Former Laws to Stand.
14. For a presant settlemt of matters in civill and criminall proceedings, and directions to Courts, Judges and all other officers, it is ordered that those Lawes wch we have fformrly been directed and governed by, shall be a rule to vs in all Judiciall proceedings, soe far as they will sute our constitution and be not repugnante to ye Laws of England, vntill such acts and ordinances as have beene or shall be made by this assembly and approved by ye Hond Presdt and Council, may be drawned up and legally published. The like lawes shall be a rule to all the selectmen in each towne for ye managmt of all theire prudenciall affaires, according to the lawdable customs hitherto vsed.
Province Rate.
15. For defraying to ye publique charge of the Province, It is ordered by this Assembly and ye authority thereof, yt a rate be made of 1½d. in ye pound, upon all psons and estates (ye Presdt and Council, ministers and elders of churches excepted), in this Province, according to ye valuation made by this Assembly, and yt ye Selectmen in ye severall Towns doe forthwth pforme the duty of theire places in ye valuation made by this Assembly, and yt ye Selectmen in ye severall Towns doe forthwth pforme the duty of theire places, in ye making such rates and comitting them to the respective constables, to be imediately collected, and the same to be transmitted to the Treasr of the Province. This rate is to be paid in the speatiaes at ye prices following, vizt:
M’ble boards at any mills in Piscataqua Rivr at ye vsiall place of delivery, at 30s. p. M. M’ble wt oak pipestaves, at some convenient landing place, where yye constable shall apoint,
| at 3 l. p.M. | |
| R: o: P: 1 Staves p supra, | at 30s. p.M. |
| R: o: hhd: ditto p supra, | at 25s. p.M. |
| Indian Corne | at 2½s. p. bush |
| Wheate | at 5s. p. bush |
| Malt | at 4s. |
| Fish | at price currt. |
And whosoever shall pay theire rates in shall be abated ⅓ pt.
Constables to Clear Their Rates Within the Year.
16. It is inacted by this Assembly and the authority thereof, That whereas ye Constables of the severall Townes are injoyned to cleare their rates, on penalty of making good ye same out of theire owne Estates—
Penalty for Refusing to Pay.
17. It is therefore ordered yt if any pson or psons wthin this Province, rateable, shall refuse to pay his rate or rates, or discover any estate to the Constable, yt the Constable shall have power to seize his person and carry him to the next prison, there to remaine till he pay his sd rates, or give good security soe to doe.
Marshalls to Levy Fines.
18. It is further ordered, yt every marshall in ye Province shall diligently and faithfully collect and levy all such fines and sums of money, of every person for wch he shall have arrt or execution signed by the Treasurer, or other authority constituted by his Majesty in ye Province, and sd sums soe leyed he shall wyth all convenient speed deliver to ye sd Treasurer or ptie, or attorney yt obtained ye Judgmt or executions wyth wt hee hath done by vertue thereof, vnder his hand, at the next Quart Court, or Sessions in ye Province, after ye receipt thereof vnto ye Treasurer, Secty or Clark yt granted ye same; to be by him kept, and if ye execution or warrt be not fully satisfied the sd Secty., Clark, or treasurer may grant execution for ye remainder.
Marshal’s Fees.
19. And it is hereby ordered yt ye Marshall’s fees shall be as followeth: For all executions and warrs levyed by them vnder five pound, five shillings; for all executions not exceeding tenn pounds, twelve pence in ye pound; for all executions above tenn pounds and not exceeding forty pound, 10s. for ye 10 l., and six pence in ye pound for evry pound above forty, and one penny in ye pound for every pound abouve 100 l., out of the estate of ye pson the execution is served upon, over and above, besides ye execution, and in all cases where ye above sd fees for levying executions or fines will not answer the Marshall’s travell, & other necessary charge, he shall have power to demand 6d.p.mile, and vpon refusall or nonpayment to levy the same, togeather wyth his other fees.
Marshalls May Call for Assistance.
20. And whereas the sd Marshalls have oftentimes need of Assistance in the execution of ye office, it is therefore ordered yt ye Marshall or Constables wthin ye Province shall and have liberty to charge any pson to assist them in ye execution of yt office, if they see need; and whosoever shall neglect or refuse to assist them when thereunto required, the ptie soe refusing, complaint being made vnto any member or members of ye Councill or Court, he shall pay such a fine in money, vnto yye Treasurer of the Province, as Judge or Court yt hath cognisance thereof shall determine, according to the nature of the offence.
Where Marshals Shall Make Demands.
21. And in all cases of fines and assesmts to be levyed, and upon execution in civil actions, the Marshall or Constable shall make a demand at ye place of the pties vsiall abode, if it be knowne, and of the ptie if he be there to be found; if not, the marshall or Constable so employed shall leave at ye sd house his demand of ye same, and lyable to be paid by virtue of sd execution, rate or warrt, for fine attested under his hand; and upon refusal or nonpaymt accordingly, the officer or Marshall shall have power, calling assistance, if they see cause to break open the door of any house, chest or place, where he shall have notice yt any goods lyable to such levyes or execution shall be; and if he be to take ye pson, he may do ye like, if ypon demand he shall refuse to surrender himself. And wtsoever charge the officer shall nessessarily be put vnto upon any such occasion, he shall have power to levy the same as he doth debt, rate, fine or execution, And where the officer shall levy any such goods vpon execution, yt cannot be conveyed to ye place where ye ptie dwells, for whome such execution shall be levyed (if they be to be there delivered), wthout considerable charge, shall levy ye sd charge also wth ye execution, and in no case shall any officer be put to seek out any man or estates, farther yn his place of abode; but if ye ptie will not discover his estate, the officer may take this pson, and if any officer shall doe injury to any by couller of this office, in this or any other case, he shall be lyable vpon complaint of the ptie wronged, by action or information, to make full resstitution, and no marshall or constable shall in any case make a deputy.
Fines to Be Paid Forthwith.
22. It is farther ordered yt whn any Delinquents are fined to ye Province, they shall forthwth pay their fines in money, or yt wch is equivalent, or give good security to the Treasurer for the same, or ye pson shall be secured till they do it.
Near Relations Not to Vote.
23. For preventing all occation of ptiallity in Courts of Justice, and avoiding of jellousies, It is ordered yt in all civill cases betweene ptie and ptie, where the judges or jurors are neerly related to either ptie, as ye relation of ffather and son, either by nature or marriage, brother and brothrs, vnkle and nephew, landlord and tennant, yt judge or juror soe related shall not vote or give sentence in any case wherein his relations are ye pties concerned.
No Imprisonment Before Sentence.
24. Be it farther enacted yt no man’s pson shall be restrained or imprisoned by any authority wtsoever before the law hath sentenced him therevnto, if he can and will put in suffisient security, bail or maine price, for his appearance and good behavior in ye mean time, vnless it be in crimes captall, or contempt in open Court, but in such cases where some express act of court doth allow it.
Legal Notice in Case of Attachment.
25. And it is farther ordered, yt in all attachmts of goods and chattells, Land or Heredittem ts by ye officer, notice