An Act, For Continuing the Local Laws, to Stand in Force, till November the 10th. 1692.

BE it Ordered and Enacted, By the Governour, Coun­cil and Representatives Convened in General Assembly, and it is hereby, Ordered and Enacted, By the Autho­rity of the Same, That all the Local Laws Respectively Ordered and Made by the Late Governour, and Company of the Massa­chusets-Bay, and the Late Government of New Plymouth, being not Repugnant to the Laws of England, nor Incon­sistent with the Present Constitution and Settlemtent by Their Majesties Royal Charter, Do Remain and Continue in Full Force in the Respective Places, for which they were Made and Used, until the Tenth Day of November Next; Except in Cases where other Provision is or shall be made by this Court, or Assembly.

And all Persons are Required to conform themselves accordingly; And the several Justices are hereby Impowred to the Execution of Said Laws as the Magistrates formerly were.

An Act For Enforcing the Collecting and Paying in the Arrears of Publick Assessments, &c.

WHereas by the Late Governments within the Colonies of the Massachusets and New-Plimouth, now by Their Majesties ROYAL CHARTER United and Incorporated, Several Publick Taxes and Assessments have respectively been granted for the Security and Defence of Their Majesties Subjects and Interests, and the Defraying of the Publick Charges arising by the War, with Their Majesties E­nemies, French and Indians, since the First Day of October, ONE THOUSAND SIX HUNDRED EIGHTY NINE. And have been [Page 2]committed unto the Constables or other Persons appointed Collectors with­in the Respective Towns and Villages, to Collect and Gather in, the Time pre­fixed for paying in of the same unto the Treasurers or Receivers respectively ap­pointed in the said Colonies being some time since past, and a considerable part of every of the said Assessments being behind Uncollected, of at least not paid in unto the said Treasurers or Receivers, and the Country being Indebted unto several particular Persons for Service done, And others who have advanced Mo­neys for carrying on and defraying of the Charges arising by the War, upon the Credit of said Assessments.—

BE if therefore Ordered and Enacted By the Governour, Council, and Representatives Convened in General As­sembly; And it is hereby Ordered and Enacted By the Autho­rity of the same, That all and every Constable and Constables or other Collect­ors within the Respective Towns and Villages within this Province, who at any time since the said first day of October, One Thousand Six Hundred Eighty Nine have had any of the Publick Assessments granted as aforesaid committed unto them, or any of them to Collect and Pay in as aforesaid, who have not perfected their said Collections, and adjusted and issued their Accounts thereof with the Respective Treasurers as by Order of Court, or Warrant they are Di­rected, Be and are hereby fully Authorized and Impowred, to Collect, and Ga­ther in the Arrearges of all such Publick Taxes and Assessments, And to do and Execute therein all and whatsoever shall or may be needful for the Effectual Pur­suing of the Same, as by Order or Warrant they might at any time heretofore have Lawfully done by such Rules, Methods and Directions of Law, as have lately been used, and in Force; The Dismissing of any such Person or Persons, from his or their Office, of Constable or any alteration of the Goverment, since made notwithstanding. And all and every such Constables or Collectors, are like­wise Enjoyned and Required to Make up, Settle, and Adjust their Accompts, & Payments, of all Publick Assessments committed unto them, as aforesaid with the Respective Treasurers, or Receivers, as Per Order or Warrant, they are Directed on or before the first Day of November next, after the Date hereof. And in case any Constable, or Collector, shall Neglect, and Fail of performing his Duty, in this behalf. That then the Sheriff of the County by Warrant from the Trea­surer, shall Levy all such Arrears, by Distress, & Sale of Goods of such defective Constable or Collector. Returning the Overplus (if any be,) And if no Goods can be found, then to take the Body of such Constable or Collector, and Commit him to Prison. And all such Constables or Collectors where the Defect doth not happen, through their own Default, shall be Relieved by the Town, and the Select men are to make due provision for the same.

An Act, For Collecting the Arrears, of Town and Country Rates.

WHereas several Taxes or Assessments, necessary for the Support of the Ministy, and other Publick Charges, arising in the several Counties, and Towns, within this Province, have been laid upon the Inhabitants, and Or­derly committed to the Constables or Collectors, by the Select men, or Assessors, in the several Towns, since the first Day of May, in the Year, One Thousand Six Hundred Eighty and Nine, and in many places remains uncollected, and unpaid; in whole, or in part.

Be it therefore Ordered, and Enacted, By His Excellency, the Governour, Council, and Representatives, in Ge­neral Assembly, and by the Authority of the same, it is Enacted, That all such Constables and Collectors, be Authorized, and Required, and are hereby Authorized, and Required to Collect all such Rates, or Assessments so committed to him, or them, that remain yet Uncollected, and to pay the same unto the County Treasurer in each County Respe­ctively, or Select Men in being in each Town Respectively where they were made, and to be improved to the use, or uses, for the which they were granted, and to finish their Accompts with them, at or before the Tenth Day of December next ensuing, on Penalty of Forty Shillings Per Month, for every Month's default after the said Tenth Day of December, to be recovered by the County Treasurer, or Select Men Respectively of any such Defective Constables or Collectors, at any Court of Pleas in the same county. And where any Constables or Collectors are Dead, or Removed, and the Assessments committed to them, remain Uncollected, or any part thereof; the Select Men are Impowred & Required, to depute meet persons to Collect the same, and the persons so deputed are required to Collect what so remains, and to pay the same accordingly.

And it is further ORDERED, that in any County. Town or Towns, where such Tax or Taxes, have been agreed on since the said first Day of May, and not Assessed upon the Inhabitants, the Select Men of the several Towns, are hereby Required forthwith to make such Rates or Assessments, and commit them with Warrant to their Constables, on the like Penalty, of Forty Shillings Money for every Month's defect, and to cause them to be collected accompted for and paid as aforesaid.

An Act, For the Granting to Their Majesties an As­sessment upon Polls and Estates.

WE Their Majesties Loyal and Dutiful Subjects, the Representa­tives of Their Majesties Province of the Massachusets-Bay in New-England, Convened in General Assembly, being sensible of the Necessity of Raising Moneys for the Defence of Their Majesties Subject, and Interests, and Prosecution of the War against their French and Indian Enemies, and for the Defraying of other the Publick Char­ges of the Province. Do Unammously and Chearfully grant unto Their Most Excellent Majesties, their Heirs and Successors, to the End and Intents afore­said, a Rate or fax to be Assessed upon the Free-holders, Inhabitants, and other Their Majesties Subjects, Resident within the said Province, in manner as is here­after after [...]; be paid in Mony, or to the Satisfaction of the Treasurer

And Pray that it may be Enacted, And be it accordingly Enact­ed By the Governour, Council and Representatives, Convened in General Assembly. And it is Enacted and Ordained by the Autho­rity of the same. That the Treasurer do forthwith send forth his War­rants to the [...] Men of each Town within this Province, requiring the said Select Men, to Cause the Inhabitants of such Town to meet together some time in the Month of July next; who being so Assembled, are Required to Choose one of their Free-holders to be a Commissioner for said Town, which Commissioner together with the Select-Men within the Month of August fol­lowing, shall make a true List of all the Male Persons in the said Town, from sixteen Years Old and Upwards; and a true Estimation of the Just Yearly Vaine and Income, so near as they can by all lawful means, which they may use, of all Estates Real and Personal being, or reputed to be the Estate of all and every the Persons in the same Town, or under their Custody or Manage­ment. All which Persons and Estates, are by the said Commissioner and Select-Men to be Taxed and Assessed as followeth, viz. Every Person aforesaid at Ten Shillings by the Poll (except the Members of the Council, Settled Mi­nisters, and Grammar School-Masters, and others Devoted to the Ministry, and Students or the Colledge) and all Houses, Lands, Stock, Goods and Merchan­dizes and Estates whatever, Real and Personal at a quarter part of one years Value or Income thereof. All persons who through Age or Infirmity, are un­able to manage their Affairs, are to be free of the Poll-Tax; at the discretion of the Select-Men.

And it is further Enacted, That the Commissioner of each Town, upon the First Wednesday of September next, shall carry the Lists of said Town, unto the Shire Town, within the same County, where the Commissioners of [Page 5]the several, Towns shall meet together to Peruse, Examine, Correct and Per­fect the said Lists; which Lists so Examined, Perfected and Signed by the ma­jor part of the said Commissioners so met, shall by one of the said Commissio­ners, whom the rest shall appoint thereto, be forthwith Transmitted unto the Treasurer, with upon the Receipe thereof, shall Issue forth his Warrants to the Constables of the Respective Towns, to Collect the Sum Total of each List upon the Inhabitant of such Towns, according to their respective proportion: And in case any person or persons shall neglect, or refuse to make payment of the Sum or Sums so Assessed upon them; then to Levy the same by [...] and Sale of Goods of such person or persons so neglecting of refusing; returning the Over-plus, if any be. And the Constables are to pay in unto the Treasurer the one half of the said Tax, at or before the Twenty Fifth of December next, and the other Half at or before the First Day of May following, and make up their Accompts with the said Preasurer by the first of June next, on pain of Forfeiting Ten Pounds in Mony unto Their Majesties, for the Sup­port of the Government. As also to pay all Arrears of Said Assessments, The Said TEN POUND Forfeiture: And Arrears to be Sued for, and Reco­vered by the Treasurer, in the Inferiour Court of Pleas, in the County where such Constable lives, by Bill, Plaint, Action or Information.

Provided also, that where Persons, who are not Settled Inhabitants, and their Estates being Rated, yet are removed and gone before the same can be Collect­ed, it shall be abated to the Constable that was to Collect the same. Certifi­cate thereof being given by the Select-Men.

And it is further Enacted by the Authority aforesaid, That this Act for the granting to Their Majesties an Assessment upon Polls and Estates, shall continue in Force only for this present Levy, and no longer. Any thing to the contrary notwithstanding.

An Act, For Impost, Excise, and Tonnage of Ship­ping.

WE Their Majesties most Loyal, and Dutiful Subjects, the Representatives, of this their Majesties Province, Conve­ned in General Assembly, being duely sensible of the great Charges and Expences, which have already arisen, and must necessarily be Daily Growing and Increasing, in Defending and Securing, of Their Majesties Subjects and Interests, and in the Prosecuting of the War, against their French and Indian Enemies: have Chearfully and Ʋnanimously Given and Granted, and do hereby Give and [Page 6]Grant unto their most Excellent Majesties, Their Heirs and Successours, to the End and Intent aforesaid; and for the Defraying of other the neccessary and Contingent Charges, in and about the Support of the Government of this their Majesties Province, the several Duties Impost and Excise on the Wines, Liquours and Goods hereafter mentioned. And humbly beseech their Majesties to accept the same.

And that it may be Enacted, and be it Enacted, By the Governour, Council and Representatives in General Court Assembled. And it is hereby Enacted, and Ordai­ned, By the Authority of the Same, That from and after the twenty ninth. Day of this Instant June, In the Year of Our Lord, One Thousand Six Hundred Ninety and Two there shall be paid by the Importer, for all Wines or Liquours, and Goods hereafter specifyed that shall be Imported into this Province, the Rates hereafter mentioned.

That is to say, for every Pipe of common Fyall Wine th summe of one Pound, Every Pipe of Passada wine, one Pound Fifteen Shillings, Every Pipe of Madera Wine, one Pound Ten Shillings, Every Pipe of Canary, Mallage, & Sherry Wines, Two Pounds Every Pipe of Port Wine, one Pound Five Shil­lings, and so Proportionably for greater or lesser quantities, and for every Gallen of Rum or other Spirits Imported as aforesaid, Six pence. All which Imposts as aforesaid, shall be paid in Currant Money of this Province, the one half at or before the Landing thereof, the other half to be allowed three Month's for payment, Provided there be Bond and Security given to the Commissioners ap­pointed by this Act, or such as they shall appoint, for the payment thereof at time as aforesaid.

And it is further Enacted by the Authority aforesaid, That every Merchant or other Person Importing any Wines or other Liquors into this Province, shall be allowed Twelve per Cent for Leakage: Pro­vided said Wines have not been filled up Aboard. And that every Hogshead of Wine or other Liquors that shall not have full seven Inches left therein, and e­very Butt or Pipe of Wine, or other Liquors that hath not nine Inche; left therein shall be accomred for Outs, and the Merchant or Importer to pay no Impost or Duty for the same.

And it is hereby further Enacted and Decla­red by the Authority aforesaid. That if all or any Wines or Liquors as aforesaid be Landed, and afterwards be Exported out of the Pro­vince within Nine Months after Importation thereof, there shall be Repayed or Discounted by said Commissioners, or their Order, unto the Importers or their Assigns, two third parts of what they Paid or Secured to be paid, for so much as they Export; he or they making Oath, That it is the same Wines, or Liquors, for which the whole Duty had been duly paid or secured to be paid: And that its Exported within the time limited as aforesaid by this Act.

And it is also Enacted by the Authority aforesaid, That for all Goods, Wares and Merchandizes that shall be Imported to any part of this Province, after the twenty ninth day of this Instant June ( Sale, Cotton-Wool, Provisions, and every other thing of the growth and product of New-En­gland [Page 7]only Excepted) there shall be paid by the Importer, the several Imposts and Duties following, That is to say, For every Hundred Pound Sterling in English Merchandizes, at the prime cost in England (the Invoices thereof to be produced and shown) the sum of Ten Shillings.

• For every Hogshead of Sugar, one shilling.
• For every Hogshead of Molasses, six-pence.
• For every Hogshead of Tobacco, six-pence.
• For every Ton of Logg-wood, one shilling.

And for all other Commodities, Goods, Wares, and Merchandizes (except as before excepted) One Penny for every Twenty Shillings value here. All Entries where the Impost or Duty to be paid, doth not exceed Four Shillings, to be made without Charge to the Importer. And not more than six-pence to be paid for any other single Entry to what value soever.

And the better to prevent Fraud, It is further Enacted. By the Authority aforesaid, That all Merchants, Factors, or other Person or Persons, Importers, being Owners of, or having any of the Wines, Liquors, Goods, Wares, and Merchandizes Consigned to them, that by this Act are liable to pay Impost or Duty. Such Person or Persons shall by themselves, or, order, cause the same to be Entred with said Commissioners or such as they shall ap­point; and pay their Duty, or secure the same to be paid, as by this ACT is provided, before such Wines, Liquors, Goods, or Merchandize be Landed or Put into any Boat or Vessel, in order to be Landed, on the Forfeiture of such Wines, Liquors, Goods, Wares, and Merchandize, so Landed, or Put into any Boat or Vessel, in order to be Landed: One third part to Their Majesties, one third part to the Governour, one third part to the Informer, that shall Sue for the same, by Bill, Plaint or Information, in any Court of Record within this Province: Any thing in this Act, or any other to the contrary not­withstanding.

And all manner of Persons, are hereby required, to be aiding, and assist­ing the said Commissioners, their Agents, the Informer, Discoverer or Seizor of such Wines, Liquors or Goods so Landed or Unloaden contrary to the true Intent and Meaning of this Act.

And it is further Enacted, That it shall and may be lawful for such as are Impowred or Improved by the Commissioners, or for the Informer or Discoverer, by Warrant from the Lievtenant Governour, or any Justice of the Peace, within this Province, (to that purpose first obtain­ed) with one Constable or more, to Search according to Law, all manner of Houses, Cellars, & Ware-houses, for such Wines & Liquors, as they, or any of them shall be informed were carried there to be Concealed, in prejudice to the true meaning of this Act, and with Intent to defraud Their Majesties of their said Duties. And such Wines and Liquors so found, shall be forfeited and condemned in manner and form before mentioned. Always provided [Page 8]that such Search be made in the day time, and within the space of one month after the Offence supposed to be committed.

Provided also, That if the Information, whereupon any House shall come to be Searched, shall prove to be false, That then, and in such case, the Par­ty injured shall recover his full Damages and Costs against the Informer, by Action of Trespass to be therefore brought against such Informer:

And it is further Enacted and Ordained, By the Authority aforesaid. That there shall be given and granted, and paid unto Their Majesties, their Heirs and Successors for the Uses aforesaid. An Excise upon all Wines, Brandy, Rhum, and other Distilled Liquors, Perry, Beer, Ale, Cyder and Methiglin, that shall be Sold by Retail in any Town or Place within this Province, by those that shall Retail the same, in manner and form as is herereafter Expressed and Declared: That is to say,

• For every Gallon of common Fyal-wine, the Sum of Six-pence.
• Every Gallon of Passado, Malago, Canary, and Sherry, the sum of Twelve-pence.
• Every Gallon of Madera, the sum of Eight-pence.
• Every gallon of Rhum, and all other sorts of Distilled Spirits, the sum of One Shilling.
• Every Barril of Perry, Beer, Ale, and Cy­der, the sum of One Shilling and six-pence.
• And every gallon of Metheglin, the sum of Four-pence.

All Currant Money of this Province, and after that Rate, for any greater or lesser Quantities.

And for the due and orderly Collecting and Receiving of the Excise aforesaid.

It is hereby further Enacted and Declared by the Authority aforesaid, That all Retailers of Wine, Brandy, Rhum, and other Distilled Liquors, Perry, Beer, Ale, Cyder [Page 9]and Metheglin within this Province, having any of the said Li­quors in their Respective Houses, or else-where belonging unto them; at the time of the Publishing of this Act, shall make due Entry, and pay the Duties and Excise aforesaid, for the same as is herein before-mentioned. And upon their further Receipt or Pur­chase of all, or any of the Liquors before-mentioned, shall within twenty four Hours after the Receipt or Purchase thereof, make Entry with the said Commissioners or such Person or Persons that shall be appointed to Receive and Collect the same, and pay the Duties and Excise aforesaid, under the penalty of Forfeiture of all such Liquors as shall be found in any Retailers House, not being duely Entred, and the Excise paid as aforesaid, and every Retailer who shall make his own Cyder, and Metheglin, Brew his own Beer, or Ale, or Distill strong Liquors, shall from time to time, and at all times, when he or they shall make, brew, or distill the same, make Entry with said Commissioners, or such other Person or Persons as for that purpose shall be appointed, of all such Cyder, Metheglin, Ale, Beer, or Distilled Liquors, by them made, brewed or distilled, and pay the Excise as aforesaid, under the like penalty and forfeiture of all such Liquors as shall be found in any Re­tailers House not Entred, and the Excise thereof not paid in man­ner before Expressed, and to that end, it shall and may be law­ful to and for such Officer or Officers as by the Commissioners shall be Appointed and Impowred, when, and so often; as he or they shall think fit, in the day time, to Enter into any Retailers House, Cellar or Ware-house to Search for such Wines or Liquors, &c. as are not duely Entred, nor the Excise paid for the same, and such Wines or Liquors, &c. so found, to Seiz and Secure in order to the Tryal, & Conviction thereof, & to gage any Cask or Casks for that end & purpose. Provided always, That it shall and may be lawful to and for the Commissioners to agree with any Retailer for his Excise, for one whole year, in one intire Sum to be paid quarterly, as they in their dis­cretion shall think fit to agree for, without making any Entry as afore­said.

And it is further Enacted by the Authority aforesaid That no Person or Persons, on any pretence or colour whatsoe­ver for the future, shall or may take in, receive, harbour, entertain, keep or conceal, in his or their Dwelling-Houses, Cellars, or Ware-houses, any quantity or Parcel of Wines or other Liquors, belonging to any Li­censed Person or Persons; Retailer or Retailers, under the penalty of forfeiture of Twenty Pounds for every such Quantity or Parcel of Wines or other Liquors so taken or received, harboured, entertained, kept and concealed as aforesaid.

All which Penalties and Forfeitures (one half to Their Majesties, their Heirs and Successors, for the Support of the Government, the other Moi­ty to the Informer that shall Sue for the same) shall be recovered by Bill, Plaint or Information, in any Court of Record within this Province where­in no Essoyn, Protection, Wager of Law, Non vult ulterius Projequi or In­junction shall be allow'd. Any thing in this Act or any other to the con­trary thereof in any wife notwithstanding. And all manner of Persons are hereby Required, to be aiding and assisting to the Officer or Offi­cers, as shall be appointed to Collect and Receive the Excise aforesaid in the due Execution of their Respective Offices.

And it is further Enacted by the Authority aforesaid, That there be Commissioners nominated, appointed and Com­missioned by the Governour and Council, to Receive all Entries, and to transact and manage all and whatsoever doth relare unto this Act, and the due observance thereof; which Commissioners shall Appoint and Employ such and so many Officers under them, as they shall find needful for that purpose, the said Commissioners, and all other Officers to be Employed under them, before their Entring upon the Execution of their respe­ctive Offices, shall be Sworn before the Governour, or Lievtenant Gover­nour, or one, or more Members of the Council, or two Justices of the Peace, to deal truly and faithfully in the Execution of the same; which aforesaid Commissioners for their own Service and Labour in this Affair, and the payment of all their Under Officers and Charges whatsoever shall be allowed, one just sixth part of all such Moneys as shall be Collected and brought into the Publick Treasury, by vertue of this Act, the said Commissioners to account with the Treasurer for all their Collections.

And it is likewise further Enacted and De­clared by the Authority aforesaid, That every Ship or Vessel above Twelve Tons coming into any Port or Ports of this Province, to Trade or Traffick, the major part of the Owners whereof are not belonging to this Province, shall every Voyage they make, pay twelve pence per Tun, or one pound of good and new Gunpowder for each Tun. Such Ship or Vessel is in Burthen, to be imployed for the Supply of Their Majesties Castles and Forts within this Province, to be received by the Treasurer, or such other, as in the several Ports or Places shall be appointed to receive the sanse.

And it is hereby Enacted and Declared by the Authority aforesaid, That this present Act, Entituled, An Act, For Impost, Excise; and Tonage of Shipping, shall remain and continue in force for the term and space of one whole year, and no longer: A­ny thing herein before contained to the contrary thereof in any wise not­withstanding.

An Act, For the Erecting of a Naval-Office.

WHereas by Act of Parliament, made in the Fifteenth Year of King Charles the Second, Entituled, An Act for the En­couragement of Trade, It is Provided, That no Ship or Ves­sel, coming to any Land, Island, Plantation, Colony, or Territory, or Place, to His Majesty or Heirs and Successors belonging in America, shall Lade or Unlade any Goods or Commodities whatsoever, un­til the Master or Commander of such Ship or Vessel, shall first have made known to the Governour of such Land, Island, Plantation, Colony Terri­tory or Place, or such other Person or Officer, as shall be by him thereunto Authorized and Appointed, the Arrival of the said Ship or Vessel, with her Name, and the Name and Surname of her Master or Commander, and have shewn to him, that she is an English-built Ship, or made good, by producing Certificate, that she is a Ship or Vessel free, and Navigated with an English Master, and three fourth parts of the Mari­ners English Men, under the pain of the Loss of Ship or Vessel and Ap­parel. Now for the due and more effectual observation of said Act of Parlia­ment, and that all undue Trading contrary to the said Act may be pre­vented in this Their Majesties Province of the Massachusets-Bay.

Be it Enacted and Ordained by the Gover­nour, Council and Representatives in General Assembly Convened.

And it it is hereby Enacted and Ordained by the Authority of the same. That in the several Ports and Places hereafter mentioned, there shall be a Naval Office Erected, wherein the Officers by the Governour to be appointed, for the ends aforesaid, shall duely attend: That is to say, At Boston, for the Port of Boston and Charlstown; at Salem, for the Port of Salem and Marble-head; at Ipswich, at Newbury, at Ki [...]ery, at Plimouth, and at Bristol: At which Naval-Office, all Masters of Ships or Vessels arriving in this Province, shall make their Entry with the Officer, according as the said Act of Parliament requires.

And be it also Enacted by the Authority aforesaid, That all Masters of Ships or Vessels, Sailing out of this Pro­vince, shall before their Sailing out thereof, Clear their said Ships or Ves­sels in the said Naval-Office. And that an Officer be appointed at Mar­tha's Vineyard, and another at Nantucket, to Enter and Clear all Vessels passing to and from thence, but not to be accounted Ports, for the Unli­very or Lading of any of the Enumerated Commodities. And the Fees in the said Office to be demanded and received, shall be these following, and no other, viz.

And the said Naval Officer is hereby Impowred to Administer the Oaths, required by said Act of Parliament.

An Act, For Making the Former Bills of Cre­dit, to Pass Currant, in Future Pay­ments.

WHereas Their Majesties Affairs within this Province, do re­quire a speedy advance for the Defence of the Province, and the Prosecution of the War, against Their French and Indian Enemies, and there being no Stock at present in the [Page 13]Treasury to supply the same, or to defray other the Necessary Charges for Support of the Government.

Be it therefore Ordained, and Enacted By the Governour, Council and Representatives, Convened in Ge­neral Assembly. And it is Enacted, by the Autho­rity of the same, That all Bills of Public Credit issued forth, by Order of the General Court of the late Colony of the Massachusets-Bay, shall pass Currant within this Province, in all Payments Equivalent to Money, for the sum in each Bill respectively mentioned (excepting all Specialties and Contracts made before Publication hereof;) and in all Publick payments, at Five Per Cent, advance. And for Encouragement to such Person or Persons, as are Possessors of said Bills, to lend them for the Service of the Publick. It is further Enacted, by the Authority aforesaid, That they and every of them, who shall so do, be secured by the Publick Taxes and other Revenues, arising within this Province already Granted, and shall be reimburst and paid in money within the space of Twelve Moneths, out of the said Taxes and Revenues, such sum and summs, as he or they shall Respectively so lend, and deliver unto the Treasurer of this Their Majesties Province, in Bills as aforesaid, to be made to appear by Receipt. Provided that such of said Bills, and no other, as shall be Indorsed by Capt. Jeremiah Dummer, and Mr. Francis Burroughs, shall be accounted Currant, Excepting for payment of those Rates, that were Grant­ed before the Arrival of His Excellency the Govenour. And the said Capt. Jeremiah Dummer, and Mr. Francis Burroughs, are hereby appointed to Receive in all Bills which any Person or Persons shall lend as aforesaid, and deliver the same to the Treasurer.

Provided also, that all Persons, who shall lend their Bills, as aforesaid, shall have Credit for all Summs, which they shall have to pay in all publick payments whatsoever; being Bona Fide, for their own account, to be allowed them by discount, upon a Note from the Treasurer.

An Act, For Transporting of part of the Militia, of the Province, Or Obliging Them to March to the Relief of the Neigh­bouring Provinces, or Colonies.

FOrasmuch as in this time of War, there may be Occasion for the Raising of Soul­diers, and Transporting or Marching of them out of the Limits of this Province, into the Neighbouring Provinces and Colonies of New Hampshire, Rhode Island. Connecticut, Narragansett, or New York, for the prosecuti­on of the French or Indian Enemy, and the Defence of Their Majesties Subjects, and In­trests. Be it Enacted and Ordained by the Governour Council and Representatives, Con­vened in General Court. And it is Enacted By the Authority of the same, That in the Vacancy of the General Assembly, it shall be in the Liberty of His Excellency the present Go­vernour, by and with the advice and consent of the Council, to Raise, and Transport, such part of the Militia of this Province, as they shall find needful, or Oblige them to March into any of the before-named Provinces or Colonies, for [Page 15]the ends aforesaid, at any Time or Times, with­in the Space of Six months next, and at no time afterward, without their Free and Voluntary consent, or the consent of the Great and Gene­ral Court or Assembly; any thing in this pre­sent Act, contained to the contrary thereof, in any wise notwithstanding.

An Act, For the Holding of Courts of Justice.

FOrasmuch as the orderly Regulation, and Well-Establishment of Courts of Justice is of great Concernment. And the Publick Occasions with reference to the War, and otherwise being so Pressing at this Season, that this Court cannot now conveniently Sit longer to Advise upon, and fully Settle the same. But to the Intent that Justice be not Obstructed, or Delayed.

Be it Ordained and Enacted by the Go­vernour, Council and Representatives, Conve­ned in General Assembly, and it is Ordained by the Authority of the same. That on or before the last Tuesday of July next, there be a General Sessions of the Peace, Held and Kept in each Respective County within this Province, by the Justices of the same County, or three of them at the least, (the first Justice of the Quorum then present to Preside) who are hereby Impowred to Hear and Determine all Matters Relating to the Conservation of the Peace, and whatsoever is by them Cognizable according to Law. And to Grant Licenses to such Persons within the same County, being first approved of [Page 16]by the Select-Men of each Town, where such Persons Dwell, whom they shall think fit, to be Employed as Inholders, or Retailers of Wines, or strong Liquors. And that a Sessions of the Peace be successively Held and Kept as aforesaid, within the several Counties at the same times, and places, as the County Courts, or Inferior Courts of Common Pleas, are herein after ap­pointed to be Kept.

And it is further Enacted by the Authority aforesaid, That the County Courts, or Inferior Courts of Common-Pleas, be Held and Kept in each Respective County, by the Justices of the same County, or three of them at the least, (the first Justice of the Quorum then present to Preside) at the same times and Places they have been formerly Kept according to Law, for the Hearing and Determining of all Civil Acti­ons arising or happening within the same, Triable at the Common Law, according to former Usage. The Justices for Holding and Keeping of the said Court within the County of Suffolk, to be particularly appointed and Commissioned by the Governour, with the Advice and Consent of the Council. And that all Writts, or Attachments shall Issue out of the Clerks Office of the said several Courts. Signed by the Clerk of such Court, di­rected unto the Sheriff of the County, his Under-Sheriff, or Deputy: The Jurors to Serve at said Courts, to be Chosen according to former Custome, by and of the Freeholders, and other Inhabitants, qualified as is directed in Their Majesties Royal Charter.

This Act to Continue untill other provision be made by the GENERAL COURT or ASSEMBLY.