And all fuch Charges as the Creditor fhall be at, he fhall have Power to Power to levy with the Execution, before the Prifoner be discharged from Prifon.

levy.

That no Perfon committed to Prison for non-payment of Fines, Taxes, or upon Attachment or Execution in Civil Caufes, fhall be permitted by the Prifoners not Keeper of the Prifon to go at Liberty without the Precincts of the Prifon, but permitted to by the Licence of the Court that committed him, or of the Creditor for whofe go at large. Cause he is arrested and imprisoned, upon Penalty of paying the Fine or Tax

upon him, or fatisfying the Debt or Damage for which he is committed, to him on penalty. I

to whom the fame is due.

That Prisoners for Debt, and Felons shall not be lodged together in any common Gaol or Prifon in the fame Room.

Debtors and

felons not to be lodged in

one room.

And if any Gaoler, or Keeper of a Prifon, fhall offend herein, he fhall forfeit and pay to the Party grieved treble Damages; to be recovered by an Action, Penalty. by virtue of this Act.

Be it further enacted by the Authority aforesaid, That the refpective Sheriffs

of the feveral Counties in this State, for the Time being, fhall have the Charge Sheriffs to be and Cuftody of the Gaols in their respective Counties; and they are hereby gaolers. conftituted the Keepers of them, and shall and may put in, and substitute under them, fach Keepers of the faid Gaols as they fhall fee Caufe; and fhall be refponfible for all Damages that any Perfon fhall fuftain by the Escape of any Prifoner out of fuch Gaol, through the Fault or Connivance of fuch Keepers, or any other Perfon whatsoever, having the Charge of faid Gaols under fuch Sheriffs; as alfo for other Faults and Negligences of fuch Under-keepers, by faid Sheriffs appointed, in any Matters refpecting faid Truft.

That when any County is deftitute of a Gaol, any Perfons in fuch County When counliable to be imprisoned, may by lawful Authority be fent to the common Gaol ties are defti of the next adjoining County; and the Keeper of fuch Gaol fhall receive and tute of gaols, keep fuch Prifoners accordingly.

Be it further enacted by the Authority aforefaid, That if any Perfon or Perfons lawfully commited to any of the Gaols in this State, (either in any civil or criminal Cafe) fhall break fuch Gaol and make his or their Efcape, through,"

&c.

or by Reafon or Means of the Defects or Infufficiency of fuch Gaol, the Coft and Escapes. Charges occafioned, and expended thereby, and the Damages fuftained by the Perfon or Perfons by reafon of fuch Escape or Efcapes, fhall be paid and answered out of the County Treafury, of that County wherein fuch defective Gaol is; and the County Court of that County, upon Application to them made, and Proof thereof, fhall order Payment accordingly; the faid Coft and Damages being firft justly by them afcertained and allowed; and that in cafe any Party or Perfon fhall be aggrieved by the Denial or Determination of fuch County Court, he or they may appeal to the next Superior Court to be holden in that County; who are impowered to hear, adjust, and determine the fame, and order Payment as aforesaid, with fuch Cofts arifing on the Appeal, as they fhall judge reasonable.

Be it further enacted by the Authority aforefaid That if there fhall not be a fufficiency of Money at any Time in the County Treafuries to anfwer fuch Orders, the County Court of the County where Monies are wanting for the Pur- County pofe aforefaid, are hereby impowered and directed to tax and affefs the Inhabi- courts to tax tants of fuch County in fuch Sum or Sums as the Court fhail judge needful for the county, the Purpose aforefaid; and to appoint and impower a Collector or Collectors, &c. for collecting the fame, and to grant Warrant or Warrants accordingly; which Collectors fhall have the fame Authority as other Collectors in this State, by Law have.

Provided nevertheless, That nothing in this A&t shall be conftrued to prejudice, or hinder any Party or Perfon from recovering any Expence, Coft Provife.

92

Provifo.

Fee.

Goats im

Goats. Grand-jury Men.

or Damages of the Perfon or Perfons, or out of the Eftate of fuch Perfon or Perfons who fhall break, or be aiding or affifting in breaking the Gaol, or who fhall escape, or be aiding thereto, according to Law; and when fuch Remedy for Satisfaction may be had, the County fhall not be charged with, nor be ordered to pay the faid Expence, Coft or Damage.

Provided alfo, That nothing in this A&t shall be conftrued, or extended to fave Harmlefs, or excufe any Sheriff in any Escape, but what fhall happen through the defect or infufficiency of the Gaol as aforesaid, and that without his Default and Negligence; nor fhall this Act hinder any Perfon from any Remedy he now hath, or hereafter by Law shall have, in all or any of the Matters aforesaid,

B

An Act relating to Goats.

E it enacted by the Governor, Council, and Representatives, in General Court affembled, and by the Authority of the fame, That the Fees for impounding Goats fhall be for each Goat Two Pence.

And be it further enacted, That all Goats in any Town in this State being found out of the Inclosure of the Owner or Owners of fuch Goats, may be lawfully impounded; and the Owner or Owners of fuch Goats fo impounded, shall poundable, pay Poundage and Damages: And the Damages done by fuch Goats, whether within Inclosure or not, fhall be determined in the fame Manner as Damages done by other Creatures are, when impounded from Inclosures lawfully fenced: Unless any Town shall agree and order otherwife in their own Precincts.

&C.

Towns to choose

An Act concerning Grand-jury Men.

BE it enacted by the Governor, Council and Representatives, in General Court

affembled, and by the Authority of the fame, That every Town in this State, on the Day of their annual Town-Meeting for electing Town-Officers, grand jury fhall elect and choose Two or more fober difcreet Perfons of their Ínhabitants, men annual- to ferve as Grand-jurors for the enfuing Year; who thall be Sworn by the next Affiftant or Justice of the Peace.

ly.

26s, fine for refufal, &c.

Penalty.

Their duty.

But in cafe any Perfon fo elected shall refufe to accept, and take the Oath for fuch Officers provided, and serve as aforesaid, (unless he render a fatisfying Reason to the Town-Meeting, or to the Authority before whom he fhall be called to take the Oath, why he ought not to ferve as aforefaid) he for fuch refufal fhall incur the penalty of Twenty-fix Shillings, and another Perfon fhall be chofen in his room, who fhall upon acceptance, be fworn as aforefaid: And the Names of fuch Grand-jurors fhall by the Clerk of the Town be returned unto the Clerk of the County Court within the fame County; and the faid Clerk of the County Court, fhall by his Writ, fummon fuch a Number of the faid Grandjurors within the faid County, as fhall be neceffary to attend, and ferve at the faid County Courts."

And if any fuch Grand-juror, fo as aforefaid required, and fummoned to ferve on the Grand-jury, fhall neglect or refufe to appear, (unless he fhall give fufficient Reason for his Refusal) he shall forfeit the Sum of Twenty-Shillings.

And all Grand-jurors fhall diligently enquire after, and male due Prefentment of all Misdemeanors and Breaches of Law, whereof they have Cognizance; whether the fame were committed before faid Grand-jurors are chofen and fworn to faid Office, or afterwards: Which Prefentments they shall feasonably make to the Court, or to fome Affiftant or Juftice of the Peace; that Offenders may be dealt with according to Law.

And if any Grand-jury-man, after he is fworn, fhall neglect to make

Grand-jury Men. Guardians.

feasonable Prefentment of any Breach of Law, whereof he hath Cognizance, he fhall pay a Fine of Ten Shillings.

93

Penalties to

All which Penalties fhall be and belong to the Town-Treasury of the Town the town where fuch Grand-juror dwells.

treasurer.

And all Grand-jury-men fhall be allowed Four Shillings per Day for their Time of Attendance, and Four Pence per Mile Travel out, when they fhall be Allowance. required to give their Attendance at the Superior or County Court: To be paid out of the State or County Treafury, as the Law directs.

And every Town in this State that shall neglect or refufe to make choice of Penalty on Grand-jurors, as aforefaid, thail for every fuch neglect or refufal, incur the Pen- towns negalty of Five Pounds, to the Treasury of the County wherein fuch Town lieth: lecting to To be recovered by Bill, Plaint or Information.

And to enable Grand-jurors more effectually to detect Breaches of Law.

choose, &c.

De it further enacted by the Authority aforefaid, That the Grand-jurors in Grand-jueach refpective Town in this State, fhall once in three Months in each Year, rors to meet and oftner if need fo require, meet at fuch Time and Place as they shall ap-- once in three point, to advise concerning fuch Breaches of Law as by their Office they are months, &c. to enquire after and prefent: And fhall have Power to call before them at such Meetings, any Perton or Perfons as Witneffes, in order to be examined touching foch Delinquency as they are enquiring after: And if any Perfon refuse to appear before fuch Grand-jurors at fuch Meeting, being fummoned thereto by Warrant from an Affiftant or Juftice of the Peace, (who are hereby directed to grant fuch Warrant, on the request of fuch Grand-jurors) or thall refufe to be examined upon Oath, if thereto required, fach Witnefles may by fuch Affiftant or Juftice, on Conviction of fuch Refufal, be committed to the common Gaol ; thereto remain at his own Coft, until he will give Evidence, as aforefaid. Provided, That fuch Evidence fhall at no Time be conftrued to the preju- Provifo. dice of fuch Witness.

order in a

grand jury

&c.

And be it further enacted by the Authority aforefaid, That the Superior Court and County Courts in this State, fhall have Power to order a Grand-jury of and county Superior Eighteen of thofe chofen by the refpective Towns in the County, or other fuffi- courts imcient Freeholders of the County where fuch Court is fitting, to be fummoned, powered to impannelled and fworn to enquire after and prefent fuch criminal Offences as fhall be cognizable by faid Courts refpectively, where there shall be Occasion. And no Perfon shall be held to Trial, or put to plead to any Complaint, In- No perfon dictment or Accufation for a Capital Offence punishable with Death, unless a held to trial Bill of Indictment be found against fuch Perfon for fuch Crime, by a Grand-jury unless upon legally impannelled and fworn; and that no Bill of Indictment fhall be pre- bill found, fented by any Grand-jury fo impannelled, unlefs twelve at least of the Jurors 12 of the jaagree to it.

An Act relating to Guardians of Minors.

E it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the jame, That when and fo often as there thall be occafion, the Courts of Probate in the feveral Diftricts in this State, fhall be, and they are hereby impowered to allow of Guardians, who fhall be chosen by Minors of Age by Law for the chufing of Guardains; and to appoint Guardians for fuch as fhall be within that Age.

&c.

rors to agree &c.

Guardians

how chofen.

And that when it shall so happen that there fhall be any Miner, of Age for the chufing a Guardian, who hath neither Father, Guardian, nor Mafter; Judges duty then each and every of the Judges of the faid Courts of Probate within whofe

to caufe minors to elect.

94

On refufal

High-ways.

District fuch Minor lives or refides, fhall notify fuch Minor to appear before him, and elect fome meet Person to be his or her Guardian; which being done, the fame may be allowed as abovesaid.

And upon Refufal or Neglect to make fuch Election, fuch Judge fhall ap point, and the refpective judges aforefaid are hereby impowered to appoi a Guardian for fuch Minor neglecting or refufing as aforetaid. And the Powjadges to ap- er and Authority of fuch Guardian, fhall be as good and effectual to all Intents point. and Purposes, as if firft elected by fuch Minor; and thereupon allowed as aforefaid.

Judges to take bond.

And every Judge of Probate, on his allowing or appointing any Guardian as aforesaid, fhall take fufficient Security of all fuch Guardians, for the faithful Discharge of their Truft, according to Law; and to oblige them to render their Account of their Guardian-fhip to the Court, or Minor. when fuch Minor fhall arrive at full Age; or at fuch other Time, as the faid Court of Probate, upon Complaint to them made fhall fee caufe to appoint.

An Act for providing, altering, regulating and mending

High ways.

E it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That each Town in this State fhall, at their annual Meeting for electing Town Officers, yearly choofe two or more of their Inhabitants to be Surveyors of High-ways; to take care of, and over-fee the mending and repairing of all the High-ways within their Towns, Surveyors to refpectively: which Surveyors fhall be sworn to a faithful Difcharge of their be yearly

chofen.

Three days warning.

Penalty for neglect

Parents to

pay when,&c

fentment.

Office: Who are hereby impowered to call out the feveral Perfons in fuch Towns, from fixteen Years of Age, to fixty Years of Age; as well Indian, Molatto, and Negro-Servants or Slaves, as others, (Magiftrates, Juftices of the Peace, Gospel-Minifters, Ruling-Elders, allowed Phyficians, School-Mafters, Conftant Herdsmen, Shepherds, one Miller to each Grift-Mill, and fuch other Persons as are exempted by Law excepted) two Days at least in each Year, if there shall be need, and fo many more as in his or their Judgment fhall be found neceffary for the attaining the aforementioned End; to be directed in their Work by the faid Surveyors: And where they fhall fee meet to employ a Team, they may warn the Owner thereof to bring forth the fame for that Service: And the Owner of fuch Team shall be allowed for his Team the Work of one Man.

And all Perfons fhall have three Days Warning, before the Day appointed for fuch Employment.

And if any Perfon fo warned, fhall refufe or neglect to attend and perform the faid Service, in Manner aforefaid, he fhall forfeit for every Day's Neglect, viz. For a Perfon, the Sum of Two Shillings and Three-pence; and for a Man and Team, the Sum of Four Shillings and Six-pence,

Which Forfeitures being made by Minors and Servants, or Slaves, fhall be paid by their Parents, Guardians or Masters refpectively: And the Fines fo forfeited, fhall be delivered to faid Surveyors, and by them be improved to hire others to work in faid Ways.

And every Surveyor fhall, within four Days after the feveral Days appointed for faid Work, deliver in to fome Affiftant or Juftice of the Peace, a true PreSurveyors to fentment of all fuch Perfons as have been defective, with an Account of their make prefeveral Defects or Neglects: And if the Perfon defective either in Whole or in Part of the Work, fhall not within one Week after, fatisfy the Surveyor, or give fatisfying Reasons to the faid Affiftant or Juftice, of his not working, fuch Affiftant or Juftice fhall grant a Diftrefs, directed to the Sheriff, his Deputy, or Constable, for the levying by Diftrefs and Sals of the Offender's Goods,

The incurred Forfeitures to be delivered to the faid Surveyors, for the Ufe aforefaid.

And if any Surveyor neglect the Truft committed to him, either in not calling out the Inhabitants to Labour, as aforefaid, or in not returning the Surveyors Names of thofe who fhall be deficient, as aforefaid, he fhall incur the fame Pen- neglecting alty as thofe he paffed by are liable to, by Virtue of this Act; to be recovered their truft, on Complaint and Conviction thereof by Diftrefs, as aforefaid.

to forfeit, &c.

To render

And every fuch Surveyor fhall render an Account of the Improvement of all fach Forfeitures as fhall be by him received, to the Affiftant or Justice who granted out a Diftrefs for the fame, within twenty Days after receiving fuch an account, Forfeitures: And if it appear to fuch Affiftant or Juftice, that any fuch Survey- &c. or hath neglected to improve fuch Forfeitures according to the Direction of this Act, that then, in fuch Cafe, fuch Affiftant or Juftice is hereby authorised and impowered to grant a Distress against the Goods and Chattels of fuch Surveyor, for collecting fuch Sum or Sums as fhall be found not to be improved as aforefaid; and the fame to be delivered to the Treafurer of the Town where fuch Diftrefs is made.

Be it further enacted by the Authority aforesaid, That whenever there may Power to be Occafion to clear any Water Courfe, or Place or Places where Water may turn water drain off from any Highway to make the fame dry and better to pafs in, the faid courfes. Surveyors of Highways, with the Perfons attending them, may, and they are hereby empowered to clear fuch Water-Courfes and Places where Water may drain off from Highways into or through any Perfon's Land or Poffeffion to far as may be neceffary fufficiently to drain the Water off from fuch High

ways.

tt- To divide

&C.

And that the respective Towns in this State have Liberty, fo often as they judge neceflary, at their annual Town Meetings, to vote and agree, that the S men fhall fet out to each Surveyor of Highways, by fuch Town chofen, a certain into diftricts District within faid Town for mending Highways, and order and direct who of the Inhabitants by Law obliged to work at Highways, fhall labour under each Surveyor; and to alter faid Districts as they fhall find Occafion. And the Select-men of every Town fo agreeing, are hereby appointed and impowered to perform the Service abovefaid.

-Provided, This Act fhall not be conftrued to the Prejudice of fuch as have obtained Liberty, or fhall obtain Liberty from the County Court to fet up Gates or Bars in Highways.

Provifo.

New high

ways or old one altered,

Be it further enacted by the Authority aforefaid, That where a new Highway or common Road from Town to Town or Place to Place fhall be wanting, and where old Highways with more Conveniency may be turned or altered, any Perfon or Perfons may make Application to the County Court within the fame County for that Purpofe; which Perfons moving as aforeiaid, fhall, at how to be least twelve Days before the fitting of the Court to which he or they fhall make effected, Application as aforefaid, caufe a Citation to be ferved on one or more of the Select-men of that Town, within whofe Bounds the fame is moved to be laid out or altered, to appear (if they fee Caufe) at faid Court, and make their Objections (if any they have) against fuch Highways being laid out or altered ; and thereupon, if no Objections are offered, or if the Objections are judged infufficient, the faid County Court may enquire, by a difinterefted Committee, or otherwife, into the Conveniency and Neceflity thereof; and if the fame is judged by faid Court, to be of common Convenience or Neceflity, fuch Court is Committee hereby impowered to appoint a Committee of three difinterested Freeholders, to to enquire, view and lay out, or alter fuch Highway; which Committee fhall give feasonable Notice to one or more of the Select-men of the Town or Towns in which the fame is to be laid out; and alfo set up a Notification in Writing on the SignP

&c.

Notice gi

ven.