Inhabitants. fon or Inhabitant of any other State, who may come to reside or dwell in any Town in this State, shall gain a legal Settlement in such Town by dwelling there, unless admitted by a major Vote of the Inhabitants of fuch Town, or by Consent of the civil Authority in and Select-men of faid Town, or unless such Persons shall be appointed and execute some public Office, or have been possessed in his own Right in Fee of a real Estate of the Value of One Hundred Pounds in such Town, during his Continuance there; but fuch Persons, not having gained a Settlement as aforesaid, if the Select-men judge they are likely to become chargeable to said Town, may be removed to the Place of their last legal Settlement, notwithstanding any length of Time that they may have been suffered to continue in such Town. That no Person shall be received or admitted an Inhabitant in any Town in this State, but such as are known to be of an honest Conversation, and shall be accepted by the major Part of the Town, or by the Authority in and Select-men of the Town. And no Stranger or tranfient Person shall be allowed to reside or make his or her Abode in any Town in this State, (Apprentices under Age and Servants bought for Time excepted) upon Pretence of hiring or being hired, or of Tenantship, or Inmates without the Approbation of the Authority in and Select-men of such Town. 103 No Person admitted an unless, &c. inhabitant, To be of hotion, &c. nest converfa No stranger to make abode without liberty, &c. No person to hire fuch, &c. without giving bond. That if any Person or Persons shall contrary to the Intent of this Act, entertain or hire any Stranger or transient Person, or let any House or Land to fuch Stranger or transient Perfson, except he or they shall first give Security to the Acceptance of the faid Authority and Select-men, that such Town shall not be burthened and charged by him or them, which Security such Authority and Select-men may take or refuse at their Difcretion; he or they so entertaining, or hiring, or letting any House or Land to fuch Stranger or tranfient Person, shall forfeit and pay to the Treasurer of such Town, the Sum of Ten Shillings per Week, for every Week he or they shall harbour, Penalty. entertain, hire, or let such Estate to fuch Person. And if any fuch Stranger or tranfient Person shall, contrary to the Intent of this Act, make his or her Abode within any Town in this State, every Tranfient such Person shall forfeit and pay to such Treasurer Ten Shillings per week, perfons being for every Week that he or she shall continue in such Town, after Warning warned out, given to him or her, by order of the Select-men of faid Town; or upon to depart, on their Request, by Warrant from Authority to depart fuch Town, (which Warning the Select-men are impowered to order, or give:) And the faid "Authority, on Request as aforesaid, is impowered to issue a Warrant to the Conftable, to warn such Persons to depart, as aforesaid. And when any such Stranger or tranfient Person, who shall be convicted of the Breach of this Act, and hath no Estate to fatisfy the Fine, such Person shall be whipped upon his naked Body, not exceeding Ten Stripes; unless he or she depart the Town within Ten Days next after Sentence given, and reside no more therein without Leave of the Select-men. Any one Assistant or Justice of the Peace, to hear and determine the Breach of this Act. penalty, &c. If unable to pay, to be whipt. how support Be it further enacted by the Authority aforesaid, That whosoever shall entertain such Stranger or tranfient Perfon or Perfons, for the Space of Four Days, and the faid Person shall, when so entertained, be reduced by Sick- When fick, ness, or other Accident, to necessitous Circumstances, whereby he, she or they ed. shall want Relief, the Person so entertaining such Stranger or tranfient Perfon or Persons, shall support and sustain the Charge thereof, excepting only when the Person entertaining as aforesaid, hath within the faid Four Days, given sufficient Notice thereof to the Select-men of the Town; in which Cafe, if the Select-men do not use proper Methods to fave the Town from Charge, then it shall be defrayed by such Town. Be it further enacted by the Authority aforesaid, That if any Person or Per fons L 104 Penalty on Civil autho- Returning, Selectmen to Inhabitants. sons within any Town in this State, shall fell or convey any Land to any Person or Perfons, who contrary to this Act, would under Colour of fuch Purchase, make his, her or their Abode in such Town; he or they felling as aforesaid, shall for every such Offence, forfeit and pay as a Fine, the Sum of Ten Pounds; one Moiety to the Town Treasury where such Land lies, and the other Half to him who shall complain of and profecute the fame to Effect. And be it further enacted by the Authority aforesaid, That the civil Authority, when and so often as there shall be Occasion in any Town, shall be, and they are hereby impowered to order any Vagrant, suspected or transient Perfon or Persons to be sent back, from Constable to Constable, to the Town, Place or Places from whence he, she or they came; unless fuch Person or Persons produce good Certificates of their good Behaviour, and Freedom from all Engatements, and that they are at Liberty to remove themselves as they shall fee meet. And that faid Authority may in like Manner remove any Stranger or tranfient Person or Perfons who shall neglect or refuse, or be unable to depart such Town after Warning given, as before in this Act is provided. And if any fuch Persons shall return after fuch sending back, as aforesaid, and abide and continue in faid Town from whence sent, after Warning given them to depart, they shall be whipt on the naked Body, not ex. ceeding ten Stripes; and may again be sent and dealt with as aforesaid, as often as there shall be Occafion. And the Select-men in the respective Towns in this State, are hereby im profecute, &c. powered and directed to profecute all Breaches of this Act. Persons may one town to another, &c. Provifo. When charg- Proviso. No perfon And be it further enacted, That any Inhabitant of any Town within this State, niay, for the better Support of himself or Family, have Liberty to remove with his Family into any other Town in this State, and continue there without being liable to be removed, provided such Person procure a Certificate in Writing, under the Hands of the civil Authority in and Select-men of the Town from whence he removes, that he is a legal Inhabitant in that Town, and lodge the fame with the Clerk of the Town to which he removes. And in Case such Perfon or any of his Family, stand in Need of Relief from said Town, he or they shall be supported at the Cost of the Town where such Person was settled and obtained a Certificate as aforefaid; and may be returned back to such Town, provided such Person hath not been admitted an Inhabitant, or gained a Settlement, as before in this Act is provided, in any other Town, after such Certificate was given. Provided nevertheless, That Persons coming to reside in any Town as aforesaid, they and their Estates shall be as liable to be taken under the Care of the Select-men of the Town where they dwell, for Mismanagement, Idleness or bad Husbandry, agreeable to the Law in that Cafe provided, as if they had a legal Settlement in such Town; and nothing in this At shall be construed to hinder such Towns from ridding themselves of any Vagrant, or Perfons whom such Town, or the Authority therein, or the Select-men thereof shall judge to be of disorderly, ungoverned or vicious Conversation. And be it further enacted, That any Inhabitant of any Town in this State, who shall go to reside in any other Town in this State, without having a Certificate as aforesaid, may be removed and fent back to the Town to which he or the belongs, in like Manner as is before provided in this Act for the Removal of any Stranger, or tranfient Perfon: Provided such Person shall not have continued in fuch Town one Year before Warning given to depart, or one Year after such Warning, without being prosecuted as aforesaid. And Insolvent Estates. An Act for the equal Division and Distribution of E it Insolvent Estates. 105 Infolvent eftates to be equally divided, &c. enalled by the Governor, Council, and Representatives, in General Court and by the Authority of the same, That when the Estate of any Perfon deceased shall be insolvent, or insufficient to pay all the just Debts which the Deceased owed, the same shall be fold, and the Avails thereof be divided and distributed to and among all the Creditors, in Proportion to the Sums to them respectively owing, so far as the Estate will extend, saving except. that the Debts due to this State, and for Sickness, and necessary funeral Charges of the Deceased, are to be first paid. And the Executor or Administrator appointed to administer on any such infolvent Estate, before Payment be made to any Person, (except as before excepted) shall represent the Condition and Circumstances thereof unto the Judge of the Probate of Wills and granting of Administrations, who shall nominate and appoint two or more fit and indifferent Persons, to make a true and equal Appraisement of such Estate, and administer the Oath by Law prescribed to thein for that Purpose; and shall also nominate and appoint two or more fit Persons to be Commissioners, with full Power to receive and examine all the Claims of the several Creditors, and how they are made out and evidenced; which Commissioners shall be sworn according to Law, and cause the Times and Places of their Meetings for attending the Creditors, in order for the receiving and examining of their Claims, to be made known and published, by setting up or posting Notifications thereof in fome public Places in the Town where such deceased Person last dwelt; and also by advertising the same in one or more of the public News-Papers in this State, and any further Notice that the Court of Probate may order : And the faid Judge of Probate shall allow fix, ten or eighteen Months (as the Circumstances of the Estate may require) for the Creditors to bring in their Claims and prove their Debts: At the End of which Time limited as aforefaid, such Commissioners shall make their Report, and present a Lift of all Claims to such Judge, who shall order them a meet Recompence out of the Estate for their Care and Labour in that Affair. 4 Executor or adminiftrator's duty, &c. Commission. ers to be appointed, &c. vent, how to And if on the Report of the Commissioners, such Estate shall appear to be insolvent, the Judge of Probate to whom such Report is made, shall order and set out to the Widow of the Deceased (if any be) such neceffary If on report houshold Goods as are mentioned in the Law, entitled, "An Att for di- of commiffioresting and regulating the levying and serving Executions," to be exempted ners the estate from Execution; which Goods so set out, shall be her own Property, proves infolAnd the Judge shall also order the Widow's Dower to be set out according proceed. to Law: And the Residue and Remainder of faid Estate, both real and personal (including that set out for the Widow's Dower, and under the Incumbrance of her holding it for Life) the Judge of Probate shall order and direct the Executor or Administrator, or Executors or Administrators appointed to administer on such Estate, to fell in such Way and Manner as to the Judge shall appear safest and most for the Benefit of the Creditors. And fuch Executors and Administrators, being so ordered and directed, shall have full Power and Authority, and they are hereby authorized and impowered to make Sale thereof, and to make and execute legal and proper Conveyances to the Purchasers, which shall be good Evidence in Law for their holding the fame accordingly. And such Sales being made, the faid Executors and Administrators shall render Account to the Judge of Probate of the Amount thereof, and the Monies arifing thereby. And the Judge shall thereon order full Payment to be made of the Debts due to this State, and for Sickness, necessary funeral Expences, and incident Charges of fettling and felling the Estate: And the Residue to be paid to the several Creditors 106 Proviso. No fuit allowed, &c. Execution to Judges and Justices. Creditors who have made out and evidenced their Claims according to the Directions of this Act, as aforesaid, in Proportion to the Sums to them respectively owing. Provided always, That notwithstanding the Report of any such Commifsioners, or Allowances thereof made by the Court of Probate, it shall and may be lawful to, and for the Executors or Administrators aforesaid, to contest the Proof of any Debt at the common Law. And no Process in Law (except for Debts due to this State, and for Sickness, and funeral Charges) shall be admitted or allowed against the Executors or Administrators of any insolvent Estate, so long as the same shall be depending as aforesaid. And in Cafe Judgment shall be rendered against any Executors or Administrators of any insolvent Estate, Execution thereon shall be stayed until such Estate can be settled according to this Act: And the judgment Credibe stayed, &c. tor shall take no more than his Proportion of the said insolvent Estate with the other Creditors; and in Case that be not paid on the Settlement of the Estate, such Creditor shewing the fame, and producing a Certificate of his Proportion, the Court shall order Execution on such Judgment for no more than the Proportion aforesaid. Creditors not bringing in their claims, to be debar'd, &c. unless, &c And whatsoever Creditor shall not make out his or her Claims with fuch Commissioners, before the full Expiration of the Time fet and limited for that Purpose, as aforesaid, such Creditor shall forever after be debarred of his or her Debt; unless he or she can shew or find some other or further Estate of the Deceased, not before discovered and put into the Inventory. An Act for constituting Judges and Justices of the Peace in this State, and for impowering and directing them in their respective Offices. it enacted by be the Governor, Council, and Representatives, in General Court and by the Authority of the fame, That the Judges of the Superior Court, and the Judges of the County Courts, and Courts of Probate which now are, or hereafter shall be erected and constituted in this State, being first appointed by the General Assembly of this State, shall commiffioned be respectively sworn to a faithful Discharge of their Office; and shall alfo Judges of courts to be appointed, and sworn. Justices in like manner. Their power and duty. Gov. lieut. be commissioned and authorized to the Execution of their respective Offices, by a Commission signed by the Governor of this State for the Time being, and sealed with the State Seal. And that the Justices of the Peace in each County in this State, being first appointed by the General Assembly, shall also be commiffioned in the Manner aforesaid, to the Execution of such Office; and shall be sworn to a faithful Discharge of the fame. And that the faid Judges and Justices of Peace, appointed, commiffioned, and sworn, as aforesaid, shall be, and they are fully authorized and impowered to exercise and execute the Office, Duty, and Trust to which they are or shall be appointed, commissioned and sworn, as aforesaid, to every Purpose and Intent, according to the Nature, End and Design of their respective Offices, according to the Laws of this State, for the common Good and Peace of the State, and the doing equal and speedy Justice to the People therein: And all such Commissions shall remain in Force till called in, or superseded by Act of the General Assembly. And be it further enacted by the Authority aforesaid, That the Governor, gov. & affift- Lieutenant-Governor, and every Assistant in this State for the Time being, cute the office may, and hereby are fully authorized and impowered to exercise and exeof a justice, &c cute the Office of a Justice of the Peace, in and throughout this State. ants to exe And Judges and Justices. 107 And that every Justice of the Peace shall have Authority to issue Process, to be served in any Part of the State, to apprehend and bring before him, A justice to any Person against whom Complaint is made for any criminal Offence, for issue process, which he ought to be brought before such Justice for Trial or Examina- &c. tion; and may in like Manner grant Summons or Capias for Witnesses in fuch Cafes. Sheriffs and power exten And any Sheriff, Sheriff's Deputy, or Conftable, to whom such Process, Summons, or Capias shall be directed by Name and Office, shall and may execute the fame at any Place within this State, where the Person or Persons Conftables against whom the fame issued, are not to be found within the official Pre- ded, &c. cinct of fuch Officer. And the Authority granting such Process, Summon or Capias, if it be judged necessary, may direct the fame to some suitable indifferent Person, who shall have the fame Power to execute the fame, and command Assistance, as Sheriffs and Conftables by Law have to execute Warrants to them directed. That whenever the Judge of any County Court shall be absent out of this State, or be by Sickness, or otherwise unable to attend the Duty of said Office, the senior Justice of the Quorum in such County, who shall be present, and able to attend the Business, shall be invested with all the Powers and Authorities of Judge of faid Court, to all Intents and Purposes. And for preventing all Occafions of partial and undue Proceedings in Courts, and avoiding Jealoufies that may arife concerning Judges and Justices : It is further enacted by the Authority aforesaid, That in every Cafe of a Civil Nature, between Party and Party, where there shall be so near a Relation between any Judge or Justice, and any of the Parties, as between Father and Son, either by Nature or Marriage, Brother and Brother in like Kind; Uncle and Nephew; Landlord and Tenant; fuch Judge or Justice shall have no Power to vote, or give Sentence therein. Judge of C. court being abfent, &c. In what cafe a judge or juftice may not judge. One afsistant or justice may feffion, &c. take a con and grant out execution, &e And be it further enalled by the Authority aforesaid, That any one Assistant or Justice of the Peace shall have full Power, and they are hereby authorized and impowered to take and accept a Confeffion and Acknowledgement of any Debt, from a Debtor to his Creditor; either upon, or without an antecedent Process, as the Parties shall agree; which Confeffion shall be made only by the Person of the Debtor himself: And on such Confession so made, the Assistant or Justice shall make a Record thereof, and thereon grant out execution in due Form of Law. And if such Executions shali be levied on the Lands of any such Person confeffing, as aforesaid, according to the Laws directing the levying. Executions on Lands, the same shall be recorded in the Records of the Town wherein the Land is situate, and being so done and recorded, shall be a good Evidence of a Title to such Creditor or Creditors for whom it shall be taken as aforesaid, their Heirs and Proviso. Afsigns. Provided, No Confession shall be made or taken in the Manner aforesaid, for more than the Value of Twenty Pounds, Debt, and the Cost of taking such Confeffion, or which may have arisen on an antecedent Suit for such Debt, the same being agreed to by Debtor and Creditor. [This Paragraph next above recited, was made and passed in the General Assembly held on the second Thursday in May, Anno Domini, One thousand seven hundred and forty-two; with this Difference, -That in the Place of the Words, "recorded in the Records of the Town wherein the Land is fituate," was inserted these Words, "returned to, and recorded in the Office of the Clerk of the County Court, in the fame County where such Land lieth."] |