SEVERAL Laws and Orders Made at the Generall Court of
ELECTION Held at
Boston, May 19
th 1669.
And Printed and Published by their Order,
June 4. 1669. EDW RAWSON Secret'.
Order to Rate all Goods and Provisions imported into this Jurisdiction.
THis Court taking notice of sundry Complaints, of much Inequality in the present way of Raising Moneys to defray Publick Charges; Do therefore Order, and by the Authority of this Court be it Ordered and Enacted:
I.
That all Goods, Wares, Merchandizes and Provisions of all sorts (excepting Fish, Sheeps wooll, Cotton-wooll, Salt, and such other things as by former Laws are exempted, or otherwise provided for) which from any forreign part, or other Jurisdiction, shall be imported into any of our Harbours, Ports, Shores, or elsewhere within this Jurisdiction, shall be Rated in a just proportion with Estates rateable in the Country, viz. for every Twenty shillings value shall be paid One peny in money.
II.
All Goods, Wares and Merchandizes as aforesaid, shall be here valued as followeth; that is, Every hundred pounds at the Port or place from whence it came, to be accounted here at One hundred and twenty pounds: which peny per twenty shillings shall be [Page 22] paid by the Agent, Factor, Owner, or other person, by whom they are brought, or to whom they are sent or consigned; and so according to the same proportion for all greater or lesser quantities whatsoever.
III.
To which end, all goods and provisions as aforesaid imported, shall by the Master, Purser, Boatswain, or Skipper of each Ship, or other vessel in which they are brought, before breaking bulk, or landing any of the said goods, be certified unto the Country Treasurer, or Collector by him impowered in the several Port Towns, or other places where they are brought, on penalty of forfeiture of twenty shillings per Tun, according to the burthen of the Ship or vessel wherein they are brought from time to time.
IV.
And all and every such Collector shall carefully and truely enter all such goods, with their several Marks, Casks, Packs, Fardels, Trusses, Chests, Trunks, Cases, and all other things how ever called or distinguished, with the Names of the persons to whom such goods or other things are sent and consigned, or are owners thereof, so far as may by any lawful means be discovered.
V.
And all persons to whom such goods or other things aforesaid are consigned or sent, or are the owners thereof, shall from time to time, before such goods are landed, signifie the true and just value thereof, by shewing the true and perfect Invoyce thereof, unto the aforesaid Collectors for each Port; who are hereby required to Enter the gross Sum thereof in a book for that purpose, what the said goods or other things amount unto, and shall forthwith demand and receive the several Rates or Assessments afore mentioned, or certifie the Treasurer, or such other Collector or Receiver as is concerned therein.
VI.
And in case of deniall or delay of payment, the Collector authorized as aforesaid shall levy the same by distress upon the said goods, at the rate or price set in the Invoyce, out of which he shall have two shillings per pound for his time and labour therein: And for the more full effecting hereof, the said Collector is impowered to require aid (if need be) as any Constable may in the like service▪ and no man may refuse to assist, upon the same penalty the Law in that case express.
VII.
If any Invoyce or bill of parcels shall be falsified, concealed, or not produced, of any goods or other things imported as aforesaid, it shall be lawful for the Treasurer or Collector, with the Select men of each Town therein concerned, to Rate all such goods, or the Owner or other Agent for the same, by will and doom according to their best discretion; provided it be not less then four pounds per Tun, as the same stands entred in the bill of Lading in the Boatswain or other Officers book.
VIII.
It is further Ordered, in reference to all sorts of Cattel that are brought into this Jurisdiction, to be sold, killed, or transported, that the venders shall give a just and true account of all such Cattel so brought, to some one of the aforesaid Officers impowered to act herein, both in respect of number and kinde, and the same shall be entred in a book; and the owners of all such Cattel, or the person with whom they are trusted, before they are set to sale, killed, or put on board any vessel for transport, shall pay for every Head as is expressed in the Law tit. Charges Publick; upon penalty of forfeiture of any such beast, or the true value thereof, in whose hand soever found: the one half to the publick Treasury, the other half to the Informer.
IX.
For all other sorts of goods, Hides, Skins, Beaver, Peltry, Butter, Cheese, or other Merchandize or Provisions brought into this Jurisdiction by land, the Owner, Factor, Agent, or other person intrusted, shall before any sale made, or before any putting on board any vessel for transport, or other disposal of the said goods, make a just and true Entry thereof, as is before provided concerning goods imported by Sea, and to be rated one peny in every twenty shillings, the same to be paid in money to the said officer, under the penalty of forfeiture as aforesaid; the one third part to the Country Treasurer, one third part to the Informer, and one third part to the Collector.
X.
The Country Treasurer for the time being is hereby impowered and required duly to execute, or cause to be duly and fully executed this present Order in each particular part thereof; who is also impowered and authorised to depute and impower all such officers under him, as he shall judge necessary for the accomplishment [Page 24] thereof, who upon Warrant to them directed under his Hand and Seal shall attend the same: And the said officer or officers shall be accountable to the said Treasurer, when he shall call them thereunto.
XI.
It is also Ordered, That such goods or other things as upon importation shall by this Order be paid for, shall not again for that year be Rated, whilst they remain in the hands of them that so paid for them.
XII.
In case the Treasurer, or any Officer under him, shall finde any great difficult or doubtful case in the execution of this Order, they shall repair to the Governour and Council, or so many of them as can conveniently assemble, provided the number be not less then five, who are hereby impowered to give such order and directions for removing obstructions, as the major part of them shall judge expedient for the effectual prosecution of this Order.
And the Order respecting Customes, made October 1668. is hereby Repealed.
And it is Ordered further, That this present Law be in force forthwith, upon the ending of this present Sessions, and forthwith published in Boston and Charls-town.
It is ordered by this Court, that this
shall be the Seal of the Treasurers Office.
Order to prevent exportation of Money out of this Jurisdiction.
FOr the better execution of the Law pag. 62. sect. 2. for the restraining the Exportation of Money; It is ordered by this Court, and the Authority hereof, That the persons hereafter named, viz.
- For
Boston, Captain
James Oliver, and Mr.
Thomas Brattle, or either of them.
Commissioners to search for Money, &c.
- For Charls-town, Captain John Allen
- For Salem, Mr. Edward Batter.
- For Piscataqua, Mr. Elias Stileman.
- For Marble-head, Mr. Samuel Ward.
- For Dedham, Ensign Fisher.
- For Braintry, Moses Pain.
- For Marlborow, William Kerley.
- For Springfield, Laurence Bliss.
Be all and every of them appointed, impowered, and required to search for, and seize all Moneys of the Coin of this Jurisdiction, that shall be found or discovered in any Ship, or any other vessel [Page 25] hath weighed Anchor to depart from that Port where she ladeth, or all such Money that shall be found in any persons Pocket, Cloak-bag, Portmantel, or any other thing belonging to them, after such person hath taken Horse-back, to proceed and travel in his or their Journey out of this Jurisdiction, from the first Town or station whence such persons begin their travel: And all Money that such Searcher shall finde (except so much as is allowed by Law) he shall safely keep it untill the next Court of the Shire, and then present the same unto the said Court; and if it be judged by the Court to be forfeited according to Law, then the said Court are required to order the delivery of one third part to the officer that seized the same, and the other two third parts to return to the publick Treasury of the Country. And it is further ordered, that the Searchers before-named are hereby impowered to break open any Chrest, Trunk, Box, Cabin, Cask, Truss, or any other suspected place or thing, where they or any of them conceive Money may be concealed, and seize the same: And also they or either of them are impowered to require such assistance from any Constables or others, as to them may seem expedient, who are to aid them upon the penalty of fourty shillings Fine for every neglect.
Order further to Regulate Coopers-staves.
WHereas the Law tit. Pipe-staves, p. 64. provides only for Pipe-staves for tite Cask, and that Hogshead-staves and Barrel-staves both of white and red Oak, as well as for Pipe-staves, are frequently transported, and traffiqued in payments, both to the Country Treasury, and otherwise; It is Ordered by this Court, and the Authority thereof, that all Hogshead-staves shall be in length three foot two inches, or upwards, not exceeding three foot four inches; and all Barrel-staves shall be in length thirty one inches, all well and even hewed or dressed sufficiently for use, as for Pipe-staves is expressed, whether of white or red Oak. And all Headings for Pipe-staves of any sort to be in length twenty eight inches; and for Hogsheads and Barrels, sutable to the Cask to be made thereof; and that it be inserted in the Oath appointed for Viewers of Pipe-staves, pag. 88. Any thing in the aforesaid Law to the contrary notwithstanding.
Order to determine Book debts, &c.
ON Complaint, and consideration of sundry Inconveniences both to Creditors and Debtors, through want of seasonable examination and ballancing of Book-accompts; It is Ordered, and by this [Page 26] Court Enacted, That all such book-debts as are now standing out, or that hereafter shall be made, and that shall not within three years after publication hereof, or within three years after such debt as hereafter shall be made, be accounted for or ballanced with the original Debtor, or his Attorney, Agent, Assign, or other lawful Successor or Substitute, and on accompt or ballance thereof, assured by Specialty given for it, or witnessed by subscribing the Debtor or other Accomptants Name to the Creditors book, or the Subscription of the Witnesses to such Accompt, Shall not be pleadable in any Court; unless such book-debt shall within the time before-limited, be prosecuted or proved in such Court as hath proper cognizance thereof, by Evidence competent and approved by the said Court: And the Evidence there recorded, and the Record thereof, shall secure the Creditor, his Executors, administrators and assigns, unless the Debtor or his assigns shall disprove the same, within one year after such proof made, or recovery of the said debt, if such Debtor, his or her agent, attorney, assign, substitute, executor, administrator, or other lawful successor, be or shall be within this Jurisdiction, or elsewhere, and have due notice from the Creditor thereof.
Order determining the choice of Military Officers.
THis Court considering the direction of our Patent, relating to the stating of all Military officers in this Jurisdiction; Do hereby order and declare, That all Commission Officers that at present are in power, are confirmed according to their respective Commissions; but for the time to come, where new are to be chosen, it is onely in the power of the Generall Court (or in case of emergency, for the Council of the Common-wealth) to nominate, choose, appoint, and impower all Commission Military Officers, (excepting the Major-General and Admiral at Sea, the choyce of whom are otherwise provided for by Law) And for all inferiour officers in Companies, they are to be chosen and appointed by the Commission officers of that Company; and where no Commission officer is, by the Major of the Regiment.
Law to prevent breaking of Prisons.
ON Complaint of the Keeper of the Prison, That some Malefactors and other Prisoners have made Escape, by means of some evil-disposed persons that supply them with Instruments to effect the same; It is therefore ordered by this Court, and the Authority thereof, That if any person whatsoever shall any wayes, either directly or [Page 27] indirectly, convey any instrument or other thing whatsoever, to any prisoner, by which such prisoner, or any other prisoner, either shall, may, or might break prison, or work him or her self unlawfully out of the same; if it were for debt, such person to transgressing shall pay the full debt, and incurre the penalty of Forfeiture of as much to the Country, or undergo such corporal punishment as the Court on whose proceedings such imprisonment followed, or the Court of Assistants, shall impose, order or appoint: And if any prisoner committed for offence or offences, Criminal or Capital, shall by such wicked compliance of any person, break prison, or make escape out of prison, or be found in preparation thereunto, The person or persons which directly or indirectly conveyed such instruments, tools, or other things, whereby such prisoner shall or might work his or her escape from prison; such person shall be liable to the same corporal punishment which the prisoner was liable unto, and also incurre such further penalty by Fine, imprisonment, or corporal punishment, as the County Court, Court of Assistants, or General Court shall appoint: So that where the prisoners are not actually escaped, in such cases any Court to moderate as they shall see meet. And if the escape of any prisoner appear to be through the fault or neglect of the Jaylor, he shall then be liable to such penalties as the prisoner was, according as the Court which hath cognisance thereof shall determine.