Justices of the

sessments is to be made, and every Inhabitant who shall not Contribute proportionably to the Rate so Assessed, shall be compelled thereunto by Atachment or distress of Goods to be Leveyed by the Constable provided that no man shall be assessed for any Estate Reall or personall which lyeth not within the same Town or Parrish where he is Assessed.

That the Justices of peace only shall be exempted from peace exempted. paying any publique Assessment in the place where they Inhabit dureing the time of their bearing Office payments to the Church only excepted.

To be certified to sessions.

Absence or death of overseers.

Assaults, defined.

Punishment of servants for as. saulting their masters.

Use of force to resist assaults.

Right to issue

summons or attachment.

Notice to be given.

Entry of judg.

ment.

The Towns assessment shall be certified in writing unto the Sessions, and the Justices are impowered to relieve any Inhabitant by abatement who shall make it appear that he is over Charged.

In case of the necessary or Casual absence of one two or more of the Overseers when the Assessments or other Dutyes are to be performed, relating to the Constable and the Eight Overseers aforementioned it shall be lawful for the Constable and four Overseers to act and determine as if the whole Number were present, And if any one Overseer shall happen to dye during the time of his Office it shall be Lawful for the Rest of the Overseers by the Major voate to Choose an other in his place and the person so chosen, upon Refusal of the said Office shall forfeit to the Town ten pounds towards the defraying of the Towns Charges.

Assaults.

Assaults are made either by Blowes offering of hurtful blowes, or at least by threatining & menacing speeches To rebuke an Officer with foule words, so that he departs with fear without doing his Office shall be taken for an Assault. A servant or Labourer convicted by Confession or two witnesses for Assaulting his Master Dame or Overseer shall be Imprissoned till the next Sessions, where he shall be brought to answer for the fault and shall receive what Corporall punishment the Court shall Ajudge Saving life and Member.

In defence of himself his wife Father or Mother Children or Servants a man may Lawfully use force to resist any attempt made to that purpose.

Attachment and Summons.

That it shall be in the Liberty of every Plaintiffe to take out either summons or attachment against any Defendant provided no Attachment shall be granted in any Civil Action to any Forrainer or Stranger against a settled Inhabitant in this Jurisdiction before he hath given Sufficient Security or Caution to prosecute his Action, and to answer the Defendant such cost as the Court shall award him.

That in all attachments of Goods and Chattles or of Lands and hereditaments Legal notice shall be given to the party, or Left in writing at his house or place of usuall aboad, otherwise the Suite shall not procede notwithstanding if he be out of this Jurisdiction, the Cause shall then proceed to Trial; but Judgment shall not be entered before the next Court, and if the Defendant doe not then appear, Judgment

shall be entered; but Execution shall not be granted before Execution. the Plaintiffe have given Security to be Responsible to the Defendant if he shall Reverce the Judgment within one year

or such further time as the Court shall Limitt.

takes.

That no summons pleading Judgment or any kind of pro- Reversal of proceedings in Court, or Courts of Justice shall be abated Ar- ceedings for misrested or Reverst upon any kind of Circumstancial Errors or mistakes if the person and cause be rightly understood & Intended by the Court, And in all Causes when the first when a person at Summons are not served eight Days Inclusively before the liberty to appear Court, and the Case briefly Specified in the warrant where Appearance is to be made by the party Summoned, it shall be at his liberty whether he will appear or not, except all Cases that are to be handled in Court suddenly called on extraordinary Occation, by Special Warrant.

or not.

cess to be issued.

That all Original processe whether Summons or Attach- How original proment shall expres in whose name the party Sueth, whether in his own name or as an Executor of the last will & testament of such a man, or Administrator of the goods & Chattle of such a man, or the Assigne, Attorney, Guardian, or agent of such a man, or the like, or otherwise if Exemption be taken before the parties joyne Issue it shall be good and the plaintiffe shall be lyable to pay Cost.

Attorney.

That no justice of Peace shall at any time whilst he is in Justices not to Commission be an Attorney in any Case.

act as attorneys.

of courts.

That no high Sheriffe, under Sheriffe high Constable petty Nor sheriffs, conConstable or Clarke of the Court shall be permited to plead stables, or clerks as an Attorney in any Persons behalfe in the Court where he Officiates, provided always that if any poore person not able to plead his own Case shall request the Court to Assign him the High Sheriffe under Sheriff high Constable petty Constable or Clark to plead for him it shall be Lawful for the Court to grant it; And for the person to plead accord- Exceptions. ingly, But the person so pleading the poor mans Case, is not to give Judgment provided also that any high Sheriffe under Sheriffe high Constable petty Constable or Clark Acting as general Attorneys for any person, absent out of the Country, and Negotiating their Affaires, and so Lyable to be sued for their Employers such Persons shall have Liberty also to plead and prosecute in any Cause that shall any way ConConscerne their said Employers.

Assizes.

The Court of Assizes shall be held but once in the year when court of aswhich shall begin on the last thirsday in September at New sizes to be held. York.

Speedy trial of

Vpon information from any Court of Sessions to the Governour and Councell of any Capital Offender, unless the capital offenses. Court of Assizes shall happen, to be within two Months time after such Information; The Governor and Councell shall Issue forth a Commission of Oyer and Terminer for the more Speedy Trial of such Offender.

Bail, defined.

Delivery to sure

ties.

Discharge of

sureties.

Negligent escape.

Bailing contrary to law.

Power of court to punish barrators.

Punishment for taking ballast without author

ity.

Bayle.

Baylement is the saving or delivering a man from prison before he hath Satisfied the Law, by finding Surety to Answer which is justifiable by Law.

The person Bayled is to be delivered into his Suretyes. hands.

If the sureties shall afterwards doubt the Escape of the prisoner Bayled; a Justice of Peace upon prayer may discharge the Sureties and Commit the party to prison until he find other Security such as the Justice shall except.

To Bayle one not Baylable, is a negligent Escape in the Justice.

To Bayle one Contrary to Law is fineable, which is to be interpreted for Bayling persons committed either by Special warrant, or for Capitall Offences.

Barratry.

If any man shall be indicted proved and Judged a Common Barrator; vexing others with unjust frequent and endless Suites it shall be in the power of the Court both to reject his Cause; and punish him for his Barratry by fine or Imprisonment.

Ballast,

That no Ballast shall be taken from any Town Shore by any Person whatsoever without Allowance under the hands of the Constable and two Overseers upon the penalty of Sixpence for every Shovell full so taken, unless they be such Stones as they had lay there before, and that no Ship, nor out same in har- other vessell shall Cast out any Ballast in the Channel or other place unconvenient; in any harbour within this Government, upon the penalty of ten pounds.

And for casting

bors.

bi.ls.

Bills.

Assignments of That any Debt or Debts due upon bill or other Speciality debts due upon Assigned to another, shall be as good a debt and Estate to the Assignee, as it was to the Assigner at the time of its Assignation, and it shall be Lawful for the said Assignee, to sue for, and recover the said Debt due upon Bill and so Assigned as fully as the Original Creditor might have done, Provided the said Assignment be made upon the Back side of the Bill or Speciallity.

Bond slavery prohibited.

Exceptions.

Bond slavery.

No Christian shall be kept in Bondslavery villenage or Captivity, Except Such who shall be Judged thereunto by Authority, or such as willingly have sould, or shall sell themselves, In which Case a Record of such Servitude shall be entered in the Court of Sessions held for that Jurisdiction where Such Matters shall Inhabit, provided that nothing in the Law Contained shall be to the prejudice of Master or Dame who have or shall by any Indenture or Covenant take Apprentices for Terme of Years, or or other Servants for Term of years or Life.

Bounds.

That every Town shall sett out their Bounds within twelve Bounds of towns, Months after their Bounds are granted and that when their to be set out. Bounds are once set out; once in three years, three of the Overseers of the town Appointed by the next Justice, shall appoint with the Adjacent Towns, the Auncientest Town to give notice to the neighbours Towns to go the Bounds be

twixt their said Towns and renew their Marks, The time of Renewal of preambulation to be between the 20th and last of February marks. and at the charge of each particular Town upon the penalty of five pounds for every Town that shall neglect the same.

bounds between

If any particular Town lott or Lands lying in Common Refusal to go the with others shall refuse to go the Bounds between his Lands lands. and other mens once a year, being requested thereunto upon one weeks warning he shall forfeit ten shillings for every day so neglected, one half to the party moving thereto, And the other half to the Town.

And whereas many Contentious Suites do arise about the Surveys. bounds Limits and titles to lands appertaining to Towns or particular persons occationed much through the unskilfulness or fraud of pretended Surveyors, for prevention whereof for the future, No Surveyor of Lands shall give a plott of any lands Surveyed by him unto any other person or persons whatsoever, then such as Employed them, until six Months after such Plott is Drawn according to its Survey, And that one Plott so drawn describing the bounds and Limits of the Town shall be kept in the Records of each particular Town, and another plott so drawn and delivered to the Clark of that Court of Sessions to which that Town Relates, within Seven Months after the Survey shall be so made.

Brewers.

skilled in the art.

some beer.

That no person whatsoever shall henceforth undertake the Brewers to be Calling or work of Brewing Beere for Sale, but only such as are known to have Sufficient Skill and knowledge in the art or Mistery of a Brewer, That if any undertake for victuall- Sale of unwholeing of Ships or other Vessels or Master or owner of any such Vessels or any other person shall make it appear that any Beer bought of any person within this Government do prove unfit unwholsome & useless for their supply, either through the insufficiency of the Mault or Brewing or unwholsome Cask the Person wronged thereby, shall be and is hereby enabled to recover equal and Sufficient damage by Action against that Person that put the Beer to Sale.

Births Marriages & Burials to be Registered.

riages, births,

The Names and Surnames of every Inhabitant within the Registry of marSeveral Parrishes within this Government shall be Regis- and deaths. tered, and to prevent future inconveniences which may arise about the age of Orphants, The Certaine Marriage of Men and Women or the decease of persons imported into this Country whereof no positive Certificate can be granted, as to the age of one, Marriage of another or the Death of another, The Minister or Town Clark of every parrish shall

Burials, regulated.

Denial of true

well and truly and plainly Record all Births Marriages and Burials that shall happen within his Respective parrish, in a Book to be provided by the Churchwardener for that purpose, And if any Master of a family or other person Conscerned shall omitt the giving notice to the said Minister or Town Clark, of the Birth Marriage and Death of any to him or them Related the space of one Month Such person for his neglect shall be fined five Shillings. And the Minister or Town Clark shall have for his entry of such Birth Marriage or Death four pence, And if the Minister or Town Clark shall neglect entering the same as aforesaid he shall be fined upon Discovery made thereof to the use of the parrish.

Burials.

Whereas the private Burial of Servants and others give occasion of much Scandal against divers persons and So divers times not undeservedly of being guilty of their Death from which if the person Suspected be innocent, there can be no vindication, nor if guilty no punishment by reason they are for the most part Buried without the knowledge or view of any other then such of the family as by nearness of Relation, as being Husband Wife or Child are unwilling or Servants, are fearfull to discover it, if Murder were Commited, for remidy whereof, and for the greater decency of Burials, There shall be within every parrish of this Government, one or more places appointed according to the extent of the parrish, to be set apart and fenced in for publique places of Burial, and before the Corps be Buryed there shall be three or four of the neighbours Called, of which one shall be one of the Overseers of the parish, who may in Case of Suspicion view the Corps and if none, yet according to the decent custom of Christendom they may accompany it to the grave, And that no person whether free or Servant, shall be Buried in any other place then those so appointed, unless such who by their own appointment in their life time have signified their desire of being intered in the Burial place of some other parish.

Capital Lawes.

1. If any person within this Government shall by direct God, punishment exprest, impious or presumptious ways, deny the true God and his Attributes, he shall be put to death.

for.

Murder.

Slaying defenseless with sword.

Killing by lying in wait.

Buggery.

2. If any person shall Commit any wilful and premeditated Murder, he shall be put to Death.

3. If any person Slayeth another with Sword or Dagger who hath no weapon to defend himself; he shall be put to Death.

4. If any man shall slay, or Cause another to be Slain by lying in wait privily for him or by poisoning or any such wicked Conspiracy; he shall be put to Death.

5. If any man or woman shall lye with any Beast or Bruite Creature by Carnal Copulation they shall be put to Death, and the Beast shall be Burned.

6. If any man lyeth with mankind as he lyeth with a wo