3

Swearing Profane.

407

public or County Surveyor or Surveyors for the laying out of County Sur-
Lands, and for the renewing of the Bounds of Lands already veyors to be
laid out, according to their original Grants, as need fhall require; the County
appointed by
and for the running of Lines, and other Services proper for a Courts.
Surveyor to do, who fhall be fufficiently skilled in the Surveyor's
Art, and be furnished with Inftruments suitable and sufficient for
that Service. Each of which Surveyors hall take the Oath by
Law provided, and being appointed and qualified as aforefaid,
shall have full Power and Authority to execute faid Office in the
refpective Counties for which they are or fhall be appointed.

2. That when and fo often as any County Surveyor fhall be
employed in laying out any grants of Land, renewing Boundaries

that are loft, or running any Lines, or doing any Service in his Chainmen to
Office, and there be Occafion for carrying the Chain to Measure be under oath.
the Lines; the Men employed to carry the Chain, fhall take the
Oath by Law appointed for them; which Oath fuch Surveyor is
hereby fully empowered to adminifter to fuch Chainmen as he
calls to his Affiftance as aforefaid.

3. That when a County Surveyor is called out to run any Line
between adjoining Proprietors, and in order to find the Course Running ran
from Boundary to Boundary, he is obliged to run a random Line dom line, &c.
to find the certain and true Course, and in fo doing, runs on the no trespass.
Land of adjoining Proprietors, fuch Surveyor fhall not be deemed
guilty of Trefpats in fo running fuch random Line; but may
lawfully do the fame. Provided, He do faid Service in either of
the Months of March, April, Otober, or November.

Provifo.

4. And be it further enacted, That if any Parfon or Perfons fhall by any Ways or Means, oppofe, hinder, or interrupt any Coun- Penalty for ty Surveyor in the due Execution of his Office, as aforefaid; or refifting Surfhall by any Ways or Means, oppofe, hinder, or interrupt any veyors in the Committee appointed by the General Affembly, to run, fix, or execution of afcertain the Boundary Line between particular Townfhips or their Office. Proprietors, or for other Business, or any other Perfon by them employed to affift in the running and fixing any fuch Lines, or doing any other Business fuch Committee are appointed to du; every fuch Offender shall incur the Penalty of Seventeen Dollars, and be bound to his good Behaviour, with one or more Sureties, at the Discretion of the Court that hath Cognizance of such Offence: The one Moiety of which Penalty to be to the Treasurer of the County wherein the Offence is committed, and the other Moiety to the Prosecutor.

An Act against profane Swearing and Curfing.

PAR. 1. B E it enacted by the Governor and Council, and Houfe of
Reprefentatives, in General Court affembled, That Penalty for
if any Perfon within this State, fhall fwear rafhly, vainly or pro- fwearing, &e.
fanely, either by the holy Name of God, or any other Oath: Or 1 dof.
fhall finfully and wickedly curfe any Perfon or Perfons, fuch Per-
fon fo offending, shall upon Conviction thereof before any ons

450.

Tavern-kee

pers when and

Ced.

Swine. Taverns.

Affiftant or Juftice of the Peace, forfeit and pay for every such
Offence the Sum of One Dollar.

2. And if such Perlon or Persons fo convict, fhall not be able, or fhall refufe to pay the aforefaid Fine, he or they fhall be fet in the Stocks, not exceeding three Hours, and not lefs than one Hour for one Offence, and pay Coft of Profecution.

An Act for restraining Swine from going at large.

B
Eit enacted by the Governor and Council, and Houfe of Reprefen-
tatives, in General Court affembled, That no Swine fhall de al-
lowed to go at large on the High-ways, or Commons in this State;
and if any Perfon or Perfons, fhall allow their Swine to go at
large on the High-ways or Commons aforefaid, it fhall be the
Duty of the Haywards in the fevetal Towns in this State, and it
fhall be lawful for any other Perfon or Perfons, to impound fuch
Swine; and the Owner or Owners of fuch Swine, fhall pay the
Poundage thereof, by Law allowed, before they are releafed out

of Pound.

Always provided, That every Town in this State fhall have Liberty to agree otherwise, in their own Precincts, refpecting the Swine in fuch Town.

Provided nevertheless, That if the Swine (of fuch Town fo a greeing) fhall at any Time come within the Bounds of any other Town, they fhall in all Refpects be under the Regulation of this Act, as fully as if no fuch Agreement had been made; unless fuch other Town whereinto fuch Swine fhall come as aforefaid, shall also agree as aforefaid.

An A&t for licencing and regulating Houfes of public Entertainment, or Taverns; and for fuppreffing un licenced Houfes.

That

PAR. 1. Bertentatives, E it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That the Civil Authority, Select-men, Conftables, and Grand-jurymen, in the refpective Towns in this State,, fhall fome Time in the Month of January annually, convene together and nominate How nomina- the Perfon or Perfons whom they, or the major Part of them think fit and fuitable to keep an Houfe or Houfes of public Entertainment in the faid Town, for the enfuing Year: And if any of the Perfons fo nominated fhall die, or refufe or neglect to take out Licence, or be denied Licence by the County Court, or fhall re move from the Place where he dwelt when nominated, or fhall be legally fufpended; or in cafe the Authority and other Officers fhall judge it to be of public Convenience and Neceffity to add to the Number nominated in January; in either of faid Cafes they may convene on proper Notice, and nominate any suitable

Taverns.

409

County court to grant licen

cas.

Perfon or Perfons for the Purpofe aforefaid, at any Time within the Year: Which Nomination fhall be fent by them to the next County Court in that County, certified under the Hands of a majority of the Civil Authority, and of the Select-men in fuch Town; which Court fhall grant Licences to fuch Perfons nominated, or to fo many of them as faid Court fhall judge to be fuitable and neceffary to keep Houses of public Entertainment, and to no others; which Licences granted to the Perfons nominated in January, fhall be in Force for one Year, and no more; and the Licences granted to the Perfons afterwards nominated, fhall expire at the fame Time as thofe granted to the Perfons nominated in January: And the faid Court fhall take a Bond to the Treasurer of the County, in the Sum of Sixty-feven Dollars, of Bonds to be every Person to whom fuch Licence fhall be granted, for the due taken. Obfervance of all the Laws that are or fhall be made respecting Tavern-keepers, or Houfes of public Entertainment.

2. And if it shall so happen that any Town be deftitute of Ci- Nomination to vil Authority in it, at the Time of fuch Nomination, the faid No- be made if no mination in fuch Town fhall be made by the abovefaid Town authority preOfficers.

fent.

3. Be it further enacted, That no Person or Perfons licenced as Not to aforefaid, shall suffer any, either Men's Sons under Age, or Ap- fuffer chilprentices, Servants or Negroes, to fit drinking in his or her Houfe, dren and feror to have any manner of ftrong Drink there, without fpecial Or- vants to fit tipling, &e. der or Allowance of their respective Parents or Masters; on Pain of forfeiting the Sum of One Dollar for every fuch Offence.

4. Nor fhall any fuch licenced Perfon or Perfons allow or fuf- Nor young peo fer any Heads of Families, or fingle Perfons being Boardings, or ple'er other inSojurners, or any young Perfons, or other Inhabitants what loever habitants,fab. bath day or under the Government of Parents, Guardians or Mailers (Stran- faft day even and Travellers only excepted) to convene and meet together ings, on penal in Company or Companies in his or her Houle, in the Evening ty. next before or next following the Lord's Day, or any public Day of Fafting; on Pain of forfeiting the Sum of Seven Dollars for every fuch Offence.

gers

Always provided, That if fuch licenced Perfon fhall make it appear on Trial, to the Satisfaction of the Court, that he or he did, at the Time of the Meeting of fuch Perfons, as aforesaid, in his or her House, forbid their Continuance there; and on their Refufal immediately to depart, did alfo apply to the next Authority, or Conftable in the Place, to break up fuch diforderly Meetings, that then fuch licenced Perfon or Tavern-keeper shall be excufed from faid Penalty for that Time.

any

Provifo

5. That if Inhabitant or Perfon belonging to any Town, Penalty for fhall be found in any Tavern or licenced Houfe in fuch Town at any perfon any Time, either in the Night next before, or the Night next af- found in a tas ter the Lord's Day, or after nine of the Clock in any other Night, vern after nine o'clock, on, (except fuch Perfon or Perfons fhall fatisfy the Authority before whom they may be brought, that there was a proper Reason, or an Fff

&C.

410

ConRables,

Taverns.

extraordinary Occafion for their being there at fuch Time) and be thereof convicted before fuch Authority, fhall incur the Penalty of Fifty Cents.

6. That the Conftables (or any other Perfon having a special Warrant from Authority for that End) fhall have Power, and &c. to fearch, they are each of them hereby empowered to enter inte and fearch any Tavern or licenced Houfe; and for that End to require Asfiftance, and to break open any Lock or Door, as he fhall judge there is Occafion; and fhall command and caufe any Inhabitant or Perfon belonging to the Town where fuch House is, who fhall be found there, contrary to this Act, to depart forthwith: And all fuch Perfons as fhall refufe to depart on a Command fo given them, fhall and may be arrested by fuch Conftable, or Person having fuch fpecial Warrant, and fafely kept till they can be brought before an Affiftant or Justice of the Peace And upon Conviction of the Breach of this Act, fhall fuffer the Penalty of One Dollar.

allow inhabitants to fit drinking in his houfe, &c.

7. Nor fhall any Tavern-keeper fuffer any Inhabitant of fuch To taverner to Town where he dwells, or coming there from any other Town, to fit drinking or tipling in his or her Houfe, or any of the Dependencies thereof, or to continue there above the space of one Hour at one Time, (Travellers, Perfons upon Bufinefs, or any extraordinary Occafions there, excepted) on the Penalty of One Dollar for every fuch Offence fuch Tavern-keeper fhall be guilty of.

ters to be

pofted, &a.

8. Be it further enacted, That when and fo often as the Authority, Select-men and Grand-jury-men in any Town, or where Tavern haun- there is no Affiftant or Juftice living in any Town, the Selectmen and Grand-jurors fhall underftand that any Perfon in fuch Town is a Tavern-haunter, or fpends his Time idly at any fuch Houfe of Entertainment, they, or the major Part of them fhall, at their Difcretion, caufe the Names of fuch Tavern-haunters to be pofted at the Doors of every Tavern in the fame Town, by fetting up a Certificare under their Hands, forbidding every Tavernkeeper in fuch Town, on the Penalties contained in this Act, to enteriain, or, fuffer any fuch Perfon or Perfons therein named, to have or drink any trong Liquor in, or about their Houses, until fuch Authority, Sele&t-men and Grand-jurors fhall agree to take off fuch Prohibition.

9. And that if any Tavern-keeper fhall, after fuch Pofting of Penalty on any Perfon's Name, and Notice thereof given by any of the faid tavern-keep- Select-men or Grand-jurors, fuffer or permit any Perfon posted as aforefaid, to drink any Rum, Wine, or other ftrong Liquor in or about his Houfe, or in any of the Dependencies thereof, he -fhall pay as a Fine, the Sum of Ten Dollars.

ers.

Tavern-haunters to find fareties, &c.

10. And in cafe the Perfon or Perfons warned as aforesaid, fhall not after fuch Warning, leave off and forbear fuch their evil Practices, the Authority fhall caufe fuch Perfon or Perfons to appear before them, and demand Surety for their well-behaving therein; and in cafe fuch Perfon or Perfons fhall not find Sureties as aforefaid, then he or they fhall each one pay a Fine of Three Dollars and Thirty-four Cents, or fit in the Stocks for the Space of two Hours, on fome public Time or Seafon.

1

Taverns.

11. Beit further enacted, That the Conftables and Grand-jurors

411

in each Town fhall, and they are hereby required, carefully to in- Conftables fpect all Taverns or licenced Houfes in fuch Town, and make duty to indue Prefentment to the Civil Authority of all Perfons who fhall spect, &c.

be found trafgreffing this Act, or any Part thereof; and alfo warn all Tavern-keepers to obferve this A&t, and all other Laws refpecting the Regulation of licenced Houfes; and that they do not entertain any of the Inhabitants of the Town where they dwell, Contrary to Law.

Tavern

keepers not

12. And if the faid Officers fhall find that fuch Tavern-keepers do not obferve the Laws aforefaid, nor keep due Order, then they fhall make Prefentment thereof to the next County Court obferving the in the County at their first fitting; and fuch Court shall cause the laws, to be Perfon lo prefented forthwith to appear before them, to answer to prefented to fuch Prefentment: And if upon Trial fuch Tavern-keeper be the county found guilty, the Court fhall enter up Judgment for the forfeit- court, &c. ure of the Bond given, or procured to be given by such Perfon, for his or her due obfervance of the Laws refpecting Tavern-keepers, and for Cofts: And fuch Perfon fhall forthwith before faid Court, enter into a Bond of Sixty-feven Dollars, in the Tenor of the former Bond, which shall also be profecuted in like Manner, in cafe of Forfeiture.

13. And that whenfoever in a Prefentment made as aforefaid, it hall be inferted that the Perfon prefented had been warned as When a preaforefaid, by fuch Conftable or Grand-jorors, fuch Prefentment fentment is fhall be fufficient Evidence that fuch Warning was given: And made, &c. the Officers making fuch Prefentment fhall be ordered by faid Court to attend the Trial, and be allowed to give Evidence for the Proof of the Disorders complained of; and fhall by faid Court be allowed a meet Recompence for their Trouble and Charge.

14. Be it further enacted, That it fhall be the Duty of the Civ

to examine,

il Authority and Select-men of the feveral Towns in this State, Duty of the to inspect the Conduct of the Taverners or Innholders within their civil authority refpective; Towns and when it shall appear to them by their ownOb. &c. fervation,or the Information of any Informing Officer or otherwife, that any fuch Tavern-keeper does not duly obferve the Laws for regulating Houfes of public Entertainment but fuffers Disorders and Irregularities to be practiced in his or their Houfes, contrary to Law: fuch Authority and Select-men, or the major Part of them, are hereby authorized and directed to cite fuch Tavernkeeper before them, and examine into the Matters alledged or complained of by any proper Evidence; and on finding fuch Tavern-keeper in Fault, may duly admonish him or them for fuch Misconduct; or as the Cafe may be, they may, and are hereby empowered to fufpend fuch Tavern-keeper's Licence until the to fufpend in next Seffion of the County Court, of the County wherein such case, &c. Tavern-keeper dwells; and fhall caufe a Copy of fuch Order of Sufpenfion to be left with fuch Taverner, and thereupon fuch Tavern-keeper's Licence fhall be wholly fufpended accordingly; and his or her House under the fame Restraints in that Behalf, as ther unlicenced Houfes by Law are.

to admonish,