208

Rogues, &c.

to be fent
to the work-

Houfe, &c.

juglers, &c.

Pipers; &c.

Rogues.

And the Authority of that County, uniting to buil as aforefaid, wherein fuch Houfe happens not to be, fhall have as full Power and Authority to fend and commit any Perfon or Perfons to fuch House, as the faid Authority would by Law have, were the faid Houfe within the County to which they. belong.

And be it further enacted by the Authorityaforefaid, That it fhall and may be lawful for an Affiftant or Juftice of the Peace, in the refpective Counties, and they are hereby fully authorized and impowered to fend all Rogues, Vagabonds, Sturdy Beggars, and other lewd, idle, diffolute, profane and diforderly Perfons, that have no Settlement in this State, to fuch WorkHouses, and order them to be kept to hard Labour, under the Rules and Regulations of faid Houfe, until releafed by order of Law.

Alfo all Perfons ufing, or pretending to ufe any fubtil Craft, Jugling, or unlawful Games or Plays, or feigning themselves to have Knowledge in Phyfiognomy, Palmistry, or pretending they can tell Deftinies, Fortunes, or discover where loft or ftolen Goods may be found.

Alfo common Pipers, Fiddlers, Run-aways, ftubborn Servants or Children, common Drunkards, common Night-walkers, Pilferers, wanton and lafcivious Perfons, either in Speech or Behaviour, common Railers or Brawlers. Alfo fuch as are guilty of reviling and profane Speaking, or neglect their Profane, &c. Callings, mifpend what they earn, and do not provide for themselves, or the Support of their Families, upon due Conviction of any of the Offences or Disorders aforefaid.

Distracted, &c.

Thieves,

Provifo.

Charges for theft, how paid, &c.

Alfo Perfons under Diftraction, and unfit to go at large, whofe Relations or Friends do not take Care for their fafe Confinement.

Be it further enacted by the Authority aforefaid, That in Addition to the Punishment of Theft already by Law provided, if the Conviction for Theft be before an Affiftant or Juftice of the Peace, the Perfon convicted fhall be fentenced, and accordingly committed by fuch Authority to the Work-Houfe, or House of Correction, there to be kept to hard Labour; on the first Conviction, not less than one Month, and not exceeding three Months; on the fecond Conviction, not lefs than one Year, and not more than three Years.

And in Cafe the Conviction for Theft shall be before the County Court, the Perfon convicted, fhall, by faid Court, be fentenced and committed to the Houfe of Correction, to labour as aforefaid; for the first Offence, at leaft fix Months; and fo for a longer Time, as faid Court before whom the Conviction is had, fhall think proper and determine, having Refpect to the Circumftances and Aggravations of the Offence, and the Number of Convictions had.

Provided nevertheless, That no Perfon convicted of Theft, fhall on the firft Conviction, be fentenced or committed to the Work-Houfe, or House of Correction, on that Account, unless the Perfon convicted be of the Age of twenty one Years, or upwards; and also be in the Opinion of the Court before whom the Conviction is had, a Rogue, Vagabond, common Beggar, or a lewd, idle, profane or diforderly Perfon; any Thing in this Act in any wife contained notwithstanding.

Be it further enacted by the Authority aforefaid, That the Charges of profe cuting Perfons for Theft, upon their Conviction before the County Court, fhall be answered and paid out of the County Treasury of that County wherein the Profecution and Conviction, shall be; and that for refunding the fame, one Half of the treble Damages recovered of the Perfon con victed, shall be and belong to the faid County Treafury. And in Cafe the Earnings of fuch convicted Perfon's Labour in the Work-Houfe, clear of all lawful Deductions, be not fufficient to pay the Charge of his Profecution, and the faid treble Damages, and he hath no Eftate to fatisfy the

fame,

Materials how found & paid for.

fame, he fhall be difpofed of in Service to answer the fame, or the Remainder thereof, according as the Law has provided and directed in fuch Cafes. Be it further enalled, That when any Perfon fhall be committed to any Houfe of Correction, or Work-Houfe, in Cafe he or she belong not to any Town in this State, fuitable Materials, fuch as are neceffary and convenient for keeping fuch Perfons to work during their abode there, fhall be paid for out of the State Treafury. And in Cafe he or she belong to any Town in this State, that fuch Materials as aforefaid, fhall be provided at the Charge of faid Town; and the Select-men of the faid Town fhall deliver the fame to the Master of fuch Houfe, or be accountable to him for the Charge and children. Expence thereof, and affefs the Inhabitants for the fame. And when any ftubborn Children or Servants fhall be fent thither as aforefaid, the aforementioned Materials fhall be provided at the Charge of their Parents or Masters (if able) during their abode in fuch Work House.

Stubborn

And each Perfon committed as aforefaid, fhall be allowed out of their Allowance; Earnings, but two thirds thereof, for their Support and making Satisfaction for the Charge expended in bringing in and furnishing Materials; and the Overplus of fuch Earnings, to be to the Matter of the Houfe to account for.

.. And if fuch Perfons are Mafters, or Heads of Families, then and in fuch Cafe the whole Profit and Benefit of their Labours, or fo much thereof as the County Court of that County where fuch Perfons are committed fhall think neceffary, and direct, fhall be for the relief and fupport of their Families, And if any Perfon or Perfons, committed to faid House of Correction fhall be unable to Work, or be weak or fick, then to be relieved by the Mafter or keeper of such Houfe, who fhall be again reimbursed what he fhall fo neceffarily expend for the Relief of fuch Perfon or Persons, out of the public Treafury of this State, if the Perfon belong not to any Town within the 'State; and if the Perfon belongs to any Town in this State, then by the Select-men of that Town: And the Select-men may affefs the Inhabitants of fuch Town to answer the fame; except fuch Perfons being weak or fick as aforesaid, were at the Time of their Commitment'in their Minority, and under the care of Parents or Masters; then and in every fuch Cafe the Parents or Masters of fuch Perfons fhall reimburse what neceffary Charges the Mafter or Keeper of fuch House of Correction fhall neceffarily expend for their Relief.

Be it further enacted by the Authority aforefaid, That the Master or Keeper of each House of Correction, fhall be allowed for his Care, Labour and Ser

Mafters of

families

"

committed. their families

Allowance to

Unable to

work how relieved.

vice, in looking after thofe committed to his Care, and for relieving them Allowance to who fhall happen to be fick or weak, fuch refonable Satisfaction, to be the mafter. made by the County, Select-men, Parents or Masters, as the County Court fhall direct and appoint, if the Earnings of fuch Perfon or Perfons fhall not be fufficient to discharge the fame, over and above what is allowed them out of their Earnings, for their Relief.

Mafter to

&c.

And the Master or Keeper fhall keep an exact Account of all Profits and Earnings that shall be made by the Labour of thofe under his Cuftody, from Time to Time, and prefent the fame (upon Oath if required) unto the County keep account Court in fuch County; out of which Earnings the laid Mafter or Keeper of fuch House fhall have his Allowance; and alfo a Compenfation to faid Overfeer or Overseers for their Trouble as aforefaid, as faid Court fhall think proper and order; and until the Earnings as aforefaid, fhall produce a fufficiency for faid Purpofe, what is wanting fhall be made up out of the County Treasury, to be refunded out of the Overplus of the after Earnings.

And the Mafter or Keeper of fuch Houfe that fhall refufe to account as aforefaid, or fhall otherwife be negligent of his Duty required by this Act, fhall be liable to fuch Fine or Punishment as faid County Court fhall order and direct.

Penalty for

neglect.

Da

Be

210

Masters daty

To fhackle, punish, &c.

Abfconding, to be corrected on being returned, &c.

Gaols to be

Rum.

Be it further Enalled, That the Mafters or Keepers of fuch Houses of Correction refpectively, fhall receive all fuch Perfons as fhall be fent there as aforefaid, and fhall keep them to fuch Labour as they are capable of and able to perform, for fuch Time as they fhall be ordered to continue and remain in fuch House; and punish them (if need be) by putting Fetters or Shackles upon them, and by moderate Whipping, not exceeding ten Stripes at one Time; which (unless the Warrant of Commitment do otherwife direct) fhall be inflicted at their first Entrance, and from Time to Time, in Cafe they be ftubborn, disorderly or idle, and do not perform their Tafk, and that in good Condition, according as they fhall be reasonably ftinted; or elfe may abridge them of their Food, as the Caufe fhall require, until they be reduced to better Order and Obedience: Said Mafters however, from Time to Time taking and obferving fuch Orders and Directions as the Overfeer or Overfeers fhall give therein.

And be it further Enacted, That if any Perfon or Perfons, committed to faid Houfe of Correction, fhall unlawfully abfcond, or make his Efcape therefrom; or depart without the Licence of the Mafter of faid Houfe, they fhall on being returned to faid House again, be corrected by Whipping on the naked Body, not exceeding thirty Stripes for one Offence; and to toties quoties: Which Corrections the Mafter shall be careful to fee duly performed.

And be it further enacted by the Authority aforefaid, That the feveral Gaols in the refpective Counties, fhall be, and they are hereby made to be Workwork-hoafes, Houfes, or Houfes of Correction; to be ufed and improved according to the Directions and Orders before in this Act refpecting Houfes of Correction and the Government thereof, until there shall be fuch House or Houfes of Correction built, as aforefaid.

until, &c.

to be mafters

&c.

And the Keeper of the Gaols for the Time being, or fuch as they respectGaol keepers ively shall appoint, fhall be the Mafters or Keepers of fuch Gaols, as Houfes of Correction, and shall have the fame Authority and be under the fame Regulations as is before in this Act given and provided refpecting Houses of Correction: And all Perfons ordered to be fent to a Houfe of Correction according to this A&t, fhall be fent to and received into fuch Gaols, and there be kept, taken Care of, and governed according to the Directions of this Act, gaol until,&c until fuch Houfe or Houfes fhall be provided as aforefaid; any Thing before in this Act notwithstanding.

Perfons ordered to work-house

to be fent to

An Act for laying and collecting Duties on the Importation of Rum.

Duty of zd. BE it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That all Masters of Veffels, or other Perfons importing any Rum into this State, ball pay to fome Naval Officer, for the ufe of this State, Two pence per Gallon for every Gallon of Rum by fuch Mafter or other Perfon imported as aforefaid.

per gallon on all rum imported.

Waftage allowed.

Bond to be

given for thé duties, &c.

Rum forfeit

And

And all fuch Mafters or Importers of Rum as aforefaid, fhall be allowed for Wastage five per Cent. for Rum imported directly from the West-Indies, and two per Cent. for Rum imported from the neighbouring States. whenfoever it fhall happen that the faid Mafter or Importer fhall not have the ready Money to pay the Duties aforefaid, he fhall become bound to the Treasurer of this State, in a Bond double the Amount of faid Duties, conditioned for the Payment of faid Duty with Intereft, in two Months then next coming.

Be it further enacted by the Authority aforefaid, That all Rum as fhall be ed in cafe the imported or brought into this State, and landed or offered to Sale in any of the Roads, Harbours, Creeks or Rivers thereunto belonging, without first paying or fecuring the Duty as aforefaid, fhall be forfeited, the one Half to

duties are

unpaid.

the

Rum.

the Informer that shall profecute to Effect, and the other Half to the State Treasurer, for the Ufe of this State.

And when foever any Perfon fhall inform any Affiftant or Juftice of the Peace, of the Breach of this Order, he shall forthwith grant a Writ to the Sheriff or Conftable, commanding them to make diligent Search for the fame, with Power (if need be) to break open any House, Veffel, Ware-house or Store, to make Search in any fufpected Place, and to feize the faid Rum, and fecure the fame till the next County Court in the County where it fhall be taken; who shall declare the fame to be forfeited, and difpofe thereof for the Ufe aforefaid: Unless the Owners thereof fhall produce a Certificate from the Naval-Officer, that the Duty laid by this Act has been actually paid for the fame, according to the true Intent and Meaning thereof; and make Oath that the Rum for which the Certificate is produced, is the very Rum for which the Duty has been paid; or otherwife fhew to the Satisfaction of the Court, that the Duties laid by this Act have been truly paid.

And for the more effectual collecting the faid Duty;

Be it further enacted by the Authority aforesaid, That all Mafters of Ships and other Veffels, as well open Boats as others, coming into any Harbour, Port, Creek or River within this State, from beyond Sea, or from any other Place out of this State; fhall make Report to fome Naval-Officer of this State, of the Contents of the Loading of fuch Ship or Veffel; which Report fuch Master fhall give in to the Naval Officer under his Hand; and fhall therein fet down and exprefs the Quantity of Hogfheads, Tierces, Barrels or other Cafk of Rum loaden on Board fuch Ship or Veffel, with the Marks and Numbers thereof, and to whom the fame is configned: And also make Oath thereunto in the following Manner:

You A. B. fwear that the Report or Manifeft of the Contents of your Load ing, by you produc d under your Hand, contains a just and true Account, to the best of your Knowledge, of the whole Loading taken on Board and imported in your Vellel, from the Port or Ports faid Veffel came from; and that you have not broken Bulk, nor delivered any of the Rum loaden on faid Veffel, directly or indirectly; and that if you shall know of any more Rum to be imported therein, before the Landing thereof, you will cause it to be added to your Manifest.

So help you GOD. Which Oath the faid Naval-Officer is hereby impowered to adminifter; after which fuch Mafter may unload, and not before, on pain of forfeiting the Sum of Fifty Pounds, to be paid by each Mafter that fhall neglect his Duty in this Behalf.

Be it further enacted by the Authority aforefaid, That no Rum fhall be landed on any Wharf, or in any Ware-houfe or other Place, but in the Day Time only, and that after Sunrise, and before Sunfet; unless in the Prefence of, or with the Confent and Permiffion of the Naval-Officer to whom the Duty is payable, on pain of forfeiting all fuch Rum, and the Lighter, Boat or Veffel out of which the fame fhall be landed, or put into any Warehouse or other Place.

And if any Perfon or Perfons fhall not have, and produce, an Invoice of the Number of Gallons of Rum, by him or them imported, or to him or them configned, and make Oath to the fame, as is before in this Act provi- produced, & ded, then the Cafk wherein the fame is, fhall be gauged at the Charge of the Importer, that the Quantity thereof may be truly known.

That the Mafter of any Ship or other Veffel, importing any Rum, fhall be liable to, and shall pay the Duty for fuch, and fo much thereof contained in his Manifeft as fhall not be duly entered, nor the Duty paid for the fame by the Perfon or Perfons to whom fuch Rum is or fhall be configned. And it shall and may be lawful for the Mafter of any Ship or Veffel, to fecure and detain in his Hands, at the Owner's Rifque, all fuch Rum im

Dd2

ported

Masters lia

ble for the duties.

How to fecure

themselves.

212

to fue, &c.

&c.

Rum.

ported in fuch Ship or Veffe!, until he fhall receive a Certificate from the Naval Officer to whom he delivered his Manifeft, that the Duty for the fame is paid, and until he be repaid his neceffary Charges in fecuring the fame, or fuch Mafter may deliver fuch Rum, as is not entred as aforesaid, unto the Naval Officer in fuch Port, or his Order; who is hereby impowered and directed to receive and keep the fame, at the Owner's Rilque, unl the Import thereof, with the Charges, be paid, and then to deliver fuch Rum as fuch Mafter fhall direct.

Be it further enacted by the Authority aforefaid, That the Naval Officer or receiver of the Duty, or Impoft, in each Port, fhail be, and is hereby impowered to fue the Mafter of any Ship or Veffel, for the Impoft or Duty, for fo much of the Rum, imported therein according to the Manifeft by: him given upon Oath, as aforefaid, as fhall remain not entred, and the Duty or Impoft thereof not paid by the Perfon to whom it is configned as aforefaid.

And that the Ship or Veffel, with her Tackle and Appurtenances, the Mafter of which fhail make Default in any Thing by this Act required to Veffel liable, be performed by him, fhall be liable to make good the Sum or sums forfeited by fuch Mafter, according to this Act, for any fuch Default; as alfo to make good the Impoft or Duty for any fuch Rum, not entered as aforefaid: And upon Judgment against fuch Master, the said Ship or Vessel, or fo much of the Tackle or Appurtenances thereof as fhall be fufficient to fatisfy faid Judgment, may be taken in Execution for the fame.

to make feigure, &c.

And the Naval Officer or Receiver of the Impoft is hereby impowered to make Seizure of fuch Ship or Vessel, and detain the fame under Seizure until Judgment be given in any Suit to be commenced and profecuted for Naval officer any of the faid Forfeitures, or Impoft, to the Intent that if Judgment be rendered for the Profecutor or Informer, fuch Ship or Veffel, and Appurte nances may be expofed for fatisfaction thereof, as is before provided; unless the Owners, or fome on their behalf, for the releafing of fuch Ship or Veffel from under Seizure or Restraint, fhall give fufficient Security to the Naval Officer that feized the fame, to refpond and fatisfy the Sum or Value of the Forfeiture and Duties, with Charges, that fhall be recovered against the Mafter thereof, upon fuit to be brought for the fame as aforefaid.

Owner to fue the mafter,&

And the Mafter occafioning fuch Lofs and Damage unto his Owners, through his Default or Neglect, fhall be liable unto their Action for the fame. And the Naval Officers, or Receivers of the Impoft, in the feveral Ports of this State, are hereby impowered to allow Bills of Store to the Master of any Ship or Veffel, inporting any Rum for fuch private Adventures, as to be allow'd. fhall Bona Fide, belong to the Mafter, or Seamen of fuch Ship, or other Veffel, at the Discretion of the faid Naval Officer; not exceeding two per Cent. of the Loading: And the Duties payable for fuch Rum in fuch Bills of Store mentioned and expreffed fhall be abated.

Bills of ftore

Forfeitures

of.

And the Naval Officers fhall be allowed five per Cent. on all Monies they shall collect and pay in to the Treafury of this State, on Account of the Duties collected by them by Virtue of this A.

And be it further enacted by the Authority aforefaid, That all Penalties and Aow difpofed Forfeitures accruing, or arifing by Virtue of this Act, fhall be one Half to the Treasurer of this State for the Ufe of the State; and the other Half to him or them who fhall feize, inform and fue for the fame, by Action, Bill, Plaint, or Information, in any Court of Record: The whole Charge of Prosecution to be taken out of the Half belonging to the Informer.

Who to pro fecute, &c.

And all Naval Officers, Sheriffs, Conftables, and Grand-jurors, are here by ftrictly charged to make diligent Enquiry after, and make true Information of all Breaches of this Act,

An