ACTS and LAWS, Passed by the Great and General Court or Assembly of the Province of the Massachusetts-Bay in New-England: Begun and Held at Boston, the Thirty-first of May, 1699. And continued by several Prorogations unto Wednesday the Thirteenth of March following, and then Sat.  

An Act for putting the Militia of this Province into a readiness for defence of the same.  
WHEREAS by the Law of this Province, it is already Provided, That, in case of Alarms made either from a Sea port Town, or other Town lying Frontier to or in danger of an Enemy, the Captain or Captains of the adjacent Towns shall forthwith go or send such relief as they shall judge meet for the Offence of the Enemy, and Defence of themselves, etc. But Forasmuch as the Occasion may be such and so sudden, as it may be necessary to call together, Arm, Array and put into a posture for War the whole Militia and Forces of one or more Regiments for the Defence of the Province, and His Majesty's Subjects therein, in case of Invasion or near, approach of an Enemy before the notices thereof can reach the Captain General or Commander in Chief, to have Directions or Orders from him for the same.  

Military Commission officers Empowered by force of Arms to encounter any hostile enterprise.  Be it therefore Enacted and Declared by His Excellency the Governor, by and with the Advice and Consent of the Council and Representatives in General Court Assembled, and by the Authority of the same, That all persons Commissioned by the Captain General or Commander in Chief of this Province for the time being to bear Office in any Military Company or Troop within the same, be, and hereby are Empowered and Authorized by virtue of such Commission, when and as Occasion shall require, in the cases and to the intents and purposes above said, to Arm, Array and Weapon the Company or Troop respectively under their Command, or part of them, and by force of Arms to Encounter, Repel, Pursue, Kill and Destroy any that shall appear in hostile manner to attempt or enterprise the destruction, invasion, detriment or annoyance of any of His Majesty's Subjects, Forts, Garrisons, Towns or Plantations within this Province. And that such Officer or Officers so taking to Arms, shall forthwith dispatch notice to his or their Superior Officer of his or their motion and the occasion thereof, and observe such Commands and Orders as he or they shall receive from him.  

Colonel or chief Officer of any Regiment his Power.  And be it further Enacted by the Authority aforesaid, That the Colonel or Chief Officer of each Regiment be, and hereby is Empowered and Authorized, as occasion shall require, in any of the cases and to the intents before mentioned from time to time to assemble in Martial Array, and put into Warlike posture the whole Militia of the Regiment under his Command, or such part of them as he shall think needful, upon any Alarm, Invasion, or notice of the appearance of an Enemy by Sea or Land: And the Regiment, Companies or Troops so armed, arrayed and put into Warlike posture, or part of them to lead, conduct and employ, or to appoint some other fit person by writing under his hand to lead, conduct and employ them as well within the Regiment and County whereto they belong, as into any other adjacent County or place within this Province for the assisting, succouring and relieving any of His Majesty's Subjects, Forts, Garrisons, Towns or places that shall be assaulted by an Enemy, or in danger thereof, and with such Party, Companies or Troops, by force of Arms to Encounter, Repel, Pursue, Kill and Destroy such Enemy or any of them, by all fitting ways, 
To post away Intelligence to the Captain General etc.  erterprises and means whatsoever. And the Colonel or Chief Officer of such Regiment so taking to Arms, or sending forth any party of men, shall forthwith post away the intelligence and occasion thereof unto the Captain General or the Commander in Chief for the time being; and shall attend and observe such Directions and Orders as he shall receive from him. And in case it happen the Colonel or Chief Officer of any Regiment be out of the Limits or Precincts of the Regiment for which he is or shall be Commissioned, at the time of any Invasion, Attack or appearance of an Enemy, 
The like power given to the next Commission Officer in case of the absence of the chief Officer.  or Alarm given from any of the Neighbouring Towns or Regiments, the next Commission Officer then within the Regiment shall have, use and exercise the same powers and authorities herein before granted, until the return of the Colonel or other Superior Officer. And such Officer so acting shall post away the Intelligence thereof with the occasion for the same as aforesaid unto the Captain General, or the Commander in Chief for the time being, and shall attend and observe such Directions and. Orders as he shall receive from the Captain General or Commander in Chief therein.  
And for the better preventing of false Alarms by disorderly Shooting off Guns in the night.  
Be it further Enacted by the Authority aforesaid, That no person or persons whatsoever in any Town or Garrison, 
Penalty for Shooting off a Gun after Sun set, & before Sun rising.  shall, during the time of War, or of keeping a Military Watch in such Town or Garrison, presume to discharge or Shoot off any Gun or Guns after the Sun's Setting, or before the Sun's Rising, unless in case of Alarm, approach of an Enemy, or other necessary defence. On pain that every person so offending and being thereof convicted before one or more of His Majesty's Justices of the Peace shall forfeit and pay the Sum of Twenty Shillings for each Gun so discharged, one Moiety thereof to and for the use of the poor of the Town where the Offence shall be committed, and the other Moiety to him or them that shall inform or prosecute for the same. And if such Offender shall not have wherewith to answer the said Fine, or shall refuse or neglect to pay the same, than he ●●●ll be Set in the Stocks not exceeding two hours time.  
〈…〉 in case any person so offending be belonging to any Garrison or Forces 〈…〉 Service, and borne in His Majesty's Pay, he shall be punished at 〈…〉 of a Court Martial, or the Commission Officers of the Garri●●● 〈…〉, or Troop whereto he belongs, by putting into the Bilbo's, 〈…〉 Heels, or Riding of the Wooden Horse.   

〈…〉 of Succours and Assistantly 〈…〉 neighbouring Provinces and 〈…〉 His Majesty's Enemies.  
〈…〉 for the Raising and Sending of 〈…〉 ●●●●●bouring Provinces and Colonies for 〈…〉.  
Be it Enacted and Declared by His Excellency the Governor, Council and Representatives in General Court Assembled, and by the Authority of the same, That in the Vacancy of the General Assembly, it shall be in the power of the Captain General or Commander in Chief for the time being, by and with the advice and consent of the Council, to Transport such part of the Militia of this Province as they shall find needful, or oblige them to March into any of the Neighbouring Provinces or Colonies at any time or times as there shall be occasion until the end of the Session of the General Assembly to Meet and Sat in May, which will be in the Year of our Lord, One Thousand Seven Hundred and One, and not afterwards.   

An Act for Levying Soldiers.  
FOR the more speedy and effectual levying of Soldiers for His Majesty's Service, when and so often as there shall be Occasion of the same, for the preservation and defence of His Majesty's Subjects and Interests, and the prosecuting, encountering, repelling or subduing such as shall at any time attempt in hostile manner to enterprise the destruction, invasion, detriment or annoyance, of this His Majesty's Province, or any of His Majesty's Subjects therein. And for the better preventing disappointments through default of any employed in levying of such Soldiers, or by the non appearance of such as shall be so levied.  
Be it Enacted by His Excellency the Governor, Council and Representatives, in General Court Assembled, and by the Authority of the same, 
Chief Officer of a Regiment upon orders receied to grant Warrants forth with for the Impressing Soldiers.  That when and so often as the Chief Officer of any Regiment of Militia within this Province shall receive Orders from the Captain General or Commander in Chief for the time being of the said Province, for the detaching and improssing, or causing to be detached and impressed, for His Majesty's Service out of the Regiment under his Command, so many Soldiers as in such Orders shall be mentioned: Such Chief Officer of the Regiment shall forthwith thereupon issue forth his Warrants to the Captains or Chief Officers of the Companies or Troops within his Regiment, or such of them as he shall think sit, requiring them respectively, to detach and impress out of the Mili●ia in the Companies or Troops under their Command, so many able Soldiers furnished and provided as the Law directs, as in the whole shall make up the number which by the Orders of the Captain General or Commander in Chief he shall be directed to detach and impress. 
Penalty for neglect.  On pain that every Chief Officer of a Regiment that shall neglect or not do his utmost to send forth his said Warrants seasonably (having Orders for the same as above mentioned) shall forfeit and pay a Fine of Twenty Pounds. And every Captain or other Chief Officer of any Company or Troop that shall receive any Warrant from the Chief Officer of the Regiment whereto such Company or Troop belongs, 
Captains of Companies to have so many Soldiers in readiness as he shall be required.  for the impressing out of the same, any Soldier or Soldiers for His Majesty's Service, shall there upon use his utmost endeavour to detach or impress, or cause to be detached or impressed so many Soldiers as by such Warrant he shall be required; and to have them at the place of Rendezvous in time, as therein shall be mentioned: On pain that every Captain or Chief Officer of any Company or Troop that shall neglect or not do his utmost to comply with and perform any Warrant to be by him received as aforesaid from the Chief Officer of the Regiment, shall, for such his Neglect and default, 
Penalty for neglect.  pay a Fine of Ten Pounds. And every Officer or Soldier that shall receive a Warrant from his Captain or the Chief Officer of the Company or Troop in which he is inlisted, 
Persons employed to Impress, their penalty for neglect. Penalty for not assisting them. No reward to be taken for sparing any. Forfeitures how to be recovered.  for the detaching or impressing of men, shall forthwith attend and perform the same on pain of paying a Fine of Five Pounds; and all persons are required to be aiding and assisting to him in the Execution of such Warrant, on pain of forfeiting the Sum of Forty Shillings: And if any person authorized as aforesaid, to impress any Soldier or Soldiers for His Majesty's Service shall exact or take any reward to discharge or spare any from said Service, he shall forfeit ten times so much as he shall so exact or take.  
All which fines and penalties aforesaid, shall be one Moiety thereof unto His Majesty, for and towards the Support of the Government of this Province, and the other Moiety to him or them that shall inform and sue for the same by Action, Bill, Plaint or Information in any Court of Record.  
And be it further Enacted by the Authority aforesaid, That every person liable and fit for Service being orderly impressed as aforesaid for His Majesty's Service, 
Penalty for persons impressed neglecting to appear.  by being Commanded in His Majesty's Name to attend said Service, shall by himself or other meet person in his room (to the acceptance of his Captain or Chief Officer) attend the same at time and place appointed, on pain of suffering six months' Imprisonment without Bail or Mainprize, to be committed by Mittimus from any Justice of the Peace or Chief Officer of the Company or Troop, where no Justice of the Peace is in the Town, upon conviction of such neglect, unless such person within the space of two hours next after his being impressed, shall pay to his Captain or Chief Officer by whose Warrant he shall be impressed the Sum of Ten Pounds, to be employed for the procuring and fitting out of a suitable person in the stead of him so paying the said Sum, for the Service for which he was impressed, if such other suitable person be timely to be had, otherwise to the use of the Company or Troop whereto such person belongs, for and towards the support of the necessary Charges arising within the same, at the discretion of the Commission Officers. And if the Captain or Officer to whom the said Sum of Ten Pounds shall be paid as aforesaid by any person impressed cannot seasonably procure another suitable person to Serve in the stead of him, so paying the said fine, such Captain or Chief Officer shall in such case forthwith make out a new Warrant for impressing another Soldier instead of him that was before impressed, and shall renew his Warrants as often as there shall be occasion, until the number sent for from him be completed. And all persons paying the said Sum of Ten Pounds as before mentioned shall be esteemed as persons that have Served, and be no further or otherwise liable to any after Impress than those that actually go forth in Service at the same time.  
And all persons lawfully empowered to impress, may pursue any person that hides from the Press, 
Persons empowered to impress their power to pursue.  or makes his Escape, and may by himself or Deputy, impress such person in any place within the Province. And if any person impressed for His Majesty's Service being so duly returned, shall remove or go out of the Province, and not attend the Service as required, such person at his return shall be apprehended by Warrant from any Justice of the Peace, and be by him committed to Prison, unless such person give sufficient Security to answer it at the next General Sessions of the Peace, and upon due conviction of the said Offence, by the Oath of him that impressed him, shall suffer three months' Imprisonment, 
Penalty on persons that remove after being impressed  and before he be released, shall also pay a Fine of Ten Pounds to the use of the Company or Troop whereto he belonged at the time of his impress: And if any person directly or indirectly, by counsel or otherwise shall prevent the impressing, conceal any person impressed, or knowingly further his Escape, such person shall pay as a Fine, Forty Shillings.  
And be it further Enacted by the Authority aforesaid, 
Time of Soldier's pay  That all Soldiers shall be in pay from the time of their being impressed or detached till they be orderly discharged, and have reasonable time allowed them to repair to their usual places of abode.  
And if any Captain or other Chief Officer shall dismiss any Soldier Retained in His Majesty's Service, and assume another for gain, 
Penalty for dismissing any Soldier and assuming another for gain.  such Captain or other Chief Officer shall forfeit the Sum of Twenty Pounds to be recovered and disposed of in manner as is before provided for the fine or penalty on Officers neglecting to execute Warrants for impressing of Soldiers.  
And be it further Enacted by the Authority aforesaid, That all such Soldiers and Seamen that have been Wounded in His Majesty's Service within this Province, and are thereby Maimed or otherwise disabled, 
Pensions.  and had yearly Pensions heretofore allowed them, shall have the continuance of the same during their abode in this Province, to be paid them out of the Public Treasury. And all such Soldiers and Seamen as at any time hereafter shall be Maimed or otherwise disabled by any Wound to be received in His Majesty's Service within this Province, shall be relieved out of the Public Treasury, as the Great and General Court or Assembly shall Order.  
And if any Soldier shall lose his Arms in His Majesty's Service, not through his own neglect or default, such loss shall be born by the Public; 
Loss of Arms.  and in case any Soldier be furnished with Arms for any Expedition in said Service, he shall allow out of his Wages Four Pence Per Week for the same, and return such Arms, or otherwise pay the value thereof.  
Provided, That this Act shall continue in force unto the end of the Sessions of the General Assembly, to be begun and held on the last Wednesday in May, which will be in the Year of our Lord, One Thousand Seven Hundred and One, and no longer.   

An Act against Deserters.  
FOR the better Preventing of Soldiers or Mariners Departure from their Captains or Commanders without leave, or Deserting His Majesty's Service.  
Be it Enacted and Declared by his Excellency the Governor, by and with the Advice and Consent of the Council, 
Penalty for deserting His Majesty's Service.  and Representatives in General Court Assembled, and by the Authority of the same; That no Soldier or Mariner retained in His Majesty's Service, and Born in His Majesty's pay in Garrison or elsewhere by Sea or Land, shall Departed without Licence of his Commander and Desert His Majesty's Service, on Pain of being proceeded against as a Felon, and shall suffer the pains of Death, or some other grievous Punishment at the Discretion of the Court before whom the Trial shall be.  
And every Justice of the Peace within his Precinct, 
How deserters shall be tried.  is hereby Authorized and Required to cause all such Deserters or Runaway Soldiers or Mariners which he shall know or be informed of, to be apprehended and secured in order to a Trial at the next Assizes to be holden for the same County where they shall be taken; or at a Court of Oyer and Terminer by Commissioners to be specially Appointed and Empowered for that purpose.   

An Act for Punishing of Officers or Soldiers, who shall Mutiny or Desert His Majesty's Service.  
WHEREAS the Raising and Levying of Forces is necessary in time of actual War, or common danger by Insurrection or Rebellion, for the safety and defence of this Province, and of His Majesty's Subjects and Interests therein, and in the Neighbouring Provinces or Colonies.  
And whereas no man may be forejudged of Life or Limb or subjected to any kind of punishment by Martial Law, or in any other manner than by the judgement of his Peers, and according to the known and Established Laws of the Province. Yet nevertheless it being requisite for retaining such Forces as shall be Raised for His Majesty's Service on occasion as before mentioned, in their Duty, that an exact Discipline be observed, and that Soldiers who shall Mutiny or Stir up Sedition, or shall Desert His Majesty's Service be brought to a more exemplary and speedy punishment than the usual Forms of Law will allow.  
Be it therefore Enacted by His Excellency the Governor, 
Officers or Soldiers exciting or joining in Mutiny or Sedition, or deserting the Service how to be punished.  by and with the Advice and Consent of the Council and Representatives in General Court Assembled, and it is Declared by the Authority of the same, That every person that shall be in His Majesty's Service being Mustered and in Pay as an Officer or Soldier; who shall at any time during the continuance of this Act, excite, cause or join in any Mutiny or Sedition in the Army, Fortress or Garrison whereto such Officer or Soldier belongs; or shall desert His Majesty's Service in the Army, Fortress or Garrison, shall suffer Death or such other punishment as by a Court Martial shall be inflicted. 
Captain General or Commanders in Chief of the Province, with the consent of the Council to grant Commission for Courts Martial.   
And it is hereby further Enacted and Declared, That the Captain General or Commander in Chief of this Province for the time being, may by virtue of this Act, and during the continuance thereof have full Power and Authority, by and with the advice and consent of the Council, to grant Commission to any Colonel or other Field Officer in His Majesty's Service, and under Pay from time to time, to call and assemble Courts Martial, for punishing such Offences as aforesaid.  
And it is hereby further Enacted and Declared, That no Court Martial which shall have power to inflict any punishment by virtue of this Act for any of the Offences aforesaid, shall consist of fewer than Eleven; 
Constitution of such Court.  whereof none to be under the degree of a Commission Officer; And the President of such Court Martial not to be under the degree of a Field Officer, 
Power to Swear witnesses.  or the then Commander in Chief of the Forces under Pay, where the Offender is to be Tried. And that such Court Martial shall have Power and Authority to Administer an Oath to any Witness in order to the Examination or Trial of the Offences aforesaid.  
Provided always, 
Ordinary Process of Law not exempted.  That nothing in this Act contained shall extend or be construed to Exempt any Officer or Soldier whatsoever from the ordinary Process of Law.  
Provided also, That this Act shall continue and be in force until the first day of July, 
Time of the continuance of this Act.  in the Year of our Lord, One Thousand Seven Hundred and One, and no longer.  
Provided always and be it Enacted, That in all Trials of Offenders by Courts Martial to be held by virtue of this Act, 
Officers on Trials before a Court Martial to be Sworn.  where the Offence may be punished by Death, every Officer present at such Trial before any proceeding be had thereupon, shall take an Oath before the Court, and a Justice of Peace if any such be there present; Otherwise the President of such Court, being first Sworn by two of the Members thereof, shall Administer the Oath unto the others. And the President of such Court, and any two other Members thereof are hereby respectively Authorized to Administer the same in these words. That is to say,  


Form of the Oath,  YOU shall well and truly Try and Determine according to your Evidence the matter now before you between Our Sovereign Lord the KING, and the Prisoner to be Tried. So help you God.   

No Sentence of Death to pass on Offenders, unless nine of Eleven agree.  And no Sentence of Death shall be given against any Offender in such case by any Court Martial, unless nine of the Eleven Officers present shall concur therein. And if there be a greater number of Officers present, than the Judgement shall pass by the concurrence of the greater part of them so Sworn; which major part shall not be less than nine, and not otherwise. Nor shall any Sentence of Death passed by any Court Martial upon any Offender, be put in Execution, 
No Sentence of Death to be Executed until the Captain General etc. give directions therein.  until Report be made of the whole matter by the President of such Court, unto the Captain General or Commander in Chief of this Province for the time being, in order to receive his directions therein, and the Prisoner shall be kept in safe custody in the mean time And the Provost Martial shall have a Warrant Signed by the President of the Court to cause Execution to be done according to Sentence before the same be Executed.   

An Act to prevent the Deserting of the Frontiers of this Province.  
FORASMUCH as the maintaining and defending of the Frontiers in time of War is of very great import. And in regard it would greatly prejudice His Majesty's Interest, and Encourage an Enemy if any of the Out Posts should be quitted or exposed by lessening the strength thereof.  
Be it therefore Enacted by His Excellency the Governor, by and with the Advice and Consent of the Council, and Representatives in General Court Assembled, and by the Authority of the same, That no Town or Precinct, being a Frontier of this Province, which the Towns hereafter named are to be so accounted. That is to say, Wells, York, Kittery, 
Frontier Towns etc.  Aimsbury, Haverhill, Dunstable, Chelmsford, Groton, Lancaster, Marlborough, Brookfield, Deerfield, Mendon, and Woodstock. Nor any of the Towns following, To wit, Salisbury, Andover, Billerica, Hatfield, Hadley, Westfield and Northhampton (which though they be not Frontiers as those Towns first named, 
Not to be broken up or deserted without leave.  yet lie more open than many others to an Attack of an Enemy) shall be broken up, or voluntarily deserted, without application first made by the Inhabitants, and allowance had and obtained from the Governor or Commander in Chief and Council for their drawing off, if it appear to them that it may be of public advantage, 
Penalty on particular persons that shall desert.  or that the place is not Tenable. Nor shall any Inhabitant of the Frontier and other Towns or Precincts beforenamed, or of any of them, having an Estate of Freehold in Lands or Tenements within the same, at the time of any Insurrection, or breaking forth of any War, remove from thence, with intent to sojourn or inhabit elsewhere without special Licence first had and obtained as aforesaid. On pain of forfeiting all his Estate in Lands and Tenements lying within the Bounds or Limits of such Town or Precinct unto His Majesty to be disposed by Grant of the General Assembly, and the produce thereof to be employed towards the defence of such Town or Precinct, and support of the Garrisons within the same, 
Forfeiture how to be Employed.  and not otherwise. And the Select men or major part of them together with the Chief Military Officer of such Town or Precinct are hereby enjoined and ordered to give notice by Certificate in Writing under their hands into the Clerk's Office of the Superior Court of Judicature, of the removal of any such person or persons as aforesaid: And the Clerk on Receipt thereof shall issue out a Scire Facias, requiring the person or persons so removing, to appear at the next Superior Court of Judicature to Sat within the same County to show cause if any there be, why Judgement should not be entered for the forfeiture of his Lands and Tenements as by this Act is before directed. 
Forfeiture how to be recovered.  And in case any person being lawfully Summoned fifteen days before the day of the Courts Sitting, and return thereof made by the Officer shall make default of appearance by himself or Attorney at the Court where such Writ is returnable, his default shall be recorded, and another Scire Facias be issued out for his appearance at the next Court, and if such person, being duly Summoned, and return thereof made as aforesaid a second time, do not then appear, or if he appear either at the first or second Summons, and shall not produce a Licence from the Governor and Council for his removal, Judgement shall be entered for the forfeiture of such Lands or Tenements, notwithstanding any real or pretended Sale or Conveyance thereof, or any part thereof made between the breaking out of a War, Insurrection or Rebellion and such judgement entered up.  
And be it further Enacted by the Authority aforesaid, That no Male person of Sixteen Years of Age or upwards that shall be an Inhabitant of or belonging to any of the said Towns or Precincts herein before named, 
Penalty on persons removing that have no Estate in Lands  at the time of any Insurrection or breaking forth of any War as aforesaid, and not have any Lands or Tenements in such Town or Precinct shall presume to remove from the same to sojourn or remain elsewhere during the time of such Insurrection or War without special Licence first had and obtained as aforesaid, On pain of forfeiting unto His Majesty the Sum of Ten Pounds, towards Support and Defence of said Town or Precinct from whence he shall so remove, and the Garrisons within the same, upon Conviction of such removal at the Court of General Sessions of the Peace in the County where such Town or Precinct lies. And the Select-men or major part of them, with the Chief Military Officer of any Town or Precinct from which any such person shall remove without Licence as aforesaid, 
Forfeiture how to be applied and recovered.  are hereby ordered and enjoined, to send a Certificate in Writing under their hands of the removal of such person, and time when, unto some of His Majesty's Justices of the Peace in the County where they shall be informed such person may be found. And every Justice of the Peace unto whom such Certificate or Complaint shall be brought, is hereby empowered and required to grant a Warrant for the apprehending of such person, if he may be found within his Precinct, and conventing of him before himself, or some other of His Majesty's Justices, who shall require sufficient Security for such person's appearance to answer for the same at the next General Sessions of the Peace to be holden for the same County from whence he did so remove, 
Justices of the Peace to apprehend persons so removed.  and transmit the Recognizance taken for such person's appearance accordingly unto the Court. And in case the party can find no such Security, than such Justice before whom he shall be convented, shall cause him to be conveyed, at his own Charge from Constable to Constable, and carried before one of His Majesty's Justices within the County from whence he removed, who is empowered and required to commit such Offender unto the Common Goal of the County, unless he can find Security as aforesaid. And if such person be Convicted of the said Offence, and be ordered by the Court to pay the fine or forfeiture aforesaid, and shall neglect or be unable to pay the same, he shall be employed in Service for the benefit of said Town or Precinct as the Select men shall direct, until by his Service he shall have fully answered and satisfied the said forfeiture.  
Provided this Act shall continue and be in force until the end of the Session of the General Assembly, to begin and be held in May, in the Year of our Lord, One Thousand Seven Hundred and One, and no longer.   

An Act to Repeal one part of an Act passed by the Great and General Court or Assembly, begun and held at Boston the Twenty-fifth day of May, 1698. Entitled, An Act for the Establishing of Precedents and Forms of Writts and Processes in Civil Causes, and for making other Provision instead thereof.  
WHEREAS in and by the aforesaid Act (amongst other things) it was Enacted, That where any Execution shall be returned satisfied in part only, the Officer who granted the same may ex Officio renew or make out an Alias Execution for the Remainder, provided it be done within the space of Twelve months' next after Judgement given, without a Scire Facias being sued forth by the party that recovered the Judgement; which said Clause or part of the Act aforesaid being found by Experience to be inconvenient and prejudicial in many respects.  
Be it Enacted and Ordained by His Excellency the Governor, Council and Representatives in General Court Assembled, and by the Authority of the same, That the aforesaid Clause or part of the said Act, and every Article, Matter and Thing therein contained, shall and is hereby repealed, determined made void, and of none Effect and Force, as if the same had never been made.  
And that there may be no delay or failure of Justice in any kind within this Province.  
Be it further Enacted and Declared by the Authority aforesaid, That where any Execution is, or shall be returned, That neither the Goods, Estate, or person of the Defendant in such Execution named can be found, or that the said Execution is satisfied only in part, the Officer from time to time, within the space of twelve months' next after return thereof made into the Office, may ex Officio renew or make out an alias or pluries' Execution for the whole, or the remainder as the Case may be, until the Judgement be fully satisfied without a Scire Facias being Sued forth upon the Judgement recovered; Any Law, Custom, or Usage to the contrary in any wise notwithstanding.   

An Act in Addition to the Act for building with Stone or Brick in the Town of Boston, and preventing Fire.  
FORASMUCH as notwithstanding the good and wholesome Provision made and Established by the said Act, Entitled, An Act for building with Stone or Brick in the Town of Boston, and preventing Fire, Past in the Fourth year of the Reign of His present Majesty, and of the late Queen MARY, His Royal Consort of happy Memory, divers persons the penalty in said Act not regarding, have been so hardy as to Erect and build Houses, Tenements, and Edifices of Timber, contrary to the express prohibition, true intent and meaning of the said Law. And Forasmuch as the demolishing of such Houses and Buildings (being now finished) and proceeding according to the directions of the said Law, would probably be thought over great Severity. Yet that such bold and open contempt may not pass wholly unpunished, and to the intent that others may be deterred from doing the like for future.  
Be it Enacted by His Excellency the Governor, Council and Representatives in General Court Assembled, and by the Authority of the same, That the Court of General Sessions of the Peace within the County of Suffolk, 
Penalty on such as have built with Timber contrary to Law.  be and is hereby Empowered and Required to take effectual Order for the enquiring after and conventing before them, all persons that have so transgressed as aforesaid, in having presumed to Erect, or that have caused to be Erected and Set up within the Town of Boston aforesaid, any House, Edifice or Building of Timber; Or of Brick or Stone, and not covered the same with Slate or Tyle contrary to the afore recited Act, and the true intent and meaning thereof; Not having had and obtained Licence from the Governor and Council for his or their so doing; Or that have not observed and performed the Terms or Condition of such Licence; and upon due conviction of any such Offence, to fine every such person and persons at the discretion of said Court according to the circumstances aggravating the Offence, 
Fines how to be applied.  with respect to the place where such House or Building is Erected or otherwise, not exceeding the Sum of Fifty Pounds, for one Offence, which shall excuse them from any further penalty of the Law. All such Fines to be applied towards the Raising of a Stock for the Setting of the Poor on work within the said Town, at the Workhouse for that purpose appointed or to be appointed. 
Grand jury to inquire & present such Transgressions.   
And the Grand Jury for the said County from time to time are required diligently to inquire after, and to present unto the Court all transgressions of the Law in that kind, which shall come to their knowledge.  
And inasmuch as it may be of no apparent hazard unto the said Town, and for the ease and benefit of divers Inhabitants and Proprietors within the same, That in some parts of the said Town of Boston, Timber Buildings should be permitted and allowed to be Erected.  
Be it Enacted by the Authority aforesaid, That the Justices of Peace, 
Governor & Council may grant Licence to build with Timber.  and the Select-men of the said Town of Boston, or the major part of each, certifying their approbation thereof, the Governor and Council may grant Licence for the setting up of Timber Houses and Buildings, with and under such Conditions, Limitations and Restrictions for the enclosing and covering thereof as they shall think fit: Any Law, Usage or Custom to the contrary in any wise notwithstanding.   

An Act relating to Billerica Bridge in the County of Middlesex.  
FOR Issuing of the Controversy between the Towns of Groton, Billerica and Chelmsford, and the Inhabitants of the Farms adjacent arising by reason of the refusal or neglect of the Agents for the Town of Groton aforesaid, to pay the Sum set and proportioned on their Town, for and towards the Erecting and Building of the Bridge in the said Town of Billerica, in the County of Middlefex, which ought in equity to have been paid, the Sum being Twenty Four Pounds and Ten Shillings.  
Be it Enacted by His Excellency the Governor, Council and Representatives in General Court Assembled, and by the Authority of the same, That the Court of Quarter Sessions of the Peace to be holden at Concord, in the said County of Middlesex, on the Second Tuesday of June next, are hereby ordered and empowered to issue and send forth a Warrant to the Select men or Assessors of the said Town of Groton, requiring them forthwith to Levy and Assess the said Sum of Twenty Four Pounds and Ten Shillings Money, on the Inhabitants of their Town according to Law, and with the Assessment to deliver a Warrant to the Constable of their Town, requiring him to Collect and Gather the same, and said Sum so collected, to deliver and pay in unto Major Thomas Hinksman, Major Jonathan Tinge, and Mr. John Lane Undertakers for the Building of the Bridge lately Erected in Billerica abovesaid, and said Constable to pay in the said Sum, and issue and settle his account with the said Undertakers, at or before the first day of August next. And Groton shall not be liable to Contribute any thing further toward the Repair or Rebuilding said Bridge at any time for the future, unless the General Court or Assembly shall order the same.   

An Act directing how Rates or Taxes to be Granted by the General Assembly shall be assessed and collected.  
FORASMUCH as for the Support of the Government of this His Majesty's Province of the Massachusetts Bay in New England, and for the safety and defence of the said Province, and defraying of the contingent Charges arising within the same, it is necessary a suitable supply of Money should be from time to time granted by the Great and General Court or Assembly of the said Province. To the intent therefore that there may be due provision made and established for assessing all such Sum and Sums of Money as shall be hereafter granted by the Great and General Court or Assembly of this Province to be Levied upon the Polls or Estates within the same, or upon both Polls and Estates, for the support of the Government thereof, or any other public use or uses whereto the General Assembly shall think fit to apply such Grant or Grants. As also that there may be like due provision to enforce the collecting and paying into the Treasury such Sum and Sums of Money so to be granted as aforesaid according to the true intent of the Act or Acts granting the same.  
Be it Enacted by His Excellency the Governor, Council and Representatives in General Court Assembled, and by the Authority of the same, That in the month of March annually, at the same time when Town Officers are chosen by the respective Towns within this Province according to the direction of the Act Entitled, 
Assessors to be annually chosen in the Month of March.  An Act for Regulating of Townships, choice of Town Officers, and setting forth their Power: There may be Elected and Chosen by the Freeholders and other Inhabitants of every Town duly qualified to Vote in Town Affairs, then present, or the major part of them, three, five, seven or nine meet persons to be Assessors of all such Rates and Taxes as the Great and General Court or Assembly shall by any Act or Acts to be by the same duly made and passed, order and appoint such Town to pay towards the Public Charges of the Province, within or during the space of one year from the Choice of such Assessors; Every of which so Chosen, 
to be Sworn.  shall within the space of seven days next after, be Sworn before a Justice of the Peace, or Town Clerk in any Town where no Justice of the Peace dwells (who are hereby respectively empowered thereto) in manner following. That is to say,  


Form of Assessors Oath.  YOU A. B. being Chosen an Assessor of such Rates or Taxes as the Great and General Court or Assembly of this Province have or shall order and appoint the Town of C. to pay into the Province Treasury, during the space of one year next ensuing. Do Swear, That in essissing or apportioning such Rates or Taxes you will proceed equally and indifferently according to your best skill and judgement and the Rules to be prescribed in the Act or Acts granting the same. So help you God.   
And the Town Clerk or two of the Select-men of every Town shall forthwith make and give out unto the Constable or Constables of the same, a List of the names of those that shall be Chosen Assessors at any Town meeting as aforesaid. Which Constable or Constables shall thereupon Summon each of the said Assessors, to appear at a certain time and place within the space of seven days from the day of their Election, before a Justice of the Peace, if any dwell in such Town, or otherwise before the Town Clerk thereof, to take the Oath above mentioned. And if any such Assessor shall neglect to appear accordingly; Or appearing, shall refuse to take the said Oath, he shall forfeit and pay to the use of the Poor of such Town, 
Penalty on Assessors chosen that shall refuse.  the Sum of Forty-Shillings, and if in Boston, Five Pounds, to be recovered in manner and form as is by Law provided for recovering of sins and forfeitures to the use of the poor.  
And the Select-men of every such Town where any one or more of the Assessors so chosen as aforesaid, shall refuse to Serve as aforesaid, shall forthwith after notice thereof, Summon a Meeting of the Freeholders and Inhabitants of such Town, to choose one or more Assessor or Assessors in the room or rooms of such so refusing. 
a new choice to be made.  Which Freeholders and Inhabitants duly qualified to Vote, being so assembled, shall accordingly choose so many Assessors as shall be wanting to complete the number, which the Town at the time of their first choice voted and agreed should be Elected for the fame. Provided nevertheless, That it shall be in the power of the Court of General Sessions of the Peace upon reasonable excuse made unto them by any Assessor or Assessors chosen for any Town or Towns in the County for which such Court is holden and kept, 
Court of General Sessions of the Peace Empowered to abate or remit the Penalty.  that shall retuse to accept as aforesaid, to abate and remit unto such Assessor or Assessors (if they see cause) the forfeiture or penalty aforesaid.  
And be it further Enacted by the Authority aforesaid, That if any Town shall not choose Assessors as aforesaid, or if so many of them so chosen as aforesaid, 
Select men or trusties of Towns to be Assessors in case.  shall refuse to accept as that there shall not be such a number of them as any Town shall agree to be the Assessors thereof: Then and in either of the said Cases, the Select-men or trusties of such Town shall be, and are hereby declared and appointed the Assessors of the same, and every of them shall take the Oath before recited in manner as aforesaid. 
Assessors Allowance.  And each Assessor attending that Service shall be allowed and paid out of the Town Treasury, Two Shillings Per Diem for each day, he is necessarily employed thereabout.  
And be it further Enacted by the Authority aforesaid, That if at any time there shall be a default or neglect in any Town or Precinct, 
Penalty on Towns that shall, neglict to choose Select-men or Assessors.  to make choice of Select men or Assessors, the said default or neglect being certified and made appear unto the General Sessions of the Peace within the same County, such Town or Precinct shall forseit and pay the Sum of Twenty Pounds, for and towards the Support of the Government of this Province, and in such case, as also where neither the Select men nor Assessors chosen by any Town shall accept thereof, the Justices of the Court of General Sessions of the Peace in the same County shall and are hereby empowered to nominate and appoint three or more sufficient Freeholders within such County to be Assessors of the Public Rates or Taxes in any such Town as aforesaid. 
Court of General Sessions of the Peace to appoint Assessors in case.  Which Assessors so to be appointed by the said Court shall take the Oath before recited, and shall then assess the Estate and persons of such Town or Precinct of which they shall be appointed Assessors their due proportion to any public Tax according to the Rules set down in the Act for Raising of the same, together with the aforesaid forfeiture of Twenty Pounds where the Town makes default, and such additional Sum as shall answer their own reasonable Charges for time and expense in said Service, not exceeding Five Shillings a man Per Diem, and having assessed the same, 
Allowance to such.  shall transmit a Certificate there of to the Treasurer, with the names of the Constables or Collectors to whom they shall commit the same to be collected.  
And such Assessors shall be paid their Charges as abovesaid (the same being adjusted and certified by two or more Justices of the Court by whom they were appointed Assessors, 
To be paid out of the Public Treasury,  under their hands) out of the Public Treasury by Warrant from the Governor, with the advice and consent of the Council.  
And be it further Enacted by the Authority aforesaid, That all Assessors as aforesaid, shall duly attend and observe all such Warrants as during the time of their Office they shall receive from the Treasurer and Receiver General of this Province, 
Penalty on Assessors that shall neglect their duty.  pursuant to any Act or Acts to be made and passed by the Great and General Court or Assembly of the same; for the assessing and apportioning, any Province Rate or Tax upon the Inhabitants or Estate within the Town whereof they are Assessors; On pain that the Assessors of any Town or Precinct failing of their duty by such Warrant of the Treasurer of them required, shall forfeit and pay the full Sum and Sums in such Warrant mentioned to be by them Assessed upon the Inhabitants or Estate of the Town or Precinct whereof they are Assessors, if the said Sum and Sums be therein made certain. Which shall be Levied by Distress and Sale of the Estates real or personal of such defective Assessors by Warrant from the Treasurer directed to the Sheriff or Marshal of the County in which such Town or Precinct lies. And the Treasurer is hereby authorized and required in such case ex Officio to issue his Warrant, requiring the Sheriff or Marshal to Levy the said Sum and Sums accordingly, and for want of Estate to take the Bodies of such defective Assessors, and to Imprison them until they pay the same. Which Warrant the Sheriff or Marshal is hereby empowered and required to execute accordingly.  
Provided nevertheless, and be it further Enacted by the Authority aforesaid, That if the Sum to be paid by any Town or Precinct to any Province Rate or Tax be not made certain by the General Assembly, Then and in such case any Assessors failing as aforesaid, 
Penalty of defective Assessors when the Sum to be paid by any Town to a Tax is not made certain.  shall forfeit and pay a fine, not exceeding Twenty Pounds, at the discretion of the Court of General Sessions of the Peace in the same County, being thereof convicted before said Court at the suit or complaint of the Treasurer and Receiver General or any other on his behalf: And such fine to be unto His Majesty, for and towards the Support of the Government of this Province; And the Court before whom such conviction shall be, shall forthwith thereupon appoint other meet persons to be Assessors of such Rate or Tax according to the directions contained in the Treasurers Warrant issued unto the former Assessors; And the Assessors which shall be then so appointed by said Court, shall take the Oath and be liable to the same duty and penalties as the former Assessors.  
And be it further Enacted by the Authority aforesaid, That if any person or persons shall at any time be aggrieved at the Sum or Sums to be set and apportioned upon him or them by the Assessors of any Town or Precinct, 
Persons overrated to be eased.  and shall demonstrate that he or they are Rated more than his or their proportion with others according to the Rule given to said Assessors, to the Sum set upon such Town or Precinct by any Act or Acts of the General Assembly, said Assessors shall ease him or them so aggrieved; And if they shall refuse so to do, such person or persons aggrieved, complaining unto the next General Sessions of the Peace within that County, and making appear that he or they are assessed more than his or their proportion as aforesaid, shall be heard and relieved by the Justices in said Sessions, and shall be reimbursed out of the Town Treasury so much as the said Justices or Assessors respectively shall see cause to abate him or them, with the Charges. And the Court of General Sessions of the Peace are Empowered upon the complaint of any party grieved to require the Assessors to produce the Lists of their Assessment.  
And be it further Enacted by the Authority aforesaid, That all County and Town Rates and Assessments shall be apportioned by the Select-men or Assessors of the several Towns and Precincts within this Province, 
Town & County Rates to be apportioned by the same rule as public Taxes granted the same year.  upon the Inhabitants and Estates within the same, according to the Rule that shall from time to time be prescribed and set by Act of the General Assembly for the apportioning and assessing of the Public Taxes that shall be granted unto His Majesty in that same year; And such Select men or Assessors shall be under the like obligation of the Oath administered unto them for making of the public Tax equally and impartially to proportion such County or Town Assessments by the same Rules.  
And be it further Enacted by the Authority aforesaid, That the Freeholders and Inhabitants of any Town duly qualified to Vote in Town Affairs may (if they see cause) at the same time that they choose Assessors as is before provided, 
Collectors of public Taxes may be chosen at the same time with the Assessors.  likewise Elect and Choose a meet person or persons to be Collector or Collectors of the Public Rates or Taxes that shall be assessed upon such Town, and agree what Sum or Sums shall be allowed and paid out of the Town Stock unto such Collector or Collectors for his or their Service therein. But if such Collector or Collectors so to be Chosen shall refuse to accept that Service, or that none such be chosen, Then the Constable or Constables of such Town shall collect and gather such public Rates or Taxes; And every Collector or Constable shall have a Warrant from the Treasurer and Receiver General, impowring him to collect such Rates or Taxes as shall be committed to him to collect; and shall pay in the same according to the directions in such Warrant.  
And in case of any Constables or Collectors decease before his perfecting the Collection of any public Assessment committed to him, 
Provision in case of Constables or Collectors decease.  the Assessors of such Town shall procure and appoint, at the Towns Charge, some other fit person or persons to perfect the same Collection, and present his or their names unto the Treasurer, who is hereby authorized and required to enable and empower such person or persons to collect the same, by granting him or them his Warrant.  
And be it further Enatted by the Authority aforesaid, 
Sheriff to disperse the Treasurer's Warrants.  That the Treasurer and Receiver General shall send such Warrants as he shall be from time to time ordered to issue for the assessing or collecting any public Rate or Tax, enclosed to the Sheriff or Marshal of each respective County, who is required immediately to disperse and transmit the same unto the Assessors, Constables or Collectors of the several Towns and Precincts within such County, according to the directions thereof. And for his Service, Charge and Expense therein, 
To be paid out of the County Treasury.  shall have a reasonable allowance ordered him by the Justices of the General Sessions of the Peace in the same County, to be paid out of the County Treasury upon his laying the account thereof before them.  
And be it further Enacted by the Authority aforesaid, That if any person or persons shall refuse to pay the Sum or Sums whereat they shall be assessed as their proportion to any public Rate or Tax in the List committed to any Constable or Collector under the hands of the Assessors of such Town, or of the major part of them, 
Constable or Collector empowered to distrein in case, etc.  upon demand thereof made by the said Constable or Collector, by virtue of the Warrant to him given; It shall and may be lawful to and for such Constable or Collector, and he is hereby authorized and required in such case to distrein the person or persons so refusing, by his or their Goods or Chattels, and the distress or distresses so taken to keep by the space of four dayss at the cost and charges of the Owner thereof. And if the said Owner do not pay the Sum and Sums of Money so assessed upon him within the said four days, than the said distress or distresses to be forthwith openly Sold at an outery by the said Officer for payment of the said Money, 
Distress to be Sold by Outery.  (notice of such Sale being posted up in some public place in the same Town, twenty four hours be fore hand) and the over plus coming by the said Sale (if any be) over and above the Charges of taking and keeping the said Distress or Distresses to be immediately restored to the Owner. And if any person or persons assessed as aforesaid, shall refuse or neglect to pay the Sum or Sums so assessed, 
Persons to be committed, not having whereof to distrein.  by the space of twelve days after demand thereof where no sufficient distress can or may be found whereby the same may be levied. In every such case two or more of the Assessors in such Town are hereby Authorized by Warrant under their hands and seals to commit such person or persons to the Common Goal, there to be kept without Bail or Mainprize until payment shall be made.  
And be it further Enacted by the Authority aforesaid, That where any person or persons shall remove from any Town or place where he or they lived, 
Persons removing from the place where they were assessed, may be taken in any other.  or had his or their residence at the time of making the Lists of any public Tax or Assessment, not having before paid the respective Sum or Sums set upon him or them by such Lists. It shall and may be lawful to and for the Constable or Collector to whom any such Tax or Assessment shall be committed with Warrant to collect, and he is hereby authorized and empowered to demand the Sum or Sums assessed upon such person or persons, in what Town or place soever he or they may be found, and upon refusal or neglect to pay the same, to distrein the said person or persons, by his or their Goods or Chattels as aforesaid; and for want of such Distress to commit the party to the Common Goal, there to remain until payment be made.  
And be it further Enacted by the Authority aforesaid, That where the Owner or Tenant of any Lands liable to public Taxes shall not reside or be an Inhabitant of the Town or Precinct in which such Lands lie, 
Provision in case of Lands being rated in any Town, in which the Owner or Tenant thereof does not dwell.  and no Stock, Corn or Hay can be found upon the said Lands, whereof the Constable or Collector may make distress to satisfy such Sum or Sums as from time to time such Lands shall be assessed at, either to the Province, County, or Town Charges; In such case any Justice of the Peace in the County where the Occupant of any such Lands dwells or resides, upon application to him made by the Constable or Collector to whom the List wherein such Lands shall be assessed shall be committed, and upon sight of the same, or authentic Copy thereof, may, and hereby is empowered and required to grant a Warrant unto the Constable of the Town or Precinct where such Occupant dwells or resides, to distrein such Occupant, by his Goods or Chattels, the full Sum at which said Lands are set in such List of Assessment with the Charges occasioned for making such Distress and to satisfy the same by Sale thereof, returning the over plus (if any be) to the Owner. And in case no Goods or Chattels can be found whereon to distrein; to commit the party to the Common Goal of the County, there to remain without Bail or Mainprize, until he pay and satisfy the Sum or Sums so assessed with the Charges.  

Provision in case of persons being about to remove before the time for payment of the Second part of any Tax.  And be it further Enacted by the Authority aforesaid, That when at any time the General Assembly shall order any public Rate or Tax by them granted, to be paid into the Treasury at two or more several times or days of payment, and any person or persons being Inhabitants or Dwellers in any Town or Precinct within this Province at the time of making such Rate or Tax, and being assessed thereunto, shall be about to remove him or themselves from thence before the time that shall be prefixed for payment of the same; It shall and may be lawful in such case to and for the Constable or Collector of the same Town or Precinct, to demand and levy the whole Sum and Sums which such person or persons shall be assessed at in the List or Lists to such Constable or Collector committed, notwithstanding the time for collecting the second part of such Rate or Tax may not then be come; And in default of payment to distrein for the same, or to take any other way or course for the obtaining thereof, according to the rules and directions herein before provided. And when and so often as it happens that Constables be a new Chosen and Sworn for any Town before the former Constables have perfected their Collection of any Tax or Assessment to them committed to gather; 
Constables to whom any Tax shall be committed to perfect their collection although other Constables be chosen.  Such former Constables are notwithstanding hereby fully empowered and required to perfect all such Collections, and may exercise the same powers and authorities for the gathering and enforcing the payment thereof as by this Act they might have done before other Constables were Chosen and Sworn.  
And be it further Enacted by the Authority aforesaid, That if any Constable or Collector to whom any Public Tax or Assessment shall be committed to collect, 
Penalty on defective Constables or Collectors  shall be remiss and negligent of his duty, in not levying and paying unto the Treasurer, his Deputy or Deputies, such Sum and Sums of Money; as from time to time he shall have received and as aught by him to have been paid within the respective times set and limited by the Treasurer's Warrant, according to the directions therein pursuant to Law: The Treasurer is hereby empowered after the expiration of the time so set by Warrant under his hand and seal, directed to the Sheriff or Marshal to cause such Sum and Sums of Money to be levied by Distress and Sale of such defective Constables or Collectors Estate, real or personal, returning the Over-plus (if any be) and for want of such Estate to take the Bodies of such Constables or Collectors, and to imprison them until they pay the same. Which Warrant the Sheriff or Marshal is hereby empowered and required to execute accordingly.  
And be it further Enacted, That if any Constable or Collector so failing as aforesaid, have no Estate to be found whereon to make distress, 
The Town or Precinct in which any defective Constable or Collector lives to be answerable for his payment in to the Treasury the Sums committed to him to collect.  and his person cannot be taken within the space of two months from the time which was set for his paying the same into the Treasury: In such case the Town or Precinct whereof the Constable or Collector so fails of his Duty, shall within three months from the expiration of said two months make good to the Treasury the Sum or Sums due and owing to the same from such defective Constable or Collector: Which the Assessors of such Town, (having notice from the Treasurer of the failure of any Constable or Collector as afore said) shall forthwith thereupon, without any other or further Warrant, assess upon the Inhabitants and Estates of such Town in manner as the Sum so committed to such defective Constable or Collector was assessed: And commit the same to some other Constable or Collector to collect, who is to be empowered thereunto by Warrant from the Treasurer. Provided always, That such Constable or Collector failing of his duty as aforesaid, for whose default the Town is answerable as before expressed, shall at all times after wards be liable to the Action or Suit of the Treasurer of such Town for all such Sum and Sums as were assessed upon the same through his default, and for other damages accrueing unto the said Town thereby.  
And in case of the decease of any Constable or Collector in any Town before his having adjusted the Accounts of the Assessment to him committed, 
Executors or Administrators of Constables deceased to make up their accounts etc.  the Executors or Administrators of such Constable or Collector shall within two months after his decease, settle and make up Accounts with the assessors of the same Town, of such part of the said Assessment as was received and collected by the deceased Constable or Collector in his life time: With which such Executors or Administrators shall be chargeable in like manner as the deceased Constable or Collector should be if living; And such Assessors shall thereupon procure and appoint other fit person or persons to perfect such Collection as is before provided. And if the Executors or Administrators of any Constable or Collector so deceasing, not having fully collected the Assessment committed to him, shall sail of making up and settling the Account of what was received by the deceased as aforesaid before the expiration of the time aforesaid, such Executors or Administrators shall be chargeable with the whole Sum committed to be collected by the Constable or Collector unto whom they are Executors or Administrators in manner as the deceased Constable or Collector should be if living, in case there be sufficient Assets.  
And be it further Enacted by the Authority aforesaid, 
Penalty on defective Sheriffs or Marshals.  That where any Sheriff or Marshal shall make default in accounting for, or returning into the Treasury the Sum and Sums mentioned in any Warrant or Warrants of distress by him to be received from the Treasurer, The Treasurer in such case is hereby authorized and empowered to make out his Warrant directed unto the Coroner of such County where any Sheriff is defective, or to the Constable of the Town in which a defective Marshal lives, Requiring them respectively to distrain the same upon the Estate real or personal of such defective Sheriff or Marshal, as is before herein directed referring to the Sheriff or Marshal, making Distress upon the Estate of defective Constables or Collectors. Which Warrant the Coroner of any County, or Constable of any Town to whom the same shall be directed, are hereby respectively empowered and required to execute accordingly.  
And be it further Enacted by the Authority aforesaid, That where any Sheriff or Marshal or any of their Deputies shall, by Warrant from the Treasurer, pursuant to this Act, distrain and levy the Lands or Tenements of any Constable or Collector, or where any Coroner or Constable shall, by Warrant as aforesaid distrain and levy the Lands or Tenements of any Sheriff or Marshal for their or any of their defaults in not collecting or not paying into the Treasury any Sum or Sums of money which ought to be by them collected, 
How real Estates levied by the Treasurer's Warrant shall be disposed of.  levied and paid in as aforesaid. In every such case the Sheriff or Marshal, or either of their Deputies, or the Coroner or Constable executing such Warrant or Warrants of distress shall cause a due apprizement to be made of any Houses or Lands so levied by the Oaths of two or three sufficient Freeholders in the same County; (which Oath any Justice of the Peace is hereby empowered to administer,) and after apprizement thereof so made, is hereby fully authorized and empowered to make Sale of such Houses or Lands, and to make Seal, acknowledge and execute good and sufficient Deeds and Conveyances for the same, and out of the produce thereof to pay and satisfy the Sum or Sums for which such Estate shall be levied with all Charges arising thereon, and to return the overplus upon such Sale (if any be) unto the Owner: And all Deeds and Conveyances of any such Estate in Houses or Lands duly executed as aforesaid shall be good and effectual in the Law unto the Purchaser and his Heirs and Assigns for ever to all intents and purposes.  
Provided always, and be it further Enacted by the Authority aforesaid, That in no case whatsoever any Distress shall be made or taken from any person or persons of his or their Beasts belonging to the Plough, 
Things Exempted from Distress.  nor of Tools or Implements necessary for his or their Trade and Occupation, nor of his or their Arms, or Utensils of Household necessary for upholding of life, nor of Bedding or Apparel necessary for him or themselves or Family. Any Law, Usage or Custom to the contrary in any wise notwithstanding.  
Provided also, That this Act shall continue and be in force until the first day of July, in the Year of our Lord, One Thousand Seven Hundred and Three, and no longer.