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twelve months after such service, appear, and petition to bave the said cause re-heard, such decree, so made as aforesaid, shall stand absolutely confirmed against the person and persons so served with a copy thereof, his, her and their respective heirs, executors and administrators, and all persons claiming by, from, or under, him, her, them, or any of them, by virtue of any act, done or to be done, subsequent to the commence

ment of such suit. How defen

VII. Provided nevertheless, That if any person so dants per. served with a copy of such decree, shall, within twelve mitted to an- months after such service; or if any person, not being

so served, shall, within seven years next after the ma. king such decree, appear in court, and petition to be heard, with respect to the matter of such decree, and shall pay down or give security for payınent of such costs, as the court shall think reasonable in that hehalf; the person or persons so petitioning, his, her or their respective representatives, or any person or persons, claiming under him, her or them respectively, by virtue of any act done before the commencement of the suit, may be admitted to answer the bill exhibited, and issue may be joined, and witnesses on both sides examined; and such other proceedings, decree, and execution, may be had thereon, as there might have been, in case the said party had originally appeared, and the proceedings had then been newly begun, or as if no

former decree or proceedings had been in the same When bar- VIII. Provided nevertheless, and be it enacted, by the red. authority aforesaid, That if any person or persons, a

gainst whom such decree shall be made, his, her, or their heirs, executors or administrators, shall not, within seven years next after the making of such decree, appear and petition to have the cause re-heard, and pay down, or give security for payment of such costs, as the court shall think reasonable in that behall, such decree made, as aforesaid, shall stand absolutely confirmed against the person and persons against whom such decree shall be made, his, her and their heirs, executors and administrators, and against all persons claiming or to claim, by, from or under him, her, them or any of them, by virtue of any act, done or to be done, subsequent to the commencement of such suit: And at the end of such seven years it

cause.

shall and may be lawful, for the court to make such further order, as shall be just and reasonable, according to the circumstances of the cause.

CHAP. II.

An Act, to explain and amend an Act, intituled, an Act

for the effectual suppression of vice, and restraint and punishment of wicked; blasphemous, and dissolute

persons. I. VHEREAS the act of Assembly, made in the

fourth year of the reign of her late majesty Preamble: queen Anne, intituled, an act, for the effectual suppression of vice, aud restraint and punishment of wicked, blasphemous, and dissolute persons, hath been found insufficient to restrain and discourage wickedness and rice; and different opinions have also prevailed, touching the meaning thereof: Therefore, for the better explaining and amending the same,

II. Be it enacted, by the Lieutenant Governor, Coun. Profane eil, and Burgesses, of this present General Assembly, swearing; and it is hereby enacted, by the authority of the same,

penalty for That from and after the passing of this act, if any person or persons shall profanely curse or swear, he, she or they so offending, being thereof convicted, in the manner as in the said recited act is directed, shall, for every respective oath or curse, by him or her so sworn and uttered, forfeit and pay the sum of five shillings, or fifty pounds of tobacco: And if any person on persons so convicted, shall refuse to make present pai- ed:

How enforcment of such forfeiture or forfeitures, or give suilicient security for the payment thereof, at the laying of the next parish levy, after sich conviction, that then the same shall be levied on the goods and chattels of such offender or offenders, by execution, unvier the hand of the justice of the peace, before wlom such conviction shall be directed, to the sheriff or constable, to be executed in like manner as other executions and distresses are levied; and if no goods and chattels of such offender or offenders can be found, whereon to levy the said sum or sums, then he, she, or they, shall have and

Ebevol. 5.

receive ten lashes upon his, her, or their bare back,

well laid on, for every such forfeiture. Limitation. III. Provided always, That no justice of the peace

shall give judgment for more than four oaths or curses, sworn or uttered at any one time, or issue execu. tion against any offender, for more than twenty sbillings or two hundred pounds of tobacco, upon any one conviction; and also that no offender or offenders shall receive more than twenty lashes, upon such con

viction. Not attend. IV. And be it further enacted, That when any pering church, son shall hereafter be presented by the grand jury, or excuse for.

prosecuted by the church wardens, or otherwise, for wilfully absenting him, or herself from divine service, at his or her parish church or chappel, the space of one month, if such person shall make it appear, by the oath of one or more credible witness or witnesses, that he or she so presented or prosecuted, hath been at divine service at any other church or chappel than his or her own parish church or chappel, within the space for which he or she shall be so presented, for being absent; that then such presentment or prosecution shall be dismissed, and the party prosecuted discharged from the forf i'ure in the said act mentioned. And forasmuch as many doubts have arisen touching the offences and matters to be presented by grand juries, for settling whereof for the future,

V. Be it further enacted, by the authority aforesaid, Limitation of That the grand juries hereafter shall, and they are present ments,

hereby required to make presentment of all such of. fences and breaches of penal laws only, as shall be committed within the space of twelve months before the time of such presentment, unless the same be other. wise directed by law, and no longer.

VI. And be it further enacted, That so much of the said recited act of Assembly, as relates to any matter or thing within the purview of this act, shall be, and the same is hereby repealed and made void.

CHAP. III.

W

An Act, to settle the distribution of the salary, allowed

by his majesty, to the council of this colony. 1. HEREAS his majesty hath been graciously

Preamble. cil of this colony, the yearly sum of six hundred pounds sterling, out of his revenues, as a salary or reward for their services; and whereas, by the Act of Assembly, made in the fourth year of the reign of the late queen Anne, for establishing the general court, and for regulating und settling the proceedings therein, the said court is established, and declared to consist of the governor, and the council aforesaid; and the said judges are directed, at the time of entring into office, to take an oath, therein particularly set forth, under a penalty, in which oath, among other things, they swear, " that “they shall not take any fees or other gratuity, of a. “ny person, great or small, except such salary as shall «be by law appointed." And whereas a doubt has lately arisen, whether the members of the said council, as judges of the general court, can, with safety, take or receive the said salary, and proportion the same, according to their attendance in the said general court, as has been long practised, and always thought very reasonable and proper: Therefore, for obviating all scruples touching this matter, II. Be it enacted, by the Lieutenant-Governor, Coun

Members of al, and Burgesses, of this present General Assembly, general and it is hereby enacted, by the authority of the same, court, being That the true intent and meaning of the said recited councillors, words in the oath aforesaid, is, and it is hereby declar-may take the ed to be as it has always been understood, only to re-out violation strain the said judges, or any of them, from receiving of their oath or taking any gift or gratuity, from any person or per as judges, sons whatsoever, towards the delay or obstruction of justice; and not to debar or restrain them from receiving and taking to their own benefit, the said six hun. dred pounds sterling, or any part thereof, in the capacity of judges of the general court, or any sum or sums of money, or other salary or salaries whatsoever, which the king's majesty, his heirs and successors, shall think fit and reasonable, from time to time, to allot and allow them, for such their service; or from ma.

king such distribution of their salary or allowance, as to the members of the said council shall seem reasonable and proper; but it is hereby declared lawful for them to accept and receive such salaries and allowances from time to time, in the same manner as if given and granted by act or acts of parliament, or of the General Assembly of this colony.

CHAP. IV.

An Act, for continuing an Act, made in the first year of

his majesty's reign, intituled, an Act for making more effectual provision against invasions and insurrections; and one other act, intituled, an Act, for continuing and amending the aforementioned Act.

I. Preamble. W

majesty's reign, intituled, an act, for making more effectnal provision against invasions and insurrections, was continued and amended, by an act, made in the thirteenth year of his majesty's reign, which last mentioned act will expire on the twenty first day of December, one thousand seven hundred and forty-four; and it being expedient that both the said acts should be

further continged, Continua

II. Be it therefore enacted, by the Lieutenant-Governtion of form, or, Council, and Burgesses, of this present General Aser laws.

sembly, and it is hereby enacted, by the authority of the same, That both the above mentioned acts shall continue and be in force, from the aforesaid twenty first day of December, for and during the term of four years,

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