18 paid. Briefs. Burglary. Cafks. faid Court may appoint some suitable Perfon or Perfons to build or repair Expence how fuch Bridge; which being done, and the Expence thereof being liquidated and allowed by faid Court, the fame fhall be paid by the Inhabitants of the Town or Towns, whofe Duty it was to have made and maintained fuch Bridge; and Execution may be granted against them therefor accordingly. Briefs to be under the direction of governor & council. Burglary and robbery, attended with violence, &c. punished with death. tended with BE An Act relating to Briefs. E it enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the fame, That no Briefs craving the charitable Contributions of the People, in any of the Towns or Societies in this State, fhall be read or attended in any of the faid Towns or Societies, without it have the Allowance of the Governor and Council, and be by them directed into what Towns or Congregations it fhall pafs; (unless it be on fome fpecial Occafion, for any diftreffed or afflicted Perfon of their own Inhabitants) upon Penalty of the Forfeiture of Five Pounds, for every Person that shall read and publifh any such Brief, not allowed and directed as aforefaid; to be recovered of fuch Offender, by Bill, Plaint, or Information, in any Court of Record: One Third of which Penalty or Forfeiture fhall be to him that fhall inform and profecute to Effect; and the other two Thirds to the County Treasury. An Act for the Punishment of Burglary and Robbery. E it enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the fame, That whofoever fhall commit Burglary, by breaking up any Dwelling-Houfe or Shop, wherein Goods, Wares and Merchandize are depofited; or fhall commit Robbery, by robbing any Perfon in the Field or Highway; if in the Perpetration of faid Crimes, the Perfon or Perfons committing the fame, fhall be guilty of any perfonal Abuse, Force or Violence; or fhall be fo armed with any dangerous Armour or Weapon, as clearly to indicate their violent Intentions; fuch Perfon or Perfons, found guilty as aforefaid, and being thereof convicted before the Superior Court, fhall fuffer Death. And if upon the Trial for any of the Crimes aforefaid, the Commiffion thereof fhall not appear to be attended with the aggravated Circumstances of perfonal Terror, Force and Violence as aforefaid, the Perfon or Perfons When not at found guilty of faid Crime of Burglary or Robbery, fhall be punished with whipping on the naked Body, not exceeding forty Stripes, and with Imprifonment in any of the Goals or Work-houses in this State, there to be kept to hard Labour, not exceeding ten Years, at the Difcretion of the Superior Court before whom the Conviction is bad. And if any Perfon (hall be convicted a fecond Time for the Offence of Burglary or Robbery, he shall fuffer Death. terror, &c. how punished. Second offence, death. An Act for ascertaining the Affize of Cafks; and preventing Fraud in packing of Beef, Pork and Fish, for Sale. E it enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the fame, That the feveral Sorts of Cafks ufed in this State, for Liquor, Beef, Pork, Fifh, or other Commo dicies dities, fhall be of the Affize following, to wit, Butts to contain One hundred and Twenty-fix Gallons; Puncheons, Eighty-four Gallons; Hogfheads, Sixty-three Gallons; Barrels, Thirty-one Gallons and an Half; Tierces, Forty-two Gallons; and that all fuck Casks fhall be made of Contents of found, well-seasoned Timber, and free from Sap. That the Gallon fhall Casks. contain Two hundred and Thirty-one cubic Inches; and the Contents of each Cask in this Act expreffed, thall be measured, by taking the following Dimensions in Inches, and decimal Parts of an Inch, to wit, the bulge or bung Diameter, each head Diameter, and the Length within the Cafk; and these Dimensions to be computed by the Rule commonly called, and known by the Name of Gunter's Rule of Gauging. That each Barrel of Pork fhall contain Two hundred and twenty Pounds, Pork. and each Barrel of Beef Two hundred and forty Pounds. That the feveral Towns in this State, at their annual Town-Meetings, fhall chufe fome fit Perfon or Perfons to be Gaugers, and Packers, who Packers. fhall be fworn to a faithful Difcharge of their Office. And the Fee for Gaugers and gauging fhall be Eight Pence per Ton; and for packing each Barrel of Beef, Pork or Fish Six Pence. And every Packer shall take Care that all Cafks in which he shall pack any Beef, Pork, Fish, or other Goods committed to his Care, be good, and of true and full Affize, and contain the Weight and Quantity directed by this Act, and that the Provifions are good and Merchantable, on Penalty of Five Shillings for every Cafk that fhall be deficient. Their duty. Half barrels And if any of the before mentioned Provisions shall be packed in half Barrels or Firkins, the Contents fhall be in Proportion to the Rule afore- in proportion faid, and be marked on the Cask by the Packer. And whofoever fhall fell any Kind of Liquor ufually fold by Gauge, in Casks not gauged by the Rule enjoined by this Act, fhall forfeit and pay a Fine of Twenty Shillings. And whofoever fhall fell or fhip for Sale, any Pork, Beef or Fish that is not packed by a Packer duly qualified according to this Act, fhall forfeit and pay a Fine of Ten Shillings for each Barrel fo by him fold or shipped for Sale as aforefaid. Penalty. And every Gauger and Packer fhall brand every Cask by him gauged, Marked, &c. or in which Provifions or other Goods are by him packed, with the initial Letters of his own Name, and the Name of the Town to which he belongs. And every Cooper fhall fet his diftinct Brand or Mark on his own Cask, on Penalty of Ten Shillings. The feveral Penalties in this Act fhall belong Penalty. one Half to the Informer who fhall profecute to Effect, and the other Half to the Treasury of the Town wherein the Offence is committed. An Act for the marking of Cattle, Sheep and Swine. To prevent Disputes and Differences that may arife in the owning and claiming of Cattle, Sheep and Swine, that may be loft or stray away, E it enacted by the Governor, Council, and Representatives, in General Court affembled, and by the Authority of the fame, That all the Owners of Marks to be any Cattle, Sheep or Swine within this State, fhall Ear-mark or Brand all registered. their Cattle, Sheep and Swine that are above Half a Year old; and that they .fhall caufe their feveral Marks to be registered in the Town Book. And whatsoever Cattle, Sheep or Swine fhall be found unmarked and not branded as aforefaid, the Owners thereof fhall forfeit Two Shillings per Head: One Half thereof fhall be to the Complainer, and the other Half to the Town Treasury. Penalty, 20 Preamble. Children to Children. An Act for educating and governing of Children. Forafmuch as the Education and well Governing of Children is of fingular Benefit to a People: And whereas many Parents and Mafters are too negligent of their Duty in the Matter: E it enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the jame, That all Parents and Mafters of Children fhall, by themfelves or others, teach and inftruct, or cause to be taught and instructed, all fuch Children as are under their Care and Government, according to their Ability, to read the English Tongue well, and to know the Laws againft Capital Offences: And if be inftructed, unable to do fo much, then at least to learn fome fhort orthodox Catechifm without Book, fo as to be able to answer to the Queftions that fhall be propounded to them out of fuch Catechifm, by their Parents, Mafters, or Minifters, when they fhall call them to an Account of what they have learned of that Kind. &e. Penalty on parents, &c. for neglect of duty. Sele&-men to infpe&t, &c. Grand-jury to prefent &c. Children to be bro't up to calling, &c. fome honeft Stubborn children to be bound out &c. Stubborn, re bellions chil dren to be fent to a house of correction. And if any Parent or Mafter fhall neglect the performing what is by this Act required of them, every fuch Parent, or Mafter being thereof legally convicted before any one Affiftant or Justice of the Peace, shall forfeit and pay the Sum of Twenty Shillings, to and for the Ufe of the Poor of the Town whereto they belong. And that the Select-men of every Town in this State, in their feveral Precincts, and Quarters, fhall have a vigilant Eye and Inspection over their Brethren and Neighbours; and fee that none of them fuffer fo much Barbarism in any of their Families, as to want fuch Learning and Inftruction; and to take Care that due Profecutions be made for the Breach of this A&t. And the Grand-jury-men in each Town, are hereby required to take Care, and fee that what is by this Act required for the Education of Children, be duly performed; and to make Prefentment of all Breaches of this Act which fhall come to their Knowledge. And be it further enacted by the Authority aforefaid, That all Parents and Mafters, fhall employ and bring up their Children and Apprentices in fome honeft and lawful Calling, Labour or Employment, profitable for themselves and the State. And if the Select-men of the Town where fuch Parents or Mafters live, after Admonition by them given to fuch Parents or Mafters, fhall find them ftill negligent of their Duty, in the Particulars aforementioned in this Act; whereby fuch Children grow rude, ftubborn and unruly, fuch Select men (with the Advice of the next Affiftant or Juftice of the Peace) fhall take, and they are hereby fully authorized and impowered, to takė fuch Children and Apprentices from their Parents or Mafters, and place them with, and bind them to fome Mafter or Mafters; Males till they are Twenty-one Years of Age, and Females till they are Eighteen Years of Age; to the End they may be fuitably inftructed, employed and governed : Which binding fhall be good and effectual, for the holding and governing fuch Children, the Terms aforesaid. And that whatfoever Child or Servant, upon Complaint made, fhall be convicted of any stubborn or rebellious Carriage, against their Parents or Governors, before any two Affiftants or Juftices of the Peace, fuch Affiftants or Justices are hereby authorized and impowered, upon fuch Con- '. viction, to commit fuch Child or Servant to a House of Correction; there to remain under hard Labour and fevere Punishment, fo long as faid Authority fhall judge meet; who, on the Reformation of fuch Children and Servants, may order their Releafe, and return to their Parents or Masters aforefaid. An Communities. Confcience. An Act for enabling Communities to maintain, recover and defend their common Rights, Eftates and Interests. BE may be E it enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the Jame, That it fhall and lawful, for all and every Town, Trustees for Schools, Proprietors of common and undivided Lands, Grants, and other Eftates and Intereft, and all other lawful Societies or Communities whatever, to fue, commence and profecute any Suits or Actions, for the maintaining, recovery, or defence of their Grants, Interefts and Estates, in any Court proper to try the fame; and to appear either by Themfelves, Agents, or Attornies; and in like Manner to defend in all Suits and Actions, as fhall be brought or commenced against them. 21 Communities how to fue &c. And when any fuch Town, Trustees, Proprietors, or Society as aforefaid, Notice. fhall be fued, it fhall be fufficient Notice for them to appear and answer, to leave a true and an attefted Copy of the Writ or Summons, containing fuch Suit or Action, with their Clerk, or either of the Select-men or Committee-men, twelve Days before the fitting of the Court where the Cafe is to be heard; as in other Actions is provided. An Act for fecuring the Rights of Confcience in Mat- S the Happiness of a People, and the good Order of Civil Society, effentially depend upon Piety, Religion and Morality, it is the Duty of the Civil Authority to provide for the Support and Encouragement thereof; fo as that Chriftians of every Denomination, demeaning themselves peaceably, and as good Subjects of the State, may be equally under the Protection of the Laws: And Preamble. as the People of this State bave in general, been of one Profeffion in Matters of Faith, religious Worship, and the Mode of fettling and fupporting the Minifters of the Gospel, they have by Law been formed into Ecclefiaftical Societies, for the more convenient Support of their Worship and Miniftry: And to the End that other Denominations of Chriftians who diffent from the Worship and Ministry fo established and fupported, may enjoy free Liberty of Conscience in the Masters aforefaid: BE E it enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the fame, That no Perfons in this State, profeffing the Chriftian Religion, who foberly and confcientiously diffent from the Worship and Miniftry by Law established in the Society wherein they dwell, and attend public Worthip by themfelves, fhall incur any Penalty for not attending the Worship and Ministry so established, on the Lord's-Day, or on Account of their Meeting together by themselves on faid Day, for public Worship in a Way agreeable to their Confciences. And be it further enacted by the Authority aforefaid, That all Denominations of Chriftians differing in their religious Sentiments from the People of the established Societies in this State, whether of the Epifcopal Church, or those Congregationalifts called Separates, or of the People called Baptifts, or Quakers, or any other Denomination who fhall have formed themselves into diftinct Churches or Congregations, and attend public Worship, and fupport the gospel Miniftry in a Way agreeable to their Confciences and refpective Profeffions; and all Perfons who adhere to any of them, and dwell fo near to any Place of their Worship that they can and do ordinarily Diffenters not to incur any penalty for not attending &c. When ex empted from taxes, &c. attend 22 All diffenters the fame Conftables. attend the fame on the Sabbath, and contribute their due Proportion to the Support of the Worship and Miniftry where they fo attend, whether fuch Place of Worship be within this, or any adjoining State, and produce a Certificate thereof from fuch Church or Congregation, figned by their Order, by the Minister or other Officer thereof, and lodge the fame with the Clerk of the Society wherein fuch Perfon or Perfons dwell, every fuch Perfon fhall be exempted from being taxed for the Support of the Worship and Ministry of faid Society, fo long as he or they fhall continue fo to attend and support public Worship with a different Church or Congregation as aforefaid. And be it further enacted by the Authority aforefaid, That all fuch Proteftant Churches and Congregations as diffent from the Worship and Miniftry established as aforefaid, and who maintain and attend public Worship by powers, &c. themselves, fhall have Liberty and Authority to use and exercise the fame Powers and Privileges for maintaining and fupporting their refpective Minifters, and building and repairing their Meeting-Houfes for the public Worship of God, as the Ecclefiaftical Societies, conftituted by Act of the General Affembly of this State by Law have and do exercise and enjoy; and in the fame Manner may commence and hold their Meetings, and tranfact their Affairs, as Occafion may require for the Purpose aforefaid. To pay taxes for the fup port of public worship. Disqualified from voting in fociety meetings. Conftables yearly chofen One to collect ftate taxes. Perfons ten rant from And all Perfons fhall be taxed for the Support of the Miniftry and other Charges of the Society wherein they dwell, who do not attend and help Support any other public Worship; any Thing in this Act notwithstanding. And every Perfon claiming the Benefit of this Act, fhall be difqualified to vote in any Society Meeting, fave only for granting Taxes for the Support of Schools, and for the Eftablifhment of Rules and Regulations for Schools, and the Education of Children in them. BE An A&t relating to Conftables. E it enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the fame, That the Constables in each Town in this State, fhall be yearly chofen to that Office; and fworn by fome Affiftant or Juftice of the Peace; or where there are no fuch Authrity in any Town, by the Town-Clerk of that Town, before the firft Day of January in each Year. And that one, and but one Conftable, fhali be appointed by each Town, to levy and gather their State Taxes, and make up their Accounts thereof with the Treasurer. That every Perfon tendered to any Conftable, of any Town in this State, by any Conftable or other Officer belonging to any of the neighbouring States, with a Warrant from any of their Authority, fhall prefently be redered by war- ceived and forthwith conveyed from Conftable to Conftable, by the respective Constables in this State, until fuch Perfon fhall be brought unto neighbouring the Place to which he or fhe is fent, or before fome Affilant or Juftice ftates, to be tranfported, of the Peace in this State; who fhall difpofe of him or them as the Justice &c. of the Cause shall require: And that the Coft of transporting fuch Perfons as belong out of this State, fhall be paid out of the State Treafury; and for fuch as belong to any Town of this State, out of the Treafury of the Towa to which fuch Conftable belongs. Hue-anderies. That every Conftable fhall duly receive all Hue-and-cries; and the fame diligently pursue to full Effect; fuch as are granted and fent out after Capital or Criminal Offenders, at the Coft and Charge of this State; but fuch as are taken out by particular Perfons in ir own Cafes, at the Cost and Charge of those who take them out, That |