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conducting them to Gaol, and other like Services done
States, fix Shilling,
For a Register, Eight fhillings,
An Act for the Punishment of divers capital and other Felonies.
Representatives, in General Court Beftiality afjembled, and by the Authority of the jume, That if any Man or woman
shall lie with any Beast or Brute Creature, by carnal Copulation, such Person shall be put to death ; and the Beat Thall be flain and buried.
That if any Man Thall lie with Mankind, as he lieth with Womankind, Sodomy.
both of them have committed Abomination, they both shall be put to death, except it shall appear that ne of the Parties was forced, or under fifteen Years
in which całe the Pas-, forced, or under the Age aforeiaid, thall not be liable to suffer the said Punishme...
That if any Person rise up by false Witness, wilfully, and of Purpose, to take Falle witness
away any Man's Life, such Offender fhall be put to death.
That if any Person of the Age of fixteen Years, or more, shall wilfully, and Arlon.
of Purpose, burn any Dwelling-House, Barn, or Out-House, he thall be put to death i Or if no Prejudice or Hazard to the Life of any Perlon happen there. bý, shall suffer füch other seyere Punishment as the SĄperior Court Thall deter. mine, and also fatisfy all Damage to the injured or aggrieved Party.
That if any Person or Persons Tall wilfully and malicioudy burn or destroy, or attempt or conspire to burn or destroy any Magazine of Provisions, or of
military or naval Stores, belonging to the United States of America, or to this Burning ma- State ; or if any Master, Officer, Seaman, Mariner, or other Person intrafted gazines, vel.
with the Navigation or Care of any Vefsel belonging to the said United States, or fels, &c.
Vefsel belonging to this State, shall wilfully and malicioufly burn or defroy, or attempt or conspire to bwn or destroy such Vessel, or in Time of War, mall wilfully betray, or voluntarily yield or deliver any such Vessel to the Enemies of the United States of America'; every such Perfon, and their Aiders or A. bettors, on legal Conviction of either of the Ofences aforesaid, shall suffer death ; or if any of the said Offences, when committed in Time of Peace, Hall be aitended with such alleviating Circumftances as in the Judgement of the Superior Court may render it realonable to infict a lower Punishment, fuck
Perfon may be punished by whipping on his naked Body, not exceeding forty Stripes, and by Banishment, or linprisonment in any Work-Houle, or House of Correction, not exceeding ten Years, and a Forteiru:e of all the Ettate of foch Offender, to the Use of this Srare, at the Discretion of the said Court. That if any person on Purpose, and of Malice, Fore-thought
, and by laying Cutting * in wait, thall cut out or disable the Tongve; or put ouc an Eye or Eyes, to that the person is thereby made blind; or shall ciit off all, or any of the privy Members of any Person. ; or shall be aiding or affitting therein, such Offender, or Ofenders shall be put to death.
Thor if any person within this State, fhail presume wilfully to blaspheme the Name of God the Father, Son, or Holy Gholl, either by denying, curfing, blafphemy, cr reproaching the rrue God or bis Government of the World ; every Person to offending, shall be panished by whipping on the naked Body, not exceeding forty Stripes, and fitting in the Pillory one Hour: and may also be bound to his good Behaviour, at the Discretion of the Superior Cours who shall have Cogcizance of the Offence.
And be it furtber ennéled by the Pullerity aforelaid, That if any person within this Stare, having beerteducated in, or having made Profeilion of the Christian Religion, mail by writing, printing, teaching, or ajviled ipeaking, deny the Being of a God; or any one of the Persons in the Holy Trinity to be God ; or all allert and maintain that there are more Gods than One ; or Mall deny Deism. the Christian 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, shall for the first offence, be incapable to have or enjoy any Offices or Einployments, scclefiaftical, civil or military, or any Part in them, or Profit by them : And the Offices, Places and Employments enjoyed by lush Persons at their Conviction, shall be void.
And such Person being a second Time convicted of any of the aforesaid Crimes, shall be disabled to fué, prosecute, plead, or maintain any Action or ad Offence. information in Law or Equity; or be Guardian of any Chiļd, or Executor of any Will, or Administrator of any Eftate.
Providşa nevertheless, That no Perton ihall be prosecuted by Virtue of this A&, for Words spoken contrary to this Paragraph thereof, unless Information thereof be given within fix Months after the Ofence committed.
Provided aljo, Thaç any persons convicted of any of the said Crimes, Mall for the firft Offence, upon renouncing such erroneous Opinions in the Court Proviso. where convicted, withip twelve Months after Conviction, from the Time of such renouncing, be discharged from all Disabilities incurred by such Conviction.
And be it further enated and provided by the Autbority aforefaid, That the Governor, or Lieutenant-Governor of this state, for the Time being, or any Governor, three Afäftants copcurring, shall have power to reprieve a condemned Ma- or, &c. may lefzdor to the next General Court.
reprieve, That any Person arraigned before the Superior Court, for Trial, on an Indictment for any capital Offence, by Law punishable with Death, shall have Liberty peremptorily, without giving any Reasons to challenge twenty of the challenged.
Jury may be Jarore, summoned and impannelled for taid Trial, and no more, without Thew ing fufficient Reasons.
An Act for ordering and regulating Fields and Fences.
assembled, and by the Auibority of the fame, That those who are, or hall be Proprietors of Owners of Land in any Field that now is feuiled,
reputed, or used, or hereafter thall be formed, fixed, or fated for a Com ·mon Field, shall and may meet together by themíclves or Agents, annually on
the first Monday in March, or on such other Day as they had appoin, at the Owners of
usual Place of the Town-Meeting in the Town where fuch Fjeld is, or at fuch fields to other Place as they thail appoint, to order the Afairs of such Field, with Remeet annu. spect to the Fencing and improving said Field, and all other Things necessarv ally. for the well ordering, managing and improving the same : In wbich Meetings
the Proprietors ofiuch Fields Mall have full Power by their major Vote, to be computed by Interest, to arder all loch Affairs as they fallsee meet.
And the betier to enable ibem to carry on and manage the Affairs of such Fields,
They are hereby inpowered to chule a Moderator, and Clerk; which Clerk
hall enter all she Acts an1 Votes of the said Proprietors, relacing to the MaTo chuse a
nagement of the said Common Fields; and shall be livorn to a faithful-Discharge moderator and clerk.
of his Office : Woole Fees (nail be the fame as the Town-Clerks for the like Service... And such Clerk being once chosen and sworn, shall coatinue in his Office till another be chosen and sworn in his Room.
They shall also chuse a Committee to take Care of, and manage the Affairs
of their Common Field; and may also chase their own Fence-viewers and HayAllo a committee.
wards out of their own Number of Proprietors, who shall be sworn to a faithfal
Discharge of the Duties belonging to their respective ofices. Penalty for
And if any Perion or Persons Thall refuse to serve, being duly chosen, as not terving. aforefaid, he or they fall incur the same Penalty as is provided in Cafe of
Town Officers Refusal ; and to be levied in the same Manner.
And the Committee appointed for any Common Field may call a Meeting Committee of the Proprietors of such Field when they fall judge it needful; either by to call meet. giving Warning unto such of them as live in the Town where such field is,, ings. and to the Agents, if any be, in the fame Town of Non-Retdent Proprietors,
at least three Days before such Meeting, of the Time, Place and Businels of such Meeting ; or by warning the said Proprietors in such other Viander, as they in any of their lawful Meetings thail agree upon.
And the Proprietors of Common Fields at any lawful Meeting are hereby Proprietors fully impowered to grant, and levy Taxes opon themselves, according to their impowered Intereft in such Fields, for the defraying the Charges that may arise in terring to levy taxes out, or altering the Fence, in making Gates, and Bridges for their fieldand
for any other public or common Charge about said Field, as they shall judge needful ; and appoint Kate-makers, and Collectors for the making, and ga. thering fuch Races ; Which Collectors thall have the same Power and Authori.. ty as Collectors of Town-Rates have ; and shall be under the fame Penalties, in Case of Refusal to accept, and execute the faid Office.
And be it further maxled by the Authority aforesaid, That whea any Number of Proprietors, or Owners of Land in any Town have their Lands adjoining,
and so situate as that it may be commodious, and beneficial for them to improve Two-thirds
the faid Lands as a common Field, if, two.third.Parts of fuch Proprietors, acof proprie- counting their Voces according to lateret, tall agree to improve fuch Lands tors agree.
as a common Field; they are directed to represent the Circumitances thereof ing, &c. to
to the County Court of that County; and notify the other Proprietors of faid represent
Lands to appear at said Court, to make Objections (if any they have) against their care to the county
said Lands being improved, as aforesaid. And on laid Proprietors obtaining court. the Approbation and Allowance.uf said Court to improve faid Land, as afore:
said, the Proprietors and Owners of such Lands are hereby fully authorized and impowered to form and improve the said Lands as a common Field : Jo which Case they fall have the same Power and Privileges, and be under the same Regulations as those are which are already stated, formed, reputed, or used as Luch.
And the better to exable Proprietors of common Fields to fence; and manage, and regulere-Foxir Forces. Be is further inated by the Authority aforejaid; That the Committec of the
Committee Fieid, of a Committee to be appointed for that Purpose, are hereby impowered. to proporciona and directed to appoint, and set out the Piace where, and the Proportion which the tence. Each Proprietor shall have his Fence erected, either in the Line of Fence already fiated, or in any other, of new Line to be fixed, and flated by the Proprietors: (Which they are fully in powered to do).
A d.every Proprietor in such common Field, thall duly erect, (if need be) zu ihail maintain lis Proportion of the faid common. Fence, according to the Proprietors.r. Direction of fuch Committee, vvon ihe Penalty of incurring such Forfeiture as ordless of the is hereafter in case of defective Fence provided : And also shall attend all Orders major paro, cf the major Part of the Proprietors of such common Field, forl, che Improve. &c. ment thereot; for the common Good, and Benefits
And that any person or Persons having bis or theit Part or Proportion of common Fence set out to him or thera by foch Committee, shall havė Liberty, May pass oin order to make or repair his or their faid Part or Proportion of common ver others Peace, oi pailar over any Perlonts: Lot or Land whatsoever, as much as land. hat be necessary for the Purpose aforesaid.
o And wien it shall so happen bar the Line of Fénce,ordered, as aforesaid, for
How ordered the enclosing any common Field, sons, or hall run in, or upon the Line or when fence Bounds between thie Land of any Perlon making a particular Inclofure; and the meets a pare, Lands of the Common-Field, 'the owe Mojety of the dividing Fenceatsaid Place, ticular inclohall be made and maintained by the Proprietors of the Common-Field, and lure. the other Moiecy by the owner of such incloture. :.
And where it sail so happen that the common Line of Fence runs, or fallrun across the Land of any Perlon making a particuiar Incloturč, leaving part on one sile, and part on the other side of fuch: coamon Line, Confideration, shall be had in proportioning out the fence to such Inclosure, of the Advantage or. Disadvantage the owner of such laclosure hath by the Fence toading acrofs, the fence,
Inspected by: as aforesaid : l'hich the Committee are to:'observe in proportioning out to viewer:. fach Owners their part of the Dividend Fencei 31. And all such Fence setsout to the Oriners of particulari taclosuressas aforesaid, Shall be inspected and repaised by-the Pence-Viewers as part of the Fence of the Common-Field: 74 And that neither the Proprietors of such common. Field, nor the Owner of
Fence not to fach Inclosure all excuse themselves by laying, open their field or laclofure, be lait down? from making and maintaining their part of foch dividend Fence, without Li- without berty 10.00-do, first had and obtained from the County Court, in the same leave. County where such Fence iso. Pollins And where the common Line of Fence: inclosing any general i Field, así
When it is aforesaid, has already been, or hereafter shall ber series and proportioned ar proportionèd greeable to the Resolves and Vores of the Proprietors aforesaid, it fall for se- .--to abide. main until altered by such Proprietors. W
And wheoloever the Proprietors of any Common Field fall agree by their major Vote, computed as aforesaid, to alter or new.lay, or run their common Pence, Doings to be
entered by the Committee to effect the fame, shall cause their Doings to be entered with the Clerk of faid Pield::
And that the Proprietors Committee, from Time to Time, as Occasion res ; quires, Mall have Power, and they are hereby im powered, when and so often,
Purchasers to as any Person shall purchase any Lands in such common Field, to set out to foch Purchaser his Proportion of Fence, at the Defire and Charge of the fence set out.
have their Grancor ; which Grantor thall maintain said Fence until such Time as he procure the same to be dome ; and cause an Entry thereof to be made by the Clerk of said field.
And if any Person having Land lying in any common Field, fhall decease,
Committee and his Heirs and Succeffors refuse to make or maintain the Fence that be. to fix the lift longed to such Land, the said Committee are hereby impowered to make a just the heir of and equal Proportion of said Fence, fixing the fame in the List of Fence to the the deceased Heirs or Succeflors of the Deceased : Which Fence shall be accouured in such
Heirs or Succeffors, as it was to their Predeceffor...
Ara 10 prevere Difficulties that may arise by the owners of Fences in the Lire of Common Fence, neglecting to keep up Stakes with the qua firfy Letters of their
Names on them, 10 dillingulsh their parts of the Common Fence : Owners of
It is furthe+ enabled by the Kushority aforesaid; That all Owners of Fence in fence in the the line of Common Fence, thall fet and keep up fuch Stakės, marked as fields to fet aforesaid. And that every person who fall neglect, more than two Days, up mark's after Warning given him by either of the Fence-Viewers of that Field, to fec stakes, on up Stakes marked as aforesaid, shall for every such Neglect, forfeic the Sum of penalty, &c. One filling and fox-pence; to be collected and paid to the Proprietors of
such Field, or their Order. Common Be it furrber ena@ed by the Auibority aforefaid, That all Common Fields fields to be sufficiently
shall be sufficiently fenced : And ehat all five-sail Fence, and stone wall four fenced.
Feet high, being well and substancially erected ; and all other Fence, eicher of
Rails, Boards, Hedge, Ditch, Brooks, Rivers, Creeks, &c. which in the Judg, What all
ment of the fence-Viewers shall be equivalent to the said five-rail Fence, thall be accoun- be adjudged sufficient Fence. And that such quick-set Fence as shall be acced fo. counted fufficient in the Judgment of the Fence-Viewers to fence againk ruly
Horses, Near-Cattle and Shëep, shall be judged and accounted fufficient Fence.
And ibat the Fence of Commen Fields may be kepi wp, dnd Damagi ibereit prevented.
It is further Énatieds That the Fence-Viervers of any Common-Field, Fence view. Mall carefully inspect the Fence of faid Field, and View the same as often as ersio in
they shall judge it needful : And also whensoever they shall be called out and fpe&t the fence.
ordered by the Committee of such Field, shell Irispe&t and View the fame, and take Care that the fame be kept up and maintained in a good and fufficient Manner during the Time they respectively shall continue in that Office.
And to enable them to do the same, They are directed and fully in powered upon View of such Common-Fence, and finding any Part thereof to be insufri
cient and defective, without Delay to give Notice or Information to the Owner Fenee view. or Owners of such defective Fenice, or to such Person or Persons as ought to ors duty and maintain, or who have the Care of maintaining such Fence, of the insuficiency, power. thereof; who Thall fufficiently erect or repair the same, within the space of five
Days after Notice given: And in case of neglect thereof, the Fence-Viewers Thall forthwith repair and make äp the faine ; and the Person to whom it belongs to maintain said Fence, shall pay double Coft and Charge to the FenceViewers for repairing the same: And in case of Neglect or Refusal to pay said double Coft and Charge for the space of ten Days after an Account thereof presented, and Demand made, fuch Coft and Charge Thall be levied by Diftress and Sale of the Offender's Goods, by Warrant from an Afifant or Justice of the Peace : And for want of Goods and Chartels, the Officer shall deliver to the Fence-Viewers so much of the Lands of the Person deficient, as fhall satisfy the faid Coft and Charge, and other Coft arising by a reasonable Extent, according to the Judgment of faid Officer.
Always provided, That at any Time within ten Days after the Account Provilo. fhewed, and Demand made as aforesaid, the Person aggrieved with such
Account, shall have liberty to complain to an Affiftant or Justice of the Peace, who shall upon bis Desire and Cofl, iffue a Warrapt to the Select-men of the Town, in which the Cause shall happen, or to two Fence-Viewers, not being Parties or interested in the Controversy, requiring them forchwith to view and appraise the Coft bestowed by the Bence-Viewers in repairing the said defective