill or deftroy any Buck, Doe or Fawn kept in any Park or Inclosure in this State; or fhall courfe, chafe, hunt or wound any fuch Deer; or fhall wilfully pull up or throw down any Fence, Gates or Bars inclofing fuch Park or Inclosure whereby fuch Deer may efcape, without Leave from the Owner or Owners thereof; or fhall be aiding or affifting therein, every fuch Perfon or Persons fhall, for every fuch Trelpafs in killing or deftroying fuch Deer, forfeit and pay to the Owner or Owners thereof Twenty-four Dollars, befides the Price of fuch Deer fo killed or destroyed.

6. And for every fuch Trefpafs in courfing, chafing, hunting or wounding fuch Deer, whether fuch Deer be found without or within the Park, if it fhall appear that the Perfon committing fuch Trefpaís knew, or had good Reafon to think that fuch Deer belonged to the Owner of the Park, fhall forfeit and pay, as aforefaid, the Sum of Five Dollars, befides all fuch Damages as fhall be fuftained by fuch courfing, chafing, hunting or wounding.

7. And for every fuch Trefpafs in fo pulling up, opening or throwing down any Fence, Gates or Bars, as aforetaid, fhall forBreaking the feit and pay to the Owner or Owners of fuch Park or Inclosure,

44dols. for

the Sum of Forty-four Dollars, befides all fuch Damages as fhall inclofure of aaccrue thereby.

And for further Encouragement of keeping Deer in Parks, and to prevent their being deftroyed when by any Accident they get out of the

Park;

ny park, &c.

8. Be it further enacted, That no Perfon fhall courfe, chafe or 34 dols. fine kill any Deer within two Miles of any Park wherein Deer are kept, except the Owner of the Park or by his Licence, on Pain of forfeiting Thirty-four Dollars to the Owner of fuch Park.

for chafing, &c. any deer within two miles of any park.

Recoverable by bill, &c.

manner as di

9. Which feveral Penalties, Forfeitures and Damages, fhall and may be recovered by Action, Bill, Plaint or Information. 10. Upon Conviction of the Trefpaffer or Trefpaffers, and in Trial to be had the Trial of any and every Action brought for any of the Trefpaf- in the fame fes in this Act mentioned, relating to Parks, or the Deer in them, rected in the the Court before whom fuch Cafe fhall be brought, may proceed law against according to the Method provided in the fixth Paragraph of the trefpaffes, &c, Law, entitled, "An Act for detecting and punishing Trefpaffes in "divers Cafes, and directing Proceedings therein."

Provided nevertheless, That if the Defendant in any such Action be an Indian, or other Perfon ignorant of the Nature of an Oath, then fuch Court fhall refuse his Oath to discharge him, and fhall proceed on the Defendant's Part to enquire according to, and by any other proper Evidence that may be produced by the Defend

ant.

An Act for the Punishment of Defamation.

Previfo.

WHEREAS Defamation and Slander is a growing Evil, and tends Preamble. much to the Disturbance of the Peace:

PAR. 1.

E it enacted by the Governor and Council, and Houfe of Perfons that whofoever shall defame or flander any Perfon or Perfons whatfo- to pay a fine, not exceeding ever, and be thereof legally convicted before any Court in this 34 dols. to the State, fhall pay a Sum not exceeding Thirty-four Dollars, as a Fine county treafuto the public Treasurer of the County in which fuch Offence is ry, and damacommitted, and the Perfon or Persons flandered, fhall have fuch ges. Cofts and Damages, as the Court and Jury that have Cognizance of the faid Cafe fhall judge to be reasonable and juft.

2. And that if any Negro, Indian, or Molatto-Slave fhall utter, publifh er fpeak fuch Words of or concerning any other Perfon that would by Law be actionable if uttered, publifhed or spoken by dians, or MolIf Negroes, Inany free Perfon of or concerning any other; fuch Negro, Indian, attoes offend, or Molatto-Slave being thereof convicted before any one Affiftant &c. to be whipt or Juftice of the Peace, (who are hereby empowered to hear and and fold to dedetermine the fame) fhall be punished by whipping on the naked fray charges; unlefs, &c. Body, at the Difcretion of the Affiftant or Juftice of the Peace before whom the Trial is, (Refpect being had to the Circumftances of the Cafe) not exceeding forty Stripes. And fuch Slave fo convicted, fhall by fuch Authority be fold or difpofed of to defray

142

Provifo.

Delinquents.

all Charges arifing thereupon; unless the fame be by his or her Mafter or Mistress paid and answered.

Provided nevertheless, That fuch Slave be not debarred from making fuch Pleas, and offering fuch Evidences in his, her or their Defence or Juftification on fuch Trial, as any other Perfon might make Ufe of being fued in an Action of Defamation, fo far as relates to the Trial before said Affiftant or Juftice.

3. And whereas defaming the Civil Authority of the State greatly tends to bring the fame into Contempt; and thereby to weaken the Hands of thofe by whom Juftice is to be adminiftred:

Which great Evil to prevent:

Be it further enacted, That whoever fhall defame any Court of Juftice, or the Sentence or Proceedings of the fame; or any of For defaming 2 court of juf the Magiftrates, Judges, or Juftices of any Court, in Refpect of atice, &c. to be ny Act or Sentence therein paffed, and be thereof lawfully confined, imprif- vifted before any of the General Courts, or Superior Courts in oned, &c. this State, fhall be punished for the fame by Fine, Imprisonment, Disfranchisement or Banishment, as the Quality and Measure of the Offence, in the Opinion of the Court before whom the Trial is had, fhall deserve.

Delinquents to PAR. 1.

be tried by a

jury.

Where the pe

B

An Act concerning Delinquents.

E it enailed by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That all Perfons profecuted for any Matter of Delinquency, before the Superior or County Court, fhall have Liberty to be tried by a Jury, if defired.

2. That when any Person or Perfons fhall be brought before analty exceeds ny Affiftant or Juftice of the Peace, for any Matter of a criminal not 7 dols. tri- Nature, fuch Authority is hereby fully empowered to hear and able by an affiftant or jufdetermine the fame, where the Penalty does not exceed the Sum tice. of Seven Dollars.

3. But if by Law fuch Matter is not determinable by a fingle MinBut if it ex- ifter of Juftice, fuch Authority fhall recognize with Surety, fuch ceedsthe jurif- Perfon or Perfons, if bailable, to appear before the Court proper diction of a juf to try and determine the fame : And for want of fufficient Bail to tice, to be commit him or them to Gaol, for the Purpose aforefaid; and alfo to commit to Gaol all fuch as are not by Law bailable, that they may be brought to Juftice.

bound over,&c

ed to the coun ty court except, &c.

4. That when any Person shall be condemned in any Matter Appeal allow of a criminal Nature, before an Affiftant or Juftice of the Peace, (except for Drunkennefs, prophane Swearing, Curfing, or Sabbath-breaking) he fhall have Liberty of an Appeal to the next County Court; provided he give fufficient Security for his Appearance, and for the abiding the Judgment that may be given by the County Court therein. Perfon who fhall be required to appear 5. And if and give fuling, &c. to his Evidence, upon the Trial or Examination of any Delinquent be committed. or Criminal, or an Offender against any penal Law, fhall refufe to

Provifo.

Witneffes re

any

Delinquents.

appear, or make Oath to declare his Knowledge in the Cafe, the Court. Affiftant, or Juftice holding fuch Trial, may apprehend and commit the Perfon fo refusing to Gacl, there to remain at his own Coft, till he fhall give Evidence as aforefaid.

Provided always, That fuch Evidence fhall at no Time be con- Provifo. ftrued to his Prejudice.

143

6. And that when any Affiftant or Juftice of the Peace, fhall In what cafes have plain View, or perfonal Knowledge of any Perfon's being perfonalknowł guilty of Drunkenness, prophane Swearing, Curfing, or Sabbath- edge fufficient breaking, it fhall be accounted good and fufficient Evidence in for conviction. the Law, for fuch Affiftant or Juftice to make up a Judgment against fuch Perfon or Perfons offending, when guilty of any of the faid Crimes, having first caused such Perfons to be brought before him.

7. And be it further enacted, That no Perfon fhall plead in Be- No perfon to half of any Perfon or Perfóns that are upon Examination or Trial plead,&c.with for Delinquency, without Leave from the Court, Affiftant, or Juftice before whom fuch Trial is.

out leave.

8. And if any Perfon or Perfons upon his or their Examination Punishable for or Trial for Delinquency, or any other Perfon not under Exam- contempt, &c. ination or Trial as aforefaid, in the Prefence of any Court, fhall either in Words or Actions behave contemptuously or diforderly, it fhall be in the power of the Court, Affiftant, or Juftice to inflict fuch Punishment upon him or them as they fhall judge moit fuitable to the Nature of the Offence. Provided, That no fingle Minifter of Juftice fhall inflict any other Punishment upon fuch Offenders than Imprisonment, binding to the Peace or good Behaviour to the next County Court, putting them in the Stocks, there to fit not exceeding two Hours, or impofing a Fine, not exceeding Five Dollars.

Provifo.

9. And when any Sheriff, Deputy-Sheriff, or Constable shall receive a Warrant from any Court, Affiftant or Juftice that hath lawful Cognizance of the Offence, to do Execution of a Judgment Sheriffs, &c.te by them given against any Criminal or Delinquent, fuch Officer do execution, fhall proceed according to the Direction of fuch Warrant to do &c. Execution himself, or by fome meet Perfon by him to be procured, to the Acceptance of the Court granting fuch Warrant; and for doing Execution as aforesaid, a reasonable Satisfaction shall be made, as the Court, Affiftant, or Juftice fhall allow; which fhall be taxed as Part of the Coft against fuch Delinquent, and fhall be paid, as in this A&t is provided for the Payment of the Charges of Profecution.

10. Provided nevertheless, and be it further enacted, That no Perfon fhall be twice fentenced for one and the fame Crime, Trefpafs, or Offence; and that no bodily Punishment that is inhuman, barbarous, or cruel, fhall be inflicted on any Person.

Provifo.

11. And be it further enacted, That all Perfons who fhall for any Matter of Delinquency, or of a criminal Nature, be informed a- Delinquents to gainst, complained of, indicted, or any ways profecuted by any whether guilty pay cofts, informing Officer legally appointed and fworn for that Purpofe, or not, cxcepty shall pay all the neceffary Coft arifing upon fuch Profecution be- &c.

144

Not having eftate to pay the coft, how the

fame is to be paid.

Cofts, &c. how paid.

triable before

Delinquents.

fore they fhall be discharged; whether on Trial of the Cafe they fhall be found guilty, or not, if it fhall appear to the Court, Affiftant, or Juftice of the Peace before whom the Profecution fhall be, that the fame was occafioned by any unlawful or blameable Conduct of the Perfon or Perfons accufed; but in every Cafe where a Bill is prefented to a Grand-Jury, and by them returned not a true Bill, and in every other Cafe, whether an Indictment by a Grand-Jury, or other Information, it fhall appear to the Satisfaction of the Court, Affiftant or Juftice, that fuch Indictment or Information was occafioned by Miftake, or without any faulty Conduct of the Perfon or Perfons accused, fuch Perfon or Perfons fhall be difmiffed without paying Coft; and the neceffary Coft arifen fhall be paid out of the Treafury into which the Fine should have been paid, had the Criminal been fined upon fuch Profecution.

12. And that when any Perfon profecuted as aforefaid, who ought to pay the Coft of his Profecution, shall not have Estate to pay the fame, it fhall and may be lawful for the Court, Affiftant or Juftice, before whom fuch Procefs fhall be, to dispose of any fuch Perfon in Service to any Inhabitant of this State, or of the United States, for fo long a Time as fhall be neceffary to procure Money fufficient to pay fuch Coft: But when fuch Charges cannot be obtained out of the Eftate or Service of Perfon profecuted as aforefaid, fuch Charges, if the Trial be in the Superior Court, fhall be paid out of the State Treasury; and if fuch Profecution be in the County Court, the Coft shall be paid out of the County Treasury; and if before an Affiftant or Justice of the Peace, the Coft fhall be paid out of the Town Treasury.

any

13. And in Cafe Coft fhall arife on any Proceedings, or PurProfecutions fuit of any Perfon informed against by any Informing Officer, and fuperior court fuch Perfon cannot be apprehended, or being apprehended fhall, cofts to be paid without Fault of the Officer, efcape, before he is committed to out of the itate Prifon, or bailed; if the Crime of which fuch Perfon is accused is treasury,coun- cognizable by the Superior Court, the Coft fhall be paid out of the State Treafury; and if cognizable before the County Court, the Coft fhall be paid out of the County Treasury; and faid Courts refpectively (having allowed fuch Coft) fhall give Order for the Payment thereof accordingly, in every of the Cases aforefaid.

ty court, county treasury.

Cofts arifing on criminal

profecutions to be paid out of the ftate treaf

ury.

An Act in alteration of an Act, entitled an A&t, concerning Delinquents.

B

[ENACTED IN MAY 1792.]

E it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That the legal Coft and Expence which fhall hereafter arife on all public and criminal Profecutions, before the Courts of Common Pleas, be paid out of the Treasury of this State; and the faid Courts are hereby empowered to draw on the Treasurer accordingly; and that fuch Cofts if recovered of any Delinquent, on any fuch Profecution, fhall be paid into the Treasury of this State,