238 Strays or loft goods found, B Strays. Subjects, French. An Act concerning Strays and lost Goods. it enacted by the Governor, Council and Representatives, in General Court assembled, and by the Authority of the same, That whospever shall take up any stray Beast, or find any lost Goods, being worth Two Shillings, whereof the Owner is not known, he shall carry a true Description of such stray Beast or loft Goods, with the natural and artificial Marks thereof, to the Register of the Town where such Goods or Beast were found, within fourteen Days after the finding such Goods or Beast; who shall register the fame, with the Name of the Person in whose Keeping fuch Goods or Beast shall be; to the End the Owner thereof, by applying to faid Register may On penalty have Notice thereof, upon Penalty that the Person so finding or keeping such Goods or Beast, and failing of his Duty therein shall, for such Default forfeit the Value of fuch loft Goods or stray Beast; one Half to the Complainer and the other Half to the Town Treasury. how to be proceeded with, &c. of, &c. Owners appearing in fix months, &c. to have refti tution. And if the Owner shall appear within fix Months after the registering fuch lost Goods or stray Beast, and make good his Title and Claim, he shalt have Restitution of the same, he paying all necessary Charges for the Pains and Care taken about fuch Goods or Beast, as the next Affistant or Justice of the Peace shall adjudge. And if no Owner shall appear within the said fix Months, the Register Otherwise to aforesaid shall appoint two Freeholders, who shall under Oath appraise said be appraised. Goods or Beast, according to the then present true and just Value thereof in Money. No owner appearing in fix months after, how disposed Or 12 months then, &c. Select-men to recover, &c. Provifo. No stray to be taken up unless, &c. Preamble. ! And if the Owner shall appear within fix Months next after such Appraisement, and make good his Title and Claim, as aforesaid, and pay all necessary Charges for the Pains and Care taken about such Goods or Beaft to that Time, (to be adjudged of as aforesaid) he shall have Restitution of the fame, or the Value thereof, at the Election of the Finder, according to the Appraisement aforesaid. And if no Owner shall appear within twelve Months and a Day, after the registering of such loft Goods or stray Beast, the Value thereof, according to the Appraisement aforesaid, shall, after all just Dues to the Keeper, Finder, and Register are defrayed, be to the Use of the Treasury of the Town where such Goods or Beast were found. And the Select-men of such Town are hereby fully impowered to recover and receive the fame for the Use of faid Town. Always provided, That the Keeper of such loft Goods or stray Beast, being faithful in his taking Care of them, such Goods or Beast shall be at the Risque of the Owner thereof, during the first six Months after fuch Goods or Beast are first registered. And that no Beast shall be taken up as a Stray, except it be found in a suffering Condition. 1 An Act to enable the Subjects of his Most Christian Majesty, to transfer and fettle such of their Estates and Property as is or shall happen to fall within this State, WHEREAS the Congress of the United States of America, on the 14th of Jan uary, 1780, did Resolve, That it be recommended to the Legislatures of the aforesaid United States, to make Provision, where not already made, for conferring on the aforesaid Subjets of his Most Christian Majesty, the Privilege of disposing and settling their Estates, agreeable to the Form and Spirit of the thirteenth Article of the Treaty of Amity and Commerce between bis Most Christian Majesty and the United States of America : BE BE as are or Surveyors. E it therefore enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the same, That the Subjects: of his Most Christian Majesty shall be, and they are hereby impowered to transfer and dispose of such of their Estates and Property as shall happen to be within the Limits of this State. And that the Estate and Property of fuch of faid Subjects may be deceased, being within the State afore-. faid, shall defcend to, and become the Estate of the Heirs and legal Representatives of such deceased Person, according to the Laws, Usage and Custom of the Kingdom of France, relative thereto; and such Estate fso descending shall and may be fettled agreeable to the Laws that are or shall be made relative thereto, without being obliged to obtain Letters of Naturalization: And that the aforesaid Subjects of his Most Christian Majesty, shall have, hold and enjoy on their Part, within this State, the Privileges and Immunities mentioned in faid Articles of Treaty, according to the Form and Spirit thereof. An Act for appointing County Surveyors in the several Counties and for directing and regulating them in the Execution of their Office. 239 Privileges granted to the subjects of his most chri ftian majesty. furveyors for each county. BE it enacted by the Governor, Council, and Representatives, in General Court assembled, and by the Authority of the fame, That there shall be appointed One or more by the General Affembly, from Time to Time, as there shall be Occafion, one or more Persons in each County in this State, to be Public, or County: Surveyor or Surveyors for laying out of Lands, and for the renewing of the Bounds of Lands already laid out, according to their original Grants, as Need shall require; and for the running of Lines, and other Services proper for a Surveyor to do; who shall be fufficiently skilled in the Surveyors Art, and be furnished with Instruments suitable and fufficient for that Service. Each of which Surveyors shall take the Oath by Law provided for them: And being appointed and qualified as aforesaid, shall have full Power and Authority to execute faid Office in the respective Counties for which they are or shall be appointed. That when and so often as any County Surveyor shall be employed in laying out any Grants of Land, renewing Boundaries that are loft, or run- Chainmen to ning any Lines, or doing any Service in his Office, and there be Occasion assift. for carrying the Chain to Measure the Lines, that the Men employed to carry the Chain shall take the Oath by Law appointed for them: Which Oath fuch Surveyor is hereby fully impowered to administer to fuch Chainmen as he calls to his Afsistance, as aforesaid. That when a County Surveyor is called out to run any Line between ad- No trespass, joining Proprietors, and that in order to find the Course from Boundary to &c. Boundary, he is obliged to run a random Line to find the certain and true Course, and in so doing, runs on the Land of adjoining Proprietors, such Surveyors shall not be deemed guilty of Trespass in so running fuch random Line; but may lawfully do the fame. Provided, He do faid Service in. Proviso. either of the Months of March, April, October or November. And be it further enacted by the Authority aforesaid, That if any Perfon or Persons shall by any Way or Means oppose, hinder or interrupt any County Surveyor in the due Execution of his Office, as aforesaid; or shall by any Ways or Means oppose, hinder, or interrupt any Committee appointed by the General Affembly to run, fix, or ascertain the Bound Line between particular Townships or Proprietors, or for other Business, or any other Person by them employed to affist in the running and fixing any such Lines, or doing any other Business such Committee are appointed to do, every fuch Offender Penalty for refifting furveyors in the execution of their office, : : 240 Penalty for swearing, &c. 6s. If unable to pay, &c. to be fet in the ftocks. run at large, Swearing profane. Swine. Taverns. Offender shall incur the Penalty of Five Pounds, and be bound to his good Behaviour, with one or more Sureties, at the Difcretion of the Court that hath Cognizance of fuch Offence: The one Moiety of which Penalty to be to the Treasurer of the County wherein the Offence is committed, and the other Moiety to the Profecutor. B An Act against profane Swearing and Curfing. 1 it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That if any Person within this State, shall swear rafhly, vainly or profanely, either by the holy Name of God, or any other Oath: Or shall finfully and wickedly curse any Person or Persons, such Person so offending, shall upon Conviction thereof before any one Assistant or Justice of the Peace, forfeit and pay for every fuch, Offence the Sum of Six Shillings. And if fuch Person or Persons so convict, shall not be able, or shall refuse to pay the aforesaid Fine, he or they shall be set in the Stocks, not exceeding three Hours, and not less than one Hour for one Offence, and pay Cost of Profecution. B An Act for restraining Swine from going at large. E it enacted by the Governor, Council and Representatives, in General Court assembled, and by the Authority of the fame, That no Swine shall be allowed to go at large on the High-ways, or Commons in this State; and Sovie hot to if any Perfon or Perfons, shall allow their Swine to go at large on the High-ways or Commons aforesaid, it shall be the Duty of the Haywards in the several Towns in this State, and it shall be lawful for any other Person or Perfons, to impound such Swine; and the Owner or Owners of fuch Swine, shall pay the Poundage thereof, by Law allowed, before they are released out of Pound. &c. Tavern keepers when and how nominated. Always provided, That every Town in this State shall have Liberty to agree otherwise, in their own Precincts, respecting the Swine in such Town. Provided nevertheless, That if the Swine (of fuch Town so agreeing) fhall at any Time come within the Bounds of any other Town, they shall in all Respects be under the Regulation of this Act, as fully as if no fuch Agreement had been made; unless fuch other Town whereinto fuch Swine shall come as aforefaid, shall alfo agree as aforesaid. An Act for licencing and regulating Houses of public Entertainment, or Taverns; and for fuppreffing unlicenced Houses. RE it enated by the Governor, Council, and Representatives, in General Court affembled, and by the Authority of the same, That the Civil Authority, Select-men, Constables, and Grand-jury-men, in the respective Towns in this State, shall fome Time in the Month of January annually, convene together and nominate the Person or Persons whom they, or the major Part of them think fit and fuitable to keep an House or Houses of public Entertainment in the faid Town, for the enfuing Year: And if any of the Perfons fo nominated shall die, or refuse or neglect to take out Licence, or be denied Licence by the County Court, or hall remove from the Place where he dwelt when nominated, or shall be legally fufpended; or in cafe the Authority and other Officers shall judge it to be of public Convenience and Neceffity to add to the Number nominated in January; in either of faid Cafes they may convene on proper Notice, and nominate any fuitable Perfon ora Perfons Taverns. Persons for the Purpose aforesaid, at any Time within the Year: Which Nomination shall be sent by them to the next County Court in that County, certified under the Hands of a majority of the Civil Authority, and of the Select-men in such Town; which Court shall grant Licences to fuch Perfons nominated, or to so many of them as faid Court shall judge to be suitable and necefiary to keep Houses of public Entertainment, and to no others; which Licences granted to the Persons nominated in January, shall be in Force for one Year, and no more; and the Licences granted to the Persons afterwards nominated, shall expire at the same Time as those granted to the Persons nominated in January: And the said Court shall take a Bond to the Treasurer of the County, in the Sum of Twenty Pounds, of every Perion to whom such Licence shall be granted, for the due Obfervance of all the Laws that are or shall be made respecting Tavern-keepers, or Houses of public Entertainment. And if it shall so happen that any Town be destitute of Civil Authority in it, at the Time of fuch Nomination, the said Nomination in such Town shall be made by the abovesaid Town Officers. Be it further enacted by the Authority aforesaid, That no Person or Persons licenced as aforesaid, shall fuffer any, either Men's Sons under Age, or Apprentices, Servants or Negroes, to sit drinking in his or her House, or to have any manner of strong Drink there, without special Order or Allowance of their respective Parents or Masters; on Pain of forfeiting the Sum of fix Shillings for every such Offence. Nor shall any fuch licenced Person or Persons allow or fuffer any Heads of Families, or fingle Persons being Boarders, or Sojurners, or any young Persons, or other Inhabitants whatsoever under the Government of Parents, Guardians or Masters (Strangers and Travellers only excepted) to convene and meet together in Company or Companies in his or her House, in the Evening next before or next following the Lord's-Day, or any public Day of Fafting; on Pain of forfeiting the Sum of forty Shillings for every fuch Offence. to be made if Nomination. no authority present. Penalty for suffering chil dren and fer vants to fit tipling, &c. Nor young people or day or faft day evenings, on penalty. other inhabi tants, fabbath Always provided, That if fuch licenced Person shall make it appear on Trial, to the Satisfaction of the Court, that he or she did, at the Time of Provifos the Meeting of such Perfons, as aforesaid, in his or her House, forbid their Continuance there; and on their Refusal immediately to depart, did also apply to the next Authority, or Constable in the Place, to break up fuch disorderly Meetings, that then such licenced Perfon or Tavern-keeper shall be excused from said Penalty for that Time. That if any Inhabitant or Person belonging to any Town, shall be found in any Tavern or licenced House in such Town at any Time, either in the Night next before, or the Night next after the Lord's-Day, or after nine of the Clock in any other Night, (except fuch Perfon or Persons shall fatisfy the Authority before whom they may be brought, that there was a proper Reason, or an extraordinary Occasion for their being there at fuch Time) and be thereof convicted before such Authority, shall incur the Penalty of Three Shillings. Penalty for o'clock, on, &c. That the Conftables (or any other Person having a special Warrant froin Authority for that End) shall have Power, and they are each of them hereby impowered to enter into and fearch any Tavern or licenced House; and for Conftables, that End to require Assistance, and to break open any Lock or Door, as he &c. to search, shall judge there is Occasion; and shall command and cause any Inhabitant &c. or Person belonging to the Town where such House is, who shall be found there, contrary to this Act, to depart forthwith: And all fuch Perfons as shall refuse to depart on a Command fo given them, shall and may be arrested by such Constable, or Perfon having fuch special Warrant, and fafely kept till they can be brought before an Assutant or Justice of the Peace: And upon Conviction of the Breach of this Act, shall fuffer the Penalty of Sin Shillings. Hh Nor 242 No taverner to allow inha bitants to fit drinking in his house, &c. Tavern haunters to be posted, &c. Penalty on Taverns. Nor shall any Tavern-keeper suffer any Inhabitant of such Town where he dwells, or coming there from any other Town, to fit drinking or tipling in his or her House, or any of the Dependencies thereof, or to continue there above the space of one Hour at one Time, (Travellers, Persons upon Bufiness, or any extraordinary Occafions there, excepted) on the Penalty of Six Shillings for every such Offence such Tavern-keeper shall be guilty of. Be it further enacted by the Authority aforesaid, That when and fo often as the Authority, Select-men and Grand-jury-men in any Town, or where there is no Assistant or Justice living in any Town, the Select-men and Grandjurors shall understand that any Person in such Town is a Tavern-haunter, or spends his Time idly at any fuch House of Entertainment, they, or the major Part of them shall, at their Difcretion, cause the Names of fuch Tavernhaunters to be posted at the Doors of every Tavern in the fame Town, by setting up a Certificate under their Hands, forbidding every Tavern-keeper in fuch Town, on the Penalties contained in this Act, to entertain, or fuffer any such Person or Persons therein named, to have or drink any strong Liquor in, or about their Houses, until such Authority, Select-men and Grandjurors shall agree to take off fuch Prohibition. And that if any Tavern-keeper shall, after such Posting of any Person's Name, and Notice thereof given by any of the said Select-men or Grandtavern-keep- jurors, fuffer or permit any Person pofted as aforesaid, to drink any Rum, Wine, or other strong Liquor in or about his House, or in any of the Dependencies thereof, he shall pay as a Fine, the Sum of Three Pounds. And in cafe the Person or Persons warned as aforesaid, shall not after such Warning, leave off and forbear fuch their evil Practices, the Authority shall cause such Perfon or Persons to appear before them, and demand Surety for find sureties, their well-behaving therein, and in case such Perfon or Perfons shall not Tavernhaunters to &c. find Sureties as aforesaid, then he or they shall each one pay a Fine of Twenty Shillings, or fit in the Stocks for the Space of two Hours, on some public Time or Seafon. Be it further enacted by the Authority aforesaid, That the Constables and Grand-jurors in each Town shall, and they are hereby required carefully to inspect all Taverns or licenced Houses in such Town, and make due Presentment to the Civil Authority of all Persons who shall be found tranfgreffing this Act, or any Part thereof; and also warn all Tavern-keepers to observe this Act, and all other Laws respecting the Regulation of licenced Houses; and that they do not entertain any of the Inhabitants of the Town where they dwell, contrary to Law. And if the faid Officers shall find that such Tavern-keepers do not ob. serve the Laws aforesaid, nor keep due Order, then they shall make Presentment thereof to the next County Court in the County at their first sitting; and fuch Court shall cause the Person so presented forthwith to appear before them, to answer to fuch Presentment: And if upon Trial such Tavern-keeper be found guilty, the Court shall enter up Judginent for the forfeiture of the Bond given, or procured to be given by such Person, for his or her due observance of the Laws respecting Tavern-keepers, and for Costs: And fuch Ferson shall forthwith before faid Court, enter into a Bond of Twenty Pounds, in the Tenor of the former Bond, which shall allo be prosecuted in like Manner, in case of Forfeiture. And that whensoever in a Presentment made as aforefaid, it shall be inserted that the Person presented had been warned as aforesaid, by fuch Constable or Grand-jurors, fuch Presentment shall be sufficient Evidence thar such Warning was given: And the Officers making such Presentment shall be ordered by faid Court to attend the Trial, and be allowed to give Evidence for the Proof of the Disorders complained of; and shall by faid Court be allowed a meet Recompence for their Trouble and Charge. Be it further enacted by the Authority aforesaid, That it shall be the Duty of the |