Deaths, fudden.

33

three of the Justices of the Quorum of that County in which such disputable Matter arifeth.

And be it further enacted by the Authority aforefaid, That if any Perfon be aggrieved with the Judgment, Sentence, Decree, Determination, Denial, or Appeal alOrder of any of the Courts of Probate, he may appeal to the Superior Court lowed. in that County in which the Matters of Difpute and Controverfy fhall happen to be or arise. Every Perfon fo appealing, giving fufficient Security to profecute fuch Appeal to Effect, and answer all Damages in Cafe he fail to make his Plea good.

Provided, That fuch aggrieved Perfon (if within this State, or the States of New-Hampshire, Massachusetts, Rhode Island, New York or New-Jersey,) Provifo. and of full Age at the Time of fuch Court of Probate's declaring fuch Order, Sentence, or Decree, fhall within eighteen Months after fuch Declaration, or within eighteen Months after he or the come to the Age of Twentyone Years, or come into this State, enter his or their Appeal from fuch Judgment, Sentence, Determination, Denial or Order.

And all Perfons aggrieved, as aforefaid, and being of full Age, and prefent, or having legal Notice to be prefent at the Court of Probate which fhall give fuch Judgment, Sentence, Determination, Denial or Order, fhall have Liberty to appeal to the next Superior Court, and to no other after.

And be it further enacted by the Authority aforefaid, That the said Superior Court, and the faid respective County Courts, and Courts of Probate, shall have a proper Seal belonging to each of the refpective Courts, to ferve and use for all Caufes, Matters, Things and Affairs proper for the faid Courts refpectively. Each of which Courts are hereby impowered, to procure their respective Seals; and the fame being fo procured, fhall be lodged with the Clerks of the refpective Courts, to be improved by their Direction.

An Act concerning fudden or untimely Deaths.

Appeals to the next fup. when allow

court only,

able.

Seals for fuperior, county & probate refpectively provided, &c.

courts to be

When any perfon is

found dead,

&c.

E it enacted by the Governor, Council, and Representatives, in General Court aflembled, and by the Authority of the fame, That when, and so often as any Perfon fhall come to any fudden, untimely, or unnatural Death, or be found dead in this State, the Manner of whofe Death is not known, the next Affiftant or Juftice of the Peace, or in their Abfence the Conftable of the Town, fhall forthwith fummon a Jury of twelve able and discreet Men, who fhall be fworn by fuch Officer to enquire of the Cause and of the Jury of inManner of fuch Perfon's Death; and fhall prefent upon Oath a true Ver- quest. dict thereof, under their Hands, unto fome near Affiftant or Juftice of the Peace, who shall return the fame to the next Superior Court in the fame County.

Penalty on

And if any Man fummoned to ferve as a Juror to enquire as aforefaid, fhall refufe or neglect to appear and attend that Service, according to Summons, he fhall forfeit the Sum of Ten Shillings for every fuch Neglect, to the Ule of the Treasury of the Town whereto he belongs: To be levied jurors refuby Warrant from any Affiftant or Juftice of the Peace before whom fuch fing, &c. Juror fhall be convicted of fuch Refufal or Neglect. And that no Fee or Reward shall be allowed for any of the Services aforesaid.

34

Book debts out-lawed after seven

years, if the debtor, &c. be dead.

Provifo.

Debts by Book. Debtors abfconding.

BE

An Act concerning Book Debts.

E it enacted by the Governor, Council, and Representatives, in General Court affembled, and by the Authority of the fame, That all fuch Book Debts as are now out-standing or that shall hereafter be made, and that shall not within feven Years next after the contracting of faid Debt, be either sued for, balanced, or accounted for with the original Debtor, his Attorney, Agent, Affignee, or other lawful Succeffor or Subftitute, and an Account or Balance thereof affured by fpecialty given for it, or witneffed by fubfcribing the Debtor or Accomptant's Name to the Creditor's Book, or by the Subscription of two Witneffes to fuch Account, fhall not, if the original Debtor be dead, be recoverable in any Court in this State.

Provided, That the Time that this State fhall have been engaged in War, hall not be computed in faid Limitation:

And that in all Actions on Book Debts, that fhall be tried by a Jury, the Jury fhall well weigh and confider the Credit of the Parties or any other Perfons interested, admitted by the Court to take the Oaths in or out of Mode of evi- the Court, in fuch Cafes and fuch Form, as Teftimonies in other Cafes dence. are by Law allowed, together with any other Evidence given them, and all the other Circumftances attending fuch Cafes; and upon their Oaths shall give their Verdict thereon for what they fhall find justly due upon their Evidence.

Balance may

in favour of the defend

ant.

That in every Action of Debt brought on Book, wherein it fhall appear be recovered upon Trial, that the Plaintiff in the Action, is in Arrear or in Debt to the Defendant to balance Book Accounts; the Court, Affiftant or Justice of the Peace, before whom the Trial fhall be, fhall give Judgment for the Defendant, to recover the same of the Plaintiff, together with his just Costs. Provided, That no Affistant, or Juftice of the Peace, fhall in fuch Cafe, give Judgment for the Recovery of fuch Balance when the fame fhall exceed Four Pounds.

Provifo.

fendant neg

lects to appear, &c. no

cofts to be allowed him in

And be it further enacted by the Authority aforefaid, That if any Defendant When the de- in Action of Debt on Book, brought against him, before any Court, Assistant, or Justice of Peace in this State, fhall neglect to exhibit his Account on Trial, to be adjusted as aforesaid, and fall afterwards bring Action against the other Party, for the Recovery of any fuch Articles of Book Debt as might have been adjusted and fettled in the Trial of the former Action, it he recover Judgment for fuch Debt, he fhall not be allowed any Coft; unless he make it appear to the Satisfaction of the Court, Affiftant, or Juftice, before whom the Trial is, that he had no Knowledge of the former Suit, before the Time of Trial, or was inevitably hindred from appearing and exhibiting his Account as aforefaid.

an after fuit, unlefs, &c.

Preamble.

An Act for the Recovery of Debts, out of the Estate or
Effects of abfent, or abfconding Debtors.

FOR the better preventing Fraud and Deceit, fometimes defigned and practifed by ill-minded Debtors, who betrust their Goods, Eftate or Effects in the Hands of others, with Intent to referve and fecure the fame to their own Ufe, and thereby de feat their Creditors of their just Dues; or they not being Inhabitants within this State, conceal their Goods and Effects fo that they cannot be attached or be made Hable to the Payment of their Creditors by any ordinary Procefs of Law:

BE

B

Debtors abfconding.

E it enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the fame, That it shall and may be lawful for any Creditor, to cause the Lands, Goods or Effects of his abfent or abfconding Debtors, not refiding within this State, to be attached in whofoever Hands or Poffeffion the fame are or may be found: And the attaching of any Part thereof, fhall fecure and make the Whole that is in fuch Perfon's Hands liable in the Law to refpond the Judgment to be recovered upon fuch Procefs, and shall be subject to be taken in Execution for Satisfaction thereof, as far as the Value thereof will extend. And the Perfon in whofe Hands any fuch Lands, Goods or Effects are, shall accordingly expofe the fame.

That where no Lands, Goods or Effects of any abfent or abfconding Debtor, in the Hands of his Attorney, Factor, Agent or Trustee fhall be exposed to View, or can be found or came at, fo as to be attached, it fhall and may be lawful for any Creditor to bring his Action against his abfent or abfconding Debtor, for the Recovery of his dues. In which Cafe the Creditor, by fome proper Officer, fhall leave an attefted Copy of his Writ, at least fourteen Days before the Time of Trial, with fuch abfent or abfconding Debtor's Attorney, Factor, Agent or Truftee, or at the Place of his or their ufual Abode; which Service fhall be a fufficient Citation for the Creditor to bring forward his Action to Trial: Unless the Debtor be an Inhabitant of this State, or hath for fome Time dwelt therein; in which Cafe a like Copy fhall be left by fuch Officer at the DwellingHoufe, Lodging or Place of his laft or ufual Abode.

That fuch Attorney, Factor, Agent or Trustee, upon his Defire, fhall be admitted to defend his Principal in fuch Suit, through the Course of Law, according to the Nature of the Action. But if the Debtor be not in this State, and no Attorney, Factor, Agent or Trustee appear to defend in the Suit, the Court fhall continue the Action to the next Court, and then if need be, fhall continue the fame once more to the next Court, (that .fuch Attorney, &c. may have Opportunity to notify his Principal) and then without fpecial Matter alledged and allowed in Bar, or Abatement, the Action fhall come to Trial; and if Judgment be rendered for the Plaintiff, all the Goods or Effects which are in the Hands of fuch Attorney, Factor, Agent or Trustee, to the Value of fuch Judgment, (if fo much there be) shall be liable, and subjected to Execution granted upon fuch Judgment for, or towards the fatisfying the fame; and from the Time of ferving the Writ or Summens, as aforefaid, fhall be liable, and be fecured in Law in the Hands of, and may not otherwise be disposed of by fuch Attorney, Factor, Agent or Trustee.

And if fuch Attorney, Factor, Agent or Trustee, after the Time of his being served with a Writ or Summons, as aforefaid, taken out against his Principal, (being an abfent or abfconding Debtor) fhall transfer, remit, difpofe of, or convert any of the Goods or Effects of fuch Debtor in his Hands at the Time of fuch Service within what fhall fatisfy the Judgment given as aforefaid; or that fhall not discover, expofe, or fubject the Goods or Effects of fuch Debtors in his Hands to be taken in Execution, for, and towards the fatisfying the Judgment fo far, as what in his Hands or Poffeffion will extend, fhall be liable to fatisfy the fame of his own proper Goods or Estate, as much as if it were his own proper Debt: And a Writ of Scire Facias may be taken out from the Clerk of the Court where the Judgment was given, to be ferved upon fuch Attorney, Factor, Agent or Truftee, requiring him to appear before fuch Court, and to fhew Caufe, if any he have, to the contrary thereof; and upon Default of Appearance of fuch Attorney, Factor, Agent or Trustee, or Refufal to difclose upon his Oath, (which Oath fuch Court is hereby authorized to adminifter) what Goods or Effects of the Debtor are, or were in his Hands or Poffeffion, then Judgment fhall be E 2 entered

35

Effects of abfconding debtors at

tachable in

the hands of

agent, &c.

How fuit is

to be inftituted, when ef

tate is not to

he come at.

36

Debts liable

to be taken as well as the effects of abfcanding debtors.

Provifo.

Effects thus

taken out of the hands of the factor, &c.

fhall difcharge him from the principal.

And he may

plead the general iffue, & give this act

in evidence.

Preamble.

Penalty for

killing deer

in certain feafons.

Upon complaint, fearch

warrant to

ique, &c.

Deer.

entered up against him of his own proper Goods or Eftate, as though it was his own Debt, and Execution fhall, in ufual Form of Law, be granted

thereon.

That Debts due to any fuch abfent or abfconding Debtor, fhall be confidered as his Effects in the Hands of the Perfon from whom the fame are due; who shall be confidered as his Agent or Trustee, and be obliged to account for the fame under Oath; and Recovery may be had against him in the fame Manner as for Goods or Chattles of fuch abfconding Debtor.

Provided nevertheless, That if upon Trial, it appear that the Perfon fummoned by fuch Scire Facias, had, or hath not, any Goods or Effects of the Debtor in his Hand, nor hath any ways remitted, transferred, difpofed of, or converted the fame after the ferving the Suit taken out against his Principal, and ferved as aforefaid; the Party that commenced the Suit by Seire Facias, fhall pay Coft to fuch Attorney, Factor, Agent or Trustee, to be allowed and taxed by the Court in ufual Form.

And be it further enacted by the Authority aforefaid, That the Goods or Effects of any abfent or abfconding Debtor, taken as aforesaid, by Process and Judgment of Law out of the Hands of his Attorney, Factor, Agent or Trustee, by any of his Creditors, fhall fully acquit and discharge fuch Attorney, Factor, Agent or Trustee, his Executors and Adminiftrators, from all and every Action, Suit, Trial, Payment and Demand whatsoever, that may be brought, commenced or made by his Principal, his Executors or Adminiftrators, of, or for the fame.

And if any such Factor, Agent or Trustee, his Executors or Adminiftrators, shall be molefted, troubled or fued by his Principal, for any Thing by him done, in Compliance with this Act, he or they may plead the general Iffue, and give this A&t in Evidence for his Juftification.

An Act for the Preservation and increase of Deer; and
for the Encouragement of keeping them in Parks, or
other Inclofures.

WHEREAS the killing of Deer at unfeasonable Times of the Year, is very
Prejudicial to the public Good; the Flesh and Skins being then but of little
Value, and their Increase greatly hindered :

BE

E it therefore enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the fame, That no Perfon or Perfons, Indian or others, shall kill any Deer within this State, at any Time in the Months of January, February, March, April, May, June or July, on Penalty of paying a Fine of Four Pounds; one Half to any Perfon that fhall give Information thereof, and profecute the fame to Effect, and the other Half to the Treafury of the Town where the Conviction is had. And any one Affiftant, or Juftice of the Peace, is hereby authorized to hear and determine any Offences against this A&t; and may grant Execution on fuch Judgment, for the Fine and Coft in common Form: Or if the Perfon be unable to pay the fame, the faid Authority may dispose of him in Service for that Purpose, for a Term not exceeding four Months.

And it shall and may be lawful for any Affiftant or Juftice of the Peace, on juft Sufpicion being fhewn that any Deer hath been killed contrary to this Aft, to grant a Warrant to fearch for the Venifon or Skins, in the fame Manner as in the Cafe of ftolen Goods, that fuch Offenders may be detected.

And in Cafe any Venifon or Skins of any Buck, Doe or Fawn, newly killed, shall be found with or in the Poffeffion of any Perfon, he fhall be

judged

fons, &c. is

judged guilty of killing fuch Deer; unless fuch Perfon can fatisfy the Au- And if venithority before whom the Trial is, of his Innocency, by giving a fatisfactory Account how the fame came into his Poffeffion, and that he did not kill fuch Deer, nor was aiding or affifting therein.

And the Grand Jurors in the refpective Towns, fhall enquire after, and inform of all Breaches of this Act: And on Conviction of the Person or Perfons informed against, shall be entitled to one Half of the Penalty aforefaid.

Provided, That nothing in this Act shall be understood to prohibit Perfons killing their own Deer, by them kept in Parks or Inclosures.

And whereas fundry Perfons in this State, have erected Parks or Inclofures for keeping and preferving Deer, which is likely to be for the Public Good, and more may be erected for the fame Purpose:

Therefore, For the Encouragement and Security thereof, Be it further enacted by the Authority aforefaid, That if any Perfon or Perfons fhall kill or destroy any Buck, Doc or Fawn kept in any Park or Inclofure in this State; or shall course, chase, hunt or wound any such Deer; or fhall wilfully pull up or throw down any Fence, Gates or Bars inclofing fuch Park or Inclosure whereby fuch Deer may escape, without Leave from the Owner or Owners thereof; or fhall be aiding or affifting therein, every such Perfon or Perfons fhall, for every fuch Trefpafs in killing or deftroying fuch Deer, forfeit and pay to the Owner or Owners thereof Seven Pounds, befides the Price of fuch Deer fo killed or destroyed.

found in the poffeffion of

any one, li

able, unless,

&c. Who to

make pre

fentment.

Provifo.

Penalty of 71. for killing deer in any

park, &c.

And for every fuch Trefpafs in courfing, chafing, hunting, or wounding fuch Deer, whether fuch Deer be found without or within the Park, if 30s. for chafit fhall appear that the Perfon committing fuch Trefpafs knew, or had ing, &c. good Reason to think that fuch Deer belonged to the Owner of the Park, fhall forfeit and pay, as aforefaid, the Sum of Thirty Shillings, befides all fuch Damages as shall be sustained by fuch courfing, chafing, hunting or wounding.

And for every fuch Trefpafs in fo pulling up, opening or throwing down any Fence, Gates or Bars, as aforefaid, fhall forfeit and pay to the Owner or Owners of fuch Park or Inclosure, the Sum of Thirteen Pounds, befides all fuch Damages as fhall accrue thereby.

And for further Encouragement of keeping Deer in Parks, and to prevent their being deftroyed when by any Accident they get out of the Park;

Be it further enacted, That no Perfon fhall course, chafe or kill any Deer within two Miles of any Park wherein Deer are kept, except the Owner of the Park or by his Licence, on Pain of forfeiting Ten Pounds to the Owner of fuch Park.

Which feveral Penalties, Forfeitures and Damages, shall and may be recovered by Action, Bill, Plaint or Information.

Upon Conviction of the Trefpaffer or Trefpaffers, and in the Trial of any and every Action brought for any of the Trefpaffes in this Act mentioned, relating to Parks, or the Deer in them, the Court before whom fuch Cafe fhall be brought, may proceed according to the Method provided in the fixth Paragraph of the Law, entitled, " An At for detecting and punishing “Trefpaffes in divers Cafes, and directing Proceedings therein."

Provided nevertheless, That if the Defendant in any fuch Action be an Indian, or other Perfon ignorant of the Nature of an Oath, then fuch Court hall refufe his Oath to discharge him, and fhall proceed on the Defendant's Part to enquire according to, and by any other proper Evidence that may be produced, by the Defendant.

131. for breaking the inclosure of any park, &c.

10l. fine for

chafing, &c. any deer miles of any

within two

park. Recoverable by bill, &c.

Trial to be had in the fame manner as directed in gainft tref

the law a

paffes, &c.

Provifo.

An