248 Power to make rules & orders, &c. Proviso. Penalty for not observing town orders. To meet in December, annually. to be then chosen. i Towns and Town Officers. ved Inhabitants of every Town in this State, qualified and having Estate as is hereafter in this Act provided, shall have Power to make such Orders, Rules and Constitutions as may concern the Welfare of their Town. Provided they be not of a criminal but of a prudential Nature, and that their Penalties exceed not Twenty Shillings for one Offence, and that they be not repugnant to the Laws and Orders of this State. And if any Inhabitants shall neglect or refuse to observe, or shall any Way transgress the same, the Penalties appointed may be levied by Distress, granted by an Assistant or Justice of the Peace. That the said settled and approved Inhabitants, qualified as aforefaid, in each respective Town, shall sometime in the Month of December annually, meet and convene together, upon Notice given by the Select-men of each Town, or fuch others as they shall appoint for that Purpose; and being met, shall choose a convenient Number, not exceeding Seven of their Inbabitants, able, discreet and of good Conversation, to be Select-men or Townfmen, to take Care of and Order the prudential Affairs of their Town: And also shall nominate and choose a Town-Clerk or Register (who shall enter and record all Town Votes, Orders, Grants and Divisions of Lands made Town officers by such Town, and all other Matters and Things which by Law are, or shall be ordered to be entered and recorded in his Office), also a TownTreasurer, Conftables, Surveyors of High-ways, Fence-viewers, Lifters, such Number as they shall judge convenient, Collectors of Rates, Leather-fealers, Grand-jurors, Tything-men, Haywards, Chimney-viewers, Gaugers, Packers, Sealers of Weights and Measures, Key-keepers, and other ordinary Town Officers. Select men to fee they are fworn. Major part to determine. Penalty 265. on those who refuse, &cc. One assistant, &c. to hear, &c. Penalty on fuch as accept & neglect, &c Who qualified, who not, &c. And the Select-men of each Town, shall forthwith after such Choice, see that all those Officers of whom an Oath is by Law required, be summoned and sworn to the faithful discharge of their respective Offices and Trusts. And all Votes, Acts, and Orders in such Town-Meeting, shall be made by the major Part of the qualified Voters present in such Meeting; and being so made shall be deemed the Vote, Act, or Order of the Whole. That every Person and Persons being duly chosen as aforesaid, to ferve in any of the Offices aforesaid, who shall refuse to ferve therein, and to take the Oath (if any by Law be required) to that Office belonging, if he be able in Person to execute the fame, shall pay the Sum of Twenty-fix Shillings to the Treasurer of the Town whereto he or they belong; except fuch Perfon or Persons shall make it appear that he or they is or are oppreffed by such Choice, and that others are unjustly exempted. Any one Assistant or Juftice to hear and determine the fame. And every such Officer duly chosen by any Town, as aforesaid, having accepted (or not declared his Refusal to accept) the Office he is chosen to, and that shall neglect the Performance of the Trust committed to him, and being thereof duly convicted before any one Affistant or Justice of the Peace, shall be fined according to the demerit of the Cause, not exceeding Fifteen Shillings for one Offence. And whereas often Times Sojourners, Inmates, young and other unqualified Perfons presume to deal, vote and intermeddle with the public Affairs of the Towns where they live, and thereby disturb and interrupt the regular Proceeding in Town Meetings. Which to prevent Be it further enacted by the Authority aforesaid, That no Person that is not a lawful Inhabitant, a Housholder, and that hath not a freehold Estate rated in the common Lift at Fifty Shillings, or personal Estate rated in the faid Lift at Forty Pounds, besides his Person, and that is not of the Age of Twenty-one Years, shall be allowed to vote, act, deal or intermeddle in any Town-Meeting in the choice of Officers, granting of Rates, or any other ! Town Clerks. other Town Affairs: And if any Person or Persons not qualified as aforefaid, shall prefume to vote, act, deal or intermeddle as aforesaid, contrary to this Act, every such Offender shall forfeit the Sum of Fifteen Shillings for every fuch Offence: To be levied by Distress and Sale of the Offender's Goods. Provided always, That no Freeman of this State shall by this Act, be debarred or hindred from voting in any Town-Meeting of that Town whereto Provifo. he belongs; any Thing contained in this Act to the contrary notwithstanding. 249 Precincts to Be it further enacted by the Authority aforesaid, That where there are any Precincts or Peculiars, so called, they shall in all Refpects whatsoever, which have Reference to State, Minifters, or other Rates, be in be rated, &c. the fame Circumstances, and liable to the like Assessments, and under the Power of the fame Officers which the Towns are, where faid Peculiars are by Law ordered to be rated. And be it further enacted by the Authority aforesaid, That the Town-Clerks for the Time being be, and they are hereby fully authorized and impowered, in such Towns wherein there is no Assistant or Justice of the Peace refident, from Time to Time to administer the Oaths that by Law are provided for that End, unto the respective Officers of fuch Towns, that by Law ought to be sworn to the faithful Discharge of their faid Offices. And that Town Clerks being chosen and once sworn, shall continue in their Office until other Persons are chofen and fworn in their Roorn. And that upon the Refusal, Death, or Removal of any Town-Clerk, or other ordinary Town Officer in any Town in this State, such Town may affemble together and chuse a-new to fill up fuch vacant Place. And be it further enacted by the Authority aforesaid, That the Town-Clerks in each of the respective Towns in this State, shall annually, in May, send to the Treasurer of the State, the Names of the Persons in their respective Towns, who are chosen Conftable to gather the State Rate. And if any Town Clerk shall neglect his Duty herein, he shall pay a Fine of Twenty Shillings; one Half thereof to the Complainer, who shall profecute to Effect, and the other Half to the Treasurer of the Town wherein fuch Clerk dwells. E Town Clerks to administer oaths, in cafe. To continue in office, &a Officer removed new to be chofen Town Clerks to transmit annually, &c names of col lectors, &c. Penalty for neglect 208. deaths An Act concerning Town Clerks Office and Duty. R it enalted by the Governor, Council and Representatives, in General Court by the Authority of the fame, That the Town Clerk or Regifter of every Town in this State, shall record all Marriages, Births and Town Clerks Deaths of Perfons in their Towns; and that all Parents, Masters, Execu- to record tors, and Administrators respectively, shall bring in to the Regifter of the marriages, Town to which they belong, the Names of fuch Persons belonging to them &c. as either shall be born or die: And also every new married Man shall bring the Time of his Marriage sufficiently proved, either by Certificate from him that married them, or by other legal Proof, to the Register within one Month after such Birth, Death or Marriage; and every Perfon neglecting hall forfeit Four Shillings; and for every Month after the faid first Month, Four Shillings a Month wherein it is neglected. And the Registers of every Town shall, as far as they can come at, give in an Account of all fuch Neglects to the Grand-jury, who shall make Presentment thereof to the next Assistant or Justice of the Peace in the County; which Forfeitures shall be paid to the Town Treafurer. And give an account to grand-jurors of neglects, &c. Be it further enacted by the Authority aforesaid, That there shall be a fuitable Book or Books for registring kept in each Town in this State, Suitable with an Index or Alphabet to the fame, containing the Names of the books to be Grantors and Grantees, and alfo of the Grantees and Grantors in alphabe- provided, &c. Fi tical = 250 Grantor re- knowledge, &c. grantee Provifo. Deeds, &c. And acknow- Otherwise Town clerks No deed va lid except a gainst gran tor, &c. un-, less recorded. Town Clerks. tical Order; in which Book or Books the Town Clerk or Register shall record every Man's House, and Lands granted and measured out to him, with the Bounds and Quantities of the fame, and date the Time of his entring all such Records. And if any Grantor being required by the Grantee, his Heirs or Assigns, to make Acknowledgment of any Grant, Sale, Mortgage, or Bargain by him made, and shall refuse so to do, the Grantee, or his Heirs may enter Caution with the Recorder upon such Housing and Lands as are to him granted, bargained, fold, or mortgaged, which Caution shall fecure the Interest of the Grantee till a legal Trial hath passed unto a final Issue according to Law: And the Judgment of the Court being delivered to the Recorder, under the Clerk of the Court's Hand where the Cafe was tried, shall be his Warrant to record the faid Grant, although the Grantor shall refuse to acknowledge the same: And a Copy of the fame under the Hand of the Register or Town Clerk, and an Assistant, or Commiffioner, or Justice of Peace, and one of the Select-men, shall be a fufficient and legal Evidence to all and every Person and Persons that shall have the fame, to all Intents, Ends and Purposes for the holding of the fame firm to him, his Heirs and Affigns forever. Always provided, That no Register shall record any Lands to any Perfon except he hold the fame in his own Right, and make it appear to the Clerk or Regifter, that he hath clear Right to those Lands by sufficient Testimony, quiet Possession, Deed of Gift, or Acknowledgment of the Grantor before the faid Register. And to prevent Inconveniencies and unnecessary Trouble that may ensue by unwritten Grants, Bargains, Sales, or Mortgages: Be it further enacted by the Authority aforesaid, That after the first of May, One Thousand fix Hundred and Sixty-one, all Grants, Bargains, Sales, and Mortgages made of Houses and Lands shall be in Writing and subscribed by the Grantor, with his own Hand or Mark, unto which Mark his Name shall be annexed, and also attested by two Witnesses, with their own Hands or Marks, unto which Marks their Names shall be annexed. And after the first of September, One Thousand fix Hundred and Seventythree, all Grants and Deeds made of Houses and Lands shall be acknowledged before an Assistant, or Commiffioner, or Justice of the Peace. And that no Grant after the Time aforesaid, shall be accounted compleated according to Law, but such as are written, subscribed, witnessed and acknowledged as aforesaid: And all fuch Grants shall be recorded according to Law. And the Town Clerk or Register in each Town in this State, shall keep the Town Book or Books of their respective Towns; and shall truly enter in the faid Book or Books all Votes of the said Town, Grants of Land, Choice of Town Officers, and other Town Acts and Matters upon his Oath (except when neceffarily absent) and shall grant all Copies of the fame as need shall require, for reasonable Satisfaction. And be it further enacted by the Authority aforesaid, That no Grant or Deed of Bargain, Sale or Mortgage made of any Houses or Lands within this State, from and after the first Day of March, One Thousand Seven Hundred and Nine, shall be accounted good and effectual in Law to hold fuch Houses and Lands against any other Person or Perfons whatfoever but the Grantor or Grantors, and their Heirs only; unless the Grant, Deed or Deeds thereof be recorded at length in the Records of the Town where fuch Houses and Lands do lie. And the Town Clerk or Regifter in every Town in this State, shall on To bear date the Receipt of any Grant, Deed, Conveyance or Mortgage of any House or Land brought to him to record, note thereupon the Day, Month and Year when he received the fame, and the Record shall bear the fame Date. And the day of receipt. Treafon. Treasurers. And it is further enalted by the Authority aforesaid, That if any Town An Act for the punishment of High-Treason, and other E it Baffembled, and 251 Said day of receipt to be noted, on penalty of 51. for neglect: enacted by the Governor, Council and Representatives, in General Court by the Authority of the fame, That if any Person or Perfons belonging to, or refiding within this State, and under the protection Treafon defi of its Laws, shall levy War against the State or Government thereof, or ned. knowingly and willingly shall aid or assist any Enemies at open War against this State, or the United States of America; by joining their Armies, or by inlifting or procuring or pursuading others to enlift for that Purpose, or by furnishing Enemies with Arms or Ammunition, Provision, or any other Articles for fuch their Aid or Comfort, or by carrying on a treasonable and treacherous Correspondence with them, or shall form or be any ways concerned in forming any Combination, Plot, or Conspiracy for betraying Punishment this State, or the United States, into the Hands or Power of any foreign death. Enemy, or shall give or attempt to give or fend any Intelligence to the Enemies of this State for faid Purpose; every Person so offending, and being thereof convicted, shall suffer Death. L &c. : And be it further enacted by the Authority aforesaid, That if any Perfon or Persons shall endeavour to join the Ehemies of this State, of the United States, or use their Influence to perfuade or induce any Perfon or Perfons Mifprifion of to join, aid, comfort or assist them in any Way or Manner whatsoever, or shall have Knowledge of any Person or Perfons endeavouring or using their Influence aforesaid, and shall conceal the same; shall be punished by Fine, according to the Nature of his Offence, and shall be imprisoned How punishat the Judgment of the Superior Court, in any of the Gaols in this State, ed. not exceeding ten Years. Be it further enalted, That no Person accused of any of the Crimes afore- An Act for regulating and ordering the public Trea- BE it enacted by the Governor, Council and Representatives, in General Court Not bailable unless by the court that hath jurifdiction of the caufe. Treasurers to pay out no out proper monies with orders. That the Treasurer of this State for the Time being, shall deliver or pay sio Money belonging to the State Treasury, to any Person or Perfons, without Order, under the Hands of two Assistants, or Justices of the Peace, if What orders the Sum be above Forty Shillings; and if the Sum be under Forly Shillings, are proper. then the Treasurer may accept of an Order for Payment thereof under the Hand of any one Assistant or Justice of the Peace. Always 252 Proviso. Gen. court to draw orders Treafurers. Always provided, That the Affsistants or Justices that grant Bills or Orders as aforesaid, do infert the Particulars for which the Money mentioned in such Bills or Orders, is due and to be paid. That the State Treasurer shall pay out of the public Treasury such Sum and Sums as the General Court shall appoint, and order him to pay from on State trea- Time to Time, so far as he hath of the public Treasury under his Comfury. mand to do the same. State treafu And the faid State Treasurer shall, and he is hereby impowered and required, at all Times as the Cause requires, to issue forth his Warrants to the Sheriff or Constable, for the levying of all Fines and Forfeitures as shall collect fines, be due from any Person or Perfons, to the public Treasury of this State. rer to grant warrants to &c. Receipts when to be given. Accounts for fervices, &c. done for the State, to be given, &c. No bill allowed, &c. with out certifi. cate, &c. State treasu That upon all Payments inade of any of the State's Debts by the State Treasurer, or by any Constable or other Officer appointed to do the fame, the faid Treasurer, Constable, and other Officer shall take Receipts of the Persons to whom such Payments are made, for the Sums paid to them. And that when any Person is impressed, or has any Thing impressed from him for the Service of the State, or is called to any Service in the fame, he shall within the Space of ten Days next after the Service done, or Thing impressed from him, apply himself to the Authority by whose Warrant such Impressment was made, or to the Officer who impressed such Thing, for a Certificate under his Hand, (who are hereby required upon fuch Application, forthwith to grant fuch Certificate) therein signifying the Service so done, the Time spent therein, and the true Value, as near as may be, of whatsoever was impressed from such Person, as aforesaid. And no Person shall be allowed any Bill upon the State Treasurer, for any Service done, or for any Thing impressed from him for the public Service as aforesaid, without producing such Certificate, obtained within the Limitation above prescribed. And the State Treasurer shall render his Accompt, according to such rer to account Order, and at such Time as the General Court shall appoint. &c. County treafurer to issue warrants for fines due to the county. All fines to be levied annually. Town treafusers to receive monies due to towns. Toapply, &c. for fines, &c. Be it further enacted by the Authority aforesaid, That each respective County Treasurer in this State, shall be and is hereby impowered and required, when and so often as Need shall require, to issue forth his Warrant under his Hands, directed to the Sheriff or Constable, for levying all Fines and Forfeitures that are or shall be due to the Treasury of the County whereto he belongs, from any Perfon or Perfons whatsoever; and shall render his Account to the Judges of the County Court when he shall be thereto required by faid Court. That the State and County Treasurers shall send forth their Warrant for the levying all such Fines and Forfeitures whereof they shall have Cognizance, within the Space of one Year after they shall be imposed by the Court, on the Penalty of forfeiting the Sum of Forty Shillings, to the Ufe of such Treasury for each Neglect. And be it further enacted by the Authority aforesaid, That the respective Town Treasurers in the respective Towns in this State, shall have Power to receive all such Monies as shall become due unto the respective Towns to which they belong, either by Rates, Fines, Affefsments or otherwise : And fuch Town Treasurers shall pay and deliver out alt such Monies as fhall be in their Hands, according to the Order of such Towns, or the Select-meri thereof, from Time to Time, keeping a just Accompt of fuch Receipts and Deliveries, and shall account with the Town or Selectmen at least once a Year. And it shall be the Duty of every Town Treasurer to apply himself to the Civil Authority in the respective Towns, for an Account of all fuch Fines and Forfeitures as shall be recovered by Judgment before such Authority,. belonging to the Treasury of the Town where fuch Judgment is given, at least within one Year after Judgment given, and receive the said Fines and Forfeitures for the Use of faid Town. 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