590

Plaintiff and defendant..

Serving every Attachment, Nine Cents.
Bail Bond, Seventeen Cents.

Levying every Execution not exceeding Three Dollars
and Thirty-four Cents, Seventeen Cents; and Two Cents
per Dollar for every Dollar beyond that Sum, in the
fame Currency with the Execution, or equivalent in
lawful Money.

Attending a Juftices Court, on Trial of each Action,
when obliged to attend, Twenty-five Cents...
Each Mile Travel out, Five Cents.

Sheriff attending the General Court, or Superior, or
County Court, per Day, One Dollar.
Conftable for like Services, Eighty-four Cents.

Dls. Cts.

17

}

84

7

To the feveral Sheriffs for diftributing the public Laws,
and Proclamations, and for their actual Attendance on
the General Affembly at the Election, Seven Dollars.]
Fees for Plaintiff or Defendant attending Court, per
Day, Twenty-five Cents.

For Witneffes attending any Court, per Day, each,
Thirty-four Cents.

Travel for Witneffes per Mile, Five Cents.

To the Party per Mile, Three Cents.

Jurors viewing Each Juryman for viewing High-ways, per Day, highways.

Clerks in the public offices.

Sixty-feven Cents.

}

0 67

0 84

Officer attending fuch Jury, per Day, Eighty-four Cents.
To Clerks employed in any of the public Offices in this
State, a fum not exceeding One Dollar, per Day, while
in actual Employ.

Town Clerk's Fees.

Town clerks. For Recording a Deed, Seventeen, Cents.
For Copy of a Deed, Seventeen Cents.
For other Copies and Recording Survey Bills, the fame
Fees as the Clerks of the County Courts for Copies.
For recording of Marriage, Birth, or Death, Five Cents.
Attornies Fees to be taxed in Bills of Coft.
At the Superior Court, One Dollar and Thirty-four Cents.
At the County Court, Sixty-feven Cents.
Each Grand Juror for attending the Superior or Coun-
ty Court, per Day, Sixty-feven Cents.

Attornies.

Grand jurors.

Witneffes.

Travel per Mile out, Six Cents.

Each Witness in Criminal Cafes, at the Suit of the State,
for attendance at the Superior or County Court, and
Expences, per Day, Sixty-feven Cents..

}

If before an Affiftant or Juftice, per Day, Thirty-four Cents.
State Attornies Fees.

Not exceeding the following Allowances.

State attorney. For conducting and pleading each Criminal Cafe, not Capital before the Superior Court, on Bill found. by the Grand-Jury, Nine Dollars.

Drawing an Indictment or Information, One Dollar

1

17 17

1 34

0 67

0 67

06

0 67

34

9

.: Fees.

For a Trial before the Superior Court in a Criminal Cafe,
on Information, or for conducting and pleading a Ci-
vil Cause, on behalf of the State, Seven Dollars.
For profecuting a Civil Caufe, when Judgment is giv-"
en on Confeffion or Default, in the Superior Court,
Three Dollars and Thirty-four Cents.
For a Capital Trial, Fourteen Dollars.

In a Criminal Cafe, on Confeffion before the Superior
Court, Five Dollars.

In a Cafe of nolle Profequi entered, or a return of a
Grand Jury, not a true Bill, Three Dollars and
Thirty-four Cents.

181

Dis. Cts.

7

3 34

14 00

5

3 34

If an Affiftant Attorney is allowed, in any Trial not Cap-
ital before the Superior Court in Behalf of the State,3
his Fee fhall be Three Dollars and Thirty-four Cents.
Or if Capital, Seven Dollars.

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 less, at the Discretion of
the Court.

County Surveyor's Fees.
For himself and Horfe, befide Expences, per Day, One
Dollar.

Poft Wages.

7

County fur

One }

OO veyor.

For Man, Horse, and Expences, per Mile, Seven Cents. The fame for Men employed in purfuit of Criminals, or conducting them to Gaol, and other like Services, done by Order of Authority.

Gaoler's Fees.

For dieting cach Prifoner, per Week, Eighty-four Cents.

An Act in Alteration of An A&t for regulating Fees.

[ENACTED IN OCTOBER 1795.]

E it enacted by the Governor and Council, and Houfe of Repre- Fees for mem

Bentatives in General Court affembled, That for the prefent,

as well as future Seffions of the General Affembly, the establish- ral affembly ment of the Fees of Affiftants and Representatives, shall be as established. follows-viz.

Affiftant's Fees.

For attending the General Affembly, per Day, Two Dollars. 2

Reprefentative's Fecs.

For attending the General Affembly, per Day One 1
Dollar and Thirty-four Cents.

1

Affiftants two O dols. per day.

Reprefenta

34 tives 1 dol. 34

hall cts. per day.

Provided always, and it is further enacted, That this A continue in Force until the rifing of the General Affembly in → October 1796, and no longer.

Provifo.

182

Beastiality.

Sodomy.

Falfe witnefs.

Arfon.!

Felonies.

An Act for the Punishment of divers capital and other

Felonies.

E it enacted by the Governor and Council, and Houfe of PAR. 1. Reprefentatives, in General Court affembled, That if any Man or Woman fhall lie with any Beast or Brute Creature, by carnal Copulation, such Person shall be put to Death; and the. Beaft fhall be flain and buried.

2. 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.

3. That if any Perfon rife up by falfe Witness, wilfully, and of Purpose to take away any Man's Life, fuch Offender fhall be put to Death.

4. That if any Perfon of the Age of fixteen Years, or more, shall wilfully, and of Purpose, burn any Dwelling-House, Barn, or 555. Out-Houfe, Ship or Veffel, if Prejudice or Hazard happen to the Life of any Perfon thereby, he shall be put to Death.

azines, veffels, &c.

5. That if any Perfon or Perfons fhall wilfully and malicioufly burn or destroy, or attempt or confpire to burn or destroy any Magazine of Provifions, or of military or naval Stores, belonging to the United States of America, or to this State; or if any MafBurning mag- ter, Officer, Seaman, Mariner, or other Perfon, entrusted 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 deftroy, or attempt or confpire to burn or destroy fuch Veffel, if Prejudice or Hazard to the Life of any Perfon happen thereby, or in Time of War, 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 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-house, or House of Correction, not exceeding ten Years, and a Forfeiture of all the Eftate of such Offender, to the Use of this State, at the Difcretion of the faid Court.

Cutting off members.

6. That if any Perfon on Purpose, 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.

7. That if any Perfon 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 Blasphemy. Government of the World; every 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 Behavior, at the Difcretion of the Superior Court who fhall have Cognizance of the Offence.

Atheism &

8. And be it further enacted, 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 advi- Deifm. fed fpeaking, deny the Being of a God; or any one of the Perfons in the Holy Trinity to be God; or shall affert and maintain that there are more Gods than One; or fhall deny the Chriftian Religion to be true, 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 first 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.

9. 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 or Information in Law or Equity; or be Guardian of any Child, or Executor of any Will, or Adminiftrator of any Eftate.

Provided nevertheless, That no Perfon fhall be profecuted by Virtue of this Act, for Words fpoken contrary to this Paragraph thereof, unless information thereof be given within fix Months after the Offence is committed.

2d. Offenety

Provides

Provided alfo, That any Perfons convicted of any of the said Crimes, fhall for the first Offence, upon renouncing fuch errone- Provife. ous Opinions in the Court where convicted, within twelve Months after Conviction, from the Time of fuch renouncing, be discharged from all Disabilities incurred by fuch Conviction.

10. And be it further enacted and provided, That the Governor, Governor, or er Lieutenant-Governor of this State, for the Time being, or any, &c. may re three Affiftants concurring, fhall have Power to reprieve a con- prieve. demned Malefactor to the next General Court.

In 125. 1. That any Perfon arraigned before the Superior Court, for Trial, on an Indictment for any capital Offence, by Law punifha- Jury may be ble with Death, fhall have Liberty peremptorily, without giving challenged. any Reason, to challenge twenty of the Jurors, fummoned and impannelled for faid Trial, and no more, without fhewing fuffieient Reasons.

An Act for the Punishment of certain attrocious Crimes

PAR. 1.

B

and Felonies.

E it enacted by the Governor and Council, and Houfe
of Reprefentatives, in General Court affembled, That

Robbery.

Counterfeiting.

Uttering counfeit bills, &c.

Counterfeiting coins.

terfeit coins.

Perfons guilty whofbever fhall commit Burglary, by breaking up any Dwelling-
of burglary, House, or Shop wherein Goods, Wares and Merchandize are
depofited-or fhall commit Robbery by robbing any Perfon in
the Field or Highway :-or fhall forge alter or counterfeit any of
the Bills of public Credit or Securities emitted by the Authority
of this State, or by Authority of any one of the United States of
America, oy any Note or Notes, iffued by any incorporated Bank
in the United States: or fhall utter and put off any fuch forged,
altered, or counterfeit Bill, or Bills, Security or Securities, Note
or Notes, knowing them to be fuch; or that fhall counfel, advife,
procure or any ways affift in forging, counterfeiting, imprint
ing, ftamping, altering, or figning, any falfe, forged, or counter-
feit Bill, Security or Note, knowing them to be fuch; or that fhall
engrave any Plate or make any Inftrument to be used for any of
the Purposes aforefaid; or thatfhall ftamp or any otherwife coun-
terfeit any of the Coins of Gold or Silver currently paffing in this
State; or that shall utter and put off any fuch counterfeit Coins,
knowing the fame to be base and counterfeit ; or that fhall make
Uttering coun- any Inftrument, or Inftruments for the Counterfeiting any of the
Coins aforefaid, or fhall be aiding or affifting therein or fhall
willingly forge and make, or caufe to be forged and made, or shall
Forgery aid, abet, counfel, advife, procure, or in any way affift, in For
ging and Making any falfe Deed, Conveyance, Will, Teftament,
Bond, Note, Obligation, Bill, Receipt, Releafe, Acquitance, Let-
ter of Attorney, or any other Writing of any Perfon or Perfons
Uttering for whatfoever, to prevent Equity and Juftice; or fhall, for fuch
ged deeds, &c. Purpofe, utter and publish as true, any fuch falfe Deed, Convey
ance, Will, Teftament, Bond, Note, Obligation, Bill, Receipt,
Releafe, Acquitance, Letter of Attorney, or other Writing,
knowing the fame to be falfe and forged :-or fhall be guilty of
State-and fhall be convicted of any or either of faid Crimes, be-
feloniously taking and ftealing any Horfe or Horfes, in this
fore any Court that fhall have cognizance thereof, Tuch Perion or
To be punish- Ferfons fo offending, fhall for the firft Offence fuffer Imprison-
ed by impri- ment in New-Gate Prison, and there be kept to hard Labour, for
a Term not exceeding three Years, at the Difcretion of the Court,
before which fuch Conviction fhall be had. And if
any Perfon
who has heretofore been convicted, of either of the aforefaid
not exceeding Crimes, fhall be again convicted, or if any Perfon fhall be a fecond
For the 2d of. Time convicted of any of faid Crimes, after the paffing of this
fence not ex- Act, fuch Perfons fhall fuffer Imprisonment in New-Gate Prifon,
ceeding fix and there be kept to hard Labour, not exceeding fix Years; and
years.
if any
Perfon fhall be convicted a third Time of any of said Crimes,
For the third fuch Perfon fhall fuffer Imprisonment in faid New-Gate Prison
offence during
during his natural Life.

Horfe ftealing.

fonment in

Newgate Prifon, for the firft offence,

three years.

life.

2. Be it further enacted, That if any Perfon fhall commit BurFor burglary glary or Robbery; if in the Perpetration of faid Crimes, the Perfon and robbery, if committing the fame, fhall be guilty of any perfonal abufe, Force. with perfonal or Violence, or fhall be fo armed with any dangerous Armour or abufe, &c.

Weapon, as clearly to indicate violent Intentions: fuch Perfon
being convicted thereof, fhall for the firft Offence fuffer Imprison.