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warrant to is.

Half to the Treasury of the Town where the Conviction is had. And any one Alliftant, cr Justice 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 Cost in common Form : Orif the Person be unable to pay the same, the faid Authority may dispose of him in Service for that Purpose, for a Term not exceeding four Months.

2. And it shall and may be lawful for any Asistant or Justice of Upon com

the Peace, on just Suspicion being shewn that any. Deer hath been plaint, search

killed contrary to this Act, to grant a Warrant to search for the fue, &c.

Venison or Skins, in the same Manner as in the Case of stolen

Goods, that such Offenders may be detected, And if veni.

3. And in Cafe any Venison or Skins of any Buck, Doe or fons, &c. is Fawn, newly killed, shall be found with or in the Possession of poffeffion of a- any, person, he shall be juriged guilty of killing such Deer; unless ny one liable, such Person can satisfy the Authority before whom the Trial is, unless, &c. of his Innocency, by giving a satisfactory Account how the same

came into his Possession, and that he did not kill such Deer, nor

was aiding or assisting thereir. Who to make

4. And the Grand Jurors in the respective Towns, shall enpresentment. quire after, and inform of all Breaches of this A&: And on Con.

viction of the Person or Persons informed against, shall be entitled to one Half of the Penalty aforesaid.

Provided, That nothing in this Act shall be understood to proProviso.

hibit Persons killing their own Deer, by them kept in Parks or Inclosures.

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

Therefore, For the Encouragement and Security thereof,

5. Be it further enaded, That if any Person or Persons shall kill Penaltyof 24 or destroy any Buck, Doe or Fawn kept in

any

Park or Inclosure dol. for killing in this State; or shall course, chase, hunt or wound any such

Deer; or shall wilfully pull up or throw down any Fence, Gates park, &c.

or Bars inclosing fuch Park or Inclosure whereby such Deer may escape, without Leave from the Owner or Owners thereof; or shall be aiding or aflifting therein, every such Person or Persons shall, for every such Trespass in killing or destroying such Deer, forfeit and pay to the Owner or Owners thereof Twenty-four. Dollars, besides the Price of such Deer so killed or destroyed.

6. And for every such Trespass in coursing, chafing, hunting

or wounding such Deer, whether such Deer be found without or şdols. for cha- within the Park, if it shall appear that the Person committing such fing, &c. Trespass knew, or had good Reason to think that such Deer be

longed to the Owner of the Park, shall forfeit and pay, as aforefaid, the Sum of Five Dollars, besides all such Damages as shall be sustained by such courfing, chafing, hunting or wounding.

7. And for every such Trespass in fo pulling up, opening or 44dols. for throwing down any Fence, Gates or Bars, as aforelaid, shall forbreaking the feit and pay to the Owner or Owners of such Park or Inclosure,

deer in any

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the Sum of Forty-four Dollars, besides all fuch Damages as shall inclosure of aaccrue thereby.

ny park, &c. And for further Encouragement of keeping Deer in Parks, and to prevent their being destroyed when by any Accident they get out of the Park;

8. Be it further enacted, That no Person shall course, chase or 31 dols. fine kill

for chafing, &c any Deer within two Miles of any Park wherein Deer are

any deer withkept, except the Owner of the Park or by his Licence, on Pain of in two miles of forfeiting Thirty-four Dollars to the Owner of such Park.

any park. 9. Which several Penalties, Forfeitures and Damages, shall and Recoverable may be recovered by Action, Bill, Plaint or Information.

by bill, &c. 10. Upon Conviction of the Trespasser or Trespassers, and in Trial to be had the Trial of any

and Action brought for
every

in the same of the Trespas

any ses in this Act mentioned, relating to Parks, or the Deer in them, rected in the the Court before whom súch Case shall be brought, may proceed law against according to the Method provided in the sixth Paragraph of the trefpafies, &c, Law, entitled, “ An A&t for detecting and punishing Trespasses in 66 divers Cafes, and directing Proceedings therein.

Provided neverthelefs, That if the Defendant in any such Action bean Indian, or other Person ignorant of the Nature of an Oath, then such Court shall refuse his Oath to discharge him, and shall

Previso. proceed on the Defendant's Part to enquire according to, and by any other proper Evidence that may be produced by the Defend

manner as di.

ant.

An Act for the Punishment of Defamation.

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

Par. 1.

Representatives, in General Court assembled, That defame others whosoever shall defame or slander any person or Persons whatso- to pay a fine,

not exceeding ever, and be thereof legally convicted before any Court in this

34 dols. to the State, shall pay a Sum not exceeding Thirty-four Dollars, as a Fine

county treasu. to the public Treasurer of the County in which such Offence is ry, and damacommitted, and the Person or Persons flandered, shall have such ges. Costs and Damages, as the Court and Jury that have Cognizance of the said Case shall judge to be reasonable and just.

2. And that if any Negro, Indian, or Molatto-Slave shall utter, publish or speak fuch Words of or concerning any other Perlon that would by Law be actionable if uttered, published or spoken by dians, or Mol

If Negroes, Inany free Person of or concerning any other ; such Negro, Indian, attoes offend, or Molatto-Slave being thereof convicted before any one Assistant &c. to be whipt or Justice of the Peace, (who are hereby empowered to hear and and sold to dedetermine the fame) shalì be punished by whipping on the naked unless, &c. Body, at the Discretion of the Aslistant or Justice of the Peace before whom the Trial is, (Respect being had to the Circumstances of the Case) not exceeding forty Stripes. And such Slave so convięted, shall by such Authority be sold or disposed of to defray

417

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all Charges arising thereupon ; unless the same be by his or her Master or Mistress paid and answered.

Provided neverthelefs, That such Slave be not debarred from ma

king such Pleas, and offering such Evidences in his, her or their Proviso. Defence or Justification on fuch Trial, as any other Person might

make Use of being sued in an Action of Defamation, so far as relates to the Trial before said Afliftant or Justice.

3. And whereas defaming the Civil Authority of the State greatly tends to bring the same into Contempt ; and thereby to weaken the Hands of those by whom Justice is to be administred :

Which great Evil to prevent :
Be it further enacted, That whoever shall defame any Court of

Justice, or the Sentence or Proceedings of the fame ; or any of a court of jur the Magistrates, Judges, or Justices of any Court, in Respect of atice, &c. to be ny Act or Sentence therein passed, and be thereof lawfully confined, impris- vieted before any of the General Courts, or Superior Courts in oned, &c. this State, shall be punished for the same by Fine, Imprisonment,

Disfranchisement or Banishment, as the Quality and Measure of the Offence, in the Opinion of tho Court before whom the Trial is had, shall deserve.

An Act concerning Delinquents.

ry, if desired,

Delinquents to Par. 1. be tried by, a

Representatives, in General Court assembled, That jury. all Persons prosecuted for any Matter of Delinquency, before the

Superior or County Court, shall have Liberty to be tried by a JuWhere the pe

2. That when any Person or Persons shall be brought before analty exceeds ny Assistant or Justice of the Peace, for any Matter of a criminal not 7 dols. tri- Nature, such Authority is hereby fully empowered to hear and able by an af- determine the same, where the Penalty does not exceed the Sum tice.

of Seven Dollars.

3. But if by Law such Matter is not determinable by a single MinBut if it ex- ifter of Justice, such Authority shall recognize with Surety, such ceedsthe jurif- Person or Persons, if bailable, to appear before the Court proper diction of a juf

to try and determine the same : And for want of sufficient Bail to tice, to be bound over,&c

commit him or them to Gaol, for the Purpose aforesaid ; and also
to commit to Gaol all such as are not by Law bailable, that they
may be brought to Justice.
4. That when

any Person shall be condemned in any Matter Appeal allow- of a criminal Nature, before an Assistant or Justice of the Peace,

(except for Drunkenness, prophane Swearing, Cursing, or Sabty court ex

bath-breaking) he shall have Liberty of an Appeal to the next

County Court ; provided he give sufficient Security for his ApProviso. pearance, and for the abiding the Judgment that may be given by the County Court therein.

Person who shall be required to

any Witnesses re

and give

appear fuling, &c. to his Evidence, upon the Trial or Examination of

any Delinquent be committed. or Criminal, or an Offender against any penal Law, shall refuse to

ed to the coun

cept, &c.

5. And if

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appear, or make Oath to declare his Knowledge in the Cale, the
Court. Assistant, or Justice holding such Trial, may apprehend
and commit the Person fo refusing to Gacl, there to remain at his
own Coft, till he fhall give Evidence as aforesaid.
Provided always, That such Evidence shall at no Time be con-

Proviso. strued to his Prejudice.

6. And that when any Assistant or Justice of the Peace, shall In what cares have plain View, or personal Knowledge of any Person's being personalknow! guilty of Drunkennels, prophane Swearing, Cursing, or Sabbath-edge fufficient breaking, it shall be accounted good and fufficient Evidence in for conviction. the Law, for such Allstant or Justice to make up a Judgment against such Person or Persons offending, when guilty of any of the said Crimes, having first caused such Persons to be brought before him.

7: And be it further enacted, That no Person shall plead in Be- No person to half of any Person or Persons that are upon Examination or Trial plead,&e.with

out leave, for Delinquency, without Leave from the Court, Aslistant, or Justice before whom such Trial is.

8. And if any Person or Persons upon his or their Examination Punishable for or Trial for Delinquency, or any other Person not under Exam- contempt, &c. ination or Trial as aforesaid, in the Presence of any Court, shall either in Words or Actions behave contemptuously or disorderly, it shall be in the power of the Court, Assistant, or Justice to inflict such Punishment upon him or them as they shall judge most

Previso. suitable to the Nature of the Offence. Provided, That no single Minister of Justice shall inflict any other Punishment upon such Offenders than Imprisonment, binding to the Peace or good Be. haviour to the next County Court, putting them in the Stocks, there to fit not exceeding two Hours, or imposing a Fine, not exceeding Five Dollars.

9. And when any Sheriff, Deputy-Sheriff, or Conitable shall receive a Warrant from any Court, Assistant or Justice that hath lawful Cognizance of the Offence, to do Execution of a Judgment Sheriffs, &c.to by them given against any Criminal or Delinquent, such Officer do execution, fhall proceed according to the Direction of such Warrant to do &c. Execution himself, or by some meet Person by him to be procured, to the Acceptance of the Court granting such Warrant; and for doing Execution as aforesaid, a reasonable Satisfaction shall be made, as the Court, Asistant, or Justice shall allow ; which shall be taxed as Part of the Cost against such Delinquent, and shall be paid, as in this Act is provided for the Payment of the Charges of Prosecution. 10. Provided nevertheless, and be it further enacted, That no

Provilo. Person shall be twice sentenced for one and the same Crime, Trespaís, or Offence; and that no bodily Punishment that is inhuman, barbarous, or cruel, shall beinflicted on any Person.

11. And be it further enacted, That all Persons who shall for any Matter of Delinquency, or of a criminal Nature, be informed a- Delinquents to gainst, complained of, indiéted, or any ways prosecuted by any pihether guilty inforining Officer legally appointed and iworn for that Purpose, or not, cxcep shall pay all the necessary Coft arising upon fuck Prosecution be- &c.

.

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1

fore they shall be discharged; whether on Trial of the Case they shall be found guilty, or not, if it shall appear to the Court, Affiftant, or Justice of the Peace before whom the Prosecution shall be, that the same was occasioned by any unlawful or blameable Conduct of the Person or Persons accused ; but in every Case where a Bill is presented to a Grand-Jury, and by them returned not a true Bill, and in every other Case, whether an Indictment by a Grand-Jury, or other Information, it shall appear to the San tisfaction ofthe Court, Assistant or Justice, that such Indictment or Information was occasioned by Mistake, or without any faulty Conduct of the Person or Persons accused, such Person or Persons shall be dismissed without paying Cost; and the necessary. Coft arisen shall be paid out of the Treasury into which the Fine should have been paid, had the Criminal been fined upon such Prosecution.

12. And that when any Person prosecuted as aforesaid, who Not having eftate to pay the ought to pay the Cost of his Prosecution, shall not have Etate to coft, how the pay the same, it shall and may be lawful for the Court, Asistant fame is to be or Justice, before whom such Process shall be, to dispose of any paid.

such Perfon in Service to any Inhabitant of this State, or of the United States, for so long a Time as shall be necessary to procure Money sufficient to pay such Cost : But when such Charges cannot be obtained out of the Estate or Service of any Person profecuted as aforesaid, such Charges, if the Trial be in the Superior

Court, shall be paid out of the State Treasury; and if such ProCosts, &c.

secution be in the County Court, the Cost shall be paid out of how paid. the County Treasury; and if before an Aslistant or Justice of the

Peace, the Coft shall be paid out of the Town Treasury.

13. And in Case Coft shall arise on any Proceedings, or Purtriable before suit of any Person informed against by any Informing Officer, and fuperior court such Person cannot be apprehended, or being apprehended shall, costs to be paid without Fault of the Officer, escape, before he is committed to out of the state Prison, or bailed ; if the Crime of which such Person is accused is treasury,coun- cognizable by the Superior Court, the Coft shall be paid out of ty cobart, coun- the State Treasury; and if cognizable before the County, Court,

the Coft shall be paid out of the County Treasury; and said Courts respectively (having allowed such Cost) shall give Order for the Payment thereof accordingly, in every

of the Cases aforesaid. An Act in alteration of an Act, entitled an A&, con

cerning Delinquents.

[ENACTED IN May 1792.) BE

E it enacted by the Governor and Council, and House of ReprefenCofts arising tatives, in General Court assembled, That the legal Cost and on criminal

Expence which shall hereafter arise on all public and criminal prosecutions to Profecutions, before the Courts of Common Pleas, be paid out of the fate treal- the Treasury of this State ; and the said Courts are hereby empowury.

ered to draw on the Treasurer accordingly ; and that such Costs if recovered of any Delinquent, on any such Prosecution, fhall be paid into the Treasury of this state,

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