258 Perfons re moving timber, &c. without leave, to forfeit the va The. for Vexatious Suits. Vice. aforesaid, attempt to remove the fame; or without first paying reasonable Damages, and faid Sum for recording as aforesaid; fuch Person or Perfons so offending, shall forfeit and pay to the Owner or Poffeffor of fuch Lands or Meadows, the Value of such Timber, Logs, Staves or Shingles so attempted to be removed; to be recovered by Bill, Plaint or Information. An Act for preventing and punishing vexatious Law Suits. BE it enacted by the Governor, Council, and Representatives, in General Court affembled, and by the Authority of the fame, That whensoever any Plaintiff Penaltatious shall wittingly and willingly wrong any Defendant, by commencing and prosecuting any Action, Suit, Complaint or Indictment in his own Name, or in the Name of others, with Intent unjustly to vex and trouble fuch Desendant, such Plaintiff being legally convicted thereof, shall pay treble Damages to the Party grieved, and be fined the Sum of Forty Shillings, to the Treasurer of the County. fuits, and to pay treble damages. Third offence And for the third Offence in that Kind, he shall be judged and proceeded how punish- against as a Common Barrator. ed. Preamble. An Act for the more effectual putting in Execution the Laws against Vice, Immorality and Profaneness, and for promoting Christian Knowledge. WHERE AS putting in Execution the good and wholesome Laws, made for restraining, punishing and suppreffing profane, immoral and irreligious Practices in this State, and promoting Christian Knowledge, will greatly tend to the honor of Religion, the Peace and good Order of buman Society, and to suppress Vice and Wickedness : Therefore, that the fame may be more generally and effectually done; BE it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That all Judges and Jus civil authori- tices of the Peace in the respective Counties in this State, be, and they are Duty of the ty herein. Of the select men. Housholders to have bibles hereby required to be diligent and careful in putting in Execution all fuch Laws and Acts as are or shall be made in this State, for the punishing, restraining or fuppreffing any Profaneness, Immorality, or irreligious Practices or Disorders, that thereby the good Ends proposed in such Acts and Laws may be attained. That the Select-men from Time to Time, shall make diligent Enquiry of all Housholders within their respective Towns, how they are furnished with Bibles; and if upon such Enquiry any Housholder be found without one Bible at least, then the Select-men shall warn the said Housholder forthin their fami- with to procure one Bible at least, for the Use and Benefit of their Families lies; for neglect, how dealt with, &c. And with catechisms, &c. Conftables, respectively: And if the same be neglected, then the faid Select-men hall make Return thereof to the next Authority, who may deal with such Houfholder's Family according to the directions of the Law relating to the educating and governing of Children. And all fuch Families as are numerous, and whose Circumstances will allow thereof, shall be supplied with Bibles according to the Number of Persons of Capacity to use the fame in such Families, and with a fuitable Number of Orthodox Catechisms, and other good Books of practical Godliness, and the like. That the Constables, Grand-jury-men and Tithing-men in the respective &c. to make Towns in this State, shall, and they are hereby required to make diligent Presentment, Search after, and Presentment make of all the Breaches of the Laws which relate to their Office or Offices respectively. &c. And And the Conftables and Grand-jury-men in the respective Towns shall, Be it further enacted by the Authority aforesaid, That the Justices of the Peace, • Grand-jurors, Constables and Tithing-men in the respective Towns in this State, shall annually meet in the respective Towns to which they belong, on the first Monday of January, and on the third Monday in June, at the Place where their annual Town-Meetings are held, or at some other Place by them appointed, there to advise, confider, and use their joint Interest in suppressing Profaneness, Vice, and Immorality; and for the due Execution of all the Laws of this State, to which their respective Offices have Relation. And be it further enacted by the Authority aforesaid, That the Town-Clerk of each respective Town in this State, at the opening of the public TownMeeting for electing Town-Officers in December annually, if present, and in his Abfence the Select-men for the Time being, who shall be present, shall read, or cause to be read this Act, and every Paragraph thereof publicly in this Meeting. And if such Clerk, being present, or such Select-men present in the Clerk's Absence, shall neglect or refuse publicly to read, or cause to be read this Act; then the faid Clerk or Select-men in refusing or neglecting, shall forfeit and pay the Sum of Twenty Shillings; one Half to the Complainer, who fhall profecute to Effect, and the other Half to the Town-Treasury. And the Constables and Grand-jury-men are directed to inquire after, and due Presentment make of all Breaches of this Act, to some Assistant or Justice of the Peace; who are hereby impowered to hear and determine the fame. An Act for enabling the United States of America, to : E it enacted by the Governor, Council and Representatives, in General Court Braisembled, and by the Authority of the same, That it shall and may be law men. ful for the United States of America, to sue, commence, and prosecute any Civil authority, &c. to meet annually on the first January, and Monday of third Monday of April, to advise, &c. And be it further enacted by the Authority aforesaid, That it shall be the Duty of the State Attornies, and other Informing Officers in this State, to make Presentment of all Frauds and other Crimes committed against the United States, within their respective Precincts, which shall be profecuted and punished in the same Manner as if committed against this State. This act to be read anndally in town. meeting in December. Conftables & make pregrand-jury to fentment. The united powered to ftates imrecover their debts. Informing officers to lentment of make prefrauds. And be it further Enacted, That every Commiffioner or Auditor, appoin- Auditors im ted by the United States in Congress affembled, or under their Authority, powered to to fettle any of the public Accounts, shall have full Power to call Wit- examine wit neffes before them in this State, and examine them under Oath or Affirma- neffes under tion, touching any fuch Accounts as are respectively assigned to them for oath. Settlement, and if any Perfon duly fummoned, shall neglect to appear and be examined as aforesaid, he shall be liable to the fame Pains and Penalties as for neglecting to appear before any Court in this State. Kk2 An 1 260 Ufury. An Act for restraining the taking excessive Ufury. E it enacted by the Governor, Council and Representatives, in General Court the Authority of the fame, That no Perfon or Perfons six per cent. whatsoever, upon any Contract made, shall take, directly or indirectly for lawful intereft for monies loaned. All bonds &c. forfeited when more is taken. Penalty for taking unlaws ful interest, forfeiture of loan of any Monies, Wares, Merchandizes, or other Commodities whatsoever, above the Value of Six Pounds, for the Forbearance of One Hundred Pounds, for a Year; and so after that Rate for a greater or lesser Sum, or for a longer or shorter Time. And that all Bonds, Contracts, Mortgages and Assurances whatsoever, made for the Payment of any Principal, or Money lent, or covenanted to be lent upon, or for Ufury, whereupon or whereby there shall be reserved or taken above the Rate of Six Pounds in the Hundred, as aforesaid, shall be utterly void. And all and every Person and Persons whatsoever, who shall take, accept, and receive by way or means of any corrupt Bargain, Loan, Exchange, or by covine, or deceitful Conveyance, or by any other Way or Means whatsoever, for the Forbearance, or giving Day of Payment for one whole Year, of and for their Money, or other Thing or Things above the Sum of Six Pounds for the Forbearance of One Hundred Pounds for a Year; and fo the value, &c. after that Rate for a greater or lessfer Sum, or for a longer or shorter Time, shall forfeit and lose for every such Offence, the full Value of the Goods and Monies or other Thing so lent, exchanged, bargained, fold or agreed for; one Moiety thereof to the public Treasury of this State, the other Moiety to the Informer who shall fue for and profecute the fame to Effect. And whereas many Persons, not contenting themselves with just and reasonaable Gains, or Interest for Goods fold or Money lent, do use many fubtil and clandestine Methods to oppress their poor Debtors, by inducing and compelling them to give great and unlawful Sums for Forbearance, and to effect the same, take Advantage of the Distress and Poverty of thier Debtors to induce them to conceal from Witnesses the real Confideration of the Securities given. For preventing of which, Be it enacted by the Authority aforesaid, That the Grand-Jurors in their respective Precincts, shall make Enquiry after all Perfons that are of evil Name and Fame for oppreffing their poor Debtors or Borrowers, or of taking excessive Interest for Forbearance, and shall present such Person or Grand-jurors Persons to the next Assistant or Justice of the Peace, as being guilty of faid to enquire and present. • Refusing to give bond, to be committed, &c.. One witness fufficient. Crimes; and if thereupon such Person or Perfons shall not fatisfy the Authority before whom he or they are brought to be examined, that he or they are not guilty, fuch Authority may bind over such. Person or Perfons, with two good Sureties, in a Recognizance, not exceeding the Sum of One Hundred Pounds lawful Money, to appear at the next County Court in that County where he or they dwell, to answer to faid Presentment, and abide the Judgment of the Court thereon. And if fuch Person or Persons refuse to become bound as aforesaid, the faid Authority shall commit him or them to the common Goal in faid County, there to remain till he or they conform themselves and become bound as aforesaid. And if upon Trial before the Court, one credible Witness shall come and depose against such Person or Persons, that he or they have taken exceffive Interest or Security therefor, or otherwise have oppreffed their poor Debtors or Borrowers, fetting forth the Fact before the Court, it shall be lawful for the Court to bind fuch Perfon or Persons, with Sureties, in a Recognizance not exceeding the Sum of One Hundred Pounds lawful Money, to his or their good Behaviour; and that he or they shall offend no more in the like Kind, for fuch Time as the Court shall judge meet. And if fuch Perfon or Persons shall offend again in like manner, while he or Weights, &c. or they are under such Recognizance, to be proved against him or them by one credible Witness, such Persons shall be adjudged to have forfeited their Recognizance; unless such Persons shall be acquitted by a Jury of twelve lawful Men of the Neighbourhood, declaring upon their Oaths, that they believe he or they are not guilty: Which Jury he or they, at his or their Request, and at his or their own Charge, may have the Liberty of. 261 For second offence bond forfeited, And in Cafe Judgment shall be given against such Perfon or Perfons, Count the Court may at Difcretion chancer down the Recognizance, more or less according to the Aggravation of the Offence. Court may chance cer down the bond. Bill in equity may be filed fecond day of the courts fitting. And be it further Enacted, That in any Action brought on any Bond, Bill, Mortgage, or other Inftrument whatsoever, it shall be lawful for the Defendant in such Action, to inform the Court before which faid Action is brought, by filing his Complaint with the Clerk of such Court, on the fecond Day of the Court's fitting, that the Mortgage, Bond, or other Instrument on which the Action is brought, is ufurious and oppressive, and was given for no just or reasonable Confideration; and then in such Cafe the Court is directed and impowered to proceed in searching out the Truth of such Complaint, as a Court of Chancery or Equity, by examining the Parties upon Oath, or in any other Way proper to a Court of Equity: And Parties to be if the Plaintiff shall refuse to be examined upon Oath, his Action shall be examined on Nonfuit, and the Court shall give Judgment for the Defendant to recover his Coft. And if upon Trial the Court shall find such Mortgage, Bond or Note, &c. to be ufurious or oppressive, and for which the Defendant had no reafonable Confideration, they shall adjust the same in Equity, and give Judgment that the Plaintiff recover no more than the just Value of the Goods fold, &c. or than the principal Sum which the Defendant received of the Plaintiff, without Interest, or any Advance thereupon. 3 And be it further enacted by the Authority aforesaid, That if the Defendant in any Action founded on Contract, depending before an Afsistant or Justice of the Peace, shall file his Bill complaining that faid Contract is Ufurious, such Affiftant or Jastice shall enquire into, and adjust the fame in Equity, and render Judgment therein according to the Rules and Directions in this Act prescribed for other Courts. oath. And if the fecurityis found ufurious to be chancered down in equi tyto the prin cipal without interest. The provisi ons of this act extended to cafes before an assistant or justices court. Always provided, That nothing in this Act be conftrued to prevent any Persons from proceeding upon full Evidence in the common Course of Law Proviso: against excessive Ufury, and ufurious Contracts, either in Defending or Recovering thereon, as in the first Paragraph of this Act is provided. An Act for due Regulation of Weights and Measures. BE it enacted by the Governor, Council and Representatives, in General Court the to have standards. To be provi County within this State, shall at the proper Cost and Charge of the said County, provide, as there shall be Occafion, and cortinually keep and preferve in good Order, good and sufficient Weights and Measures as Standards for the faid Counties: The Half Bushel to be Brass or Copper; which ded by the Weights and Measures shall be tried and fealed by the State Standards of treasurer. Weights and Meafures, and shall be kept in the respective County Towns for the Use of the County, upon whose Cost they were procured. And if any or either of the County Treasurers shall not procure and keep the Weights and Measures as abovesaid, and have the same tried and sealed as aforesaid, he Thall pay a Fine of Five Pounds; one Moiety whereof shall Penalty for be to the Constable of the County Town that shall complain, and the Remainder to the County Treasury. And the Constables in the County Towns shall enquire whether the faid Weights and Measures be provided and fealed as abovesaid; and upon Default fault of any or either of the said Treasurers, the faid Conftables shall present Conftables to them to the next Superior Court in that County, who shall cause the faid make enqui- Fine to be levied upon the Treasurer so neglecting; unless he shall fatisfy the faid Court that there are Weights and Measures provided and fealed as abovesaid, within the County Town for the Ufe of the County in which he serveth as Treasurer. ry. Select-men to provide weights and meafures. That the Select-men in every Town within this State, shall provide, as there shall be Occasion, at the Charge and Cost of faid Towns, good Weights and Meatures, to be preserved and kept in good Order, as Standards for faid Towns; which Weights and Measures shall be tried and fealed by the County Standards. And the Constables in every Town shall make Enquiry into all Breaches of this Act; and if upon Enquiry, the faid Constables shall find the SelectConftables to men have not procured Weights and Measures as abovefaid, that then the make prefentment of all breaches of this act. Weights, &c. of particular perfons to be tried. Conftable or Constables shall make Complaint thereof to the next Affiftant or Justice of the Peace: Upon which Complaint the faid Assistant or Juftice shall summon before him the Select-men so neglecting, and if they shall not fatisfy faid Authority that they have provided Weights and Measures as aforesaid, and that they then have the fame in such Town, the faid Authority shall impose a Fine of Forty Shillings on such Select-men; one Half to the Conftable complaining, and the other Half to the Town Treasury : To be levied by distress and sale of their Goods according to Law. And all Weights and Measures improved or used by any particular Persons in any Town, shall be tried by the Town Standards where they dwell: And whosoever shall make Use of any Weights or Meafures that are not proved and tried by the Standards in their respective Towns, shall forfeit the Sum of Five Shillings for every fuch Offence committed; to the Ufe of the Treasury of fuch Town. That the Inhabitants of each Town in this State, shall choofe one of Sealers to be their able and difcreet Inhabitants, to be a Sealer of Weights, and one to chosen and fworn. Weights, &c. to be sealed once a year. False weights &c. to be destroyed. All weights, &c. to be brouhgt to the sealers in April annually. Penalty on fealers for neglect. Provifo. be a Sealer of Measures for their Town; who shall take the Oath appointed for fuch Officers: And no Weight or Measure shall be accounted good and legal that is not fealed and approved by said Sealers. That the Sealers of Weights and Measures in the respective Towns shall, once in every Year, seal the several Weights and Measures that are used in their Town. And all such Weights and Measures as cannot be brought to be equal with the just Standard, the faid Sealer shall deface or destroy. And that it is and shall be in the Power of every Sealer aforefaid, fome Time in the Month of April yearly, to appoint a Time and Place where he will try the Weights and Measures; and to give public Notice thereof to the Inhabitants of their respective Towns, to bring their Weights and Measures to be tried : And whosoever shall neglect to bring his Weights and Measures to be tried at the Time prefixed by the Sealer, being thereunto warned, he shall forfeit the Sum of Three Shillings; one Half to the Sealer, and the other Half to the Town Treasury; which the Sealer shall have Power to recover from Time to Time. And every Sealer that shall neglect his Duty required in, and by this Act, shall forfeit the Sum of Thirty Shillings for every such Default to the County Treasury. Provided nevertheless, That nothing in the foregoing Act shall be construed or understood to interfere with any Regulation that shall or may be made, relative to fixing the Standard of Weights and Measures, by the Congress of the United States, agreeable to the Powers vested in them by the ninth Article of Confederation. An |