258

Terfons re

moving timber,&c. without leave, to

Vexatious Suits. Vice.

aforefaid, attempt to remove the fame; or without firft paying reasonable Damages, and faid Sum for recording as aforefaid; fuch Perfon or Perfons fo offending, fhall forfeit and pay to the Owner or Poffeffor of fuch Lands forfeit the va- or Meadows, the Value of fuch Timber, Logs, Staves or Shingles fo attempted to be removed; to be recovered by Bill, Plaint or Information.

Iwe.

Penalty 40s.

for vexatious fuits, and to pay treble damages.

Third offence how punish

ed.

Preamble.

Duty of the civil authority herein.

Of the felectmen.

Houfholders

to have bibles

in their fami

lies; for neglect,

how dealt with, &c.

And with catechifms,

&c.

Conftables,

&c. to make Prefentment,

&c.

An Act for preventing and punishing vexatious Law-
Suits.

BE E it enated by the Governor, Council, and Representatives, in General Court
affembled, and by the Authority of the fame, That whenfoever any Plaintiff
fhall wittingly and willingly wrong any Defendant, by commencing and
profecuting any Action, Suit, Complaint or Indictment in his own Name,
or in the Name of others, with Intent unjustly to vex and trouble fuch De-
fendant, fuch Plaintiff being legally convicted thereof, fhall pay treble
Damages to the Party grieved, and be fined the Sum of Forty Shillings, to
the Treasurer of the County.

And for the third Offence in that Kind, he fhall be judged and proceeded against as a Common Barrator.

An Act for the more effectual putting in Execution the Laws against Vice, Immorality and Profaneness, and for promoting Christian Knowledge.

WHEREAS putting in Execution the good and wholefome Laws, made for reftraining, punishing and fuppreffing profane, immoral and irreligious Practices in ibis State, and promoting Chriftian Knowledge, will greatly tend to the •·bonor of Religion, the Peace and good Order of human Society, and to fupprefs Vice and Wickedness:

Therefore, that the fame may be more generally and effectually done; B E it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That all Judges and Juf tices of the Peace in the respective Counties in this State, be, and they are hereby required to be diligent and careful in putting in Execution all fuch Laws and Acts as are or fhall be made in this State, for the punifhing, reftraining or fuppreffing any Profanenefs, Immorality, or irreligious Practices or Disorders, that thereby the good Ends propofed in fuch Acts and Laws may be attained.

That the Select-men from Time to Time, fhall make diligent Enquiry of all Houfholders within their respective Towns, how they are furnished with Bibles; and if upon fuch Enquiry any Houfholder be found without one Bible at least, then the Select-men fhall warn the faid Houfholder forthwith to procure one Bible at leaft, for the Ufe and Benefit of their Families refpectively And if the fame be neglected, then the faid Select-men' fhall make Return thereof to the next Authority, who may deal with fuch 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 whofe Circumftances will allow thereof, fhall be fupplied with Bibles according to the Number of Perfons of Capacity to ufe the fame in fuch Families; and with a fuitable Number of Orthodox Catechifms, and other good Books of practical Godlinefs, and the like.

That the Conftables, Grand-jury-men and Tithing-men in the respective Towns in this State, fhall, and they are hereby required to make diligent Search after, and Prefentment make of all the Breaches of the Laws which relate to their Office or Offices refpectively. And

0

d

United States.

And the Conftables and Grand-jury-men in the refpective Towns fhall, on the Evenings after the Lord's-Day, and other public Days of religious Solemnity, walk the Street, and duly fearch all Places fufpected for harbouring or entertaining any People or Perfons affembled contrary to Law.

Be it further enacted by the Authority aforefaid, That the Juftices of the Peace, Grand-jurors, Conftables and Tithing-men in the refpective Towns in this State, fhall 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 fome other Place by them appointed, there to advise, confider, and use their joint Intereft in fuppreffing 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 aforefaid, That the Town-Clerk of each refpective Town in this State, at the opening of the public TownMeeting for electing Town-Officers in December annually, if prefent, and in his Abfence the Select-men for the Time being, who fhall be prefent, fhall read, or cause to be read this Act, and every Paragraph thereof publicly in this Meeting.

And if fuch Clerk, being prefent, or fuch Select-men prefent in the
Clerk's Abfence, fhall neglect or refufe publicly to read, or cause to be read
this A&t; then the faid Clerk or Select-men in refufing 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-Treafury.
And the Conftables and Grand-jury-men are directed to inquire after,
and due Prefentment make of all Breaches of this Act, to fome Affiftant
or Juftice of the Peace; who are hereby impowered to hear and determine
the fame.

An Act for enabling the United States of America, to
any of
commence and profecute Actions or Suits in
the Courts in this State, for the recovery of their
common Rights and Interefts.

E it enacted by the Governor, Council and Reprefentatives, in General Court
B
affembled, and by the Authority of the fame, That it fhall and may be law-
ful for the United States of America, to fue, commence, and profecute any
Suits or Actions for the recovery of any Debts due to them, or any Eftate or
Property to them belonging; or for the recovery of Damages for any Frauds
or Trefpaffes against them, and to appear by their Agents or Attornies that
may be appointed by Congrefs, or by Authority derived from them; and all
fuch Suits or Actions purfue to final Judgment and Execution.

And be it further enacted by the Authority aforefaid, That it fhall be the Duty
of the State Attornies, and other Informing Officers in this State, to make
Prefentment of all Frauds and other Crimes committed against the United
States, within their refpective Precincts, which fhall be profecuted and
punished in the fame Manner as if committed against this State.
And be it further Enacted, That every Commiffioner or Auditor, appoin-
ted by the United States in Congrefs affembled, or under their Authority,
to fettle any of the public Accounts, fhall have full Power to call Wit-
neffes before them in this State, and examine them under Oath or Affirma-
tion, touching any fuch Accounts as are refpectively affigned to them for
Settlement, and if any Perfon duly fummoned, fhall neglect to appear and
be examined as aforefaid, he fhall be liable to the fame Pains and Penalties
as for neglecting to appear before any Court in this State.

K k 2

An

259

grand-jury-
Contables &

men.

Civil autho

rity, &c. to meet annually on the firft January, and Monday of third Monday advife, &c. of April, to

This act to

be read annually in townmeeting in

December.

grand-jury to Conftables & make pre

fentment.

ftates im

The united

recover their

powered to debts.

Informing officers to

make prelentment

frauds.

of

260

lawful inter

B

Ufury:

An Act for restraining the taking exceffive Ufury.

E it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That no Perfon or Perfons six per cent. whatfoever, upon any Contract made, fhall take, directly or indirectly for loan of any Monies, Wares, Merchandizes, or other Commodities whatfoever, above the Value of Six Pounds, for the Forbearance of One Hundred Pounds, for a Year; and fo after that Rate for a greater or leffer Sum, or for a longer or fhorter Time.

eft for monies

loaned.

All bonds &c. forfeited

when more is taken.

Penalty for taking unlaw

ful intereft, forfeiture of

And that all Bonds, Contracts, Mortgages and Affurances whatsoever, made for the Payment of any Principal, or Money lent, or covenanted to be lent upon, or for Ufury, whereupon or whereby there ihall be referved or taken above the Rate of Six Pounds in the Hundred, as aforefaid, fhall be utterly void.

And all and every Perfon and Perfons 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 whatfoever, 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 leffer Sum, or for a longer or fhorter Time, fhall forfeit and lofe for every fuch Offence, the full Value of the Goods and Monies or other Thing fo lent, exchanged, bargained, fold or agreed for; one Moiety thereof to the public Treafury of this State, the other Moiety to the Informer who fhall fue for and profecute the fame to Effect.

And whereas many Perfons, not contenting themselves with just and reasona able Gains, or Intereft for Goods fold or Money lent, do use many fubtil and clandeftine Methods to oppress their poor Debtors, by inducing and compelling them to give great and unlawful Sums for Forbearance; and to effect the fame, 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 aforefaid, That the Grand-Jurors in their respective Precincts, fhall make Enquiry after all Perfons that are of evil Name and Fame for oppreffing their poor Debtors or Borrowers, or of taking exceffive Intereft for Forbearance, and fhall prefent fuch Perfon or Grand-jurors Perfons to the next Affiftant or Justice of the Peace, as being guilty of faid to enquire Crimes ; and if thereupon fuch Perfon or Perfons fhall not fatisfy the Auand prefent. thority before whom he or they are brought to be examined, that he or they are not guilty, fuch Authority may bind over fuch. Perfon 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 anfwer to faid Prefentment, and abide the Judgment of the Court thereon.

Refusing to give bond, to

be committed, &c.

One witness fufficient.

And if fuch Perfon or Perfons refufe to become bound as aforefaid, the faid Authority fhall commit him or them to the common Goal in faid County, there to remain till he or they conform themselves and become bound as aforefaid.

And if upon Trial before the Court, one credible Witness shall come and depofe against fuch Perfon or Perfons, that he or they have taken exceffive Intereft or Security therefor, or otherwife have oppreffed their poor Debtors or Borrowers, fetting forth the Fact before the Court, it fhall be lawful for the Court to bind fuch Perfon or Perfons, 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 fhall offend no more in the like Kind, for fuch Time as the Court shall judge meet.

And if fuch Perfon or Perfons fhall offend again in like manner, while he

or

For fecond offence bond

forfeited.

or they are under fuch Recognizance, to be proved againft him or them by one credible Witnefs, fuch Perfons fhall be adjudged to have forfeited their Recognizance; unless fuch Perfons fhall 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. And in Cafe Judgment fhall be given against fuch Perfon or Perfons, the Court may at Difcretion chancer down the Recognizance, more or lefs chancer down according to the Aggravation of the Offence.

And be it further Enacted, That in any Action brought on any Bond, Bill, Mortgage, or other Inftrument whatsoever, it fhall be lawful for the Defendant in fuch Action, to inform the Court before which faid Action is brought, by filing his Complaint with the Clerk of fuch Court, on the fecond Day of the Court's fitting, that the Mortgage, Bond, or other Inftrument on which the Action is brought, is ufurious and oppreffive, and was given for no juft or reasonable Confideration; and then in fuch Cafe the Court is directed and impowered to proceed in fearching out the Truth of fuch 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 if the Plaintiff fhall refufe to be examined upon Oath, his Action fhall be Nonfuit, and the Court shall give Judgment for the Defendant to recover his Coft.

And if upon Trial the Court fhall find fuch Mortgage, Bond or Note, &c. to be ufurious or oppreffive, and for which the Defendant had no reafonable Confideration, they fhall adjust the fame in Equity, and give Judgment that the Plaintiff recover no more than the juft Value of the Goods fold, &c. or than the principal Sum which the Defendant received of the Plaintiff, without Intereft, or any Advance thereupon. And be it further enacted by the Authority aforesaid, That if the Defendant in any Action founded on Contract, depending before an Affiftant or Juftice of the Peace, fhall file his Bill complaining that faid Contract is Ufurious, fuch Affiftant or Jaftice fhall enquire into, and adjuft the fame in Equity, and render Judgment therein according to the Rules and Directions in this Act prescribed for other Courts.

Court may

the bond.

Bill in equity may be filed. fecond day of the courts fit

ting.

Parties to be examined on

oath.

And if the fe curity is found ufurious to be chancered down in equity to the prin

cipal without intereft.

The provifions of this act cafes before

extended to

an affiftant or

juftices court.

Always provided, That nothing in this Act be conftrued to prevent any
Perfons from proceeding upon full Evidence in the common Courfe of Law Provifo
against exceffive Ufury, and ufurious Contracts, either in Defending or Re-
covering thereon, as in the firft Paragraph of this Act is provided.

An Act for due Regulation of Weights and Measures.
E it enacted by the Governor, Council and Representatives, in General Court

of

County within this State, fhall at the proper Coft and Charge of the faid County, provide, as there fhall be Occafion, and cortinually keep and preferve in good Order, good and fufficient Weights and Measures as Standards for the faid Counties: The Half Bufhel to be Brafs or Copper; which Weights and Measures fhall be tried and fealed by the State Standards of Weights and Meafures, and fhall be kept in the refpective County Towns for the Ufe of the County, upon whofe Coft they were procured.

And if any or either of the County Treasurers fhall not procure and keep the Weights and Measures as abovefaid, and have the fame tried and fealed as aforelaid, he Thall pay a Fine of Five Pounds; one Moiety whereof fhall 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 fhall enquire whether the faid Weights and Measures be provided and fealed as abovefaid; and upon De

fault

Each county,

to have fand

ards.

To be provi ded by the

treasurer.

Penalty for neglect.

2.62

Conftables to make enqui

ry.

Select-men to provide weights and measures.

Conftables to make prefentment of all breaches of this act.

Weights, &c. of particular perfons to be tried.

chosen and

Weights, &c.

fault of any or either of the faid Treasurers, the faid Conftables fhall present them to the next Superior Court in that County, who fhall caufe the faid Fine to be levied upon the Treasurer fo neglecting; unless he fhall fatisfy the faid Court that there are Weights and Measures provided and fealed as abovefaid, within the County Town for the Ufe of the County in which he ferveth as Treasurer.

That the Select-men in every Town within this State, fhall provide, as there fhall be Occafion, at the Charge and Coft of faid Towns, good Weights and Meafures, to be preferved and kept in good Order, as Standards for faid Towns; which Weights and Meafures fhall be tried and fealed by the County Standards.

And the Conftables in every Town fhall make Enquiry into all Breaches of this Act; and if upon Enquiry, the faid Constables fhall find the Selectmen have not procured Weights and Measures as abovefaid, that then the Conftable or Conftables fhall make Complaint thereof to the next Afiftant or Juftice of the Peace: Upon which Complaint the faid Affiftant or Juftice fhall fummon before him the Select-men fo neglecting, and if they fhall not fatisfy faid Authority that they have provided Weights and Measures as aforefaid, and that they then have the fame in fuch Town, the faid Authority fhall impofe a Fine of Forty Shillings on fuch Select-men; one Half to the Conftable complaining, and the other Half to the Town Treasury: To be levied by diftrefs and fale of their Goods according to Law.

And all Weights and Measures improved or ufed by any particular Perfons in any Town, fhall be tried by the Town Standards where they dwell: And whofoever fhall make Ufe of any Weights or Measures that are not proved and tried by the Standards in their refpective Towns, fhall 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, fhall choofe one of Sealers to be their able and difcreet Inhabitants, to be a Sealer of Weights, and one to be a Sealer of Measures for their Town; who fhall take the Oath appointed for fuch Officers: And no Weight or Measure fhall be accounted good and legal that is not fealed and approved by faid Sealers.

fworn.

Weights, &c. to be fealed

once a year. False weights &c. to be destroyed.

All weights,

&c. to be brouhgt to

the fealers in April annually.

Penalty on fealers for neglect.

Piovilo.

That the Sealers of Weights and Measures in the refpective Towns fhall, once in every Year, feal the feveral Weights and Measures that are ufed in their Town.

And all fuch Weights and Measures as cannot be brought to be equal with the juft Standard, the faid Sealer fhall deface or deftroy.

And that it is and fhall 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 whofoever fhall neglect to bring his Weights and Measures to be tried at the Time prefixed by the Sealer, being thereunto warned, he fhall forfeit the Sum of Three Shillings; one Half to the Sealer, and the other Half to the Town Treafury; which the Sealer fhall have Power to recover from Time to Time.

And every Sealer that shall neglect his Duty required in, and by this Act, fhall forfeit the Sum of Thirty Shillings for every fuch Default to the County Treasury.

Provided nevertheless, That nothing in the foregoing A&t shall be conftrued or understood to interfere with any Regulation that fhall or may be made, relative to fixing the Standard of Weights and Measures, by the Congress of the United States, agreeable to the Powers vefted in them by the ninth Article of Confederation.

An