with such persons, or otherwise by them secreted, which has put it out of the power of the State or individuals, in such cases, to produce such evidence to the title of such lands, as the law in common cases requires.

Therefore,

Be it enacted, &c. that whenever any action shall be brought before any court proper to try the same, for the surrendry of any lands or tenements that were in the possession of, or occupied at or near the time of any such person or persons leaving this or the United States, and thus going over to the enemy; that if, on such trial, the defendant shall make it appear by evidence, to the satisfaction of the court or jury, that the person or persons who have gone to the enemy as aforesaid, was, at the time of his leaving this or any of the United States, the just and rightful owner of any such lands and tenements, and produce a deed of convey ance from under the hand and seal of any person duly impowered by the authority of this State to convey the same; that in every such case, judgment shall be rendered for the defendant-and a copy of such judg ment, together with such deed, recorded in the town clerk's office where such land lieth, shall be deemed good and sufficient evidence to the title of any such land or tenements.

And be it further enacted, that if any person or persons that have been heretofore, or that may in future be appointed to sell any such lands; or any person claiming lands by deed from any such person, shall bring his action for the recovery of any such lands as may be in the possession of any other person or persons, it shall be determined in the same manner.

AN ACT to direct persons with respect to division Fences.

Whereas, many difficulties have arisen by means of partition fences not being properly regulated. Therefore,

the

Be it enacted, &c. that whenever any person or persons having improvements adjoining each other, the expense of making and maintaining a lawful fence, shall be equally divided between them. And if they cannot agree to divide the same, it shall be divided by the select-men, or three indifferent freeholders of such town where such land lieth, each paying for their own part. And where it shall so happen that any person or persons shall make fence against another person's land, that when that other person shall improve against said fence, they shall pay person that built said fence for the one half of said fence, to be appraised by the select-men, or by three indifferent freeholders of the town where such land lieth. And if either of the parties or persons whose improvements so adjoin each other, should refuse or neglect to make or maintain his, her, or their proper part of said fence, having three months notice, then the aggrieved party may enter complaint thereof to an assistant or justice of the peace, who is hereby directed to summon such delinquent or delinquents, to answer for his, her, or their neglect; and being found delinquent, shall grant execution thereon for cost and damage.

AN ACT in addition to the last paragraph of an Act, entitled, “ An Act against High Treason."

Be it enacted, &c. that if any person or persons shall know of any of the enemies of this or the United States, to be any way lurking about in this State, either in the woods, or the house or houses of any of the disaffected people, or any other place; or shall harbor any of the aforesaid enemies, and conceal the same, or neglect immediately to acquaint the authority, and be thereof convicted before the county or superior court, shall be punished by fine, according to the nature of the offence; and shall be imprisoned at the judgment of said court, in any of the goals in this State, not exceeding ten years.

And be it further enacted, that, on the complaint of any county or town informing officer, made to an assistant or justice of the peace, that any person or persons have, for more than one year last past, appeared by their conduct to be inimical persons, and likely to do mischief if they are suffered to go at large; he shall issue his warrant, and call such person or persons before him, to answer such complaint; and also call to his assistance one or more assistants or justice of the peace: and if, on examination, it be judged by the said court, or a jury of six men, that the said person or persons are dangerous persons to go at large, they shall pay cost of prosecution, and be committed to any of the goals within this State, during the pleasure of the court, at their own expense.

Provided always, that such person or persons shall have liberty to apply to the superior court for relief, who shall grant such relief as they judge just.

AN ACT against inimical conduct.

Whereas, it has been represented, that many persons who are enemies to the liberties of this and the United States of America, are continually using their utmost exertions to discourage and dishearten the good friends to the liberties aforesaid, by making and spreading false news, and speaking diminutively of the proceedings of the friends aforesaid.

Therefore,

Be it enacted, &c. that if any person shall speak any word, or do any act or thing, with design against this country, that shall have a direct or indirect tendency to discourage the good people of this State from nervously exerting themselves in the cause of this country; or shall speak words disrespectful of said cause, or the measures taken to support it; or shall, by any words or actions, with design as aforesaid, encourage, or shew themselves disposed to encourage, the disaffected persons in this State; or shall spread, or endeavor to spread, false news with regard to the strength or success of the enemy, or with regard to any disadvantage they would insinuate the army or armies of this or the United States to be under; and be thereof convicted before one or more assistant or justice of the peace, who are hereby impowered to try the same; he or

they shall be punished by fine, not exceeding ten pounds; whipping, not exceeding ten stripes, or imprisonment, not exceeding twelve months; or either, or all of them, according to the nature of the offence, at the discretion of the court before whom such trial shall be had.

AN ACT for the purpose of removing disaffected persons from the frontiers of this State.

Whereas, it is found that sundry persons, living in the frontier towns of this State, who do not feel themselves in any danger from the cominon enemy, and refuse their personal assistance in the defence of such frontier settlements; and we have reason to fear, hold a secret and traitorous correspondence with, and as occasion offers, harbor and conceal, the enemies of this and the United States:

Which embarrassment to prevent,

Be it enacted, &c. that it shall be the duty of the select-men of any such frontier town, if they have good grounds of suspicion that any person or persons living in such town, do secretly correspond with the enemy; or any person or persons who do not feel themselves in danger from the common enemy, and refuse their personal assistance to defend said frontiers, or have, for a long time, neglected their duty therein,-to warn a meeting of the inhabitants of such town, reciting in such warning the names of the person or persons so suspected; and that the design of such meeting is to take into consideration whether they judge such person or persons to be dangerous to the safety of the frontiers. And whatsoever person or persons shall be, by such meeting, so warned, judged and voted to be necessary to be removed, either on account of their unfriendliness to the cause of America, or their unwillingness to support said cause, shall be, by warrant from an assistant or justice of the peace, directed to the sheriff of the county, his deputy, or either of the constables of such town, removed, with his family and effects, after twenty days, and within thirty days, at their own proper cost and charge, to the interior part of this State; which warrant such magistrate is hereby directed to issue, on application of the select-men of such town.

Provided always, that any person voted by any town to be necessary to be removed, shall have a right of appeal to the Governor, who, with the advice of four of his Council, if they find that the said vote was had through mistake, or without just grounds against such person, or for any other cause than toryism, shall have a right to order a suspension of such removal, for such time as they shall judge convenient; which order shall be given to the officer who is directed to remove such person; and shall be to him a sufficient warrant for such suspension, for the time specified by such order, and no longer.

Provided also, that the person to be removed procure such order within twenty days from the time of such votes being passed, and not after. And all such persons, so removed, when in the interior part of the State, shall not be subject to be warned out of town, except such as have not

heretofore gained a residence in any town in this State; but shall be considered to belong to the town where he belonged before such removal : and if not of sufficient ability to maintain themselves, and have not relations who are by law obliged to maintain them, they shall be supported at the cost and charge of the town from whence they were removed. And it shall be the duty of the select-men of the town where they shall reside, to see that such persons are kept to a suitable employ, in order to support themselves.

And be it further enacted, that all towns in which there are any inhabitants, and no select-men, shall be under the jurisdiction of the selectmen of the next adjoining town, or of the nearest town where there are select-men, as far as relates to this act.

Be it further enacted, that the towns hereafter mentioned in this act, shall be considered as frontiers, viz:-Arlington, Sandgate, Ruport, Pollett, Wells, Poultney, Castleton, Rutland, Pittsford, Clarenden, Tinmouth, Wallingford, Danby, Shrewsbury, Newfane, Townshend, Londonderry, Brumley, Andover, Cavendish, Pomfret, Woodstock, Bernard, Royalton, Bethel, Newbury, Barnet, Rygate, Maidston, Guildhall, Lunenburgh, Strafford, Manchester, Reading, Wethersfield, Athens, and Hertford.

ARTICLES, RULES, AND REGULATIONS, for preserving Order, good Government, and Discipline among the Militia, and other forces of this State, when called to actual Service, for the defence and security of the same, and when called upon with respect to going into service, &c.

Be it enacted, &c. that the following articles shall be observed for the purpose aforesaid.

SECTION I.

ARTICLE I. All officers, non-commissioned officers, and soldiers, when the safety, the good of the service, and conveniency permits, shall, with decency and reverence, attend divine service, at the place appointed for that purpose, on penalty of being, by the judgment of a court-martial, mulct of the whole of his or their wages for one day, respectively.

ART. II. Any officer, non-commissioned officer, or soldier, who shall use any unlawful oath or execration, shall incur the penalty expressed in the first article.

ART. III. Any officer, non-commissioned officer, or soldier, who shall behave himself with contempt or disrespect towards the general or generals, or commander in chief, or shall speak words tending to his or their dishonour, or shall begin, excite, cause or join in any mutiny or sedition in the regiment, troop, company, garrison, party, post, detachment or guard to which he belongs, or in any other corps or party of the militia, or forces of this State, or the United States, or shall not use his utmost endeavours to suppress any mutiny or sedition when he is present; er knowing of any mutiny or intended mutiny, shall delay to give in

formation to the commanding officer; such officer, non-commissioned officer, or soldier shall suffer such punishment as shall be inflicted according to the nature of the offence, by the sentence of a court-martial.

ART. IV. Any officer or soldier, who shall strike his superior officer, or shall draw, or offer to draw, or lift up any weapon, or offer any violence against him, being in the execution of his office, or shall disobey his lawful commands, shall suffer such punishment as shall be inflicted, according to the nature of the offence, by the sentence of a court-martial.

ART. V. Any non-commissioned officer or soldier, who shall desert, or without leave of his commanding officer, absent himself from the troop, company, or party, to which he belongs, shall be liable to pay all reasonable cost, arising from the recovery of any such soldier so deserting, as well as such reasonable sum as may be offered by his commanding officer, as a reward or encouragement for apprehending and returning any such deserter; which cost shall be deducted out of such deserter's pay, if a sufficiency be due for his services; otherwise to be recovered by bill, plaint or information, before any court proper to try the same; and shall suffer such other punishment as shall be inflicted by the sentence of a

court-martial.

ART. VI. Any officer or soldier, being convicted of advising or encouraging any other officer or soldier to desert, shall suffer such punishment as shall be ordered by the sentence of a court-martial.

ART. VII. All officers shall have right ro quell quarrels, frays and disorders, though in any other corps, and to order in arrest or confinemen the persons concerned; and whosoever shall offer any violence to such of ficer, (though of an inferior rank) shall be punished at the discretion of a court-martial.

ART. VIII. Whatsoever officer, either in actual service of the State, or of the militia at home, who shall be guilty of disobedience of orders, and be thereof convicted before a general court-martial, shall be cashiered; and if not in actual service, to pay cost of prosecution.

ART. IX. All challengers, duellers, and seconds, and all who shall aid or abet them, shall be dealt with according to the nature of his offence, agreeable to the laws of war, by judgment of a court-martial.

ART. X. Any officer or soldier, who shall use any reproachful or provoking speeches or gestures to another, or shall behave disorderly, or use any menacing words or contemptuous carriage, in the presence of a court-martial, shall be punished according to the nature of his offence. ART. XI. Any non-commissioned officer or soldier, who shall in camp, garrison, quarters, or on a march, offer any violence to any inhabitant, or commit any outrage on him or his goods; or shall plunder any house, or other building, or any field, garden, or lot, of any effects; or shall kill, wound, or destroy, any cattle, sheep, hogs, fowls, or any other creature, belonging to any of the good people of this State; or shall by threatening, or otherwise, force or compel any of the inhabitants to loan, give, or sell any horse, carriage, victuals, liquors, entertainment, or any other thing, shall be punished, according to the nature of his offence, by the judgment of a court-martial; and reparation shall be made by the offender to the party injured, by paying him the wages due to the offender, or by deliv