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Actions of trespass, &c. when under 405.

Provifo.

Adultery how punished.

Penalty for

alarm.

Adultery. Alarms. Arbitration.

after commenced or prosecuted in any County or Superior Court in this State, (except only where the Title, or Inheritance, or Interest of Lands or freehold Estate is the principal Matter in Question on the Trial of fuch Cafe) if the Damage is therein found, by Verdict of a Jury or otherways, to be under Forty Shillings lawful Money, the Plaintiff shall recover no more Costs than Damages; any Law, Usage or Custom to the contrary notwithstanding.

Provided nevertheless, That when the Defendant in any of the Actions aforesaid, shall remove such Action by Appeal from an Assistant or Justice of the Peace, to the County Court, or from the County Court to the Su•perior Court, the Plaintiff on his recovering final Judgment against the Defendant shall recover his full Costs of Suit; any Thing in this Act το the contrary notwithstanding.

An Act against, and for the Punishment of Adultery.

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E it enacted by the Governor, Council, and Representatives, in General Court and by the Authority of the same, That whosoever shall commit Adultery with a married Woman, and be thereof convicted before the Superior Court, both of them shall be severely punished, by Whipping on the naked Body, and stigmatized, or burnt on the Forehead with the Letter A, on a hot Iron: And each of them shall wear a Halter about their Necks, on the outside of their Garments, during their Abode in this State, fo as it may be visible: And as often as either of them shall be found without their Halters, worn as aforesaid, they shall, upon Information and Proof of the fame, made before an Assistant or Justice of the Peace, be by him ordered to be whipt, not exceeding thirty Stripes.

BE

An Act relating to Alarms.

it enacted by the Governor, Council, and Representatives, in General Court affembled, and by the Authority of the same, That if any Person or Percaufing a falfe fons in this State, (without just and neceffary Occasion so to do) shall cause any Alarm, by firing any Gun or Guns, or otherwise, in any Town or Plantation in this State, at any Time between the shutting in of the Evening, and break of Day, and shall thereof be legally convicted, shall each of them pay a Fine of Four Pounds to the public Treasurer of the County where such Conviction shall be made; or fuffer two Months Imprisonment.

Provifo.

Controverfies by arbitrators how managed.

Provided, The Delinquency be complained of, and prosecuted within fix Months after the fame is committed.

An Act for the more easy and effectually finishing of
Controverfies by Arbitration.

B

E it enacted by the Governor, Council, and Representatives, in General Court affembled, and by the Authority of the fame, That all Merchants and others defiring to end any Controversy (for which they have no other Remedy but a perfonal Action, or Suit in Equity) by Arbitration, may agree that their Submission of the Suit to the Award or Umpirage of any Perfons, shall be made a Rule of any of the Superior or County Courts, which the Parties shall choose, and may infert such their Agreement in their Submiffion, or the Condition of the Bond, or Promife; and on producing an Affidavit of fuch Agreement, and upon reading, and filing the fame in the Court

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so chosen, the same may be entered of Record in such Court, and a Rule of
Court shall be thereupon made that the Parties shall submit to, and finally
be concluded by such Arbitration, or Umpirage, and on the Award of such
Arbitrators being returned into the Court so chosen, in Cafe of Disobedience
of either Parties, the said Court may grant Execution to levy, and collect
the Sum awarded by faid Arbitrators, with Cost.

:

or others may

end controverfies by arbitration, if

appearing before any superior or county court, &c.

And be it further enacted by the Authority aforesaid, That if any Merchant, Merchants, or other Person defiring to end any Controversy, as aforesaid, by Arbitration, shall personally appear before any Superior, or County Court, and acknowledge before such Court, that they have mutually agreed to refer all their matters of Difference, or any particular Thing to the Arbitrement of certain Persons by them agreed on, naming the Persons so chosen, and defiring the fame may be made a Rule of Court; the same may be entered of Record: And a Rule of Court shall be thereupon made that the Parties shall submit to, and finally be concluded by such Arbitration, or Umpirage, and on the Award of fuch Arbitrators being returned into the Court so chosen, in Cafe of Disobedience of either Party thereto, the said Court may grant Execution in due Form of Law, and levy and collect the Sum, so awarded, to be paid with Cost.

on be

And be it further enacted by the Authority aforesaid, That when any perso- When any nal Action shall be commenced, the Parties in such Action defiring to refer personal acti the fame, on each Party's choosing a Man, the Court may appoint a Third, commenced, whose Award being by said Referrees, or any two of them made, and re- the parties to, turned into such Court, and by them accepted, shall be a final End of such &c. Controversy, and the faid Court shall grant Execution thereon according to the Award of fuch Referrees, with Coft.

An Act concerning Arrests and Imprisonment.

E it

Befmbedded by Guerrerouncil and Mans Perion No Man's
shail be arrested and imprisoned for any Debt, Damage, or Fine, where perfon to be
imprisoned
sufficient Means of Satisfaction can otherwise lawfully be found, from his for debt, &c.
Estate, to be shewn and presented by him; but it no such Satisfaction can in cafe, &c.
be found, his Person may be arrested and imprisoned: Where he shall
be kept at his own Charge, 'till Satisfaction be made; unless the Court that
hath Cognizance of the Cause, shall otherwise determine and order.

Enacted by the Governor, Council and Representatives, in General Court

Provided nevertheless, That no Person or Persons for the non-payment Proviso,
of Rates, Fines, Debts, or for any Crime or Offence, shall be committed to
Prison, without a Mittimus granted and signed by Civil Authority; decla-
ring the Cause and Ground of his Commitment, requiring the Goaler,
Master, or Keeper of the Prison to receive and keep fuch Person or Persons
within the Prifon, until difcharged according to Law: Unless where any
proper Officer for want of Estate, seize the Body or Bodies of any Person
or Persons by Execution or Distress, or Warrant for Fines or Rates, and
commit him or them to Prison; in which Case a Copy of the Execution
or Distress, attested and signed by such Officer, and delivered to the
Goaler, Master, or Keeper of the Prison, shall be a fufficient Warrant or
Order for him to receive such Perfon or Persons ; and him or them to
'hold in safe Custody 'till delivered by Law.

And if no other Means can be found to pay the Debt for which fuch
Debtor is imprifsoned, the Debtor shall fatisfy the same by Service, if the
Creditor defire it, and the Court shalt judge it reasonable; in which Cafe the
Superior or County Court shall have Power to order and dispose of fuch

B

Debtor

Debtor to fatisfy the debt by service, in safe, &c.

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Attachments. Attornies.

Debtor in Service, for the Purpose aforesaid, to some Inhabitant of this
State, whether the Execution by which he is held issued from fuch Court

or not.

Provifo.

Provided always, That no Court in this State shall, in any Civil Cafe, affign or dispose of any Person in Service, until such Court is satisfied by the Oath of the Parties or otherways, that fuch Debtor hath not Estate sufficient to pay the Debt for which he is holden by Execution, except fuch Necessaries as are by Law exempted from being taken by Execution; and the Debt for which he is holden is really and bona fide due, on good Confideration.

Any eftate being attached, copy to be left.

If real estate

is taken, copy to be left with

the town clerk

Estate attached, not to be held, unless, &c. within

four months.

Execution to

be levied within five

days, or pri

foner not to

be held.

B

An Act concerning Attachments.

in General Cours

E it enacted by the Governor, Council, and Representatives, afssembled, and by the Authority of the same, That when any Estate real or personal, is attached by Virtue of a Writ of Attachment in any Civil Action, the Officer who serves the fame, shall leave with the Person whose Estate is so attached, or at the Place of his ufual Abode, if within this State, a true and attested Copy of the Writ, and of his Return, describing the Estate by him attached, thereon. And when any real Estate is taken, the Officer serving the Writ, shall leave a true and attested Copy thereof, and a Description of the Estate taken, at the Town Clerk's Office, in the Town where the Estate lies; and until the Service is fo compleated, the Estate so attached, shall not be held by fuch Attachment, against any other Creditor or bona fide Purchaser, unless fuch Copy is left in Service, within seven Days next after attaching the Estate, and before the Time limited by Law for the Service of fuch Writ is expired.

And be it further enacted by the Authority aforesaid, That no Estate artached as aforesaid, shall be held to respond the Judgment obtained by the Plaintiff at whose Suit the fame is attached, either against the Debtor, or. any other Creditor, unless such Judgment Creditor take out Execution on such Judgment, and have the fame levied on Goods or personal Estate, within fixty Days after final Judgment, or on real Estate, and the fame have appraised and recorded within four Months after such Judgment obtained: or if faid Goods or Estate are incumbered by any prior Attachment, the Execution be levied as aforesaid within the respective Times aforesaid, after such Incumbrance is removed.

And that when the Body of any Person is attached, and for want of Bail is committed to Prison, the Person so committed shall not be holden in Prison by Virtue of such Attachment, for a longer Time than five Days after the rifing of the Court in which final Judgment in such Case shall be rendered: And in Case no Execution shall be taken out upon fuch Judgment, and levied upon the Person of such imprisoned Debtor, within five Days as aforesaid, the Keeper of the Goal, upon his Fees being paid, may not hold such Prifoner any longer by Virtue of faid Commitment; any Law, Ufage or Custom to the contrary notwithstanding.

[This Act was passed in October, One thousand seven hundred and feventy.]

An Act for the Appointment and regulating Attornies,

Baffembled, and by

For the well-ordering Proceedings and Pleas at the Bar : it enacted the Governor, Council, and Representatives, in General Court the Authority of the fame, That the County Courts in the respective Counties in this State, shall appoint, and they are hereby impowered

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nies in their

impowered to approve of, nominate and appoint Attornies in their respec- The county tive Counties, as there shall be occasion, to plead at the Bar: Which courts to apAttornies shall, before fuch Court, take the Oath by Law provided for point attor Attornies: The Administration and taking of which Oath, together with respective the said Appointment, shall be registered by the Clerk of the said Court counties. and be a fufficient Evidence of his Admission as an Attorney at the Bar.

And that no Person (except in his own Cafe) shall be admitted to make No persons to plead at the any Plea at the Bar in any Court, but such as are allowed and qualified bar, except. Attornies, aforesaid.

And whosoever shall transgress the Rules of Pleading, appointed by any Transgressors Court, shall be liable to fuffer such Fine for every such Offence, as the faid of the rules Court shall impose; not exceeding the Sum of Five Shillings.

fined.

And that in all Actions wherein the Title of Land is not concerned, When twoatand the Demand is not above Ten Pounds, there shall be allowed but one tornies are to Attorney on a Side, to plead at the Bar: But in all other Cafes there shall be allowed. be allowed to each Party two Attornies to plead at the Bar; and no

more.

And the Fees of such Attornies shall be as stated in the Table of Fees: And the Party that shall recover Judgment, shall have his Attorney's Fees according to the above Regulation, allowed as Part of Coft of Trial.

Their fees as in the table of fees.

And it is further enacted by the Authority aforesaid, That in each County State attorin this State, there shall be one State Attorney, who shall profecute, manage ney appoinand plead in the County where such Attorney is appointed, in all Matters ted in each proper for, and in behalf of the State. Which Attornies shall also be county. appointed by the respective County Courts.

And that the several Attornies, who shall be allowed and appointed as The courts aforesaid, shall from Time to Time, be under the Directions of the Courts power to difbefore whom they plead; who upon just Reason, shall and may displace, place attorand wholly suspend any of faid Attornies, or fine them, as is before in nies, &c. this Act provided.

An Act relating to Auditors and Actions of Account.

E it

:

count how

the Governor, Council, and Representatives, in General Court Baffembled, and by the Authority of the same, That when any Defendant Actions of ac in any Action of Account, depending in any Superior or County Court in proceeded this State, shall plead in his Defence any Plea (which being true he ought with. not to account), it shall be tried by a Jury, if either Party defire it: And in Cafe the Issue be found against the Defendant by the Jury or otherwise, the Court shall enter Judgment against him that he shall account: And thereupon shall appoint three able, judicious and disinterested Men, Auditors in such Cafe; who shall be sworn to hear, examine and adjust the Account or Accounts: And the Auditors appointed as aforesaid, are hereby authorved and impowered to appoint Time and Place for the hearing and adjafting the Accounts aforesaid.

to recover his

And upon the Defendant's Refusal (due Notice being given him of the Defendant's Time and Place appointed) to attend upon them and produce his Accounts, refusal to apthe Auditors shall award to the Plaintiff the Whole of his Demand; and pear, plaintiff upon the Parties producing to them their Accounts, the Auditors shall whole dehave Power to administer an Oath unto them to answer to such Interroga- mand. tories as they shall think proper, respecting their Accounts: And upon either of the Parties Refusal to take such Oath, or to answer directly to fuch Interrogatories, it shall be in the Power of the Auditors to commit the Party fo refusing to Gaol; there to remain at his own Charge, until he will account or answer as aforesaid.

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On return of auditors, final judgment to be given.

Auditing the public Accounts.

And when the Auditors have adjusted the Accounts, or awarded as aforesaid, and returned the fame to the Court, (either at the fame Seffion or the next) that final Judgment shall be made up for the Recovery of the Sum awarded and the Costs, together with such reasonable Costs for the Service of the Auditors, as the Court shall award; which shall be by the Party in whose Favour the Cause is determined, then paid down to the Auditors; and shall be allowed him in his Bill of Costs.

And be it further enacted, That in all Actions brought on Book Accounts, if the Account be alledged to be above Five Pounds, the like Like remedy Method may be taken in appointing Auditors for the Adjustment of the Accounts between the Parties; and whosoever shall be awarded by them to be in Arrears, the Court shall enter up Judgment for the fame, with additional Costs as aforesaid.

book, if above 51.

And be it further enacted by the Authority aforesaid, That Executors who Action of ac- are also residuary Legatees, when all or any Part of their Legacies are

count between exeсиtors., &c.

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with-holden from them by their Co-executors, may bring their Action of Account against their Co-executors for the Recovery thereof: And the like Action is also hereby allowed to residuary Legatees against Executors.

That when two or more Persons have and hold any Estate or Interest, in Common, as Joint-Tenants, Tenants in Common, or Co-parceners, and one or more of the Owners of such Common-Interest, shall take, receive, use, or take Benefit of, such Common Interest in greater Proportion than Betweenjoint his or their Interest in the principal Estate, such Owner or Owners, his tenants, &c. or their Executors and Administrators, shall be liable to render his or

their reasonable Account, for such his or their taking, use and profit of fuch Common-Interest and Estate, to his or their Fellow-Commoner or Commoners, jointly or severally; and that fuch their Fellow-Commoner or Commoners, or any or either of them, their Executors or Administrators, may and are hereby enabled to have his or their Action of Account against such Receiver or Receivers, or either of them, as their Bailiffs for receiving more than their Part or Proportion as aforefaid.

And no Appeal thall be allowed from any Judgment given on an

No appeal. Award of Auditors.

Auditors to be annually appointed in October, &c.

Treafurer's duty.

An Act for regulating and auditing the public Ac

counts.

FOR preventing Inconveniences in the public Accounts, and that no Arrears in the State's Accounts be standing out after the Year be expired.

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E it enacted by the Governor, Council, and Representatives, in General Court and by the Authority of the fame, That meet Persons shall by this Court be appointed annually in May, to make up and audit the State's Accounts with the Treasurer; which Accounts shall be audited and perfected before the fitting of the General Court in October yearly. And all fuch Persons as shall be appointed to audit said Accounts, shall before their entering upon that Service, take the Oath provided by Law for fuch Auditors.

And the Treasurer is hereby obliged to make himself Debtor for the several Sums due from every of the Towns in this State, and also for all Fines belonging to the State Treasury; and fo for the whole Rate or Sum Total arifing, by bringing the several particular Sums into one intire Sum; and to bring in Credit (according to Law) until he shall confummate and perfect the State's Account as aforesaid.

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And

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