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النشر الإلكتروني

78

Warrants to issue in one year.

Fees, Fines,

Fisheries.

And the Warrants or Distresses for levying of all Fines and Penalties, shall be sent out within one Year after the Conviction of the Delinquent.

That all Fees paid for Trial of any Matter or Cause in the General Court, and in the Superior Court, (the Secretary's and Clerk's Fees excepted) and all Fines, Forfeitures, and Penalties imposed on any Perfon or Persons by either of the said Courts, for any Matter of Delinquency, shall state treasury. be, and belong to the State Treasury, for the defraying the public Charges of the State.

&c. in the fup. court, belong to the

In the county court, to the

county treafury.

Before juftices court, to the town treasury.

Unless otherwise specially ordered.

Vessels and

men employ

ed in whalefishery, exempt from taxes, &c.

Towns enabled to regulate clams and oysters.

No obstructions to be set

And all Fees paid for the Trial of any Matter or Cause in the respective County Courts in this State, (the Clerk's Fees excepted) and all Forfeitures, Fines, and Penalties imposed on any Person or Perfons for any Matter of Delinquency by any of the said County Courts, shall be, and belong to the Treasuries of the said feveral County Courts, to defray the Charges of the County Courts, and other County Charge.

And all fuch Fines, Forfeitures, and Penalties as shall by the Judgment of any Afsistant, or Justice of the Peace, be imposed on any Person or Perfons for any Matter of Delinquency, shall be and belong to the Treafury of the Town where such Judgment is given.

Always provided, That where any such Fines, Forfeitures, or Penalties are or shall be otherwise ordered by any express Law of the State, they shall be disposed of according to the Order of fuch Law; any Thing before in this Act to the contrary notwithstanding.

An Act for encouraging and regulating Fisheries.

BE

E it enacted by the Governor, Council, and Representatives, in General Court affembled, and by the Authority of the same, That all Veffels owned in th's State, and employed in either the Whale or Cod Fisheries, for the Term of four Months in a Year, shall be exempted from being fet in the publie List, and freed from Taxes in each Year wherein they shall be so employed in either of faid Fisheries: And all Inhabitants of this State, who shall be employed four Months in a Year, on Board any Vessels in said Fisheries, and owned in this State, shali be exempted from having their Heads fet in the List in each Year wherein they shall be so employed in said Business; and shall also be exempted from working at High-ways, during each Year in which they shall be so employed.

And be it further enacted by the Authority aforesaid, That any Town in this State shall have Authority, in Town Meeting, to make Rules and Ordinances for regulating the Fisheries of Clams and Oysters, within their respective Limits, or the Waters and Flats to them adjoining and belonging, and for Preservation of the same; and to impose such Penalties as shall be thought proper by such Towns, for the Breach of fuch Rules and Ordinances. Provided, That no fuch Penalty shall exceed the Sum of Five Pounds, lawful Money.

And be it further enafted by the Authority aforesaid, That no Wares, Hedges, Fish-Garths or other Obstructions or Incumbrances, shall be fet, erected or made, on or a-cross Quinabaug-River, Shetucket-River, Windfor-Ferryin rivers, &c. River, Oufatannick River, Selden's-Cove or the Eight-Mile-River in Lyme, nor on or a-cross any of the Streams that empty themselves into any of the faid Rivers; or on or a-cross Sumner's-Creek in Middletown, to the stopping or obstructing the natural or usual Course and Paffage of Fish in their Seasons, in or up any of the said Rivers, Streams, Coves or Creeks; and whoever shall be guilty of making or erecting any such Obstruction in any of the Rivers, Streams, Creeks or Coves aforesaid, whereby the natural

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natural and usual Passage of the Fish in the Spring, or proper Seasons of
the Year, is disturbed or prevented; on Conviction thereof before the
County Court, shall pay a Fine of Ten Pounds, to any Person who shall
fue for, and profecute the fame to Effect; and the said Court may order such
Obstruction to be removed at the Cost of the Person or Persons who erected
the fame. And the same shall be deemed a common Nusance, and any
Person may remove the same as such.

Provided, That no Person shall remove any Mill-Dam, until the same
hath been adjudged to be a Nusance, and ordered to be removed by the
Superior or County Court.

That no Person shall keep up any Dam or Dams on Paucatuck-River, within this State, without leaving an open free Passage for the Fish through each Dam, at least fifteen Feet wide, from the Bottom, and keep the fame open during the Months of March, April and May, in each Year: Nor shall any Person in the aforesaid Months, erect or keep up any Ware in faid River, on Penalty of forfeiting Five Pounds, to any Person who shall fue for and recover the same.

Proviso

79

Open paffa

ges to be left
in dams on
Paucatuck-
river, &c.

Freeholders

And the Inhabitants of the Town of Stonington, are hereby authorized
to choose three Freeholders at their annual Town-Meetings, who shall have
Liberty to inspect the Dams or Wares that are or shall be erected or made appointed to
a-cross said Paucatuck-River, and shall have Power to open faid Dams or infpect, &c.
Wares fifteen Feet wide, during said three Months, in each Year ; any
Thing before in this Act to the contrary notwithstanding.

And whereas the continual Interruption of the Course and Passage of the Fish
up the Rivers, by the daily drawing of Seins and other Fish-Craft, tends to pre-
vent their Increase, and occasions a great Mispence of Time, and also prevents
the People who live near the different Parts of Such Rivers from sharing the
Benefits of the Fisheries, so equally as they might otherwise do; -To the Injury
of the Public.

Be it further enacted by the Authority aforesaid, That no Person or Persons
shall draw any Sein or other Fish-Craft, in any of the Rivers before men- No seins, &c.
tioned in this Act, except between the setting of the Sun on Monday E- to be drawn,
vening, and the Sun's rising on Saturday Morning, in each Week in the except, &c.
Months of April, May and June, annually, on Penalty of forfeiting Ten
Pounds for the Use of him who shall fue for, and profecute the fame to

Effect.

That where any Person or Persons have been at the Expence of clearing
any Fishing-Place or Places in Ousatunnick-River, between the Mouth Persons
thereof and Leavenworth's-Ferry, and have constantly used the same for clearing fish.
taking Fish in the Seasons thereof; he or they shall be established in the ing places, &c
full, free and peaceable Enjoyment thereof, so long as they continue con- blished there.
stantly to use the fame, in the Seafons, and for the Purposes aforesaid, and in, &c.
not be liable to any Action for Damage, below high-water Mark.

to be efta

That no Person shall use any Bush-Sein in said Oufatunnick-River, or in
any way obstruct, incumber, or impede the drawing of Seins or taking
of Fish in any of the Fishing-Places cleared as aforesaid, either by felling Not to ob-
Trees, or sinking Logs, or other Incumbrances therein, or in any other struct, &c.
Manner whatsoever, on Penalty of Twenty Pounds for every such Offence;
one Half to the Person who shall fue for, and profecute the fame to Effect, and
the other Half to the Treasury of the County where the Conviction is had.
And whereas the obstructing of the Passage of the Fish into Connecticut-
River, is a public Damage :

Be it enacted by the Authority aforesaid, That no Person shall set or draw
any Sein for the Purpose of catching Fish, between the fifteenth Day of Set times for
March, and the fifteenth Day of June, in any Year, South of an East and fishing, &c.
West Line from Say-Brook Fort, so called, within one Mile and an Half
East and West, on each Side of the Mouth of faid River, except in the

Coves

:

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Coves called and known by the Name of Lynde's-Cove, and Griswold'sCove, and except the Proprietors of the Lands on each Side of faid River, known by the Name of Eastern-Point, and Lynde's-Point, who shall have

Except, &c. exclusive Right to draw or use two Seins, at Difcretion, within the aforesaid Limits, in the Waters adjoining their own Lands, from Monday Morning at Sun-rife until Sun-fet on Friday Evening, in each Week, and no more, and neither of faid Seins shall be of greater Length than Twenty-five Rods. And every Person that shall be convicted of any Breach of this Paragraph of this Act, shall pay a Fine of Ten Pounds; one Half to the Prosecutor, and the other Half to the Treasury of the County; and shall also forfeit the Sein, Ropes, and other Utenfils used for catching Fish contrary to this

Persons first making wares on flats

not to be interrupted, &c.

Selden's

Ashery, &c.

Informing officers to present, &c.

made to an

entry, &c.

Act.

That whoever shall first make a Ware for catching Fish on any Flats, of or within any River, Cove, Creek or Harbour within this State, shall not be interrupted by any other's setting or making a Ware on the fame Flat; or in the Way or Course of the Fish coming or paffing to the faid Ware first built, nearer than three-quarters of a Mile, without Liberty from the County Court; and the Ware so set up contrary to this Act, shall be a common Nufance, and any Person may remove the fame as such.

That no Person shall fet or draw any Sein, or otherwise obstruct the Course of the Fish, into or up Selden's-Creek in Lyme, within forty Rods Eaftward of the Mouth of faid Creek, on the Great River, or within fixty Rods within said Creek, or at any Place below the Homock, on Penalty of forfeiting Ten Pounds to the Prosecutor. Provided nevertheless, That the Proprietors of the Homock may at all Seasons fish at that Place; and the Proprietors of Land adjoining faid Creek below the Homock, not within fixty Rods of the Mouth of the Creek, may fish on their own Lands upon the Tide of Ebb only, after the eighteenth Day of May annually.

And it shall be the Duty of the Informing Officers to enquire, and present to lawful Authority, all Breaches of this Act; and in that Case the Penalties shall belong to the Treasury of the County where the Conviction is had.

An Act directing Proceedings against forceable Entry and Detainer.

E it enacted by the Governor, Council, and Representatives, in General Court by the Authority of the fame, That upon Complaint made On complaint to any one or more Affiftants or Justices of the Peace, of any forceable affiftant, &c. Entry made into any House, Lands, Tenements, or other Poffeffions lying of forceable within the County where such Assistant or Assistants, Justice or Justices dwell or refide; or of any wrongful Detainer of any such House, Lands, Tenements, or other Poffeffions by Force and strong Hand: That is to say, by, or with such violent Words or Actions as have a natural Tendency to affright and terrify: Every such Assistant or Assistants, Justice or Justices within convenient Time, at the Cost of the Party grieved, shall go to the Place where the faid Force is; taking with him or them the Sheriff of the County, or his Deputy, and other fufficient Power of the Town, or County, (if need be) to aid and affist said Authority: And all the People of the County, as well the Sheriff as others shall be attending to said Affistant or Assistants, Justice or Justices to assist him or them to arrelt fuch Offenders, when thereunto called, upon Pain of Imprisonment, and of paying a Fine of Twenty Shillings, to the Treasury of the County. And that two Afsistants or two Justices, Quorum Unus; or one Assistant and one Justice, shall have Authority to enquire, by the Oaths of the People of the fame County, as well of them that make fuch forceable Entry into Houses, Lands, Tenements or other Poffeffions; as of them who hold and detain the same by Force and strong Hand.

Complaint being made to two jufti

ces, &c.

And

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to be re-fei

And if it be found on such Enquiry, that a forceable Entry hath been made into Houses, Lands, Tenements or other Poffeffions; or that the Lands, &c. fame are held with Force, then such Affistants or Justices shall cause the fed same House, Lands, Tenements, or Possessions to be re-seized, and the Party to be again put into the Poffeffion thereof, who in such Manner was put, or held out of the fame.

And in such Cases where the Nature of the Facts are cognizable before such Authority, the said Authority shall also tax Bills of Cost against such Bills of coft. Perfons as before them shall be convicted of forceable Entry or Detainer.

And in Cafe the Person complained of is found not guilty, shall tax Cost Persons not against the Complainant, and grant Execution thereon accordingly.

And to the End that Enquiry may be made as aforesaid,

Be it further enacted by the Authority aforesaid, That such Assistants or Justices shall make out their Warrants or Precepts directed to the Sheriff of the fame County, or his Deputy, commanding him on Behalf of the State, to cause to come before them eighteen sufficient and indifferent Persons, dwelling near unto the House, Lands, Tenements or other Possessions so entered upon, or held as aforesaid; whereof fourteen (at least) shall be impannelled to enquire in that Behalf; each of whom shall have a freehold Estate rated in the common Lift at Fifty Shillings at the least, who shall be fworn by such Assistants or Justices, well and truly to enquire of such forceable Entry, or forceable Detainer; and to return a true Verdict according to their Evidence.

And if the Sheriff shall make Default in not duly executing such Warrant or Precept to him directed, he shall be fined or amerced the Sum of Five Pounds for every Default.

guilty.

:

18 perfons moned to make enqui ry, &c.

to be fum

Sheriff to be fin'd 51. on

his default.

And every Juror legally summoned making his Default by Non-appear- And jurors ance, shall pay a Fine of Ten Shillings.

That when it shall so happen that the Sheriff is either a Party, or stands in the Relation of Father or Son, by Nature or Marriage, or of a Brother in the like Kind; Uncle or Nephew; Landlord or Tenant to either of the Parties; either of the Conftables of the Town where the Facts are faid to be done, not being interested or related as aforesaid, shall have in those Cafes all the Powers and Authorities that the Sheriffs in this Act above are vested with; and shall be under the same Regulations, and in Cafe of Default under the same Penalties.

10s. on

theirs. Sheriff being a party or a relative, a conftable to have his pow.

er.

20s. bind to

Assistants or justices to impose a fine of good behavior, or impri

And that any Assistant or Assistants, Justice or Justices holding fuch Court of Enquiry, may impose a Fine on every Offender committing such Force, not exceeding the Sum of Twenty Shillings; and bind him or them to the good Behaviour, and commit fuch Offender or Offenders to Prison till he or they pay such Fine, and find Securities for his or their good Behaviour till the next County Court in that County, and then to appear: And son offenders. if the Offence be aggravated by any open or high-handed Breach of Peace or otherwise, they may bind the Offenders over to appear at the next County Court in the same County, to answer for the fame, who may increase the Fine according to the Aggravation or Circumstances of the Offence.

All Fines arifing by Virtue of this Act, to be to, and for the Ufe of the All faid fines County Treasury.

And the Party grieved shall recover treble Damages, and Costs of Suit, by Action of Trespass against the Defendant or Defendants, if it be found by Verdict, or in any other Manner by due Form of Law, that he or they entered into his House, Lands, Tenements or other Possessions by Force, or after Entry held the same by Force.

to the county treasury.

Party griev

ed to recover treble dama

ges.

Provided alkways, That this Act shall not extend to any Person or Persons who have had the Occupation, or have been in the quiet Poffeffion of Proviso. any Houses, Lands, Tenements or other Poffeffions for the Space of three whole

L

82 Foreigners, infidious, &c. Foreigners, Rights secured.

Foreigners found stragling about, and endeavouring to corrupt, &c.

whole Years together next before; and his, her or their Estate or Estates therein is not ended or determined; any Thing to the contrary before in' this Act in any Wise notwithstanding.

An Act to prevent Foreigners carrying on infidious
Designs or Practices in this State.

BEC

E it enacted by the Governor, Council, and Representatives, in General Court affembled, and by the Authority of the fame, That if any Foreigner shall be found travelling or stragling about in this State, endeavouring to corrupt the Indians or others, with false, dangerous and feditious Principles; or to search or spy out the Country; or if they are suspected to be carrying on any fuch evil Designs. And if any foreign Ships or Vessels shall come to spy out our Coasts, or in some clandestine Manner to carry on illi fpyingoutour cit Trade; or shall appear under such Circumstances as to be justly suspect

or ships, &c.

coafts, &c.

how to be proceeded againft.

ed thereof; such Foreigners carrying on, or sufspected to be carrying on any fuch Practices; and the Captains, Masters, Officers or Seamen belonging to such foreign Ship or Vessel, may be apprehended by Order or Warrant from any Assistant or Justice of the Peace; or if the Neceffity of the Cafe require it, by any Sheriff or Constable without a Warrant, and brought before an Assistant and two Justices of the Peace, Quorum unus; and in Cafe no Assistant or Justice of the Quorum shall live within ten Miles of the Place where such suspected Person or Persons shall be arrested, then he or they may be brought before any three Justices of that County, who are hereby impowered and directed to examine him or them concerning the Matters aforesaid; and upon his or their appearing to be guilty of any of the Crimes aforesaid, or justly suspected to be a dangerous Person or Perfons, such Authority are hereby authorized to take fuch Methods, and give such Orders concerning such Person or Persons, as effectually to prevent the Dangers and Mischiefs that might otherwise arise from fuch Foreigners and suspected Perfons, and secure the Interest of this State.

And if diffhAnd if upon such Enquiry, the said Authority shall find the Matters to culties arise be attended with great Difficulties, and judge it necessary, they shall tranfupon enquiry mit the Cafe with the Examination and Evidences relating thereto, to the to be referred Governor or Commander in Chief, whose Orders and Directions therein to the gover- they shall observe for the Purposes aforesaid. nor, &c.

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And any Foreigner residing in this State, who may be likely to become chargeable to the State, or who is of an immoral and vicious Character, may by Order of the County Court, or an Assistant and Justice of the Peace, or two Justices Quorum unus, be transported to the Place of his legal Settlement, or to fome Place within the Jurisdiction of the State or Nation to which he belongs, whenever fuch Authority shall judge it expedient, and that the Expence will not exceed the Advantages of such Transportation; which Expence shall be paid out of the State Treasury, if the Perion to be transported is unable to pay the fame.

An Act for fecuring to Foreigners in this State, their Rights, according to the Laws of Nations, and to prevent any Infractions of faid Laws.

E it enacted by the Governor, Council, and Representatives, in General Court affembled, and by the Authority of the fame, That the Superior Court, and the feveral County Courts in this State (within their respective Limits) be, and they are hereby impowered and directed to proceed against

and

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