No Perfon admitted an unlefs, &c. inhabitant. fon or Inhabitant of any other State, who may come to refide or dwell in any Town in this State, fhall gain a legal Settlement in fuch Town by dwelling there, unless admitted by a major Vote of the Inhabitants of fuch Town, or by Consent of the civil Authority in and Select-men of faid Town, or unless such Perfons fhall be appointed and execute fome public Office, or have been poffeffed in his own Right in Fee of a real Estate of the Value of One Hundred Pounds in fuch Town, during his Continuance there; but fuch Perions, not having gained a Settlement as aforesaid, if the Select-men judge they are likely to become chargeable to faid Town, may be removed to the Place of their laft legal Settlement, notwithstanding any length of Time that they may have been suffered to continue in fuch Town. That no Perfon shall be received or admitted an Inhabitant in any Town To be of hoin this State, but fuch as are known to be of an honeft Conversation, and fhall be accepted by the major Part of the Town, or by the Authority in and Select-men of the Town. And no Stranger or tranfient Perfon fhall be allowed to refide or make his or her Abode in any Town in this State, (Apprentices under Age and Servants bought for Time excepted) upon Pretence of hiring or being hired, or of Tenantship, or Inmates without the Approbation of the Authority in and Select-men of fuch Town. That if any Perfon or Perfons fhall contrary to the Intent of this A&, entertain or hire any Stranger or tranfient Perfon, or let any Houfe or Land to fuch Stranger or tranfient Perfon, except he or they fhall first give Security to the Acceptance of the said Authority and Select-men, that fuch Town fhall not be burthened and charged by him or them; which Security fuch Authority and Select-men may take or refuse at their Difcretion; he or they fo entertaining, or hiring, or letting any House or Land to fuch Stranger or tranfient Perfon, fhall forfeit and pay to the Treasurer of such Town, the Sum of Ten Shillings per Week, for every Week he or they shall harbour, entertain, hire, or let fuch Eftate to fuch Perfon. And if any fuch Stranger or tranfient Perfon fhall, contrary to the Intent of this Act, make his or her Abode within any Town in this State, every fuch Perfon shall forfeit and pay to fuch Treasurer Ten Shillings per Week, for every Week that he or fhe fhall continue in fuch Town, after Warning given to him or her, by order of the Select-men of faid Town; or upon their Request, by Warrant from Authority to depart fuch Town, (which Warning the Select men are impowered to order, or give :) And the faid "Authority, on Requeft as aforefaid, is impowered to iffue a Warrant to the Conftable, to warn fuch Perfons to depart, as aforesaid. neft converfation, &c. No ftranger to make abode without liberty, &c. No perfon to hire fuch, &c. without giv ing bond. Penalty. Tranfient perfons being warned out, to depart, on penalty, &c. If unable to pay, to be And when any fuch Stranger or tranfient Perfon, who fhall be convicted of the Breach of this Act, and hath no Estate to fatisfy the Fine, fuch Person shall be whipped upon his naked Body, not exceeding Ten Stripes; un- whipt. lefs he or she depart the Town within Ten Days next after Sentence given, and refide no more therein without Leave of the Select-men. Any one Affiftant or Juftice of the Peace, to hear and determine the Breach of this Act. Be it further enacted by the Authority aforefaid, That whofoever shall entertain fuch Stranger or tranfient Perion or Perfons, for the Space of Four Days, and the faid Perfon fhall, when fo entertained, be reduced by Sickness, or other Accident, to neceffitous Circumstances, whereby he, fhe or they fhall want Relief, the Perfon fo entertaining fuch Stranger or tranfient Perfon or Perfons, shall support and fuftain the Charge thereof; excepting only when the Perfon entertaining as aforefaid, hath within the faid Four Days, given fufficient Notice thereof to the Select-men of the Town; in which Cafe, if the Selet-men do not ufe proper Methods to fave the Town from Charge, then it fhall be defrayed by fuch Town. Be it further enacted by the Authority aforefaid, That if any Perfon or Per When fick, how support. ed. 104 Penalty on perfons felling land, &c. Civil autho Inhabitants. fons within any Town in this State, fhall fell or convey any Land to any Perfon or Perfons, who contrary to this Act, would under Colour of fuch Purchase, make his, her or their Abode in fuch Town; he or they felling as aforefaid, shall for every fuch Offence, forfeit and pay as a Fine, the Sum of Ten Pounds; one Moiety to the Town Treafury where fuch Land lies, and the other Half to him who fhall complain of and profecute the fame to Effect. And be it further enacted by the Authority aforefaid, That the civil Authority, when and fo often as there fhall be Occafion in any Town, fhall be, and they are hereby impowered to order any Vagrant, fufpected or tranfient rity to order Perfon or Perfons to be fent back, from Conftable to Conftable, to the Town, Place or Places from whence he, the or they came; unless fuch Perfon or Perfons produce good Certificates of their good Behaviour, and Freedom from all Engagements, and that they are at Liberty to remove themselves as they fhall fee meet. vagrants to depart. Returning, And that faid Authority may in like Manner remove any Stranger of tranfient Person or Perfons who shall neglect or refuse, or be unable to depart fuch Town after Warning given, as before in this Act is provided. And if any fuch Perfons fhall return after fuch fending back, as aforefaid, and abide and continue in faid Town from whence fent, after Warnto be whipt., ing given them to depart, they fhall be whipt on the naked Body, not exceeding ten Stripes; and may again be fent and dealt with as aforefaid, as often as there fhall be Occafion. And the Select-men in the respective Towns in this State, are hereby im profecute, &c. powered and directed to profecute all Breaches of this Act. Selectmen to remove from One town to Provifo. And be it further enated, That any Inhabitant of any Town within this Perfons may State, nay, for the better Support of himfelf or Family, have Liberty to remove with his Family into any other Town in this State, and continue there without being liable to be removed, provided fuch Perfon procure a another, &c. Certificate in Writing, under the Hands of the civil Authority in and Select-men of the Town from whence he removes, that he is a legal Inhabitant in that Town, and lodge the fame with the Clerk of the Town to which he removes. And in Cafe fuch Perfon or any of his Family, ftand in Need of Relief from said Town, he or they shall be supported at the Coft of the Town where fuch Perfon was fettled and obtained a Certificate as aforefaid; and may be returned back to fuch Town, provided fuch Perfon hath not been admitted an Inhabitant, or gained a Settlement, as before in this Act is provided, in any other Town, after fuch Certificate was given. When chargable, how fupported. Provifo, No perfon without certificate, may abide, &c. Provided nevertheless, That Perfons coming to refide in any Town as aforefaid, they and their Eftates fhall be as liable to be taken under the Care of the Select-men of the Town where they dwell, for Mifmanagement, Idlenefs or bad Husbandry, agreeable to the Law in that Cafe provided, as if they had a legal Settlement in fuch Town; and nothing in this A fhall be conftrued to hinder fuch Towns from ridding themselves of any Vagrant, or Perfons whom fuch Town, or the Authority therein, or the Select-men thereof fhall judge to be of diforderly, ungoverned or vicious Conversation. And be it further enacted, That any Inhabitant of any Town in this State, who fhall go to refide in any other Town in this State, without having a Certificate as aforefaid, may be removed and fent back to the Town to which he or she belongs, in like Manner as is before provided in this Act for the Removal of any Stranger, or tranfient Perfon: Provided fuch Perfon fhall not have continued in fuch Town one Year before Warning given to depart, or one Year after fuch Warning, without being prosecuted as aforefaid. And Infolvent Eftates. An Act for the equal any E it enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the fame, That when the Eftate of Perfon deceased fhall be infolvent, or infufficient to pay all the juft Debts which the Deceased owed, the fame fhall be fold, and the Avails thereof be divided and distributed to and among all the Creditors, in Proportion to the Sums to them refpectively owing, fo far as the Eftate will extend, faving that the Debts due to this State, and for Sickness, and neceffary funeral Charges of the Deceased, are to be first paid. And the Executor or Administrator appointed to administer on any such infolvent Eftate, before Payment be made to any Perfon, (except as before excepted) fhall reprefent the Condition and Circumstances thereof unto the Judge of the Probate of Wills and granting of Administrations, who shall nominate and appoint two or more fit and indifferent Perfons, to make a true and equal Appraisement of fuch Eftate, and adminifter the Oath by Law prescribed to them for that Purpose; and fhall also nominate and appoint two or more fit Perfons to be Commiffioners, with full Power to receive and examine all the Claims of the several Creditors, and how they are made out and evidenced; which Commiffioners fhall be fworn according to Law, and cause the Times and Places of their Meetings for attending the Creditors, in order for the receiving and examining of their Claims, to be made known and published, by setting up or posting Notifications thereof in fome public Places in the Town where fuch deceased Perfon last dwelt; and also by advertising the fame in one or more of the public News-Papers in this State, and any further Notice that the Court of Probate may order: And the faid Judge of Probate shall allow fix, ten or eighteen Months (as the Circumstances of the Eftate may require) for the Creditors to bring in their Claims and prove their Debts: At the End of which Time limited as aforefaid, fuch Commiffioners fhall make their Report, and present a List of all Claims to fuch Judge, who fhall order them a meet Recompence out of the Eftate for their Care and Labour in that Affair. And if on the Report of the Commiffioners, fuch Eftate fhall appear to be infolvent, the Judge of Probate to whom fuch Report is made, fhall order and set out to the Widow of the Deceased (if any be) fuch neceffary houshold Goods as are mentioned in the Law, entitled, "An Act for diresting and regulating the levying and ferving Executions," to be exempted from Execution; which Goods fo fet out, fhall be her own Property. And the Judge fhall alfo order the Widow's Dower to be fet out according to Law: And the Refidue and Remainder of said Estate, both real and perfonal (including that fet out for the Widow's Dower, and under the Incumbrance of her holding it for Life) the Judge of Probate shall order and direct the Executor or Administrator, or Executors or Administrators appointed to administer on fuch Eftate, to fell in fuch Way and Manner as to the Judge fhall appear fafeft and moft for the Benefit of the Creditors. And fuch Executors and Adminiftrators, being fo ordered and directed, shall have full Power and Authority, and they are hereby authorized and impowered to make Sale thereof, and to make and execute legal and proper Conveyances to the Purchafers, which fhall be good Evidence in Law for their holding the fame accordingly. And fuch Sales being made, the faid Executors and Adminiftrators fhall render Account to the Judge of Probate of the Amount thereof, and the Monies arifing thereby. And the Judge fhall thereon order full Payment to be made of the Debts due to this State, and for Sickness, neceffary funeral Expences, and incident Charges of fettling and felling the Eftate: And the Refidue to be paid to the feveral Creditors о 105 Infolvent ef tates to be equally divi ded, &c. except. Executor or adminiftra tor's duty, &c. Commiffion. ers to be appointed, &c. If on report of commiffio ners the eftate vent, how to proves infolproceed. 106 Provifo. No fuit allowed, &c. Execution to Judges and Juftices. Creditors who have made out and evidenced their Claims according to the Directions of this Act, as aforefaid, in Proportion to the Sums to them respectively owing. Provided always, That notwithstanding the Report of any fuch Commiffioners, or Allowances thereof made by the Court of Probate, it fhall and may be lawful to, and for the Executors or Adminiftrators aforesaid, to conteft the Proof of any Debt at the common Law. And no Proceís in Law (except for Debts due to this State, and for Sicknefs, and funeral Charges) fhall be admitted or allowed against the Executors or Adminiftrators of any infolvent Eftate, fo long as the fame shall be depending as aforefaid. And in Cafe Judgment shall be rendered against any Executors or Adminiftrators of any infolvent Eftate, Execution thereon shall be stayed until fuch Estate can be fettled according to this A&t: And the judgment Credibe ftayed, &c. tor fhall take no more than his Proportion of the said infolvent Eftate with the other Creditors; and in Case that be not paid on the Settlement of the Estate, such Creditor fhewing the fame, and producing a Certificate of his Proportion, the Court shall order Execution on fuch Judgment for no more than the Proportion aforesaid. Creditors not bringing in their claims, to be debar'd, &c. unless, &c Judges of And whatsoever Creditor shall not make out his or her Claims with fuch Commiffioners, before the full Expiration of the Time fet and limited for that Purpose, as aforefaid, fuch Creditor fhall forever after be debarred of his or her Debt; unless he or she can fhew or find fome other or further Eftate of the Deceased, not before difcovered and put into the Inventory. An Act for constituting Judges and Justices of the Peace in this State, and for impowering and directing them in their respective Offices. BE E it enacted by the Governor, Council, and Representatives, in General Court affembled, and by the Authority of the fame, That the Judges of the Superior Court, and the Judges of the County Courts, and Courts of Probate which now are, or hereafter fhall be erected and conftituted in this State, being first appointed by the General Affembly of this State, fhall! commiffioned be refpectively fworn to a faithful Discharge of their Office; and fhall alfo be commiffioned and authorized to the Execution of their respective Offices, by a Commiffion figned by the Governor of this State for the Time being, and fealed with the State Seal. courts to be appointed, and fworn. Juftices in like manner. power Their and duty. Gov. lieut. gov. & affift And that the Juftices of the Peace in each County in this State, being first appointed by the General Affembly, fhall alfo be commiffioned in the Manner aforefaid, to the Execution of fuch Office; and fhall be fworn to a faithful Discharge of the fame. And that the faid Judges and Justices of Peace, appointed, commiffioned, and fworn, as aforefaid, fhall be, and they are fully authorized and impowered to exercise and execute the Office, Duty, and Truft to which they are or fhall be appointed, commiffioned and fworn, as aforefaid, to every Purpose and Intent, according to the Nature, End and Defign of their refpective Offices, according to the Laws of this State, for the common Good and Peace of the State, and the doing equal and speedy Juftice to the People therein And all fuch Commiffions fhall remain in Force till called in, or fuperfeded by Act of the General Affembly. And be it further enacted by the Authority aforefaid, That the Governor, Lieutenant-Governor, and every Affiftant in this State for the Time being, cute the office may, and hereby are fully authorized and impowered to exercife and exeof a juftice, &c cute the Office of a Juftice of the Peace, in and throughout this State. ants to exe And 1 Judges and Juftices. 107 A juftice to iffue procefs, And that every Juftice of the Peace fhall have Authority to iffue Procefs, to be ferved in any Part of the State, to apprehend and bring before him, any Perfon against whom Complaint is made for any criminal Offence, for which he ought to be brought before fuch Juftice for Trial or Examina- &c. tion; and may in like Manner grant Summons or Capias for Witneffes in fuch Cafes. Sheriffs and Constables power exten And any Sheriff, Sheriff's Deputy, or Conftable, to whom fuch Procefs, Summons, or Capias thall be directed by Name and Office, fhall and may execute the fame at any Place within this State, where the Perfon or Perfons against whom the fame iffued, are not to be found within the official Pre- ded, &c. cinct of fuch Officer. And the Authority granting fuch Procefs, Summon or Capias, if it be judged neceffary, may direct the fame to fome fuitable indifferent Perfon, who fhall have the fame Power to execute the fame, and command Affiftance, as Sheriffs and Conftables by Law have to execute Warrants to them directed. That whenever the Judge of any County Court fhall be abfent out of this State, or be by Sickness, or otherwife unable to attend the Duty of faid Office, the fenior Juftice of the Quorum in fuch County, who fhall be prefent, and able to attend the Bufinefs, fhall be invefted with all the Powers and Authorities of Judge of faid Court, to all Intents and Purposes. And for preventing all Occafions of partial and undue Proceedings in Courts, and avoiding Jealoufies that may arife concerning Judges and Justices: court being Judge of C. abfent, &c. In what cafe juftice may not judge. It is further enacted by the Authority aforefaid, That in every Cafe of a Civil Nature, between Party and Party, where there fhall be fo near a Relation a judge or between any Judge or Justice, and any of the Parties, as between Father and Son, either by Nature or Marriage, Brother and Brother in like Kind, Uncle and Nephew; Landlord and Tenant; fuch Judge or Justice shall have no Power to vote, or give Sentence therein. One affiftant or justice may take a confeffion, &c. and grant out And be it further enalled by the Authority aforefaid, That any one Affiftant or Juftice of the Peace fhall have full Power, and they are hereby authorized and impowered to take and accept a Confeffion and Acknowledgement of any Debt, from a Debtor to his Creditor; either upon, or without an antecedent Procefs, as the Parties fhall agree; which Confeffion shall be made only by the Perfon of the Debtor himself: And on fuch Confeffion fo made, the Affiftant or Justice shall make a Record thereof, and thereon grant out execution in due Form of Law. And if fuch Executions fhali be levied on the Lands of any fuch Perfon confeffing, as aforefaid, accord- execution, &c ing to the Laws directing the levying Executions on Lands, the fame shall be recorded in the Records of the Town wherein the Land is fituate, and being fo done and recorded, fhall be a good Evidence of a Title to fuch Creditor or Creditors for whom it fhall be taken as aforefaid, their Heirs and Provifo. Affigns. Provided, No Confeffion fhall be made or taken in the Manner aforefaid, for more than the Value of Twenty Pounds, Debt, and the Cost of taking such Confeffion, or which may have arifen on an antecedent Suit for such Debt, the same being agreed to by Debtor and Creditor. [This Paragraph next above recited, was made and paffed in the General Affembly held on the fecond Thursday in May, Anno Domini, One thousand seven hundred and forty-two; with this Difference,-That in the Place of the Words," recorded in the Records of the Town wherein the Land is fituate, was inferted these Words, " returned to, and recorded in the Office of the Clerk of the County Court, in the fame County where fuch Land lieth.”] |