ACTS AND LAWS, Passed by the Great and General Court or Assembly of His Majesty's Province of the Massachusetts-Bay, in New-England.  
Begun at Boston the Twenty-ninth Day of May, 1695. and continued by several Adjournments until Wednesday the Twentieth of November following.  
Anno Regni Guilielmi Tertii, Angliae, Scotiae, Franciae, et Hiberniae, Regis, Septimo.  
WM R  HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT  royal blazon or coat of arms of William and Mary 
BOSTON. Printed by Bartholomew Green and John Allen, Printers to the Governor and Council. 1695.   

Strangers Arresting Inhabitants. Anno Regni GUILIELMI Tertii, Angliae, Scotiae, Franciae, et Hiberniae, Regis, Septimo.  
An Act, That all Persons not being Freeholders' or Settled Inhabitants, Commencing Suit, shall give Security before Process be granted.  
WHEREAS for the more due and equal Administering of Justice in Civil Causes, the Judgement given upon the first Trial is not final, the Law allowing the Party aggrieved an Appeal therefrom, or a Review of the same cause. But forasmuch as Strangers and others not Resident within the Province, do many times by themselves or Attorneys Commence Suits against Freeholders or Settled Inhabitants within the same, and Recover Judgement and Satisfaction thereon, and Remove themselves, or Conceal and Convey away the Moneys so received; whereby the adverse Party is prevented of Serving Process to bring the cause to another Trial by Review, and by means thereof may suffer great wrong. To the intent therefore that all His Majesty's Subjects may receive and enjoy the benefit of the Remedy provided by Law as abovesaid.  
Be it Enacted by the Lieutenant Governor, Council and Representatives in General Court Assembled, and by the Authority of the same,  
That every person, not being a Freeholder or Settled Inhabitant, having dwelled within the Province by the space of three years before, intending by himself or Attorney to Commence Suit against any person or persons within this Province, before Process be granted, shall by himself or Attorney enter into Bond, 
Security to be given before Process granted.  with two sufficient Sureties (being Freeholders, or Settled Inhabitants as aforesaid) unto the Party against whom Process is demanded, in the Clerk's Office of the Court, where the Suit is to be brought, in double the Sum to be Sued for; with condition to answer and satisfy the Defendant his Costs arising by such Suit, in case the Plaintiff do not Recover against him: And that if Judgement be rendered for the Plaintiff, and the Defendant shall Review the same within the space of eighteen months' next following, and not afterwards, that he shall well and truly pay and satisfy unto the Party bringing such Action of Review, all such Sum and Sums of Money as he shall recover thereupon, with the Costs arising thereby.  
And all Clerks of Courts are hereby Ordered and Required to take such Bond, 
Clerks of Courts to take Security  before they make out Process in the name of, or to any Stranger, or other person not being a Freeholder or Settled Inhabitant as aforesaid, or to the Attorney of any such, and safely to keep the same, for the use and benefit of the Party to whom it shall be made; For which, such Clerk shall demand the Fee of Two Shillings and no more, to be paid by him at whose Suit the Process is granted, and to be again allowed him in his Costs if he recover. And if it happen Process to be made out to any Stranger or other Person not being a Freeholder or Settled Inhabitant as aforesaid, or his Attorney, without taking such Bond and Security, and the same be pleaded at the time of Trial before Issue joined (and the Bond or a Certificate thereof from the Clerk cannot be produced or shown forth) it shall be a good Plea for abatement of the Writ, 
Bond not given the Process to abate.  and be accordingly allowed of by the Judges, any Law, Usage, or Custom to the contrary notwithstanding.  
And be it further Enacted by the Authority aforesaid,  
That every Attorney Commencing and Prosecuting any Suit in the name of any Stranger or other Person not Residing within the Province, shall be held and reputed in Law as the Principal in such Suit, 
Attorneys to Strangers, liable in their own persons.  and be liable to be Served with Process against his Estate or Person to a Review of any such Suit as the Principal himself might be, if present in his own person: Provided such Action of Review be brought and commenced within Eighteen months' next following the time of the first Trial, or Trial upon an Appeal as aforesaid, and not afterwards.  
And in all cases of like nature now depending, before Execution be granted, 
Cases depending alike directed.  Security as aforesaid shall be given to respond & satisfy such Sum and Sums of Money that shall be Recovered upon a Review of any such Action, with the Costs arising thereon; and the Attorney that Commenced and Prosecuted any such Case, shall be liable as aforesaid to be Served with Process in his own Estate or Person to such Action of Review.  
And be it further Enacted by the Authority aforesaid, That if any Stranger or his Attorney, after Suit Commenced, or Judgement given as aforesaid, shall withdraw himself or keep out of the way, so as he cannot be Served with a Writ within the time before limited to Review the Cause: It shall be sufficient in Law to bring a Review of such Judgement at any time within Eighteen months' next after rendering of the same, upon Summons left at the House where such Stranger or Attorney Commenceing Suit in his name, had his usual abode within the Province, fourteen days before the Sitting of the Court: Proof of such Summons so left, being made upon Oath before the Court.   

An Act, For the better discovery and more Effectual Suppressing of Unlicensed Houses.  
FORASMUCH as divers Ill disposed and Indigent Persons, the Pains and Penalties in the Laws already made not regarding, are so hardy as to presume to Sell and Retail Strong Beer, Ale, Cider, Perry, Wine, Rhum, or other Strong Liquors or mixed Drinks, and to keep common Tippling Houses, therein Harbouring and Entertaining Apprentices, Indians, Negroes, and other idle and dissolute Persons, tending to the ruin and impoverishment of Families, and to all Impiety and Debaucheries; And if Detected and Convicted of any such Offence, are unable to satisfy the Fine imposed by Law for the same: And cannot be punished by Imprisonment without wrong to their Families.  

For Remedy whereof, and the more effectual Deterring & Suppressing of such Evil Practices.  
Be it Enacted by the Lieutenant Governor Council and Representatives in General Court Assembled, and by the Authority of the same.  

Persons unable to pay the Fine to be Whipped.  That when and so often as any person being duly Convicted of keeping a common Tippling House, or Selling Strong Beer, Ale, Cider, Perry, Wine, Rhum, or other Strong Liquors or mixed Drink by Retail, without Licence first orderly had and obtained for the some, shall be unable to answer and satisfy the Fine imposed by Lew for such Transgression, together with the Charge of Prosecution; or that shall not pay such Fine and Charges (and likewise give Bond for the good Behaviour, if it be a second Conviction) within the space of twenty four hours next after Sentence declared in that respect: It shall and may be lawful to and for two Justices of the Peace, or the Court before whom the Conviction shall be, to Order such Offender to be openly Whipped with so many Stripes as in their Discretion shall be thought fit, not less than Ten, nor exceeding Fifteen for one Offence; And to Restrain the Offender in Prison, until the Fine and Charges as aforesaid are paid, or the Order for Corporal Punishment be Executed.   

And be it further Enacted by the Authority aforesaid,  

Officers pour to seize drink found in unlicensed houses.  That it shall and may be lawful to and for any Grand-jurors, Constable, Tithing men, and the Officers employed in and about the Excise, Ex Officio to enter into the House and Dependencies thereof, of any such person as aforesaid, suspected of Selling Strong Drink without Licence, having once been Convicted thereof, and taking with them such assistance as they shall think needful, to make search for Strong Drink, and finding any quantity of any kind of the Drinks herein before mentioned, to seize and secure the same, so as it be within the space of one year next after such Conviction, and to Inform thereof at the next General Sessions of the Peace to be holden within the same County, or unto two Justices of the Peace (Quorum Unus) within the same; And if the quantity of Drink so seized shall be judged by such Court or Justices to be more than for 〈…〉 use of the Family, and what their condition may reasonably allow them to Expend, or otherwise to have in their Custody: It shall and may be lawful to and for such Court or Justices to declare all such Drink to be Forfeited; one Moiety thereof unto the Party that Seized and Informed of the same, and the other Moiety to the Select-men or Overseers of the Poor of the Town where it was Seized, to the use of the Poor there, and to Order the Disposal thereof accordingly.  

Appeal from the Sentence of two Justices.  Provided nevertheless, That any person aggrieved at the Sentence of any two Justices for either of the Offences  may Appeal therefrom unto the next General Sessions of the Peace within the same County; Provided such Appeal be claimed in due time, and Security given in manner as the Law in such cases directs.    

An Act, For the further Continuance of several Acts, relating to the Prosecution of the War.  
BE it Enacted by the Lieutenant Governor, Council and Representatives, in General Court Assembled. and by the Authority of the same.  

Prosecution of the Indian Enemy etc.  That the Act Excluded, 〈◊〉 Act, For the Continuation of several Acts therein mentioned that are near Expiring; made and passed at the Session of this present General Assembly, begun and held at Boston the Twenty-ninth Day of May, last passed: namely, An Act, For the Prosecution of the Indian Enemy and Rebels, and Preserving such as are Friends, with the several Provisoes and Additions thereto in the said Act of Continuation Expressed, shall be, and hereby are revived and further continued to be, 
Repeal of the Saving in Hampshire.  remain and abide in full force unto the end of the first Session of the next General Assembly, to be begun and held on the last Wednesday of May, One Thousand Six Hundred Ninety Six, and no longer. Provided nevertheless, That the Saving in the said Act for Prosecution of the Indian Enemy, etc. referring to the County of Hampshire shall be, 
Indians found within 5 miles on the East side, or 20 miles on the West side of Connecticut River to be held as Enemies.  and hereby is Repealed.  
And it is further Enacted,  
That all Indians who shall be found within five miles of Connecticut River on the Easterly side thereof, or within twenty miles on the Westerly side of the same, shall be deemed and accounted to be Enemies, and treated as such, and the same Reward and Allowance shall be made and given to any of His Majesty's subjects that shall kill, or take and bring in Prisoners any Indian or Indians found within the said Limits as by the said Act, and the Act for Continuation thereof is ordered and directed for any that shall be killed or taken within other parts of this Province, during the continuance of said Acts.  
And be it further Enacted by the Authority aforesaid,  
That the other Act mentioned in the said Act of Continuation, namely, 
Assistance to be given to the Province of Hampshire.  The Act Entitled, An Act, For the giving Succours and Assistance to the Neighbouring Provinces and Colonies against His majesties Enemies; to extend only unto Succours and Assistance for the Province of New Hampshire as need may require; and the Governor, with the advice and consent of the Council shall direct and order. Be and hereby is Revived and further Continued to be, remain and 〈…〉 the ●nd of the first Session of the next General Assembly to be begun and held on the last Wednesday in May, One Thousand Six Hundred Ninety six, and no longer.   

An Act, For taking of Affidavits out of Court.  
FORASMUCH as it is often necessary, That Witnesses in Civil Causes be Sworn out of Court, when by reason of their going to Sea, living more than Thirty Miles distant from the place where the Cause is to be Tried, Age, Sickness, or other Bodily Infirmity, they are rendered uncapable of Travail, and appearing in Person at the Court. To the intent therefore that all Witnesses may indifferently testify their certain knowledge, and the whole truth in the Cause they are to speak unto.  

Be it Enacted by the Lieutenant Governor, Council and Representatives, in General Court Assembled, and by the Authority of the same,  

Adverse party to have notification.  That for either of the Reasons before mentioned, and not otherwise, every Justice of the Peace, or others lawfully Commissionated and Empowered thereto, by two or more of the Justices of the Superior or Inferior Court respectively may take Affidavits out of Court, so as a Notification with reasonable time be first made out and delivered to the adverse Party (if within twenty miles of the place) or left at the place of his Dwelling or usual Abode, to be present at the time of taking such Affidavit, if he think fit; and every such Witness shall be carefully Examined and Cautioned to testify the whole truth; and being Sworn, 
No person interested or the Attorney to write Affidavits.  the Justice shall attest the same, with the day, month and year of the Caption thereof, and that the adverse party was present (if so) or that a Notification was sent him, and shall Seal up the Testimony, and deliver it to the Party (if desired) at whose Request it was taken: And no Person Interested shall write or draw up the Testimony of any Witness in such Cause, nor any Attorney in his Clients Cause; And if it manifestly appear any Testimony to be Written or Drawn up by any Interested, or the Attorney in the Cause, 
Affidavits to be returned to the Court Sealed up.  or be returned from any Justice of the Peace by other hand than his own, into the Court where the same is to be used, unsealed, or the Seal having been broken up, all such Testimonies shall be rejected by the Court, and be utterly void, and of no Effect in Law.   

And be it further Enacted by the Authority aforesaid,  

Justice's to grant Summons for Witnesses.  That every Justice of the Peace shall be, and hereby is Empowered, upon Request to him made, to Grant Summons for the Appearance of any Witness before him in any Civil or Criminal Cause, where such Witness is Bound to Sea before the time of Trial, and to take his Deposition in such Cause, the adverse Party being present, or Notification sent him as aforesaid.  

Witnesses to Bonds & other writings may be Sworn without notification.  Provided nevertheless, That Witnesses to Bonds, Specialties, Letters of Attorney, and other Instruments, in Writing under the Hand of the Party Executing the same, or to Accounts or Testimonies relating to Persons out of this Government, or to be sent beyond Sea, may be Sworn without such Notification as aforesaid.   

And be it further Enacted by the Authority aforesaid,  

Affidavits in perpetuam rei memoriam to be Sworn in Court or before 2 Justices  That all Affidavits relating to the Possession of any Houses or Lands, or any other matter, in perpetuam rei memoriam, shall be made and taken before some Court of Record, or two or more Justices of the Peace, Quroum Unus.   

And it is further Enacted,  

Penalty for perjury.  That all Persons Forswearing themselves in any such Affidavit taken as aforesaid, shall incur the same Penalties, as if they had been taken in open Court.    

Exportation of Grain etc.  
An Act, To prohibit the Exportation of Grain, etc.  
WHEREAS the Harvest in the Summer past, fell greatly short; so as it's feared there will not be a sufficiency of Grain, to serve the Occasions of the Province, until the next Crop.  

Be it therefore Enacted by the Lieutenant Governor Council and Representatives in General Court Assembled, and by the Authority of the same.  

Grain, Biscuit or Flower laden with intent to be exported to be Forfeited.  That from and after the Publication of this Act, during the Continuance of the same; no Grain of any sort, Biscuit or Flower shall be Exported or Carried out of this Province by Land or Water (except what is brought from the Western Towns to Hartford, in order to be Transported from thence to Baston) Nor shall any Grain, Biscuit or Flower be laden or put on Board any Ship or other Vessel, or into any Carriage with intent to be Exported and Carried out of the Province by Land or Water, other than what shall be for the necessary Victualling of Ships and other Vessels Sailing out of this Province; on pain of Forfeiting all such Grain of every sort, Biscuit and Flower: One Moiety thereof unto the Select-men or Overseers of the Poor in the Town or Place where the same shall be Seized, to the use of the Poor there, and the other Moiety to him or them that shall Inform and Sue for the same in any of His Majesty's Courts of Record.  
And all Officers employed for the Entering and Clearing of Vessels, for the Duties of Impost and Tonnage, 
Officers to see that this Act be duly observed.  for Observance of the Acts relating to Trade and Navigation, are hereby strictly Commanded and Required to see, that this Act be duly kept and observed, and to make Seizure of all Grain, Biscuit and Flower about to be Exported or carried out of this Province contrary thereto.  
Provided nevertheless, That it shall be in the power of the Governor and Council, 
Power in the Governor & Council to grant Licences.  from and after the Tenth Day of March next, as they may find cause, to grant Licences to particular persons for Exportation of any kind of Grain, Biscuit or Flower: this Act or any thing therein contained notwithstanding.   

And for the better Encouragement to the bringing of Provisions into this Province.  
Be it Enacted by the Authority aforesaid,  

Vessels bringing in Provision freed from Tonnage.  That all Vessels that shall Import Provisions (the major part of their Lading being such) shall be Exempted and freed from the Duties of Tonnage for that Voyage. Any Law or Usage to the contrary notwithstanding.  

Provision imported not to be Sold by whole Sale, until the end of 3 days  And upon the Arrival of any Grain, Biscuit or Flower, for Sale, in any Port or Harbour within 〈◊〉 Province The Owner, or Vender thereof shall not Sell or Dispose of the same in any greater quantity, than six Bushels of Grain, or a Barrel, or half Barrel of Flower, or more than one Hundred Weight of Biscuit to one person, until he shall first have given public notice by a Crier three days beforehand, of the kinds and place where such Provision is to be Sold; during which said three days, all persons shall have free liberty to Buy of the said Provisions in the like or lesser quantities than what is before expressed, for the Supply of their Families, after the rate of the Wholesale price at that time, without any Exaction, that the Poor be not Oppressed.  
Provided, That this Act shall continue in Force unto the end of the first Session of the next General Assembly, to be held upon the last Wednesday in May, One Thousand Six Hundred Ninety Six, and no longer.   
FINIS.