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Whereas Sundry Persons have from Time to Time, after the twentieth of August, come into this State for the Purpose of vending their Goods, Wares and Preamble. Merchandize, and to avoid the Payment of Taxes have, before the Time of giving in Lifts, removed out of this State, whereby they have reaped all the Profits of Trade, without contributing any Thing to the public Burthens of this State.

Itinerant traders afsess

Be it further enacted by the Authority aforesaid, That the Listers in the several Towns in this State, together with two Justices of the Peace, and two Select-men be, and they are hereby authorized and impowered to afsess any such Trader or Merchant who hath come into any such Town since the twentieth Day of August last, and refided one Month therein, and hath ed. not given a Lift in any Town in this State, in such Sum as they shall judge jutt and reasonable, according to their Gains, as in Case of other Traders, and from Month to Month, and at the Expiration of every Month until their giving in a Lift in the usual Manner, may assess such Person or Persons as are already in this State, or shall hereafter come into this State and carry on any Trade or Merchandize as aforesaid, in such Sum as they shall think just and reasonable, according to their Gains as aforesaid; and faid Justices are forthwith to issue out their Warrants for collecting such Afsessment, directed to the Collector of such Town, who is hereby impowered and directed to collect and pay the same into the Town Treasury where such Affefsment shall be made, for the Use and Benefit of fuch Town.

1

An Act for the Encouragement of Literature and Genius.

WHEREAS it is perfectly agreeable to the Principles of natural Equity and Justice, that every Author should be secured in receiving the Profits that may arife from the Sale of his Works, and fuch Security may encourage Men of Learn- Preamble. ing and Genius to publish their Writings; which may do Honour to their Country, and Service to Mankind.

B

lishing, &c. of 14 years.

for the term

E it enacted by the Governor, Council, and Representatives, in General Court Authors of assembled, and by the Authority of the fame, That the Author of any books, &c. to Book or Pamphlet not yet printed, or of any Map or Chart, being an In- have the fole habitant or Resident in these United States, and his Heirs and Assigns, shall right of pubhave the fole Liberty of printing, publishing and vending the fame within this State, for the Term of fourteen Years, to commence from the Day of its first Publication in this State. And if any Person or Persons within said Term of fourteen Years as aforesaid, shall prefume to print or re-print any fuch Book, Pamphlet, Map or Chart within this State, or to import or introduce into this State for Sale, any Copies thereof, re-printed beyond the Limits of this State, or shall knowingly publish, vend and utter, or distribute the fame without the Consent of the Proprietor thereof in Writing, publishing, figned in the Presence of two credible Witnesses, every such Person or Per- &c. without sons shall forfeit and pay to the Proprietor of fuch Book, Pamphlet, Map the proprieor Chart double the Value of all the Copies thereof, so printed, imported, tor's confent. distributed, vended, or exposed for Sale; to be recovered by such Proprietor in any Court of Law in this State, proper to try the saine.

Penalty for

Provided nevertheless, That no Author, Affignee, or Proprietor of any Provise. such Book, Pamphlet, Map or Chart shall be entitled to take the Benefit of this Statute, until he shall duly register his Name as Author, Affsignee, or Proprietor, with the Title thereof, in the Office of the Secretary of this State, who is hereby impowered and directed to enter the fame on Record.

And be it further enacted by the Authority aforesaid, That at the Expiration of said Term of fourteen Years, in the Cafes above mentioned, the sole Right

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Right of printing and disposing of any such Book, Pamphlet, Map or Chart in this State, shall return to the Author thereof, if then living, and Furtherterm. his Heirs and Assigns, for the Term of fourteen Years more, to commence at the End of said first Term; and that all and every Perfon or Perfons, who shall re-print, import, vend, utter or distribute in this State, any Copies thereof without the Consent of fuch Proprietor, obtained as aforesaid, during faid second Term of fourteen Years, shall be liable to the fame Penalties, recoverable in the same Manner as is herein before enacted and provided.

Proprietor

neglecting to furnish the public with fufficient edi

tions, &c.

Penalty on fuch as procure & print unpublished manufcript, without confent of the author.

Provifo.

And whereas it is equally necessary, for the Encouragement of Learning, that the Inhabitants of this State be furnished with useful Books, &c. at reasonable Prices.

Be-it further enacted, That whenever any fuch Author or Proprietor of fuch Book, Pamphlet, Map or Chart, shall neglect to furnish the Public with sufficient Editions thereof, or shall fell the same at a Price unreasonable, and beyond what may be adjudged a sufficient Compensation for his Labour, Time, Expence and Risque of Sale, the Judge of the Superior Court in this State, on Complaint thereof made to him in Writing, is hereby authorized and impowered to fummon fuch Author or Proprietor to appear before the next Superior Court, to be holden in that County where fuch Author or Proprietor dwells, if a Resident in this State, if not, in that County where such Complainant dwells; and faid Court are hereby authorized and impowered to enquire into the Justice of faid Complaint, and if the fame be found true, to take sufficient Recognizance and Security of such Author or Proprietor, conditioned that he shall within such reasonable Time, as faid Court shall direct, publish and offer for Sale in this State, a sufficient Number of Copies of such Book, Pamphlet, Map or Chart, at fuch reasonable Price as faid Court shall, on due Confideration affix: And if fuch Author or Proprietor shall, before faid Court, neglect or refuse to give fuch Security as aforesaid, the faid Court are hereby authorized and impowered to give to fuch Complainant, a full and ample Licence to reprint and publish such Book, Pamphlet, Map or Chart, in such Numbers and for fuch Term as said Court shall judge just and reasonable : Provided faid Complainant shall give sufficient Security before faid Court, to afford faid reprinted Edition at such reasonable Price as faid Court shall thereto affix.

And be it further enacted, That any Person or Persons who shall procure and print any unpublished Manuscript, without the Consent and Approbation of the Author or Proprietor thereof, first had and obtained, (if fuch Author or Proprietor be living, and resident in, or Inhabitant of these United States) shall be liable to fuffer and pay to the faid Author or Proprietor his just Damages for such Injury; to be recovered by Action brought on this Statute, in any Court of Law in this State, proper to try the fame.

Provided always, That nothing in this Act shall extend to affect, prejudice or confirm the Rights which any Person may have to the printing or publishing of any Book, Pamphlet, Map or Chart, at Common Law, in Cafes not mentioned in this Act, or to screen from legal Punishment any Perfon or Persons who may be guilty of printing or publishing any Book, Pamphlet or Paper that may be prophane, treasonable, defamatory, or injurious to Government, Morals or Religion.

Provided also, That this Act shall not extend, or be construed to extend in Favour, or for the Benefit of any Author or Persons residing in, or Inhabitants of any other of the United States, until the State or States, in which fuch Person or Persons reside or dwell, shall have passed similar Laws in Favour of the Authors of new Publications, and their Heirs and Affigns.

An

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to fell

prefume, without special Liberty from the General Court, to fet up any
Lottery for the Sale of Goods, or to fell, put off, or vend any Parcel, Par-
cels or Quantity of Goods, Monies, or other Things whatsoever, by way of Persons set-
Lottery; or shall prefume by Wagers, Shooting, or any other such like ting up lotte-
Way or Exercise whatsoever, to offer to fell, vend, put off or dispose of any goods, &c. to
Goods, Monies, or other Things collected or exposed to be run at such forfeit the
Adventures; or to set up Notifications to entice People to bring in and value of faid
deposit, or risque their Money or Credit for the carrying on the Designs goods.
aforesaid, and be duly convicted thereof before any Court or Authority
proper to try the fame, shall forfeit the Value of fuch Goods or Monies, or
Things so exposed, or proposed to be exposed to Sale, or drawn for: The
one Half thereof to him that shall prosecute the same to Effect, and the other
Half to the County Treasury of that County where the Offence shall be
committed.

All officers

to make pre

And all Officers, as Grand-jurors and others ordered by Law to make Presentment of Breaches of Law, are directed (when no Informer or Profe- fentment, &c. cutor appears) to make Presentment of the Breaches of this Act.

An Act for the Punishment of Man-flaughter.

E it enacted by

Braffembled

all goods and

the Governor, Council, and Representatives, in General Court and by the Authority of the same, That whatsoever Person shall Punishment be guilty of the Crime of Man-flaughter, or the wilful killing another Per- for manfon, without Malice forethought, and be thereof legally convicted, by slaughter, Confession or Verdict, before any of the Superior Courts of this State, shall forfeiture of forfeit to the public Treasury of this State, all the Goods and Chattels to chattels, him or her belodging at the Time of committing said Crime; and be further whipping punished by whipping on the naked Body, and be stigmatized, or burnt and burnt on on the Hand with the Letter M, on a hot Iron, and shall also be forever the hand, &c. disabled from giving any Verdict or Evidence in any of the Courts within this State.

Provided nevertheless, That if any Person in the just and necessary Defence of his own Life, or the Life of any other, shall kill any Person attempting to rob or murther in the Field or High-way, or to break into any DwellingHouse; if he conceives he cannot with Safety of his own Person otherwise take the Felon or Assailant, or bring him to Justice, he shall be holden guiltless.

An Act for regulating and orderly celebrating of Mar-
riages; and for preventing and punishing incestuous
and other unlawful Marriages...

Forasmuch as the Ordinance of Marriage is honorable amongst all, so it is
meet it should be orderly and decently folemnized :

BE

E it therefore enacted by the Governor, Council, and Representatives, in General Court afsfembled, and by the Authority of the fame, That no Persons shall be joined in Marriage, before the Purpose or Intention of the Parties proceeding therein, hath been sufficiently published in some public Meeting or Congregation on the Lord's-Day, or on fome public Fast, Thanksgiving, or Lecture-Day, in the Town, Parish, or Society where the Parties, or either

of

Provife.

Publishment requifite before marriage and the mode of publishing pointed out.

136

None but ma

giftrates, juf

tices, and minifters have

Marriages.

of them do ordinarily reside; or fuch Purpose or Intention be set up in fair Writing, upon some Post or Door of their Meeting-House, or near the same, in public View, there to ftand so as it may be read, eight Days before such Marriage.

That no Person whatsoever in this State, other than a Magistrate, or Justice of the Peace, and that within his own County or Jurisdiction, or

ordained Minister, and that only within the County wherein he dwells, and right to join during the Time he continues settled in the Work of the Ministry, shall others inmar- join any Persons together in Marriage. riage.

Penalty for performing

faid ordi.

nance without legal publication, and

consent of

Nor shall any Magistrate, Justice of the Peace, or ordained Minister, presume to join any Persons together in Marriage, before the Purpose or Intention of the Parties to be married has been published as aforesaid, and before such Magistrate, Justice or Minister is certified of the Consent of the Parents or Guardians (if any be) of such Parties that are under the Care and Controul of Parents or Guardians, on Pain of forfeiting for every such Offence the Sum of Twenty Pounds; one Moiety whereof shall be to him or them who shall complain of and prosecute the same to Effect, and the other Moiety to the Treasury of the County wherein the Offence shall be committed. And if any Person or Persons shall presume to deface or pull down any Publishment set up in Writing, as aforesaid, before the Expiration of eight publishment. Days after the Time of its being fet up, every such Perfon or Perions shall be fined the Sum of Six Shillings, or be set in the Stocks one whole Hour. And in order to prevent incestuous and unlawful Marriages ;

parents, &c.

Penalty for pulling down or defacing a

Degrees of kindred for

bidden marriage.

Be it further enacted, That no Man shall marry any Woman within the Degrees of Kindred hereafter named in this Act: That is to say, No Man shall marry his Grand-father's Wife, Wife's Grand-Mother, Father's Sifter, Mother's Sister, Father's Brother's Wife, Mother's Brother's Wife, Wife's Father's Sifter, Wife's Mother's Sister, Father's Wife, Wife's Mother, Daughter, Wife's Daughter, Son's Wife, Sister, Brother's Wife, Wife's Sister, Son's Daughter, Daughter's Daughter, Son's Son's Wife, Daughter's Son's Wife, Wife's Son's Daughter, Wife's Daughter's Daughter, Brother's Daughter, Sister's Daughter, Brother's Son's Wife, Sister's Son's Wife.

And if any Man shall hereafter marry, or have carnal Copulation with any Woman who is within the Degrees before recited in this Act, every Such marria such Marriage shall be, and is hereby declared to be null and void: And all Children that shall hereafter be born of such incestuous Marriage or Copulation, shall be forever disabled to inherit by Descent, or by being gene. rally named in any Deed or Will, by Father or Mother.

ges null and void.

That every Man and Woman who shall marry, or carnally know each other, being within any of the Degrees before mentioned in this Act, and

Penalty. shall be convicted thereof before the Superior Court, such Man or Woman so convicted, shall be set on the Gallows the Space of one Hour, with a Rope about each of their Necks, and the other End cast over the Gallows; and in the Way from thence to the common Gaol, shall be severely whipt, not exceeding forty Stripes each.

Stigma, to wear the letter I, &c.

Also every Person so offending, shall for ever after wear a Capital Letter I, two Inches long, and proportionable Bigness, cut out of Cloth of a contrary Colour to their Cloaths, and sewed upon their upper Garments, on the out-side of their Arm, or on their Back, in open View.

And if any Person or Persons convicted and sentenced as aforesaid, for fuch Offence, shall at any Time be found without their Halter so worn, during their Abode in this State, they shall by Warrant from any one Assistant or Justice of the Peace, be forthwith apprehended, and ordered to be publicly whipt, not exceeding fifteen Stripes; and so from Time to Time, toties Quoties.

That if any Man or Woman that are within the aforementioned Degrees of Kindred, shall hereafter marry contrary to the Intent of this Act, and whofe

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whose Marriage is by this Act declared null and void, shall be so hardy as To be punishto converse together as Man and Wife; or shall continue to dwell in the ed as adulterfame House at any Time; or if any Man or Woman who shall hereafter be ers, in cafe they cohabit, divorced, or their Marriage declared null and void according to the Laws &c. of this State, shall cohabit together as Man and Wife, and be thereof convicted; all and every fuch Person shall fuffer the fame Pains and Penalties as are by Law set and imposed upon such as shall be taken in Adultery.

And it shall be in the Power of the Superior Court to assign unto any Woman so separated, such reasonable Part of the Estate of her late Husband, as in their Discretion the Circumstances of the Estate may admit; not exceeding one third Part thereof.

And whereas the Violation of the Marriage-Covenant is contrary to the Command of God, and destructive to the Peace of Families :

Therefore,

Be it further enacted by the Authority aforesaid, That if any Person or Perfons in this State, being married, or who shall hereafter marry, do at any Time presume to marry any other Person, (the former or other Husband or Wife being alive), or shall continue to live together so married, that then every such Offender shall fuffer and be punished as in Case of Adultery; and fuch Marriage shall be, and is hereby declared to be null and void.

The woman so separated, to have part of her hufband's estate.

Bigamy puthe fame adultery.

nishable in

manner as

Where tria

Which Offenders shall be tried in the County where they shall be ap- ble. prehended.

Always provided, That this Act, or any Thing therein contained, shall not extend to any Person or Persons whose Husband or Wife shall be continually remaining beyond the Seas, by the Space of seven Years together, Provifo. or whose Husband or Wife shall absent him or her self the one from the other by the Space of seven Years together, the one of them not knowing the other to be living within that Time.

Provided also, That' this Act shall not extend to any Person or Persons whose Husband or Wife has lately, or shall hereafter go to Sea in any Ship or other Vessel bound from one Port to another, where the Passage is usually made in three Months Time; and such Ship or Vessel has not been, or Proviso. shall not be heard of in the Space of three full Years next after their putting to Sea from such Port; or shall only be heard of under such Circumstances as may rather confirm the Opinion commonly received, of the whole Company's being utterly loft.

But in every such Cafe, the Matter being laid before the Superior Court, Cafe to be and made so to appear, the Perfon whose Husband or Wife is, or shall be laid before in this Manner parted from her or him, may be esteemed and declared sin- the fuperior gle and unmarried; and upon such Declaration thereof, and Liberty ob- court. tained from the said Superior Court, may lawfully marry again; any Thing in this Act to the contrary notwithstanding.

Provided also, That this Act shall not extend to any Person or Persons that are, or shall be at the Time of such Marriage divorced by any Sentence had, or hereafter to be had, as the Law of this State has in that Provifo. Case provided; nor to any Perfon or Perfons where the former Marriage has been, or shall hereafter by such Sentence had, be declared to be void, and of none Effect; nor to any Perfon or Persons for, or by Reafon of any former Marriage had or made, or hereafter to be had or made within the Age of Consent: That is to say, the Man fourteen Years, and the Woman twelve Years of Age.

Any man found in bed man's wife,

with another

And be it further enacted by the Authority aforesaid, That if any Man be found in Bed with another Man's Wife; the Man and Woman so offending, being thereof convicted, shall be severely whipt, not exceeding thirty Stripes; unless it appears upon Trial, that one Party was furprized, and did both to be not confent, which shall excuse such Party from the Punishment.

S

And

whipt, unless,

Sc.

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