And this the faid Treasurer fhall do annually, on the Penalty of Twenty Pounds, to be forfeited to this State, for every Month after the Month of September annually, that he shall neglect to make up and perfect the said Accounts, and pay according to the Order of this Court, fuch Sum or Sums as remain due.

And the Treasurer of each refpective County in this State, fhall annually make himself Debtor for all Fines and other Monies belonging to the County whereof he is Treasurer, and alfo make a fair Account of his Payments, how he hath difpofed of them. And the Accounts of each County Treasurer fhall be annually audited and perfected by the Judge and Juftices of the County Courts refpectively, and their refpective Treafurers.

And be it further enacted by the Authority aforefaid, That the Secretary of this State, and the Clerk of the Superior Court, fhall annually render an Account to the Treasurer of this State, of all the Fines and Forfeitures due to the public Treasury, appearing by the Records in their respective Offices, that the fame may be collected and paid into the Treafury, for the Ufe of the State; and fhall in like Manner render an Account to the Treasurer, of all Fees by them refpectively received for the Use of the State, and pay into the Treasury what fhall be due thereon: And they fhall likewise seasonably transmit a Copy of their faid Accounts annually, to the Auditors appointed to audit the Treafurer's Accounts: And the Secretary fhall also tranfmit to faid Auditors an Account of all the Treafurer's Receipts for Money paid into the Treasury, that fhall be lodged with him.

An Act concerning Bail, in civil and criminal Cafes

Penalty on

the treasurer.

County trea

furer's duty.

Secretary to fettle his accounts annually with the

treasurer.

when taken.

E it enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the jame, That it shall be the Duty of every Sheriff, Deputy-Sheriff and Conftable in this State, to take fufficient Bail when offered by any Perfon by them arrested or held in Bail how and Custody on mean Procefs, in any Civil Action, which Bail fhall be one or more fubftantial Inhabitants of this State, of fufficient Ability to refpond the Judgment that may be recovered in the Cafe, who fhall become bound to the faid Officer in a fufficient Sum, conditioned for the Appearance of the Person so arrested, before the Court to which fuch Writ is made returnable; and the Person arrested shall be thereupon liberated from fuch Arrest.

That no Defendant whofe Perfon has been attached and let to Bail as aforefaid, fhall be admitted to appear and plead or defend in fuch Action, until he hath in Court, given fpecial Bail, with fufficient Sureties as aforefaid, for his abiding the final Judgment that shall be given in the Cause if the Plaintiff require the fame. That in either of the Cafes aforefaid, every fuch Surety or Sureties fhall be obliged to fatisfy the Judgment in Cafe of the Principal's Avoidance, and a Return of Non eft Inventus on the Execution; unlefs fuch Surety, at or before the Time of entering up final Judgment, do bring the Principal into Court, and move to be difcharged; upon which the Court fhall order the Keeper of the Gaol to receive him into Cuftody, that his Body may be taken on the Execution.

And the Party for whom the Judgment is given, may have a Writ of Scire Facias out of the Court, against fuch Surety or Sureties; and in Cafe no juft Cause is fhewn to the contrary, the Judgment rendered against fuch Principal fhall be affirmed against fuch Surety or Sureties, with additional Coft of Suit, and Execution be granted accordingly.

Not to plead

without fpecial bail.

When the furety is lia

ble, &c.

Scire Facias

against the

furety.

Always

-14

Provifo.

Surety's action against the debtor.

Always provided, That fuch Writ of Scire Facias or other Process on the Bond, be taken out and ferved upon the Surety or Sureties, within twelve months after the faid final Judgment, and not afterward.

And every Surety of whom fuch Recovery is made, may bring his Action for the Recovery of Damages against the principal Debtor.

And no Recovery fhall be had against the Officer who ferved the AtOfficer liable tachment or took the Bail, unless he fhall have taken infufficient Bail, or fhall refuse to let the Plaintiff have the Bail Bond, that he may have Remedy thereon agreeable to this Act.

for insuffici

ent bail, &c. .

Scire Facias.

And in Cafe of Bond given for the Profecution of any Action or Appeal, the Surety or Sureties fhall be liable to fatisfy the Coft that fhall be recovered against the Principal, if Satisfaction cannot be had out of the Eftate of the Principal; which may be recovered on Scire Facias, as aforefaid, or Action on the Bond. And no Security given to profecute an Appeal, fhall exonerate the fpecial Bail in the Cafe.

An Act concerning Ballast.

E it enacted by the Governor, Council, and Reprefentatives, in General Court

taken from any common Shore in any Town within this State, by any Ballaft not to Perfon whatsoever (except the fame be his own Property) without Permiffion under the Hands of two of the Select-men of fuch Town, upon Penalty of forfeiting Twenty Shillings for every Ton fo taken.

be taken, &c. without per

miffion.

Penalty for

And that no Perfon belonging to any Ship or other Veffel, fhall caft out any Ballast into any Channel or other Place, that will obstruct or incommode the Navigation in any River or Harbour within this State, upon Penalty of forfeiting Five Pounds. Any two Affiftants or Juftices of the Peace fhall have Power to hear and determine all Breaches of this Act. The Fines aforefaid fhall belong to the Treasury of the Town where the Offence is committed.

BE

An Act for destroying Barberry-Bushes.

E it enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the fame, That any Perfon or Perfons whatfoever, with Advice and Confent of the Civil Authority and Selectmen of the Town where any Barberry-Bushes are or may be growing, in the Months of March, April, October and November, enter into and may, upon any Lands whereon fhall be growing any Barberry-Bushes, and dig up and destroy fuch Bushes, without being liable to any Action, Suit or Damage therefor; any Law, Ufage or Cuftom to the contrary notwithstanding.

An A&t against Barratry and common Barrators.

E it enacted by the Governor, Council, and Representatives, in General Court

Baffembled, and by the Authority of the fame, That if any Perfon fhall be

proved and adjudged a common Barrator, vexing others with unjust, frequent and needlefs Suits, he fhall pay a Fine of Five Pounds into the public Barratry 51. Treafury of this State, by Order of the Court before whom he fhall be convicted; and before the fame Court he fhall become bound, with one Surety, for his good Behaviour (for one Year at leaft); or on Refufal, be committed to remain in Prifon faid Time, or 'till he procure Surety, as aforefaid.

And

And the Court before whom fuch vexatious Suit fhall be brought, may, and is hereby impowered to reject fuch Suit, giving Coft to the adverfe Party.

An Act concerning Baftards and Bastardy.

E it enacted by the Governor, Council, and Representatives, in General Court

BE

Bifembled by d by Governor bority of the jame, That he who is acculed,

by any Women, to be the Father or a baftard Child, begotten of her Body, The continuing conftant in fuch Accufation (being examined upon Oath, and put to the Discovery of the Truth in the Time of her Travail) fhall be adjudged the reputed Father of fuch Child, notwithstanding his Denial thereof, and fhall ftand charged with the Maintenance thereof, with the Affiftance of the Mother, as the County Court in that County in which fuch Child is born fhall Order; and give Security to perform fuch Order, and alfo to fave the Town or Place where fuch Child is born free from Charge for its Maintenance: And the faid Court may commit to Prison fuch reputed Father, until he find Sureties for the fame: Unless the Proofs, Evidences and Pleas made and produced on the Part and Behalf of the Man accused as aforefaid, and other Circumstances be fuch as the Court who have Cognizance of the fa ne fhall fee Reaton to judge him innocent, and acquit him thereof; in which Cafe they fhall and may otherwife difpofe of fuch Child.

15

He who is ac

cafedbya wo

man to be the baftard child (being examined under oath) he to be charged with the maintainance;

father of her

Unless, &c.

And every Affiftant or Juftice of the Peace, (upon his Difcretion) may Affiftant or bind to the County Court, him that is charged with begetting fuch baftard juftice may Child: And if the Woman be not then delivered, the faid County Court bind to court. may order the Continuance or Renewal of his Bond, that he may be forth coming when fuch Child is born.

cafe, &c.

And be it further enacted by the Authority aforefaid, That the Selectmen of any Town interested in the Support of fuch baftard Child, (where Select-mento fufficient Security fhall not be offered, to fave faid Town from all Charge profecute in and Expence for the Support of fuch Child or Children) and the Woman omits to bring forward her Suit to recover Maintenance, may bring forward a Suit in Behalf of fuch Town against him who shall be accused of begetting fuch Child; and may also take up and purfue any Suit begun by the Mother of fuch Child, for Maintenance thereof, in Cafe fhe fhall fail to profecute the fame to final Judgment.

1

An Act to prevent the taking and ufing Boats and
Canoes, without Leave of the Owner.

E it enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the fame, That whoever fhall take and ute any Kind of Boat, or Canoe belonging to any other Perfon, other han fuch as fhall be taken up going a-drift, and loose from any fhore, or found when driven away and loft, without Liberty from the Owner or Owners thereof, fhall for every fuch Offence, forfeit and pay to the Owner or Owners thereof, the Sum of Six Shillings, over and above the Damages fuch Owner or Owners fhall fuftain by his or their Boat or Canoe being taken and ufed as aforefaid, to be recovered by an Action of Debt.

BE

An A&t for regulating the Affize of Bricks.

E it enacted by the Governor, Council, and Reprefentatives, in General Court
affembled, and by the Authority of the fame, That the Length of all
Bricks,

Penalty for taking and ufing boats.

16

Bricks length, &c.

Mould to be fhod.

Forfeiture.

Preamble.

Towns to

have their bounds fet out.

Bounds of Towns.

Bricks, made within this State, fhall be full eight Inches; and their
Breadth four Inches; and their Thickness two Inches.

And the upper Side of every Mould used to make Bricks in, or that
Side on which they are ftruck, fhall be fhod, or plaited with Iron.

And whofoever fhall put up to Sale any Bricks that are not made according to this Act, fhall forfeit all fuch Bricks, or the full Value thereof: One Half to the Complainer, and the other Half to the Treafury of the County wherein the Offence is committed.

An Act for ascertaining the Bounds of Towns, and the
Lands of particular Perfons.

Forafmuch as the Bounds of Towns, and the Lands of particular Perfons are and ought carefully to be maintained, kept up, and rendered manifeft and certain : Therefore,

E it enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the fame, That every Town in this State thall procure their Bounds to be fet out; which fhall be done by fuch Marks and Boundaries as may be a plain Direction for the future: Which Marks and Boundaries fhall be a great Heap of Stones, or a Ditch of fx Feet long, and two Feet and Half wide, of ordinary Depth, at every Corner of the Township; and in the Lines drawn, or running from Corner to Corner, one fuch Mark at least, in every eighty Rods.

And when their Bounds are carefully fet out as aforefaid, two or more Towns to re- Perfons fhalt by the Select-men of each Town, be appointed to renew the

new their

bounds.

Penalty for neglect.

Notice how given.

Charges how paid.

Proprietors of land to fet

up meerftones.

Bounds between their Towns, at least once in every Year, either in the Month of March, April, October or November, upon Penalty of Four Pounds Forfeiture, to be incurred by every Town who fhall neglect the fame; the one Half of which Forfeiture shall be to the Ufe of the neighbouring Town with whom they do refufe or neglect to join in Perambulation, or renewing the Marks, and the other Half to the County Treasury.

And the Select-men of the most ancient Town, are to give Notice to the Select-men of the next adjacent Towns, of the Time and Place of their Meeting for fuch Perambulation, fix Days beforehand.

And the Perfons appointed for fuch Perambulation, fhall go in their feveral Quarters, by Order of the Select-men, at the Charge of the refpective Towns which fend them.

And be it further enacted by the Authority aforesaid, That all particular Proprietors and Owners of Lands lying unfenced, or in a Common Field with others, thall bound every Parcel thereof with fufficient Meer-Stones of eighteen Inches long at least, whereof fix Inches fhall be above Ground; and fhall preferve and keep them fo, upon Penalty of forfeiting Ten Shillings for every Month in which they are not fo kept.

And if any particular Proprietor of Lands lying in Common as aforefaid, fhall refufe to go by himself, (or his Agent) to renew and perambulate the Penalty on Bounds between his Lands, and the Land of those whofe land lieth next proprietors for neglectto the fame, once a Year, in the Months of March or April; or else of ing to renew October or November, being requested thereunto by the adjoining Proprietor, their bounds. upon one Week's- Warning, he fhall forfeit for every Day's Neglect after fuch Warning, the Sum of Five Shillings: Half to the Party complaining and profecuting; the other Half to the Town Treasury.

Provifo.

Provided, All Breaches of this Act be complained of and profecuted to the next County Court in that County.

An

BE

Bridges.

An Act relating to Bridges.

E it enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the fame, That the Inhabitants of the feveral Towns in this State, fhall make, build, keep and maintain in good and fufficient Repair, all the needful Highways and Bridges within their refpective Townships; unless it belongs to any particular Perfon or Perfons to maintain fuch Bridge in any particular Cafe.

And when it is neceffary to build a Bridge a-crofs any River, which is the Boundary or dividing Line between any Towns, it fhall be the Duty of the Inhabitants of fuch Towns, to build and keep in good Repair all fuch Bridges; and each Town fhall pay an equal Part of the Expence of building and repairing the fame.

And that if it fhall fo happen at any Time, that any Perfon fhall lofe his Life, through the Defect or Infufficiency of any Bridge or High-way in any Township in this State, in paffing over any fuch Bridge or High-way, after due Warning given unto any of the Select-men of the Town in which fuch defective Bridge or High-way is, or to the Perfon who ought to maintain the fame, in Writing under the Hand of two Witneffes, or a Prefentment made to the County Court of the County in which fuch Town is, of fuch defective Ways or Bridges; that then the Town, or Person which ought to fecure and keep in fufficient Repair, fuch Ways or Bridges, fhall pay a Fine of One Hundred Pounds, to the Parents, Hufband, Wife, or Children, or next of Kin to the Perfon deceased.

And if it shall so happen that any Perfon fhall lofe a Limb, break a Bone, or receive any other Bruife or Breach in any Part of his Body, through, or by Means of fuch Defect aforefaid, the Town or Perfon through whofe Neglect fuch Hurt is done, fhall pay to the Party fo hurt or wounded, double Damages. And the like Satisfaction fhall be made for any Team, Cart, or CarriageHorse, or other Beaft or Loading, to the Owner thereof, in Proportion to the Damage sustained as aforefaid. All which Forfeitures and Damages to be recovered by Action, Bill, Plaint or Information.

And that fuch Bridges and Passages in Towns, may more effectually be kept in fufficient Repair, and fuck Damages prevented:

Be it further enated by the Authority aforefaid, That upon the Complaint of any fuch Town or Perfon, to any Affiftant or Juftice of the Peace, fuch Authority fhall be, and they are hereby refpectively fully impowered, to iffue a Warrant to the Conftable, to imprefs fuch Workmen in their Townfhip as fhall be needful to fecure and repair fuch defective Bridge or Paffage: Which Workmen fhall be paid by the Town, or Perfons to whom fuch Bridge and Paffage do belong to maintain.

And when the Inhabitants of any Town, fhall neglect or refuse to build or repair any Bridge a-crofs a River in a public High-way within the Bounds of fuch Town, or any Towns fhall not agree to build or repair any What method Bridge a-crofs a River that is the dividing Line between fuch Towns, to be taken, whereby the public Travelling is obftructed or incommoded; on Complaint when any thereof to the County Court by any Perfon or Perfons, faid Court is hereby impowered and directed (by a Committee or otherwife) to enquire into the public Neceffity and Conveniency of building and maintaining fuch Bridge, caufing due Notice to be given to one or more of the Select-men of fuch Town or Towns, to fhew Reafon (it any they have) why they fhould not be compelled to make or repair fuch Bridge; and if no fufficient Reafon be fhewn to the contrary, (and fuch Town or Towns do not undertake and build, or repair fuch Bridge within fuch Time as the Court fhall direct,}

town refufes to build or repair bridges in the dividing line, &c.