260

Six per cent. lawful incer

eft for monies loaned.

forfeited

B

Ufury.

An Act for restraining the taking exceffive Ufury.

E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That no Person or Perfons whatsoever, upon any Contract made, fhall take, directly or indirectly for loan of any Monies, Wares, Merchandizes, or other Commodities whatfoever, above the Value of Six Pounds, for the Forbearance of One Hundred Pounds, for a Year; and so after that Rate for a greater or leffer Sum, or for a longer or shorter Time.

And that all Bond., Contracts, Mortgages and Affurances whatfoever, All bonds &c. made for the Payment of any Principal, or Money lent, or covenanted to be lent upon, or for Ufury, whereupon or whereby there shall be referved or taken above the Rate of Six Pounds in the Hundred, as aforefaid, fhall be utterly void.

taken.

Penalty for taking unlaw

ful intereft, forfeiture of the value,&c.

to enquire and prefent.

And all and every Perfon and Perfons whatsoever, who fhall take, accept, and receive by way or means of any corrupt Bargain, Loan, Exchange, or by covine, or deceitful Conveyance, or by any other Way or Means whatsoever, for the Forbearance, or giving Day of Payment for one whole Year, of and for their Money, or other Thing or Things above the Sum of Six Pounds for the Forbearance of One Hundred Pounds for a Year; and fo after that Rate for a greater or leffer Sum, or for a longer or shorter Time, fhall forfeit and lofe for every fuch Offence, the full Value of the Goods and Monies or other Thing fo lent, exchanged, bargained, fold or agreed for; one Moiety thereof to the public Treafury of this State, the other Moiety to the Informer who fhall fue for and profecute the fame to Effect.

And whereas many Perfons, not contenting themselves with just and reasona ble Gains, or Intereft for Goods fold or Money lent, do ule many fubtil and clandeftine Methods to oppress their poor Debtors, by inducing and compelling them to give great and unlawful Sums for Forbearance; and to effect the fame, take Advantage of the Diftrefs and Poverty of their Debtors to induce them to conceal from Witnees the real Confideration of the Securities given.

For preventing of which,

Be it enabled by the Authority aforefaid, That the Grand-Jurors in their respective Precincts, fhall make Enquiry after all Perfons that are of evil Name and Fame for oppreffing their poor Debtors or Borrowers, or of taking exceffive Intereft for Forbearance, and fhall present fuch Perfon or Grand-jurors Perfons to the next Affiftant or Justice of the Peace, as being guilty of faid Crimes; and if thereupon fuch Perfon or Perfons fhall not fatisfy the Authority before whom he or they are brought to be examined, that he or they are not guilty, fuch Authority may bind over fuch Perfon or Perfons, with two good Sureties, in a Recognizance, not exceeding the Sum of One Hun dred Pounds lawful Money, to appear at the next County Court in that County where he or they dwell, to anfwer to faid Prefentment, and abide the Judgment of the Court thereon.

Refufing to

give bond, to be committed, &c.

One witness fufficient.

And if fuch Person or Perfons refuse to become bound as aforefaid, the faid Authority fhall commit him or them to the common Goal in faid County, there to remain till he or they conform themselves and become bound as aforesaid.

And if upon Trial before the Court, one credible Witness shall come and depofe against fuch Perfon or Perfons, that he or they have taken exceffive Intereft or Security therefor, or otherwife have oppreffed their poor Debtors or Borrowers, setting forth the Fact before the Court, it fhall be lawful for the Court to bind fuch Perfon or Perfons, with Sureties, in a Recognizance not exceeding the Sum of One Hundred Pounds lawful Money, to his or their good Behaviour; and that he or they fhall offend no more in the like Kind, for fuch Time as the Court shall judge meet.

And if fuch Perfon or Perfons fhall offend again in like manner, while he

ог

Weights, &c.

or they are under fuch Recognizance, to be proved against him or them by
one credible Witnefs, fuch Perfons fhall be adjudged to have forfeited their
Recognizance; unlefs fuch Perfons fhall be acquitted by a Jury of twelve
lawful Men of the Neighbourhood, declaring upon their Oaths, that they
believe he or they are not guilty: Which Jury he or they, at his or their
Request, and at his or their own Charge, may have the Liberty of.
And in Cafe Judgment fhall be given against fuch Perfon or Perfons,
the Court may at Discretion chancer down the Recognizance, more or lefs
according to the Aggravation of the Offence.

And be it further Enailed, That in any Action brought on any Bond, Bill, Mortgage, or other Inftrument whatfoever, it shall be lawful for the Defen-. dant in fuch Action, to inform the Court before which faid Action is brought, by filing his Complaint with the Clerk of fuch Court, on the fecond Day of the Court's fitting, that the Mortgage, Bond, or other Inftrument on which the Action is brought, is ufurious and oppreffive, and was given for no just or reasonable Confideration; and then in fuch Cafe the Court is directed and impowered to proceed in fearching out the Truth of fuch Complaint, as a Court of Chancery or Equity, by examining the Parties upon Oath, or in any other Way proper to a Court of Equity: And if the Plaintiff fhall refufe to be examined upon Oath, his Action fhall be Non-Suit, and the Court shall give Judgment for the Defendant to recover his Coft.

And if upon Trial the Court fhall find fuch Mortgage, Bond or Note, &c. to be ufurious or oppreffive, and for which the Defendant had no reafonable Confideration, they fhall adjust the fame in Equity, and give Judg ment that the Plaintiff recover no more than the juft Value of the Goods fold, &c. or than the principal Sum which the Defendant received of the Plaintiff, without Intereft, or any Advance thereupon. And be it further enacted by the Authority aforefaid, That if the Defendant in any Action founded on Contract, depending before an Affiftant or Juftice of the Peace, fhall file his Bill complaining that faid Contract is Ufurious; fuch Affiftant or Juftice shall enquire into, and adjust the fame in Equity, and render Judgment therein according to the Rules and Directions in this Act prefcribed for other Courts.

Always provided, That nothing in this Act be conftrued to prevent any Perfons from proceeding upon full Evidence in the common Courfe of Law againft exceffive Ufury, and ufurious Contracts, either in Defending or Recovering thereon, as in the first Paragraph of this Act is provided.

An Act for due Regulation of Weights and Measures.
BE
E it enacted by the Governor, Council and Representatives, in General Court
affembled, and by the Authority of the fame, That the Treasurer of each
County within this State, fhall at the proper Coft and Charge of the faid
County, provide, as there fhall be Occafion, and continually keep and
ferve in good Order, good and fufficient Weights and Measures as Standards
for the faid Counties: The Half Bufhel to be Brafs or Copper; which
Weights and Measures fhall be tried and fealed by the State Standards of
Weights and Meafures, and fhall be kept in the refpective County Towns
for the Ufe of the County, upon whofe Coft they were procured.

pre

Penalty for

And if any or either of the County Treasurers fhall not procure and keep the Weights and Meafores as abovefaid, and have the fame tried and fealed as aforesaid, he fhall pay a Fine of Five Pounds; one Moiety whereof fhall neglect. be to the Constable of the County Town that fhall complain, and the Remainder to the County Treafury.

And the Conftables in the County Towns fhall enquire whether the faid Weights and Measures be provided and sealed as abovefaid; and upon De

fault

262

Conftables to make enqui

ry.

Select-men to provide weights and

measures.

Conftables to make prefentment of all breaches of this act.

Weights, &c. of particular perfons to be be tried.

chofen and

Weights, &c.

fault of any or either of the faid Treafurers, the faid Conftables fhall present them to the next Superior Court in that County, who fhall caufe the faid Fine to be levied upon the Treasurer fo neglecting; unless he fhall fatisfy the faid Court that there are Weights and Measures provided and fealed as abovefaid, within the County Town for the Use of the County in which he ferveth as Treasurer.

That the Select-men in every Town within this State, fhall provide, as there fhall be Occafion, at the Charge and Coft of faid Towns, good Weights and Measures, to be preferved and kept in good Order, as Standards for faid Towns; which Weights and Measures. fhall be tried and fealed by the County Standards.

And the Conftables in every Town fhall make Enquiry into all Breaches of this A&t; and if upon Enquiry, the faid Conftables fhall find the Selectmen have not procured Weights and Measures as abovefaid, that then the Conftable or Conftables fhall make Complaint thereof to the next Affiftant or Justice of the Peace: Upon which Complaint the said Affiftant or Justice shall fummon before him the Select-men fo neglecting, and if they shall not fatisfy faid Authority that they have provided Weights and Measures as aforefaid, and that they then have the fame in fuch Town, the faid Authority fhall impofe a Fine of Forty Shillings on fuch Select-men; one Half to the Conftable complaining, and the other Half to the Town Treasury : To be levied by diftrefs and fale of their Goods according to Law.

And all Weights and Measures improved or ufed by any particular Perfons in any Town, fhall be tried by the Town Standards where they dwell: And whofoever shall make Ufe of any Weights or Measures that are not proved and tried by the Standards in their refpective Towns, fhall forfeit the Sum of Five Shillings for every fuch Offence committed; to the Use of the Treasury of fuch Town.

That the Inhabitants of each Town in this State, fhall choose one of Sealers to be their able and difcreet Inhabitants, to be a Sealer of Weights, and one to be a Sealer of Measures for their Towny who fhall take the Oath appointed for fuch Officers: And no Weight or Measure fhall be accounted good and legal that is not fealed and approved by faid Sealers.

fworn.

Weights, &c.

to be fealed

once a year.

That the Sealers of Weights and Measures in the refpective Towns fhall, once in every Year, feal the feveral Weights and Measures that are ufed in their Town...

Falfe weights. And all fuch Weights and Measures as cannot be brought to be equal with the juft Standard, the said Sealer fhall deface or destroy.

&c. to be deftroyed.

All weights,

&c. to be brought to the fealers in

April annually.

Penalty on fealers for neglect.

Provifo.

And that it is and fhall be in the Power of every Sealer aforefaid, fome Time in the Month of April yearly, to appoint a Time and Place where he will try the Weights and Measures; and to give public Notice thereof to the Inhabitants of their respective Towns, to bring their Weights and Measures to be tried: And whofoever fhall neglect to bring his Weights and Measures to be tried at the Time prefixed by the Sealer, being thereunto warned, he shall forfeit the Sum of Three Shillings; one Half to the Sealer, and the other Half to the Town Treasury; which the Sealer fhall have Power to recover from Time to Time.

And every Sealer that fhall neglect his Duty required in, and by this Act, fhall forfeit the Sum of Thirty Shillings for every fuch Default to the County Treasury.

Provided nevertheless, That nothing in the foregoing Act shall be construed or underftood to interfere with any Regulation that shall or may be made, relative to fixing the Standard of Weights and Measures, by the Congress of the United States, agreeable to the Powers vested in them by the ninth Article of Confederation.

Ап

An Act relating to Witneffes, and taking Affidavits out of Court.

FORAS MUCH as it is neceffary that Witneffes in Civil Caufes be fworn out of Court, when by Reafon of their going to Sea, living more than twenty Miles Preamble. diftant from the Place where the Caufe is to be tried, Age, Sickness, or bodily Infirmity, they are rendered incapable of Travel, and of appearing at Court. To the Intent therefore, that all Witneffes may impartially and indifferently teftify their certain Knowledge, and the whole Truth in the Caufe they are to speak unto;

take

when to be taken out of

BE it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That for either of the Reasons Affidavits aforelaid, and not otherwife, every Affiftant or Juftice of the Peace may Affidavits out of Court; fo as a Notification, with reasonable Time, be first made out and delivered to the adverfe Party (if within twenty Miles of the Place) or left at the Place of his Dwelling, or ufual Abode, to be prefent at the Time of taking fuch Affidavit, if he think fit.

And every such Witnefs fhall be carefully examined, and cautioned to testify the whole Truth; and being fworn, the Affiftant or Juftice fhall atteft the fame, with the Day, Month, and Year of the taking thereof; and that the adverfe Party was prefent, (if fo) or that a Notification was fent him, and shall seal up the Teftimony and deliver it to the Party, (if defired) at whose Request it was taken.

And no Perfon interested, fhall write or draw up the Teftimony of any Witness in fuch Caufe, nor any Attorney in his Client's Caufe: And if it manifeftly appear any Teftimony to be written or drawn up by any interefted, or the Attorney in the Caufe, or be returned from any Affiffant or Juftice of the Peace, by other Hand than his own, into the Court where the fame is to be used, unfealed; or the Seal having been broke up: All fuch Testimonies fhall be rejected by the Court, and be utterly void, and of none Effect in Law,

That every Affiftant and Juftice of the Peace fhall be, and is hereby in powered, upon Request to him made, to grant Summons for the Appearance of any Witness before him in any civil Caufe, whete fuch Witnefs is bound to Sea, or travelling out of the State, before the Time of Trial; and to take his Depofition in fuch Caufe, the adverfe Party being prefent, or Notification fent him, as aforefaid.

court.

Witneffes to be cautioned.

Afidavits not to be drawn by perfons in

terested.

Witneffes bound out of the ftate, ons to be their depofitions to taken, &c.

Provided nevertheless, That Witneffes to Bonds, Specialties, Letters of Attorney, and other Instruments in Writing under the Hand of the Party Provifo. executing the fame; or to Accounts or Teftimonies relating to Perfons out of this State, or to be fent beyond Sea, may be fworn without fuch Notifi cation, as aforefaid.

That if any Perfon or Perfons, upon whom any lawful Procefs or Summons fhall be served to teftify, depofe or give Evidence concerning any Cause or Matter depending in any Court in this State, and having tendered to him or them fuch reafonable Sum or Sums of Money, for his or their Penalty. Cofts and Charges, as having Refpect to the Distance of the Places is neceffary to be allowed, as the Law requires in that behalf, do not appear ac2 cording to the Tenor of the Procefs or Summons, having no lawful or reasonable Lett or Impediment to the contrary; that then the Party fo making Default, fhall for every fuch Offence, loofe and forfeit Thirty Shillings, and fhall yield fuch further Recompence to the Party aggrieved, according to the Lo and Hindrance that he fhall fuftain by Reafon of the Nonappearance of the faid Witnefs or Witneffes: The faid feveral Sums to be recovered by the Party fo grieved, against the Offender or Offenders, by Action Bill, Plaint or Information in any Court of Record.

Be

Veffels fhipwrecked to be relieved,

&c.

Upon difcovery of a wreck on the coaft, duty of

the select

men to take

effectual meafures for faving, &c.

Notice thereof to the

judge of the

county court,

&c.

Wrecks of Sea.

Be it further enacted by the Authority aforefaid, That no Perfon for any Fact committed, fhall be put to Death but by the Teftimony of two or three Witneffes, or that which is equivalent.

That all Executors of Wills within this State, fhall have Liberty to have the Witneffes to fuch Wills, examined and fworn in the ufual Form, before the next Affiftant or Juftice of the Peace: Which Affiftant or Juftice fhall enter the Oaths of the Witneffes on the Back-fide of the Will, and atteft the farne: And the Oaths of the Witneffes fo taken, shall be accepted by the Court of Probate, as if they had been taken before the faid Court.

An A&t concerning Wrecks of Sea.

E it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That if any Ships or other Veffels fhall fuffer Ship-wreck upon our Coafts, there fhall be no Violence or Wrong offered to their Perfons or Goods; but their Perfons fhall be harboured and relieved, and their Goods preferved in Safety, till Authority may be certified thereof, and shall take further Care, and give further Order therein.

That so often as any fhip-wrecked Property fhall be discovered on the Sea-coaft of this State, it fhall be the Duty of the Select-men of the nearest Town thereto, and it shall be lawful for any other Perfon to take the most effectual Measures for faving and fecuring the fame; and if need be, such Perfon or Perfons fhall apply to an Affiftant or Juftice of the Peace, who is hereby authorized to grant a Warrant, directed to a proper Officer, to impress and call forth requifite Affiftance for that Purpose: And that the Perfon or Perfons fecuring fuch Property, fhall immediately give Notice thereof to the Judge of the County Court in the County where the fame fhall be fecured; who fhall direct the Sheriff of faid County to feize the said Property, and the fame keep and hold until it fhall be releafed or difpofed of by order of faid Court. That if any Owner of fuch. Property, being a Perfon intituled The property by the Laws of the Land, or the Laws of Nations, to a Restoration thereof, to be restored fhall within a Year and a Day after fuch Seizure, appear and claim the fame, it shall be restored to him, on his paying fuch reasonable Cofts and Salvage, for the Perfons to whom due, as the faid Court fhall order and allow. And in Cafe no fuch Owner fhall within that Time appear, and claim faid Property and pay Cofts and Salvage afcertained as aforefaid, the fame fhall be fold by order of faid Court, and the avails thereof (first deducting reasonable Cofts and Salvage for the Persons to whom due) shall be lodged in the Treasury of this State.

Sheriff to feize, &c.

to the Owner if he appears

within a year and a day and pay coft and falvage, if

not the net avails to be

lodged in the ftate treasury.

Provifo.

Provifo.

Always provided, That if the Property fo feized, be of a perishable Nature, the Court having the ordering of the fame, may, at their Difcretion, direct it to be fold within the Time limited as aforefaid, retaining the Avails thereof for the fame Purposes as the faid Property was holden.

Provided alfo, That in every Cafe where no Owner shall appear within one Month after fuch Seizure, to pay Salvage and Cofts, the Court having the ordering of fuch Property, may, at any Time afterwards, order fo much thereof to be fold as fhall be fufficient to pay the Salvage and Costs.

An