ACTS AND LAWS, Passed by the General Court or Assembly of His Majesty's Province of New-Hampshire in New-England. Begun and Held at Portsmouth, on Monday the Seventh Day of August, 1699. Anno Regni Gulielmi Tertii, Angliae, Scotiae, Franciae, et Hiberniae, REGIS, Undecimo. royal blazon or coat of arms W R HONI SOIT QVI MAL Y PENSE DIEV ET SON DROIT BOSTON, Printed by Bartholomew Green, and John Allen, Printers to His Excellency the Earl of BELLOMONT. 1699. Anno Regni Regis Gulielmi III Undecimo Acts and Laws, Passed by the General Court or Assembly of His Majesty's Province of New-Hampshire in New-England. Piracy. An Act for Restraining and Punishing Privateers and Pirates. WHEREAS nothing can more contribute to His Sacred Majesty's Honour then that such Articles as are concluded and agreed on in all Treaties of Peace should by all His Majesty's Subjects according to their Duty be most inviolably preserved and kept in and over all His Majesty's Dominions and Territories. And whereas not only against such Treaties of Peace made by His Majesty with His Allies, but also contrary to His Majesty's Royal Proclamation several of His Subjects have and do go, into Foreign Princes Services, and Sail under their Commissions contrary to their Duty and good Allegiance, and by fair means cannot be restrained from so doing. Felony, to serve in hostile manner under any foreign Prince without Licence. Be it therefore Enacted by His Excellency the Governor, Council and Representatives, Convened in General Assembly, and it is hereby Enacted by Authority of the same, That from and after Publication hereof, it shall be Felony for any person which now doth, or within four years' last passed, hath, or hereafter shall inhabit or belong to this Province, to Serve in an Hostile manner under any Foreign Prince, State or Potentate, or any Employed under any of them, against any other Foreign Prince, State or Potentate in Amity with His Majesty of Great Britain, without special Licence for so doing under the Hand and Seal of the Governor or Commander in Chief of this Province for the time being. And that all and every such Offender or Offenders, contrary to the true intent and meaning of this Act, being thereof duly Convicted in His Majesty's Superior Court of Judicature within this Province, to which Court, Authority is hereby given to hear and determine the same as other Cases of Felony: shall suffer pains of Death without benefit of Clergy. Saving for such as shall desert before the 29. of September 1700. Provided nevertheless, That this Act nor any thing therein contained shall extend to any person or persons which now are or have been in the Service or Employ of any Foreign Prince, State or Potentate whatsoever, that shall return to this Province, and leave and desert such Service and Employment before the Twenty Ninth Day of September, Anno One Thousand Seven Hundred, rendering themselves to the Governor or Commander in Chief for the time being, and giving him such Security as he shall appoint for their future good behaviour. And also that they shall not departed the Province, without the Governors' Ticket Licence. And for the better and more speedy Execution of Justice upon such who having committed Treasons, Piracies, Felonies, and other Offences upon the Sea, shall be apprehended in, or brought Prisoners to this Province. Be it further Enacted by the Authority aforesaid, That all Treasons, Felonies, Piracies, Robberies, Murders, or Confederacies committed, or that hereafter shall be committed upon the Sea, Treasons, Feloni's, Piracies &c. committed on the Sea to be inquired heard & judged, as if committed on the Land, by Commission directed to the Judge of the Admiralty etc. or in any Haven, Creek or Bay where the Admiral hath Jurisdiction, shall be punished with Death; and shall be Inquired, Tried, Herd, Determined and Judged within this Province in such like form, as if such Offence had been committed, in and upon the Land; and to that end and purpose, Commissions shall be had under the Seal of this Province, directed to the Judge of the Admiralty of this Province for the time being, and to three or more such substantial persons, as by His Majesty's Governor or Commander in Chief of this Province for the time being, with the advice and consent of the Council shall be named and appointed, which said Commissioners, or such a Quorum of them as by such Commission shall be thereunto Authorized, shall have full power to do all things, in and about the Inquiry, hearing determining, adjudging and punishing of any of the Crimes and Offences aforesaid, as any Commissioners to be appointed by Commission under the Great Seal of England, by virtue of a Statute made in the Twenty Eighth Year of the Reign of King Henry the Eighth are Empowered to do and execute within the Kingdom of England. And that the said Offenders which are or shall be apprehended in, or brought Prisoners to this Province, shall be liable to such Order, Process, Judgements and Execution, by virtue of such Commission to be grounded upon this Act as might be awarded or given against them if they were proceeded against within the Realm of England, by virtue of any Commission grounded upon the said Statute. And all Trials heretofore had against such Criminal and Criminals before any Judge or Judges by virtue of such Commission or Authority at any time heretofore granted, All Trials heretofore had by virtue of such Commission ratified. and all Proceed thereupon are hereby ratified and confirmed and adjudged lawful. And all such Judges with all and every the Inferior Officers that have acted thereby, are hereby Indemnified to all intents and purposes whatsoever. And in case they or any of them shall at any time hereafter be sued, vexed, molested or troubled for any such their Proceed as aforesaid, he or they so sued, vexed, molested or troubled, shall plead the General Issue, and give this Act in Evidence: Any Law Statute, Custom or Usage to the contrary in any wise notwithstanding. Persons knowingly entertaining, harbouring, concealing or corresponding with any Privateers or Pirates to be accounted Accessaries and confederates. And be it further Enacted by the Authority aforesaid, That all and every person and persons that shall any way knowingly entertain, harbour, conceal, trade or hold any correspondence by Letter or otherwise, with any person or persons, that shall be deemed and adjudged to be Privateers, Pirates, or other Offenders within the Construction of this Act, and that shall not readily endeavour to the best of his or their power to apprehend, or cause to be apprehended such Offender or Offenders shall be liable to be prosecuted as Accessaries and Confederates, and to suffer the like pains and penalties as in and by this Act is provided for the Principals. And for the better and more effectual Execution of this Act. Commission Officers Empowered and required to seize & apprehend all Privateers, Pirates etc. Be it further Enacted by the Authority aforesaid, That all Commission Officers in their several Precincts within this Province are hereby required and Empowered, upon his or their knowledge, or credible notice given that any Privateers, Pirates, or other persons suspected to be upon any unlawful design, are in any place within their respective Precincts, to raise and levy such a number of well Armed men as he and they shall think needful for the seizing, apprehending and carrying to Goal all and every such person and persons; and in case of any resistance or refusal to yield Obedience to His Majesty's Authority, it shall be lawful to kill or destroy such person or persons; And all and every person and persons that shall oppose or resist by striking or firing upon any of the Commanded parties, shall be deemed, taken and adjudged as Felons, and shall suffer the pains of Death. And every such Officer that shall omit or neglect his duty herein, shall forfeit Fifty Pounds, Penalty for Officers neglect of duty. currant Money of this Province for every such Offence, to be recovered in any of His Majesty's Courts of Record within this Province, by Bill, Plaint or Information, wherein no essoign, wager of Law or protection shall be allowed; one Moiety thereof to be to our Sovereign Lord the King, His Heirs and Successors, for and towards the Support of the Government of this Province and the contingent Charges thereof; and the other Moiety to the Informer. And all and every person and persons that upon orders given him or them shall refuse to repair immediately with his or their Arms well fixed and Ammunition, to such place or places as shall be appointed by the said Officer, Penalty for non appearrance in Arms. and not readily obey his Command in the premises, shall be Imprisoned without Bail or Mainprize, until the next General Sessions of the Peace within the same County, and by the Justices of the same Court fined, not exceeding Ten Pounds, or be corporally punished, not exceeding Ten Stripes, at the discretion of the Justices. For the better Encouragement to make diligent Enquiry after, and Seizure of Pirate's Goods. Recompense for discovering & seizing of Pirate's Goods. Be it further Enacted by the Authority v, That whatsoever person or persons shall make discovery and seizure of any Goods or Treasure, that shall be brought into this Province by any Pirate or Pirates, or inform of or disclose the same, so as that such Goods or Treasure be seized and secured to be answerable in the Law, every such person or persons shall have and receive as a recompense for such Service, one fifth part of the Goods and Treasure so seized and secured, or of the value thereof within ten days next after Condemnation of said Goods or Treasure, to be paid by order of the Justices of the Court where the Trial shall be had, and all the remainder of such Goods and Treasure to be secured by order of the Justices of such Court for the use and benefit of the true and right Owners thereof if any such appear, by themselves, Factors, Agents or Attorneys, How such Goods shall be secured. within the time of eighteen months' next after such Condemnation, and shall make out their right thereunto, all just and reasonable Charges being first deducted and paid thereout. And if no Claimer or Claimers appear and make out their Right thereto within the said time of eighteen months then all the remainder of such Goods and Treasure the Charges as aforesaid, being first deducted and paid thereout to be delivered into His Majesty's Treasury within this Province, there to be lodged until His Majesty's Pleasure shall be signified, how the same shall be disposed of. Jurors. An Act to return able and sufficient Jurors to Serve in the several Courts of Justice, and to Regulate the Election of Represensentatives to Serve in the General Assembly within this Province. BE it Enacted by His Excellency the Governor, Council and Representatives Convened in General Assembly, and by the Authority of the same, That the Clerks of the several Courts of Justice within this Province fifteen days at least before the day limited by Law for holding such Courts from time to time, Writ of Venire for Jurors to be issued 15 days before the Court shall make out a Writ of Venire Facias, directed unto the Sheriff of the Province, Commanding him in His Majesty's Name to Impannel and return so many good and lawful men for Grand and Petit Jurors, out of the several Towns within this Province in as near a proportion as may be according to the number of Inhabitants, each person so returned to have an Estate of Freehold worth Forty Shillings Per Annum at the least, Qualification of Jurors. or Fifty Pounds Sterling in personal Estate; And the Sheriff shall cause each person named in his Panel to be duly Summoned and Warned to attend the Service of the Court where the same is returnable. The Grand Jurors for the Quarter Sessions of the Peace, to Serve one whole year from the time of their being Sworn, and every person Impanelled and Summoned as aforesaid, to Serve as a Juror at any of the said Courts who shall make default by not appearing or not attending the Service required of him, Penalty on Jurors making default. shall lose and forfeit the Sum of Forty Shillings, unless such persons make a reasonable Excuse for the same to be approved and allowed by the Justices of the said Court, the said Forfeiture to be unto the use of our Sovereign Lord the King, for and towards the Support of the Governnient, and for answering the incident charges thereof, and to be Imposed and set by the Justices of the Court where the Venire is returnable. And when it shall happen by reason of Challenge, Tales de circumstantibus. default in appearance or otherwise there shall not remain a sufficient number to make up a Petit Jury, the Sheriff by Command of the Justices of the Court shall return so many persons de talibus Circumstantibus, The Coroner to return Jurors & serve Writs, in case as shall be requisite to make up a full Jury. And in case where the Sheriff shall be a party, or related to either of the parties, the Jury shall be Impanelled and returned by the Coroner, who is also hereby Empowered to Serve Writs in cases where the Sheriff is concerned. And be it further Enacted by the Authority aforesaid, That no person Inhabiting within this Province, Qualification of Representatives, and Electors. other than Freeholders of the value or income of Forty Shillings Per Annum or upwards in Land, or worth Fifty Pounds Sterling at the least in personal Estate, shall have any Vote in the Election of Representatives; or be capable of being Elected to Serve in the General Assembly, and the trial of such Qualification as aforesaid, shall be by the last Lists of Rates and Assessments which the Select men of each respective Town, are hereby required to bring with them for that end, upon all days and times appointed for such Election. And be it further Enacted by the Authority aforesaid, That there be a suitable person Chosen in each Town after the same manner used for Choice of other Officers to be Town Clerk to Serve in the said Office until another be Chosen and Sworn in his stead; Town Clerk to be chosen and sworn. and every such Town Clerk shall have an Oath Administered unto him, by a Justice of the Peace well and truly to Execute the said Office and Trust. A Tax. An Act for a Tax or Assessment, of Five Hundred Pounds. WE His Majesty's Loyal and Dutiful Subjects the Representatives of His Majesty's Province of New Hampshire, Convened in General Assembly, do cheerfully and unanimously give and grant unto His Most Excellent Majesty the Sum of Five Hundred Pounds in Money, humbly beseeching Your Majesty, that the same may be applied and appropriated unto the sole and proper use of His Excellency Richard Earl of Bellomont, Your Majesty's Governor in Chief of this Province. In Testimony of our great regard and respect unto His Lordship, under whose happy Conduct we assure ourselves to enjoy great quiet and felicity; And pray that it may be Enacted. And be it Enacted accordingly by the Governor, Council and Representatives, Convened in General Assembly, and by the Authority of the same, That the said Sum of Five Hundred Pounds to and for the use aforesaid be Raised by a Tax or Assessment to be made and laid in manner as is hereafter expressed, upon all persons and Estates both real and personal lying, being and belonging to the several Towns and the Districts thereof within this Province, according to each Towns proportion towards the same, as followeth: That is to say, l s d Portsmouth, One Hundred & Twelve Pounds, Fifteen Shillings. 112 15 00 Hampton, One Hundred Forty and Eight Pounds, Eighteen Shillings, and Nine Pence. 148 18 09 Dover, One Hundred Pounds, Eleven Shillings & Three pence. 100 11 03 Exeter, Ninety One Pounds, Ten Shillings. 91 10 00 New Castle, Forty Six Pounds, Five Shillings. 46 05 00 And that the Treasurer send out his Warrant to the Constables of the respective Towns, Requiring them to Assemble the Inhabitants to make choice of two Assessors where they are not already Chosen for the year, to join with the Select-men in making the Rate and Assessment according to this Act to whom the Treasurer shall also give Warrants pursuant thereto. And the Rates and Assessments so made to be committed to the Constables of the respective Towns by the last of September next ensuing, with Warrants from a Justice of the Peace. And the Select men and Assessors to Collect the same, and pay unto the Treasurer for the time being, in Money by the Twentyeth Day of December next following. Courts of justice. An Act for Establishing Courts of Public Justice within this Province. WHEREAS the orderly Regulation and Establishing of Courts of Justice, as well in respect of time as place for the holding of the same, doth very much tend to the Honour and Dignity of the Crown, and to the ease and benefit of the Subject. Justices of the Peace Empowered to hear & determine causes of 40 s. value or under, where title of of Land is not concerned. Be it therefore Enacted by His Excellency the Governor, Council and Representatives, Convened in General Assembly, and by the Authority of the same, That every Justice of the Peace in the same Town where he resides, be, and hereby is fully Authorized and Empowered to hear, try and determine all Pleas and Actions of Debt and Trespass, where Title of Land is not concerned, arising or happening within this Province, to the value of Forty Shillings or unde●, and to give judgement therein and to award Execution thereupon, and either party aggrieved at the Judgement or Sentence given by any such Justice in Civil Causes, may appeal therefrom unto the next Inferior Court of Common Pleas, the party appealing giving Security before such Justice unto the Appellee in a reasonable Sum to prosecute his Appeal with effect, Appeal. and to answer and pay such Cost and Damages as shall be awarded against him in case the first Sentence be affirmed. And for the better Conservation of the Peace, and punishment of Offenders. Be it further Enacted by the Authority aforesaid, That there shall be Held and Kept by the Justices of the Peace within this Province or so many of them, Court of Sessions of the Peace. as shall be limited by the Commission of the Peace to make a Quorum. Four Quarterly Courts or General Sessions of the Peace yearly at the Town of Portsmouth on the First Tuesdays on the Months of March, June, September and December from time to time; which said Court shall have Cognizance of all matters and things proper to the Jurisdiction of said Court relating to the Conservation of the Peace, and punishment of Offenders; according to the Laws and Statutes in force within this Province. And the Sessions of the said Court shall hold and continue by the space of two days and no longer. Inferior Court of Common Pleas. And be it further Enacted by the Authority aforesaid, That there shall be Held and Kept at Portsmouth aforesaid, an Inferior Court of Common Pleas by four Justices to be appointed and Commissionated thereto by the Governor, or in his absence the Commander in Chief for the time being; any three of whom to make a Quorum; the said Court to be held and begin at the time and days following: That is to say, on Thursday next after the rising of the Court of the Quarter Sessions of the Peace from time to time; which said Inferior Court of Common Pleas shall have Cognizance of, hear, try and determine all Actions, Matters and Causes tryable at the Common Law, not exceeding the Sum or value of Twenty Pounds, and where Title of Land is not concerned, and give Judgement therein and award Execution accordingly. Provided nevertheless, That either party aggrieved at any Judgement or Sentence given in the said Court may appeal therefrom unto the next Superior Court of Judicature; Appeal. such Appellant giving sufficient Security in double the S●m or value recovered unto the Appellee, before one or more of the Justices of the Inferior Court, to prosecute his Appeal with effect, and to answer and pay such Costs and Damages as shall be awarded against him in case the first Sentence shall be affirmed. Superior Court of Judicature And further be it Enacted by the Authority aforesaid, That there be held and kept at Portsmouth aforesaid, and not elsewhere within this Province a Superior Court of Judicature by one chief Justice, and three other Justices, to be appointed and Commissionated thereto by the Governor, or in his absence the Commander in Chief for the time being; any three of whom to make a Quorum, on the Second Tuesday in August, and on the Second Tuesday in February yearly from time to time, which said Courts shall have Cognizance of all Pleas, and Causes, as well Civil (not under the value of Twenty Pounds except where Title of Land is concerned) as Criminal as fully and amply to all intents and purposes whatsoever, as the Courts of King's Bench, Common Pleas and Exchequer within His Majesty's Kingdom of England, have or aught to have, and are hereby Empowered to give Judgement, and award Execution therein, and it shall be in the liberty of any Party, Plaintiff or Defendant aggrieved at any Judgement or Sentence given in the said Superior Court to appeal therefrom unto the Governor and Council. Appeal to the Governor and Council. Provided the value appealed for exceed the Sum of One Hundred Pounds Sterling, and that sufficient Security be given, in manner as in and by this Act is before directed to prosecute the same, and to pay such costs and damages as may be awarded in case the first Sentence shall be affirmed. And it is hereby further Enacted and Ordained, That in all Civil Causes to be commenced at the said Superior Court of Judicature, Appeal to His Majesty in Council. where the matter in controversy exceeds the true value and Sum of Three Hundred Pounds Sterling, it shall and may be in the liberty of the party aggrieved to review the said Cause by a new Process out of the said Court once and no more; and if either party shall not rest satisfied with the Judgement or Sentence of the said Superior Court, either upon the first Trial, or upon the Review, such party may appeal therefrom unto His Majesty in Council Provided the matter in difference exceed the true value and Sum of Three Hundred Pounds Sterling, and that such Appeals be made, within fourteen days after Sentence given; And that Security be likewise given by the Appellant, to answer such Charges as shall be awarded, in case the first Sentence shall be confirmed. And be it further Enacted by the Authority aforesaid, Writs to issue forth of the Clerks Office. That all Writs and Processes for bringing any Actions or Suits to Trial in any of the Courts aforesaid shall be Summons, Capias or Attachment, and shall Issue out of the Clerks Office of the same Court under the Seal thereof, and Signed by the Clerk, and shall be directed to the Sheriff, Under-Sheriff or Deputy, For Trials before a Justice to be granted by such Justice. and Executed fifteen days before the day of the Courts Sitting, and to be returned to the Court from whence the same Issued. Writs or Processes for Trial before a Justice of the Peace, to be granted by such justice, directed unto a Constable or Constables, and to be Executed seven days before the day appointed for such Trial, & to be returned to the Justice. Reasons of Appeal to be filled in the Clerks Office. And be it further Enacted, That every person appealing from any Judgement or Sentence given in any of the Courts aforesaid, shall file a Declaration in the Clerk's Office of the Court appealed from, therein briefly assigning the Errors in such Judgement fifteen days at least before the day of the Sitting of the Court appealed unto. And if the Appeal be made from a Sentence or Judgement given by a Justice of the Peace, such Declaration shall be filled with the Justice by the like time. Power of Chancery in several cases. Be it further Enacted by the Authority aforesaid, That as well the Justices of the Inferior Court of Common Pleas, as the Justices of the Superior Court of Judicature respectively; where the forfeiture or penalty of any Obligation with a Condition under-written, or a penalty annexed to any Articles, Agreement, Covenants, Contracts, Charter party or other Specialty or Forfeiture of any Estate granted upon condition, executed by Deed of Mortgage or Bargain and Sale with defeasance, shall be found by Verdict of Jury, or by default or confession of the Obligor, Mortgager or Vender, are hereby Empowered and Authorized to moderate the Rigour of the Law. And on consideration of such Cases according to equity and good Conscience to Chancer such Forfeiture, and to enter up Judgement, for the just Debt and Damages, and to award Execution accordingly, only in real Actions upon Mortgage, and Bargain and Sale, with defeasance, the Judgement to be conditional, that the Mortgager or Vender, and his Heirs, Executors or Administrators do pay unto the Plaintiff such Sum as the Court doth determine, Justices of the Courts to be Sworn before the Governor or Commander in Chief, or such as he shall appoint to be justly due thereupon within two months' time after Judgement entered up, for discharging of such Mortgage or Sale, and that the Plaintiff recover possession of the Estate Sued for, and Execution to be awarded for the same; and the Justices of the said several Courts as well Superior as Inferior respectively, shall take the Oath following, to be Administre● to each of them by the Governor, or in his absence by the Commander in Chief for the time being, or such as shall be by him thereto appointed. That is to say, Oath. YOU Swear, That well and truly you shall Serve our Sovereign Lord the KING and His People in the Office of a Justice of the _____ Court of _____ And that you will do equal Law and Execution of Right to all people, poor and rich, after the Law's in force within this Province, and Usage within the same, and in such cases, as the Law doth specially provide to be relieved in equity, there to proceed according to equity and good Conscience, without having regard to any person whatsoever. So help you God. Any Law, Usage or Custom to the contrary in any wise notwithstanding. Duties of Excise etc. An Act for continuing several Rates and Duties of Custom, Excise, Impost and Powder Money on Tonnage of Shipping. WHEREAS in and by one Act of General Assembly of this Province made and passed in the Fourth Year of the Reign of KING William and Queen Mary, Entitled, An Act for defraying the Public Charge of the Province, there was given and granted unto Their said Majesties several Duties of Impost, Excise and Tonnage of Shipping in the said Act particularly enumerated and set down; Which said Duties have been and are continued by Acts since made, until the fifth day of November next ensuing, at which time they will expire, unless revived by an Act of this Assembly. Be it therefore Enacted by His Excellency the Earl of Bellomont Governor, Council and Representatives Convened in General Assembly; And it is hereby Enacted and Ordained up the Authority of the same, That from and after the fifth day of November next ensuing, the several Rates and Duties set upon all Wines, Liquors and Merchandizes that shall be Imported into this Province, and all Duties of Tonnage and Excise in and by the said former Act of Impost and Excise, Custom and Tonnage Money, be, and are hereby continued to be paid as in and by the said Act is directed for and during the space and time of one year: That is to say, until the fifth day of November, which will be in the Year of our Lord, One Thousand and Seven Hundred. And the Money arising thereby to be applied towards the Support of this His Majesty's Government. FINIS.