Gaolers Fees. For Commitment and Discharge of a Prifoner, Tavo Shillings, For Clearance of a Veffel bound to any other of the United For Clearance of a Veffel bound to the Wifi-Indies, For Clearance of a Veffel bound to Europe, Afia, or Africa, For a Regifter, Eight hillings, For indorfing a Regier, Twe fillings, For cancelling a Bond, Two fhillings, For Bond, Tave billings, For Cocket, Three fillings, For a Permit to Load or Unload, wo shillings. } An Act for the Punishment of divers capital and other Felonies. Bit enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the jame, That if any Man or Woman hall lie with any Beaft or Brute Creature, by carnal Copulation, fuch Perfon fhall be put to death; and the Beast fhall be fain and buried. 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 shall appear that ne of the Parties was forced, or under fifteen Years of Age; in which cafe the Par, forced, or under the Age aforesaid, thall not be liable to fuffer the faid Punishmen That if any Perfon rife up by falfe Witnefs, wilfully, and of Purpofe, to take away any Man's Life, fuch Offender fhall be put to death. That if any Perfon of the Age of fixteen Years, or more, fhall wilfully, and of Purpose, burn any Dwelling-Houfe, Barn, or Out-Houfe, he fhall be put to death Or if no Prejudice or Hazard to the Life of any Perfon happen thereby, fhall fuffer fuch other fevere Punishment as the Superior Court Thall determine, and alfo fatisfy all Damage to the injured or aggrieved Party. That if any Perfon or Perfons fhall wilfully and maliciously burn or deftroy, or attempt or confpire to burn or deftroy any Magazine of Provifions, or of military or naval Stores, belonging to the United States of America, or to this State; or if any Mafter, Officer, Seaman, Mariner, or other Perfon intrufted with the Navigation orCare of any Veffel belonging to the faid United States, or Veffel belonging to this State, fhall wilfully and maliciously burn or destroy, or attempt or confpire to burn or destroy fuch Veffel, or in Time of War, fhall wilfully betray, or voluntarily yield or deliver any fuch Veffel to the Enemies of the United States of America'; every such Person, and their Aiders or Abettors, on legal Conviction of either of the Offences aforefaid, shall suffer death; or if any of the faid Offences, when committed in Time of Peace, hall be attended with fuch alleviating Circumftances as in the Judgement of the Superior Court may render it reasonable to inflict a lower Punishment, fuck Perfon may be punished by whipping on his naked Body, not exceeding forty Stripes, and by Banishment, or Imprisonment in any Work-Houle, or House of Correction, not exceeding ten Years, and a Forfeiture of all the Estate of fach Offender, to the Use of this State, at the Difcretion of the faid Court. That if any Perion on Purpofe, and of Malice, Fore-thought, and by laying Cutting of in wait, fhall cut out or disable the Tongue; or put out an Eye or Eyes, lo 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 shall be put to death. members. Thot if any Perfon within this State, fhall prefume wilfully to blafpheme the Name of God the Father, Son, or Holy Ghost, either by denying, curfing, Blafphemy, or reproaching the true God or his Government of the World; every Perfon to offending, fhall be punished 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 Difcretion of the Superior Court who shall have Cognizance of the Offence. And be it further enacted by the Authority afortiaid, That if any Perfon within this State, having been educated in, or having made Profeffion of the Chriftian Religion, fall by writing, printing, teaching, or adviled ipeaking, deny the Being of a God; or any One of the Perfons in the Holy Trinity to be God or fhall affert and maintain that there are more Gods than One; or fhall deny Deifm. the Christian Religion to be true, or the Holy Scriptures of the Oid and NewTeftament 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, fhall be void, 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 ad Offence. 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 shall be profecuted by Virtue of this Act, for Words spoken contrary to this Paragraph thereof, unless Information thereof be given within fix Months after the Offence committed. Provifo. Provided aljo, That any Perfons convicted of any of the faid Crimes, shall for the first Offence, upon renouncing fuch erroneous Opinions in the Court Provifo. where convicted, within twelve Months after Conviction, from the Time of such renouncing, be difcharged from all Difabilities incurred by fuch Conviction. And be it further enacted and provided by the Authority aforefaid, That the Governor, or Lieutenant-Governor of this State, for the Time being, or any Governor, three Afiftants concurring, fhall have power to reprieve a condemned Ma- or, &c. may lefactor to the next General Court. reprieve, That any Perfon arraigned before the Superior Court, for Trial, on an Indictment for any capital Offence, by Law punishable with Death, fhall have Liberty peremptorily, without giving any Reasons to challenge twenty of the Jury may be challenged. Jurors, fummoned and impannelled for faid Trial, and no more, without fhewing fufficient Reasons. An Act for ordering and regulating Fields and Fences. BE it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Auibority of the fame, That those who are, or hall be Proprietors or Owners of Land in any Field that now is fettled, 68 Owners of common fields to meet annually. To chufe a moderator and clerk. Alfo a committee. Fences and Fields. reputed, or used, or hereafter thall be formed, fixed, or fated for a Common Field, shall and may meet together by themselves or Agents, annually on the first Monday in March, or on fuch other Day as they that appoint, at the ufual Place of the Town-Meeting in the Town where fuch Field is, or at fuch other Place as they fhail appoint, to order the Affairs of fuch Field, with Refpect to the Fencing and Improving faid Field, and all other Things necessary for the well ordering, managing and improving the fame: In which Meetings the Proprietors oftuch Fields fhall have full Power by their major Vote, to be computed by Intereft, to order all fuch Affairs as they shall fee meet. And the better to enable them to carry on and manage the Affairs of fuch Fields, They are hereby impowered to chufe a Moderator, and Clerk; which Clerk fhall enter all the Acts and Votes of the faid Proprietors, relating to the Management of the laid Common Fields; and shall be fworn to a faithful-Discharge of his Office: Whole Fees fnali be the fame as the Town-Clerks for the like Service. And fuch Clerk being once chosen and fworn, fhall continue in his Office till another be chofen and fworn in his Room. They thall alfo chufe a Committee to take Care of, and manage the Affairs of their Common Field; and may also chufe their own Fence-viewers and Haywards out of their own Number of Proprietors, who fhall be fworn to a faithful Discharge of the Duties belonging to their refpective offices. And if any Perion or Perfons fhall refufe to ferve, being duly chofen, as Penalty for not lerving. aforefaid, he or they fhall incur the fame Penalty as is provided in Cafe of Town Officers Refufal; and to be levied in the fame Manner. And the Committee appointed for any Common Field may call a Meeting Committee of the Proprietors of fuch Field when they fhall judge it needful; either by to call meet giving Warning unto fuch of them as live in the Town where fuch Field is,. ings. and to the Agents, if any be, in the fame Town of Non-Resident Proprietors, at leaft three Days before fuch Meeting, of the Time, Place and Bufinefs of fuch Meeting; or by warning the faid Proprietors in fuch other Manner, as they in any of their lawful Meetings fhail agree upon. And the Proprietors of Common Fields at any lawful Meeting are hereby Proprietors fully impowered to grant, and levy Taxes upon themfelves, according to their impowered Intereft in fuch Fields, for the defraying the Charges that may arile in fetting to levy taxes out, or altering the Fence, in making Gates, and Bridges for their Field; and of proprie for any other public or common Charge about faid Field, as they fhall`judge needful; and appoint Rate-makers, and Collectors for the making, and ga thering fuch Rates; Which Collectors thall have the fame Power and Authority as Collectors of Town-Rates have ; and shall be under the fame Penalties in Cafe of Refusal to accept, and execute the said Office. And be it further enacted by the Authority aforesaid, That when any Number of Proprietors, or Owners of Land in any Town have their Lands adjoining, and fo fituate 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, accounting their Votes according to Interest, fhall agree to improve fuch Lands as a common Field; they are directed to represent the Circumftances thereof to the County Court of that County; and notify the other Proprietors of faid Lands to appear at faid Court, to make Objections (if any they have) against faid Lands being improved, as aforefaid. And on faid Proprietors obtaining the Approbation and Allowance of faid Court to improve faid Land, as aforefaid, the Proprietors and Owners of fuch Lands are hereby fully authorized and impowered to form and improve the faid Lands as a common Field: In which Cafe they hall have the fame Power and Privileges, and be under the fame Regulations as thofe are which are already ftated, formed, reputed, or ufed as fuch. tors agreeing, &c. to reprefent their cafe to the county court. And the better to enable Proprietors of common Fields to fence, and manage, and regulate their Fences. to proportion Be it further enadded by the Authority aforesaid, That the Committee of the Committee Fied, or a Committee to be appointed for that Purpofe, are hereby impowered. and directed to appoint, and fet out the Place where, and the Proportion which the tence. each Proprietor fhall have his Fence erected either in the Line of Fence already flated, or in any other, or new Line to be fixed, and stated by the Proprietors (Which they are fully impowered to do.) Proprietors.. And every Proprietor in fuch common Field, fhall duly erect, (if need be) and thall maintain his Proportion of the faid common Fence, according to the to attend the Direction of fuch Committee, veon the Penalty of incurring fuch Forfeiture as orders of the is hereafter in cale of defective Fence provided: And also fhall attend all Orders major part, of the major Part of the Proprietors of fuch common. Field, for the Improve- &c. ment thereof, for the common Good, and Benefit And that any Perfon or Perfons having his or their Part or Proportion of common Fence set out to him or thera by fach Committee, fhall have Liberty, May pafs oin order to make or repair his or their faid Part or Proportion of common ver others Fence, of paling over any Perlons Lot or Land whatfoever, as much as land. fhall be necessary for the Purpofe aforefaid. And when it shall so happen that the Line of Fence,ordered, as aforesaid,for How ordered the enclosing any common Field, runs, or fhall run in, or upon the Line or when fence i Bounds between the Land of any Perlon making a particular Inciofure; and the mects a pare Lands of the Common-Field, the one Moiety of the dividing Fenceat faid Place, ticular incloshall be made and maintained by the Proprietors of the Common-Field, and fure. the other Moiety by the Owner of fuch Incloture. Infpected by. And where it fhail fo happen that the common Line of Fence runs, or fhall rum across the Land of any Perton making a particular Incloture, leaving part on one bile, and part on the other Side of fuch: common Line, Confideration fhall be had in proportioning out the Fence to tuch Inclosure, of the Advantage or. Disadvantage the Owner of fuch aciofure hath by the Fence running across, the fence, as aforefaid: Which the Committee are to obferve in proportioning out to viewers. fach Owners their Part of the Dividend Fence And all fuch Fence fet out to the Owners of particular Inclosuresas aforefaid, fhall be infpected and repaired by-the Fence-Viewers as part of the Fence of the Common-Field.445 And that neither the Proprietors of fuch common. Field, nor the Owner; of fach Inclofare shall excufe themselves by daying open their Field or Inclosure, be land down? from making and maintaining their part of fuch dividend Fence, without Lis without berty to to do, first had and obtained from the County Court, in the fame leave. County where fuch Fence is at Bok Fence not to And where the common Line of Fence inclosing any general Field, as When it is aforefaid, has already been, or hereafter shall be settled and proportioned a proportioned greeable to the Refolves and Votes of the Proprietors aforesaid, it shall so re-to abide. main until altered by fuch Proprietors. And whenfoever the Proprietors of any Common Field fhall agree by their ma jor Vote, computed as aforefaid, to alter of new lay, or run their common Fence, the Committee to effect the fame, fhall caufe their Doings to be entered with the Clerk of faid Field: Doings to be entered by their clerk. Purchafers to have their And that the Proprietors Committee, from Time to Time, as Occafion requires, fhall have Power, and they are hereby impowered, when and fo often, as any Perfon fhail purchase any Lands in fuch common Field, to fet out to fuch Purchafer his Proportion of Fence, at the Defire and Charge of the fence fet out. Grantor; which Grantor shall maintain faid Fence until fuch Time as he procure the fame to be dome; and cause an Entry thereof to be made by the Clerk of faid Field. And if any Perfon having Land lying in any common Field, fhall decease, 70 Committee to fix the lift of fence to the heir of the deceas'd Fences and Fields. and his Heirs and Succeffors refufe, to make or maintain the Fence that be fuch Line Owners of common And to prevent Difficulties that may arife by the Owners of Fences in the of Common Fence, neglecting to keep up Stakes with the 1990 firft Letters of a beir Names on them, to distinguish their Parts of the Common Fence: in ai It is further enalted by the Authority aforefaid, That all Owners of Fence fet fence in the the line of Common Fence, fhall fet and keep up fuch Stakes, marked aforefaid. And that every Perfon who fhall neglect, more than two Days, after Warning given him by either of the Fence-Viewers of that Field, to up Stakes marked as aforefaid, fhall for every fuch Neglect, forfeit the Suna penalty, &c. One killing and fix-pence; to be collected and paid to the Proprietors of fuch Field, or their Order. fields to fet up mark'd ftakes, on Common fields to be fufficiently fenced. What hall be accounted fo. Fence view. ers 10 in spect the fence. of Be it further enacted by the Authority aforesaid, That all Common Fields fhall be fufficiently fenced: And that all five-rail Fence, and flone-wall four Feet high, being well and substantially erected; and all other Fence, either of Rails, Boards, Hedge, Ditch, Brooks, Rivers, Creeks, &c. which in the Judgment of the Fence-Viewers fhall be equivalent to the faid five-rail Fence, hall be adjudged fufficient Fence. And that fuch quick-fet Fence as fhall be accounted fufficient in the Judgment of the Fence-Viewers to fence against ruly Horfes, Neat-Cattle and Sheep, fhall be judged and accounted fufficient Fence. And that the Fence of Common Fields may be kept up, and Damage therez prevented. It is further Enacted, That the Fence-Viewers of any Common-Field, fhall carefully infpect the Fence of faid Field, and View the fame as often as they fhall judge it needful: And alfo whenfoever they fhall be called out and ordered by the Committee of fuch Field; fhall Infpect 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 refpectively fhall continue in that Office. And to enable them to do the fame, They are directed and fully impowered upon View of fuch Common-Fence, and finding any Part thereof to be insufficient and defective, without Delay to give Notice or Information to the Owner Fence view- or Owners of fuch defective Fence, or to fuch Perfon or Perfons as ought to ers duty and maintain, or who have the Care of maintaining fuch Fence, of the infufficiency thereof; who fhall fufficiently erect or repair the fame, within the fpace of five Days after Notice given: And in cafe of neglect thereof, the Fence-Viewers fhall forthwith repair and make up the fame; and the Perfon to whom it belongs to maintain faid Fence, fhall pay double Coft and Charge to the FenceViewers for repairing the fame: And in cafe of Neglect or Refufal to pay faid double Coft and Charge for the fspace of ten Days after an Account thereof prefented, and Demand made, fuch Coft and Charge shall be levied by Distress and Sale of the Offender's Goods, by Warrant from an Affiftant or Juftice of the Peace And for want of Goods and Chattels, the Officer fhall deliver to the Fence-Viewers fo much of the Lands of the Perfon deficient, as shall fatisfy the faid Coft and Charge, and other Coft arifing by a reasonable Extent, according to the Judgment of faid Officer. power. Proviso. Alavays provided, That at any Time within ten Days after the Account fhewed, and Demand made as aforefaid, the Perfon aggrieved with fuch Account, fhall have liberty to complain to an Affistant or Juftice of the Peace, who shall upon his Defire and Coft, iffue a Warrant 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 Controverfy, requiring them forthwith to view and appraise the Coft bestowed by the Fence-Viewers in repairing the faid defective |
