Province and not like to return before ye court, ye case shall proceed to triall, but judgmt shall not be entered, untill a month after, and execution shall not be granted vntil ye plaintife have given suffissient security to respond, if ye defendant shall reverse ye judgment wthin the space of one year.
Ye Freemen of Each Towne to Chuse Their Officers and Make Orders for Their Townes.—Penalty for Offences.
26. Whereas pticular Townes have many things wch concerne only themselves and ye ordering of yr owne affairs of disposing of business in their owne Towne, It is therefore ordered yt ye freemen of every towne shall have power to chuse yr owne pticular officers, as Consta: Grand Juror, and Jury of Tryalls, Surveyors for ye highways, and like, annually, or otherwais as need requires, and to make such laws and constitutions as may concerne ye well fare of ye towne; provided they be not of a criminall but of a prudenciall nature, and yt the penalty exceed not 20s. for one offence, and that they be not repugnante to ye publique laws and orders of this Province; and if any Inhabitant shall neglect or refuse to observe them, they shall have power to levy the appointed penalty by distress; and if any man shall behave himself offencively at any town meeting, ye rest yr present shall have power to sentence him for such offense, soe as ye penalty exceed not 20s.
Prudential Officers.
27. And ye freemen of every towne shall have power to chuse yearly, or for a less time, a convenient number of fitt men to order ye prudenciall affairs of ye Towne, provided nothing be done by them contrary to ye Lawes and orders of this Province, and yt ye number doe not exceed 7 for one towne; and ye selectmen in evry town shall take care from time to time to order and dispose all single psons and inmates wthin yr townes to service or otherwise; and if any pson be greived at any such order or disposall, they have liberty to appeale to the next court of this Province, yt by law hath prop. cognicence thereof.
None to Cast Ballast into the River.
28. It is ordered yt no ship or other vessell shall cast out any ballast in ye channel, or other place inconvenient, in any Harbor or River wthin this Province, upon ye penalty of tenn pounds.
Age to Make a Valid Act.
29. It is ordered by the Generall Assembly, &c, That no pson in this Province shall have power to pass away lands, Herridittamts, or any other estates, or make any legall or vallued act, or be capable of suing or being sued in any of our Courts, in his or her own pson, vntill they attaine vnto ye age of 21 years; but any orphan may choose yr Gardean, to act for them at ye age of 14 years, to secure or Defend yr estates During ye minority; also yt all parents and masters shall have power in all civill cases to prosecute and Defend ye Rights of yr children or sevants during the time of their nonage, and in all criminal cases every person, younger as well as elder, shall be Lyable to answer in yr owne person for any misdemeanures charged upon them, and may also Inform against any other person to any Court, member of ye Counll, or Grand Jury man wthin this Province.
Any Member of Ye Council or Clark to Grant Attachmts, and How Attachments Are to Be Served.
30. And it is further ordered, yt it shall be in ye Power of any member of ye Counll or any Clarke of ye writs allowed of by any of our gen. Courts, to grant sumons and attachmts in all civil proceedings.
It is ordered, yt all sumons or attachmts shall be served 6 days inclusively before ye court where ye case is to be tryed, and ye cause or ground of ye action shall in ye said process be briefly Declared, and wt capassity ye Plaintiffe sheweth, whither in his owne name, or as Attorney, assigne, gardian, executr, Adminr, Agent, or such like: or in Defect thereof, if exception be taken before ye pties Joyne Ishew, it shall be accoumpted a Legall barr, and ye Plaintiff shall be lyable to pay Cost, but no circumstantiall error in a sumons or attachmt where ye ptie and case intended may be Rationaly understood, shall be taken as a sufficeint ground for a nonsuit.
Plant. or Defendt Not Apearing, to Be Nonsuited.
31. And if either plaintif or Defendant doe make default of appearing, having been 3 times distinctly called by ye Marshall, or other office appointed by ye court to call, the plaintiff shall be nonsuited and Lyable to pay the Defendant Cost.
Ye Defendt Not Apearing, Ye Surety or Goods Attached to Stand.
32. It is enacted by ye General Assembly and authority yrof, yt if ye Defendant faile of his appearance, if it apears by ye process yt goods were attached or surety or sureteis bound for his apearance after ye surety hathe been 3 times called, ye action shall proceed to tryall, and if ye Judgmt be granted to ye plaintif, execution shall Ishew forthe against ye Defendant, and ye surety or goods attached shall stand good for 1 moth after Judgmt., but if the execution be not extended wthin one moth after judgment, ye goods attached or suretys bound shall be Released.
No Officer to Baile Any Wthout Good Surety.
33. And yt no pson may Loose or be Defrauded of his Just debt, it is ordered yt no Marshall, Constable or other officer shall baile any pson yt he hath attached, wthout sufficient surety; vizt, one or more yt is a settled inhabitant wthin this province, and yt hathe a visible Estate to be Responsible, according to ye bond Required.
Judgment to Be Acknowledged Before 2 of Ye Counll, &c.
34. It is further enacted, yt any pson yt is attached to our gen. Court, and desirous to prevent farther charge, shall have Liberty, upon notice given to ye plaintiff or his attorney, to appear before 2 of ye members of ye Counll and ye Clark or Recorder of any gen. Court wthin this province, and acknowledge a Judgment, wch shall stand good and valid in Law, provided yt ye goods attached or surety bound shall not be Released till a month after ye acknowledgmt of such Judgmt, unless ye Crr give under his hand yt he is satisfied, and yt such pson as Live out of ye Province, the acknowledgmt of a Judgmt shall not free ym. unless they shall produce a sufficient surety yt is a settled inhabitant wthin ye Judgmt, and ye Execution to stand good against ye surety for a full month after.
Persons Notified Not Apearing, Ye Penalty.
35. Be it farther enacted, that if any pson summoned to answer any presentmt, or for any fact or misdemeanor, do not appear at ye time appointed, he or they shall be proceeded aginst for contempt, except it appears they have been prevented by the hand of God.
Plaint. May Wthdraw His Action.
36. It is also enacted, yt it shall be at ye Liberty of the Plaintiff to wthdraw his action at any time before ye Judge or Jury have given in yr verdict in ye case, in wch case he shall pay full Cost to ye Defendant.
None to Pretend Great Damage to Vex His Adversary.
37. And yt no pson, in his suit or plaint against another, shall falsely pretend great damage or debts, to vex or discredit his adversary, and if it appears to ye Court yt any plaintife hath wittingly wronged ye Defendant in vexatious suits or complaints, he shall pay ye Defendant double cost, and be fined to ye province 40s. or more, according to the demerrit of his fact.
Actions May Be Reviewed.
38. It is further enacted, yt it shall be in ye liberty of any pson to review any suit or action wherein he hath been plaintife or Defendant in any Court wthin this province, but if any ptie be tweice Cast upon a Review, and shall still persist in a Course of Law, if he be Cast a 3d time his Case shall be Judged vexatious, and shall pay double Cost and such fine as ye Court shall award, not exceeding five pounds.
Innkeepers to Sell No Strong Drinks to Children or Servants.
39. Be it also enacted, yt no ordinary or Innkeeper suffer any Servants, or Children vnder family governmt, to buy (or to set drinking of) any Liquor, wine or other drink, in their houses
