SEVERAL LAWS AND ORDERS MADE BY THE GOVERNOUR AND COMPANY Of the
MASSACHVSETS BAY in
NEW-ENGLAND AT THE General Court Held at
Boston,
May
27
th 1685.
As also at a GENERAL COURT Held at
Boston on the 14
th of
October, 1685. And Printed by Order,
EDWARD RAWSON Secretary
AS an Addition to the Law tit. Imposts;
It is Ordered by this Court and the Authority thereof; That all Masters of Ships or other Vessels, that shall bring into our Harbours any Wines, or Strong-waters, the said Masters shall before they break Bulk, give a true and just Account, under his or their hand unto the Naval Officer, of the quantity, and sorts of Cask he hath on Board, with the Marks & Numbers of the same, & the persons names to whom it is [Page 122] Consigned, or doth belong, upon forfeiture of paying the full duty appointed by Law, if any be found which the said Master gave not account of; And that the Owners or Receivers of such Wines or Liquors do before it be landed, make a true Entry with the Officers of the full quantity, upon forfeiture of what shall be found more than by them Entred, or the value thereof: And that the Owners, or who such Wines or Liquors are Consigned to, do pay down, or give under their hands to the Officer for the payment of the duties in some convenient time: Provided this bind the Master no further than to enter all such Goods for which he hath signed Bills of Lading. And if any more appear to be on Board, taken in without the Masters knowledg, he shall have liberty of a Post Entry.
WHereas there is a general Complaint in many Towns within this Jurisdiction, of great abuses offered, and damage to particular persons, in the laying open of their Proprieties, by breaking, or laying down their Fences, Barrs or Gates; for the prevention of such Disorders and unlawful actings for the future;
It is Ordered by this Court and the Authority thereof, That any person or persons, who shall presume from, and after the Publication hereof, For securing of Fences. to break down any Fence, Stone wall, or lay open any Gates or Barrs, break or open any Locks fastened to such Gates or Barrs standing upon any mans Propriety or Inclosure (unless in case of claiming and making out of title to such Land) which person or persons, upon due conviction of such offence, shall be fined twenty shillings in money, one half to the use of the County, the other half to the party injured; and shall also be liable to pay all such damage as any person may sustain in his Propriety or Inclosure thereby, to be judged of by the Court, or other Authority that shall have the cognizance thereof, or otherwise to be recovered in a due Process of Law.
IT is Ordered, That every Treasurer notwithstanding the expiraration of his Office, shall have as full power for the prosecution of the several Constables, Treasurers power. and collection of the Rates which were issued out and committed to them in his time; also for the gathering in all other Dues arising to the Countrey by virtue of the Laws, tit. Imposts, and Impost on Wine and Strong Liquors during his Treasurership, as he was Impowred to do whilst in that Office.
IT is Ordered; That all Attachments in Civil Actions between party and party, Time for serving Attachments. shall be served fourteen dayes inclusive before the Court or time of Trial; any former Law or Custom to the contrary notwithstanding: And the like time to be attended in giving in Reasons of Appeal.
AS an Addition to the Law, tit. Wills:
It is Ordered by this Court and the Authority thereof; That [Page 123] the Magistrates of each County Court in this Jurisdiction being annually chosen by the Freemen, shall have full power and authority (as the Ordinary in England) to summons any Executor or Executors appointed to the Will of any deceased person, The County Courts power with reference to Wills who have declared his or their acceptance of that Trust, by offering the said Will for probate, or otherwise; requiring him, her or them, to give Bond, with sufficient Sureties for paying all Debts and Legacies, or to make and exhibit unto the Court upon Oath, a just and true Inventory of all the known Lands, Tenements, Goods and Chattels of the Deceased; And in case such Executor or Executors shall neglect or refuse so to do, said Court shall proceed against such person or persons by imposing a fine or fines upon them, not exceeding ten pounds per Moneth for every moneths default after the expiration of the time that shall be appointed by the said Court for bringing in an Inventory: And upon complaint of any Creditor or Legatary they shall call any Executor or Executors to render an account of his or their Administration.
And it is further Ordered; that the said Court shall have full power to receive any Information or Complaint from any Legatee or Creditor against any Executor for the detaining any Legacy or any Legacies given by the Testator, or Debt due from said Estate; and to grant Summons and Process as is usual in other Cases for the appearance of such Executor or Executors, at dayes and place assigned by the said Court; and upon neglect or refusal to appear accordingly, the Court shall proceed to the hearing of the Complaint, and to make their decree and determination thereon, and to grant forth Execution for the fulfilling thereof; likewise to hear and determine all Cases relating to Wills and Administrators, and to make their Decrees, and grant Executions thereupon, allowing to the party agrieved liberty of Appeal to the Magistrates of the next Court of Assistants, such parties attending the Law, as in other cases respecting Appeals: Alwayes provided, that where matter of Fact is controverted, then either Plaintiff or Defendant may have a Tryal thereof by a Jury, if it be desired, with liberty of Appeal to the next Court of Assistants, as the Law directs; any Law, Usage or Custome to the contrary notwithstanding.