38 Preamble. Perfons that to pay a fine, Defamation. Delegates. An Act for the Punishment of Defamation. WHEREAS Defamation and Slander is a growing Evil, and tends much to the Disturbance of the Peace: B E it enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the fame, That whofoever shall defame or flander any Perfon or Perfons whatsoever, and be thereof legally convicdefame others ted before any Court in this State, fhall pay a Sum not exceeding Ten Pounds, as a Fine to the public Treasurer of the County in which fuch Offence is committed, and the Perfon or Perfons flandered, shall have such Cofts and Damages, as the Court and Jury that have Cognizance of the faid Cafe fury, and da- fhall judge to be reafonable and just. not exceeding mages. If Negroes, Indians or Molattoes of lefs, &e. Provifo. For defaming tice, &c. to be Freemen to choose delegates in Congrefs. And that if any Negro, Indian, or Molatto-Slave fhall utter, publish or speak fuch Words of or concerning any other Person that would by Law be actionable if uttered, published or spoken by any free Perfon of or concerning any other; fuch Negro, Indian, or Molatto-Slave being thereof convicted before any one Affiftant or Juftice of the Peace, (who are hereby impowered to hear and detemine the fame) fhall be punished by whipping on the naked Body, at the Discretion of the Affiftant or Juftice of the Peace before whom the Trial is, (Refpect being had to the Circumftances of the Cafe) not exceeding forty Stripes. And fuch Slave fo convicted, fhall by fuch Authority be fold or difpofed of to defray all Charges arifing thereupon; unless the fame be by his or her Master or Miftrefs paid and answered. Provided nevertheless, That fuch Slave be not debarred from making fuch Pleas, and offering fuch Evidences in his, her or their Defence or Juftification on fuch Trial, as any other Perfon might make Ufe of being fued in an Action of Defamation, fo far as relates to the Trial before faid Affiftant or Juftice. And whereas defaming the Civil Authority of the State greatly tends to bring the fame into Contempt; and thereby to weaken the Hands of thofe by whom Justice is to be adminiftred: Which great Evil to prevent : Be it enacted by the Authority aforefaid, That whoever shall defarme any Court of Justice, or the Sentence or Proceedings of the fame; or any of the Magiftrates, Judges, or Juftices of any Court, in Respect of any Act or Sentence therein paffed, and be thereof lawfully convicted before any of the General Courts, or Superior Courts in this State, fhall be punished for the fame by Fine, Imprisonment, Disfranchisement or Banifhment, as the Quality and Measure of the Offence, in the Opinion of the Court before whom the Trial is had, fhall deferve. An Act for regulating the Choice of Delegates to reprefent this State in the Congress of the United States. E it enacted by the Governor, Council, and Representatives, in General Court feveral Towns in this State, on the Day when they give in their Votes for the Nomination of the Honorable Council of this State, in September annually, fhall prepare and give in alfo, in like Manner, their Votes of Suffrages, not exceeding Twelve each, for fuch Gentlemen as they fhall choose to reprefent the State as Delegates, in the Congress of the United States, the next Year; and the Votes being returned to the General Affembly in Odober, shall be forted and counted, and those who ftand highest in Nomination, to the Number of Twelve, fhall be declared and published to stand in Nomi nation Delinquents. nation for Election in May following, whereof the Freemen at their annual Meeting in April, fhall proceed to choose feven Delegates; and on the Day of the General Election, by forting and counting the Votes returned, the fame shall be determined; whereof any, not exceeding Four, nor less than Two, to attend as Members of Congress, in Behalf, and at the Expence of this State. And it is further enacted by the Authority aforefaid, That the Delegates from this State, whether chofen in Manner aforefaid, or by the General Afsembly as hereafter provided, shall be accountable and answerable to this Affembly for their Conduct from Time to Time, and be liable to be recalled in Cafe faid Affembly fhall judge fit. Be it further enacted, That the Delegates fo chofen, fhall enter upon their Offices on the firft Monday of November, next enfuing their Election, and continue in the fame for the Term of one Year thence next enfuing. Al ways provided, That Delegates may be chofen by the General Affembly to reprefent this State in Congrefs, until their Places may be fupplied in the Manner in this Act directed; any Thing in this A&t before contained notwithstanding. 39 Delegates accountable to, & removeable by the affembly. Time of entering on, & continuance in office. Provided always, That in Cafe of Death, Refignation, Refufal or Revo- Provife. cation, the General Affembly may supply such Vacancy as may so happen. BE An A&t concerning Delinquents. E it enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the fame, That all Perfons profecuted for any Matter of Delinquency, before the Superior or County Court, fhall have Liberty to be tried by a Jury, if desired. That when any Perfor or Perfons fhall be brought before any Affiftant or Juftice of the Peace, for any Matter of a criminal Nature, fuch Authority is hereby fully impowered to hear and determine the fame, where the Penalty does not exceed the Sum of Forty Shillings. But if by Law fuch Matter is not determinable by a fingle Minifter of Juftice, fuch Authority fhall recognize with Surety, fuch Perfon or Perfons, if bailable, to appear before the Court proper to try and determine the fame: And for want of fufficient Bail to commit him or them to Gaol, for the Purpose aforefaid; and alfo to commit to Gaol all fuch as are not by Law bailable, that they may be brought to Juftice. That when any Perfon fhall be condemned in any Matter of a criminal Nature, before an Affiftant or Juftice of the Peace, (except for Drunkennefs, prophane Swearing, Curfing, or Sabbath-breaking) he fhall have Liberty of an Appeal to the next County Court; provided he give fufficient Security for his Appearance, and for the abiding the Judgment that may be given by the County Court therein. And if any Person who fhall be required to appear and give his Evidence, upon the Trial or Examination of any Delinquent or Criminal, or an Offender againft any penal Law, fhall refuse to appear, or make Oath to declare his Knowledge in the Cafe, the Court, Affiftant, or Juftice holding fuch Trial, may apprehend and commit the Perfon fo refufing to Gaol, there to remain at his own Coft, till he fhall give Evidence as aforefaid. Provided always, That fuch Evidence fhall at no Time be conftrued to his Prejudice. And that when any Affiftant or Juftice of the Peace, fhall have plain In what cafes View, or perfonal Knowledge of any Perfon's being guilty of Drunkenness, perfonal prophane Swearing, Curfing, or Sabbath-breaking, it fhall be accounted knowledge good and fufficient Evidence in the Law, for fuch Affiftant or Juftice to fufficient for make up a Judgment againft fuch Perfon or Perfons offending, when guilty of conviction. 40 No person to plead, &c. without leave. Punishable &c. Delinquents. of any of the faid Crimes, having first caused such Persons to be brought before him. And be it further enacted by the Authority aforefaid, That no Perfon fhall plead in Behalf of any Perfon or Perfons that are upon Examination or Trial for Delinquency, without Leave from the Court, Affiftant, or Juftice before whom fuch Trial is. And if any Perfon or Perfons upon his or their Examination or Trial for Delinquency, or any other Perfon not under Examination or Trial for contempt, as aforefaid, in the Prefence of any Court, fhall either in Words or Actions behave contemptuously or disorderly, it shall be in the power of the Court, Affiftant, or Juftice to inflict fuch Punishment upon him or them as they fhall judge moft fuitable to the Nature of the Offence. Provided, That no fingle Minister of Juftice fhall inflict any other Punishment upon fuch Offenders than Imprisonment, binding to the Peace or good Behaviour to the next County Court, putting them in the Stocks, there to fit not exceeding two Hours, or impofing a Fine, not exceeding Thirty Shillings. Provifo. to do execution, &c. And when any Sheriff, Deputy-Sheriff, or Constable fhall receive a Warrant from any Court, Affiftant or Juftice that hath lawful Cognizance Sheriffs, &c. of the Offence, to do Execution of a Judgment by them given against any Criminal or Delinquent, fuch Officer fhall proceed according to the Direction of such Warrant to do Execution himself, or by fome meet Perfon by him to be procured, to the Acceptance of the Court granting fuch Warrant; and for doing Execution as aforefaid, a reasonable Satisfaction fhall be made, as the Court, Affiftant, or Justice shall allow; which shall be taxed as Part of the Coft against fuch Delinquent, and fhall be paid, as in this A&t is provided for the Payment of the Charges of Profecution. Provifo. Delinquents to pay cofts, whether guilty or not, except, &c. Not having eftate to pay the coft, how the fame is to be paid. Provided nevertheless, and be it enacted by the Authority aforefaid, That no Perfon shall be twice fentenced for one and the fame Crime, Trespass, or Offence; and that no bodily Punishment that is inhuman, barbarous, or cruel, shall be inflicted on any Perfon. And be it further enacted by the Authority aforefaid, That all Perfons who fhall for any Matter of Delinquency, or of a criminal Nature, be informed against, complained of, indicted, or any ways profecuted by any informing Officer legally appointed and fworn for that Purpose, all pay all the neceffary Coft arifing upon fuch Profecution before they shall be discharged; whether on Trial of the Cafe they fhall be found guilty, or not, if it fhall appear to the Court, Affiftant, or Juftice of the Peace before whom the Profecution fhall be, that the fame was occafioned by any unlawful or blameable Conduct of the Perfon or Perfons accufed; but in every Cafe where a Bill is prefented to a Grand-Jury, and by them returned not a true Bill, and in every other Cafe, whether an Indictment by a Grand-Jury, or other Information, it fhall appear to the Satisfaction of the Court, Affiflant or Juftice, that fuch Indictment or Information was occafioned by Miftake, or without any faulty Conduct of the Perfon or Persons accufed, fuch Perfon or Perfons fhall be difmiffed without paying Coft; and the neceffary Coft arifen fhall be paid out of the Treasury into which the Fine fhould have been paid, had the Criminal been fined upon fuch Prosecution. And that when any Perfon profecuted as aforefaid, who ought to pay the Coft of his Profecution, fhall not have Estate to pay the fame, it shall and may be lawful for the Court, Affiftant or Juftice, before whom fuch Procefs fhall be, to difpofe of any fuch Perfon in Service to any Inhabitant of this State, or of the United States, for fo long a Time as fhall be neceffary to procure Money fufficient to pay fuch Coft: But when fuch Charges cannot be obtained out of the Eftate or Service of any Perfon profecuted as Deferters. Divorce. Dogs. as aforefaid, fuch Charges, if the Trial be in the Superior Court, fhall be paid out of the State Treafury; and if fuch Profecution be in the County Cofts, &c. Court, the Coft fhall be paid out of the County Treasury; and if before how paid. an Affiftant or Juftice of the Peace, the Coft shall be paid out of the Town Treasury. And in Cafe Coft shall arife on any Proceedings, or Purfuit of any Perfon informed against by any Informing Officer, and fuch Perfon cannot be apprehended, or being apprehended fhall, without Fault of the Officer, efcape, before he is committed to Prifon, or bailed; if the Crime of which fuch Perfon is accused is cognizable by the Superior Court, the Coft fhall be paid out of the State Treafury; and if cognizable before the County Court, the Coft fhall be paid out of the County Treafury; and faid Courts refpectively (having allowed fuch Coft) fhall give Order for the Payment thereof accordingly, in every of the Cafes aforefaid. An Act for taking up and securing Deserters, and for punishing those who fhall conceal them. E it enacted by the Governor, Council, and Reprefentatives, in General Court Ballembled, and by the authority of the jame, That if any Soldier or Mariner regularly inlifted into, or taken or retained in the Service of this State, or of the United States of America, fhall defert faid Service, and be found within this State, it fhall be the Duty of any and every Person that shall bave Knowledge or Information thereof, and especially of the Conftables and Grand-Jurors in the feveral Towns in this State, to give Notice thereof to the next Affiftant or Juftice of the Peace, who fhall by proper Warrant under his Hand, caufe fuch Deferter forthwith to be apprehended and returned to his Commander, or the Place where he was ftationed, or committed to the Goal of the County where he fhall be taken, and fend Intelligence thereof as foon as may be to his commanding Officer in fuch Way as will be attended with the leaft Expence. 4I Profecutions triable before fuperior court cofts to be paid out of the ftate treafury, county treasury. court, county deferters. That if any Perfon fhall harbour or conceal any fuch Deserter, knowing Penalty for him to be fuch, fuch Perfon fhall forfeit and pay a Fine not exceeding concealing Fifteen Pounds, for the Ufe of the Treasury of this State, or be in prisoned not exceeding two Months, at the Difcretion of the County Court which fhall have Cognizance of the Offence. An Act relating to Bills of Divorce. bills of divorce are ob E it enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the fame, That no Bill of Divorce fhall be granted to any Man or Woman, lawfully married, but in Cafe of Adultery, or fraudulent Contract, or wilful Desertion for three Years with In what cafes total Neglect of Duty; or in Case of seven Years abfence of one Party not heard of: After due Enquiry is made, and the Matter certified to the Su- tainable. perior Court, in which Cafe the other Party may be deemed and accounted fingle and unmarried. And in that Cafe, and in all other Cafes aforementioned, a Bill of Divorce may be granted by the Superior Court to the grieved Party; who may then lawfully marry or be married again. An Act for preventing Mifchief by Dogs. ag WHEREAS much Damage has been occafioned in fundry Parts of this State by Dogs; and of late, in divers Towns in this State, they appear to be at F. tended Preamble, 42 Select-men with advice of an affiftant or justice, to grant orders for reftraining of dogs. Penalty on fuch as do not conform to their order. Provifo. Widows to have a third of the real eftate of their hufband. Dowry. tended with an uncommon Difeafe, indicating Madness; by Means whereof many People have already fuftained much Damage, and are greatly endangered and expofed to fuffer much more, unless proper Measures are taken to prevent the fame. E it enacted by the Governor, Council, and Representatives, in General Court Select-men of the feveral Towns in this State, or the major Part of them; or the major Part of the Select-men in fuch feveral Towns, with the Advice of any one Affiftant or Juftice of the Peace, fhall have full Power and Authority, and they are hereby authorized and impowered to make all neceffary Rules, Orders and Regulations (whenever they fhall judge the Inhabitants of the State, their Perfons or Properties fhall be in Danger) for the confining, reftraining, killing or deftroying of Dogs belonging to, or found within their respective Towns, as they fhall judge reasonable for the effectual Security of such Inhabitants: The fame to be published, and a Notification thereof fet up in Writing, in three of the most public Places in fuch Town wherein fuch Order fhall be made, and not lefs than One in each Society therein. And be it further enacted by the Authority aforefaid, That when fuch Orders or Rules fhall be fo made and published as aforefaid, all Perfons fhall accordingly conform thereto, and obey fuch Rules or Orders, on pain that every Person who fhall offend againft, or not obey fuch Rules or Orders, fhall forfeit the Sum of Forty Shillings, one Half to him who fhall profecute the fame to Effect, and the other Half to the Treasurer of the Town where faid Offence shall be committed: And that all fuch Dogs as fhall not be confined or restrained within fuch Rules and Orders, made as aforefaid, may be liable to be killed and deftroyed, by any Perfon or Perfons whatever And if any fuch Perfon fhall be fued or profecuted for the fame, he may plead not guilty, and give this Act in Evidence, unless fuch Perfon commencing and profecuting any fuch Action as aforefaid, fhall prove, to the Satisfaction of fuch Court, before whom any fuch Trial may be had, that he had fully complied with fuch Orders and Rules as aforefaid. Provided nevertheless, That nothing in this Act fhall be understood or conftrued to restrain or prevent any Perfon from killing or destroying any Dog found mad, or fufpected to be mad; or otherwise fhall be found doing Mischief, or attempting to do the fame, when alone, out of the Poffeffions of his Owner, and diftant from the Care and Command of any Perfon having the Charge of fuch Dog; any Thing in this Act, or any other A&t to the contrary notwithstanding. An Act concerning the Dowry of Widows. THAT there may be fuitable Provifion made for the Maintenance and comfortable Support of Widows, after the Decease of their Husbands : E it enacted by the Governor, Council, and Representatives, in General Court Bajembled, and by the Authority of the jame, That every married Woman, living with her Husband in this State, or abfent elsewhere from him with his Confent, or through his meer Default, or by inevitable Providence; or in Cafe of Divorce where fhe is the innocent Party, that fhall not before Marriage be eftated by Way of Jointure in fome Houses, Lands, Tenements or Hereditaments for Term of Life; or with fome other Eftate in lieu thereof, hall immediately upon, and after the Death of her Husband, have Right, Title and Intereft by Way of Dower, in and unto one third Part of the real Eitate of her faid deceased Husband, in Houfes and Lands which he ftood poffeffed of in his own Right, at the Time of his Deceafe, to be to |