who is authorised to go on board, and proceed with the veffel, together with perfons properly armed, for his defence, to the town or barbour of Boston; nor to any ships or vessels which may happen to be within the harbour of Bofton on or before the first day of June, 1774, and may have either laden, or be there with intent to load, or to land or discharge any goods and merchandise, provided the fhips and veffels do depart the harbour within fourteen days after the firft day of June, 1774.

It is further enacted, That all' feizures and forfeitures, inflicted by this act, fhall be made and profecuted by any admiral or commiffioned officer, of his majesty's fleet, or by the officers of the customs, or by fome other perfon authorised by warrant from the lord high treafurer, or the commiffioners of his majesty's treasury for the time being, and by no other person; and if any fuch officer, or other perfon authorised, fhall, directly or indirectly, take or receive any bribe, to connive at fuch lading or unlad ing, or shall make or commence any collufive feizure or agreement for that purpose, or thall do any other act, whereby the goods, or merchandise, prohibited, fhall be fuffered to pafs either inwards or outwards, or whereby the forfeitures inflicted by this act may be evaded, every fuch offender fhall forfeit the fum of 500l. for every such offence, and fhall become incapable of any office or employment; and every person who fhall give, or promife, any fuch bribe, or fhall contract with any perfon, fo authorised, to commit any fuch offence, fhall forfeit the fum of 50l,

It is further enacted, That the

forfeitures and penalties inflicted by this act fhall be profecuted and recovered, and be divided and applied, in like manner as other penalties inflicted by any act or acts of parliament, relating to the trade or revenues of the British colonies or plantations in America, are di rected to be profecuted or recovered, divided and applied, by two feveral acts of parliament, the one paffed in the fourth year of his prefent majefty, (intitled, An Act for granting certain duties in the British colonies and plantations in America; for continuing an act paffed in the fixth of George the Second, intitled, An Act for the better fecuring the trade of his majefty's fugar colonies in America, &c.) the other paffed in the eighth year of his prefent majesty's reign, (intitled, An Act for the more easy recovery of the penalties and forfeitures inflicted by the acts of parliament relating to the trade of the British colonies and plantations in America.)

It is further enacted, That every charter-party bill of lading, and other contract for configning, fhipping, or carrying any goods and merchandife, to or from the town of Boston, or any part of the bay or harbour, which have been made or entered into, or which fhall be made or entered into, fo long as this Act fhall remain in full force, relating to any ship which shall arrive at the town or harbour, after the first day of June, 1774, fhall be, and the fame are hereby declared to be, utterly void, to all intents and purposes.

It is further enacted, That, whenever it shall be made to appear to his majesty, in his privy council, that peace and obedience to the

laws

laws fhall be fo far reftored in the town of Boston, that the trade of Great-Britain may safely be carried on there, and his majesty's customs duly collected, and his majefty fhall adjudge the fame to be true, it fhall be lawful for his majefty, by proclamation, or order of council, to affign and appoint the ex. tent, bounds, and limits, of the port or harbour of Boston, and of every creek or haven within the fame, or in the islands within the precinct thereof; and alfo to appoint fuch and fo many other places and wharfs, within the harbour, creeks, &c. for the landing and fhipping of goods, as his majefty fhall judge neceffary; and to appoint fuch and fo many officers of the customs as his majefty fhall think fit; after which it fhall be lawful for any perfon to lade, or to difcharge and land upon, fuch wharfs, &c. fo appointed within the harbour, and none other, any goods and merchandise.

Provided always, that if any goods or merchandise, fhall be laden or discharged upon any other places than the quays, or places, fo to be appointed, the fame, together with the fhips and other veffels employed, and the horfes and car riages ufed to convey the fame, and the perfon or perfons concerned therein, or to whofe hands the fame fhall knowingly come, fhall fuffer all the forfeitures and penalties impofed by this or any other act on the illegal fhipping or landing of goods.

Provided alfo, That nothing herein contained fhall extend, or be construed, to enable his majesty to appoint fuch port, wharfs, places, or officers, in Bofton, or in the bay

or islands, until it shall fufficiently appear to his majesty that full fatisfaction hath been made by or on behalf of the inhabitants of the town of Boston to the company of merchants trading to the Eaft-Indies, for the damage fuftained by the company by the destruction of their goods fent to Bofton, on board fhips as aforefaid; and until it fhall be certified to his majesty, in council, by the governor, or lieutenant-governor, of the province, that reasonable fatisfaction hath been made to the officers of the revenue, and others, who fuffered by the riots above-mentioned, in the months of November and December, in the year 1773; and in the month of January, in the year 1774.

And it is further enacted, That, if any action or fuit fhall be commenced, either in Great-Britain. or America, against any perfon or perfons, for any thing done in pur-. fuance of this act of parliament, the defendant or defendants, in fuch action or fuit, may plead the general iffue, and give this act, and the fpecial matter, in evidence, at any trial, and that the fame was done in pursuance of this act : and if it fhall appear fo to have been done, the jury fhall find for the defendant or defendants; and if the plaintiff shall be non-fuited, or difcontinue his action, after the defendant or defendants shall have appeared; or if judgment shall be given upon any verdict or demurrer, against the plaintiff; the de-, tendant or defendants fhall recover treble cofts, and have the like remedy for the fame, as defendants have in other cafes by law.

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1774, fo much of the charter granted by King William to the inhabitants of Maffachufett's Bay, which relates to the time and manner of electing counsellors for that province, fhall be revoked and made void, and that from that day the council for the province fhall be compofed of fuch of the inhabitants, or proprietors of lands, within the fame, as fhall be appointed by his majefty, with the advice of the privy council, agreeable to the practice now used in refpect to the appointment of counfellors in fuch of his majefty's other colonies in America, the governors whereof are appointed by commiffion under the great feal in GreatBritain: : Provided, that the number of counsellors fhall not, at any one time exceed thirty-fix, nor be lefs than twelve.

That the affiftants or counsellors fhall hold their offices during the pleasure of his majefty, and enjoy all the privileges at prefent held by counsellors of the province, under the charter; and fhall, upon their admiffion into the council, take the oaths, &c.

That after the first day of July, 1774, his majefty's governor, or, in his abfence, the lieutenant-governor, may nominate or remove, without the confent of the council; all judges of the inferior courts of common pleas, juftices of the peace, and other officers to the council or courts of justice belonging.

That, from and after the first day of July, 1774, his majesty's governor, or, in his abfence, the lieutenant-governor, may nominate and appoint the sheriffs without the content of the council, and remove

fuch theriffs with fuch confent, and

not otherwife.

That, upon every vacancy of the offices of chief justice and judges of the fuperior court, the governor, or lieutenant-governor, without the confent of the council, fhall have full power to nominate the perfons to fucceed to the offices, who fhall hold their commiffions during the pleafure of his majefty.

That, from the first day of Aug. 1774, no meeting shall be called by the felect men, or at the request of any number of freeholders of any township, without the leave of the governor, or, in his absence, of the lieutenant-governor, in writing, expreffing the fpecial bufiness of the meeting, firft had and obtained, except the annual meeting in the months of March or May, for the choice of felect men, conftables, and other officers, or except for the choice of perfons to fill up the offices on the death or removal of any of the perfons first elected to fuch offices, &c.

That from thenceforth, the jurors to ferve at the fuperior courts of judicature, general gaol-delivery, &c. fhall be fummoned and returned by the fheriff of the respective counties within the faid province.

That the conftables fhall, at the general feffions of the peace, deliver to the juftices of the peace a true lift of the names and places of abode of all perfons within the refpective towns for which they serve, qualified to ferve upon juries; which juftices, or any two of them,

at

at the feffions, fhall caufe to be delivered a duplicate of the lifts, by the clerk of the peace of every county, to their fheriffs or their deputies, within ten days after fuch feffions; and cause each of the lifts to be fairly entered into a book by the clerk of the peace; and no fheriff fhall impannel or return any perfon or perfons to ferve upon any grand jury, or petit jury, in any of the courts, that fhall not be named or mentioned in fuch lift: and, to prevent a failure of juftice, through the neglect of conftables to make fuch returns of perfons qualified to ferve on juries, the clerks of the peace of the counties are hereby commanded, twenty days at least next before the month of September, yearly to iffue forth precepts to the conftables of the feveral towns, requiring them to make fuch returns of perfons qualified to ferve upon juries as hereby directed; and every conftable, failing at any time to make fuch return to the juftices in open court, fhall forfeit the penalty of five pounds fterling.

That no person who shall serve as a juror fhall be liable to serve again as a juror for the space of three years, except upon fpecial juries.

That if, by reafon of challenges, or otherwife, there fhall not be a fufficient number of jurors; then the jury fhall be filled up de talibus circumftantibus, to be returned by the sheriff, unless he be a party, or interested or related to any party or perfon interested in fuch profecution or action.

That in cafe any perfon, fummoned to ferve upon the grand or petit jury, fhall not ferve according to his fummons, he thall be fined

in any fum not exceeding ten pounds, nor lefs than twenty fhil. lings fterling.

The names of the jurors are to be drawn out of a box or glafs, and if any of them are challenged by the parties, other names to supply their places are to be drawn out under the direction of the sheriff. All perfons applying for fpecial juries are to defray the expences occafioned by the trial; and if any action be brought against the sheriff for any thing he fhall do by virtue of this act, he may plead the general iffue, and, if a verdict be found for him, recover treble damages,

An Abstract of an Act for the impartial Adminiftration of Justice in the Cafes of Perfons questioned for any Acts done by them in the Execution of the Law, or for the Suppreffion of Riots, in the Province of the Maffachufett's Bay.

T

HIS aft declares, that if any inquifition, or india. ment, fhall be found, or if any appeal shall be preferred against any perfon, for murther, or other capital offence, in the province of Maffachufett's Bay, and it shall appear, by information 'given upon oath to the governor, or to the lieutenant-governor, that the fact was committed by the perfon against whom fuch indictment shall be found, either in the execution of his duty as a magiftrate, for the fuppreffion of riots, or in the fupport of the laws of revenue, or in acting in his duty as an officer of revenue, or in acting under the direction and order of any magi

ftrate.

ftrate, for the fuppreffion of riots, or for the carrying into effect the laws of revenue, &c. and if it fhall alfo appear, to the fatisfaction of the faid governor, or lieutenantgovernor, that an indifferent trial cannot be had within the province, it shall be lawful for the governor, or lieutenant-governor, to direct, with the advice of the council, that indictment fhall be tried in fome other of the colonies, or in GreatBritain; and, for that purpose, to order the perfon against whom fuch indictment fhall be found to be fent, under fufficient cuftody, to the place appointed for his trial, or to admit fuch perfon to bail, taking a recognizance, from fuch perfon with fufficient fureties, in fuch fums of money as the governor, or the lieutenant-governor, fhall deem reasonable, for the perfonal appearance of fuch perfon at the place appointed for trial.

And, to prevent a failure of juftice, from the want of evidence on the trial of any fuch indictment, &c. the governor is authorized to bind in recognizances to his majjefty all fuch witneffes as the profecutor, or perfon against whom fuch judgment fhall be found, fhall defire to attend the trial of the indictment, for their perfonal appearance, at the time and place of fuch trial, to give evidence: and the governor fhall appoint a reafonable fum to be allowed for the expences of every fuch witness.

The witneffes are to be free from all arrests, during their journey to any trial, and till they return home. All perfons brought before juftices, &c. accufed of any capital crime, in the execution of their duty, may be admitted to bail, and

may poftpone their trials, in order to the matter being heard in another colony.

When the governor directs the trial to be in any other colony, he is to transmit the indictment, &c. to the governor of fuch other colony, who is to caufe it to be delivered to the chief juftice, who fhall immediately proceed upon trial; and if the governor directs the trial to be in Great-Britain, he is to tranfmit the indictment to one of the fecretaries of state, who is to direct it to be filed in the court of King's-Bench; and if any fuch indictment be accounted bad, from any error or defect, the fame fhall be quashed, and a new indictment preferred. This act to take effect on the first day of June. 1774, and to continue in force during the term of three years.