der some Magistrate or Magistrates hand or hands, mentioning the time and place of appearance, and if the said partye or partyes do not appeare according to the said warrant or summons, uppon Affidavitt first made, of the serving of the said person or persons, the Courte shall graunt an attachement against the person or persons delinquent, to arrest or aprehend the said person or persons for his or theire willfull contempt, and in case no sufficient securitye or bayle bee tendred, to imprison the said partye or partyes returneable the next Courte, that is capeable to take cogniscance of the said business in question, and uppon returne of the said Attachement, the said Courte to doe therein, as according to the laws and orders of this Jurissdiction, and in that case allso, the party delinquent to bear his owne charges.

It is allso ordered, That attachements to seize uppon any man's lands or estate bee onely graunted for, or against, such goods as are forreigner's, and doe not dwell or inhabitt within this Jurissdiction or, in case uppon credible information it appeare, that any inhabitant that is indebted, or ingaged, go about to convey away his estate to defraud his creditors, or to convey away his person out of this Jurissdiction, so as the process of this Jurissdiction may not bee served uppon his person, in that or any other just cases, there may bee Attachement, or Attachements grauated uppon the limitations expressed; provided, that in all cases of Attachements, all or any of the creditors have libberty to declare uppon the said Attachement, if hee come in at the return of the said Attachement; provided allso, that if any Attachement, laid uppon any man's estate uppon a

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pretence of a great summ; and if it bee not prov ed to bee due, in some neare portion to the summ challenged, and mentioned in the Attachement, then the security given shall bee lyable to such dammages as are-susteined thereby.

It is further ordered and decreed by this Courts, That whosoever takes out an Attachement against any man's person, goods, chattles, lands or hereditaments, sufficient security and caution shall bee given by him to prosecute his action in the next courte, and to answer the defendant such costs as shall bec awarded to him by the Courte; and in all Attachements of goods, or lands, legall notice shall bee given unto the partye, or left in writing at his howse or place of usual abode, if hee live within this Jurissdiction; otherwise, his sute shall not proceed: And it is further ordered and declared, That every man shall have libberty to replevye his cattle or goods impounded, distreined, seized or extended (unless it bee uppon execution after judgement, and in payment of ffynes :) provided in like manner hee put in good securitye to prosecute his replevye, and to satisfie such dammages, demaunds, or dues as his adversary shall recover against him in lawe.

BALLAST.

It is ordered by this Courte and Authority thereof, That no ballast shall bee taken from any shoare in any Towne within this Jurissdiction by any person whatsoever, without allowance under the hands of those men that are to order the affaires in each Towne, uppon the penalty of six pence for every shovell full so taken; unless such stones as they had aid there before: It is allso ordered by the author

ity aforesaid, That no shipp nor other vessell sha cast out any Ballast in the channel or other place inconvenient, in any harbor within this Jurissdiction; uppon the penalty of Ten Pounds.

BARRATRY.

It is ordered, decreed, and by this Courte declared, That, if any man bee proved and adjudged a common Barrater vexing others with unjust, frequent, and needless sutes; it shall bee in the power of Courtes, both, to reject his cause, and to punnish him for Barratry.

BILLS.

It is ordered by the authority of this Courte; That any Debt or Debts due uppon Bill or other speciallty, assigned to another, shall bee as good a debt, and estate, to the assignee, as it was to the assigner at the time of its assignation, and that it shall bee lawful for the said assignee, to sue for and recover the said Debt due uppon Bill and so assigned, as fully as the originall Creditor might have done: provided the said assignment be made uppon the backside of the Bill or speciallty, not excluding any just or cleare interest any man may have in any Bills or specialtyes made over to them by Letters of Attorneye, or otherwise.

BOUNDS

OF TOWNES AND PERTICULAR LANDS.

Fforasmuch as the Bounds of Townes and of the lands of perticular persons are carefully to bee meinteined, and not without great danger to bee

removed by any; which notwithstanding, by deficiency and decay of markes, may at unawares bee done, whereby great jealousies of persons, trouble in Townes, and incumbrances in Courtes, doe often arise, which by due care and meanes might pe prevented :

It is therefore ordered by this Courte and authori ty thereof, That every Towne shall sett out their bounds within twelve months after the publishing hereof, and after their Bounds are graunted, and that when theire Bounds are once sett out, once in the yeare, three or more persons in the Towne appointed by the Select men, shall appointe with the adjacent Townes, to goe the Bounds betwixt theire said Townes, and renew their markes, which markes shall bee a great heape of Stones, or a trench of six foott long and two foott broad, the most ancient Towne (which for the River is determined by the Courte to bee Weathersfeild,) to give notice of the time and place of meeting for this perambulation, which time shall bee in the first or second month, uppon paine of five pounds for every Towne that shall neglet the same; provided, that the three men appointed for perambulation shall goe in theire severall quarters, by order of the select men, and at the charge of the severall Townes :

And it is further ordered, That if any perticular proprietor of lands lying in common with others shall refuse to goe by himselfe or his assigne, the Bounds betwixt his land and other mens, once a yeare, in the first or second month, beeing requested thereunto, uppon one weekes warning, hee shall forfeit for every day so neglecting, 'ten shillings, halfe to the party mooving thereto, the other halfe to the Towne; and the owners of all impropriated

grounds shall Bound every perticular parcell thereof with sufficient meare-stones and shall preserve and keepe them so, uppon the former penalty.

BURGLARY AND THEFT.

Fforasmuch as many persons of late yeares have beene and are apt to be injurious to the goods and lives of others, notwithstanding all care and meanes to prevent and punish the same;

It is therefore ordered by this Courte and authority thereof, That if any person shall committ Burglary by breaking up any dwelling howse, or shall robb any person in the feild, or highwayes, such a person so offending, shall, for the first offence, bee branded on the forehead with the letter (B); if hee shall offend in the same kinde, the second time, hee shall bee branded as before, and allso, bee severely whipped; and if hee shall fall into the same offence the third time, hee shall bee put to death as being incorrigible; and if any person shall committ such Burglary, or rob in the feilds or howse on the Lords day, besides the former punishments, hee shall for the first offence have one of his eares cutt of, and for the second offence in the same kinde, he shall looss his other eare in the same manner; and if hee fall into the same offence the third time, hee shall bee put to death.

Secondly, for the prevention of pillfring and Theft.

It is ordered by this Courte and authority thereof, That if any person, whether children, servants or others, shall bee taken or known to robb any orchyards or garden, that shall hurte or steale away