OCR Interpretation

The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775, July 21, 1774, Image 1

Image and text provided by Boston Public Library

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83021194/1774-07-21/ed-1/seq-1/

What is OCR?

Thumbnail for

Jr. J ACT for tbe batter regulating
~v*T n foment tj tbtPbvinct tftb* MaflachufctU-Bay,
|| 07/America.
11 J / -[Continued from our lift.]
i *t* J that all Iberiffi may be the better informed of
* I i Vrions qualified to font on juries at the faperior
A court* of aflaze, general goal delivery,
u/7^ on * P'att’ *°d * n^r * or court of common
fctKiu the said province; be it further enafted by the
X' 'I r afoftfaid, that the constables of the refpedive
'VkA the fevetalcounties ofthe said province, Ihall,
* c neral feflinns of the peace,to be hddep ter each coun
ly, ifut the month of September i n every year, upOn the
►ft bt y of the said feflicns, return and deliver to the justices
bf :ace,in open court, a true lift, in writing, of die names
[nd place* of abode of all persons within the refpedivc towns
or which they save, or the diftrids thereof, qualified to serve
Pon juries,vdith their title* and additions,between the age of
*' ar;u twenty years, and the age efferent/ years j which
jees, or any two of them, at the laid Hihons in the
reK live counties, Audi cat*fe to be delivered a duplicate of
thK orefeid lift, by the clerk of the peace of every county,
tole iherifi* or their deputies, within ten days after such
(efr • ; and cause each of the said lifts to be fairly entered
federate book,by the clerk ofthe peace, to be by him
<rd, and kept for that purp' fe jjpongft the records dr
;id court; and no /herift’ Ihall impannel or return any
Wbni or perlons to serve upon any grand jury or petit jury
Bi'never, in any of the laid courts that Ihall not be named
Krei itioned in fitch-lift* relpedively : And to prevent a
Kmc of justice through thenegled of conftable* or to make
11. rit urn* of persons qualified to serve on juries, as in and
Ithi* aft is directed, tire clerk* ofthe peace of the said fe
-2.1 c ounties we hereby required and commanded, twenty
I > as: least neat before the month of September w
Te fJ rth precepts or warrant* under their rcfpe&ve hands
Il icil*, to the refpediie conftable* of the fevers! town*,
'hiaf the laid refpcfhv* counties, requiring them, and
ry Irthem, to make such return of perlons qualified to
u lion juries as hereby rdpcdn dy directed; and every
iftMe falfog at any tin* to make and deliver such return
in open court, a* aforclaid, Ihall forfeit and
, u rKe pwlty arf five pound* fteiling to his majesty and,
be recovered by bill, plaint, or information,
'“K any of the courts aforefaid ; and in order
| at the Gjnftablcs may be the better enabled to snake com
pete lifts of all persons qualified to serve on juries, the enn
| ables A the several towns (ball have free liberty, at all sea-
Jnable times, upon request by them made to any officer or
Isca:, who /hall have in hi* or their custody any book or
j|coect*of rate* or raxc* on the freeholder* or inhabitant*
I jthin *»ch refpeitive towns, to infped the fame, and
I om thence the name* of such perfon* qualified to save on
lities, dwelling within the reipefave towns for whi<A such
’.!»* aielto be given in and returned pursuant to this ad,
I M, id the month of September yearly, and every year,
| h two or more Sundap, fix upon the door of the cTm.'ch, 1
fol, and every other public place of n-ligidu* worship,
p. their refpeflive preciu&s, a true and exafl lift us JI
I' intended to be retunsed to the faid'general
I Is ofthe peace, as qualified to ieive on juries rcfpec-
I, pursuant to the dire flion* of this ait ; and leave, at
fine time, a duplicate of ftrh lift, with tW fown
i < t tl.c fa id place, to be peruled by the freeholders and
Ikwtr thereof to the end that notice nfay be given of
*' M> duly qualified who arc omited, or of persons infected
'' JTke, whoought to be omitted out ottlch lifts ; and
ad and may br ilrtal to and for the juftice* at the gene
fallens of the to which the fad lifts foall be io re-'
:d, upon due oof made before them, of any perlon or
'M duly qualified to serve on juries, being omitted
’uch lifts, or of any perlon or persons being in
hg therein who ought to have been omitted, to
Ir. hi* «* their name or name* to be inferred or
,*:k out, a* the case may require : And in case any con
hie tji i|l wilfully MUt out of foch lift any person or per
du, whofcfamr or names ought to be inserted, qr mail
lU lly .njjt any perton or perfon’ who ought to be omut
j a very conftalde so otiending ftiall, fur every person so
4’ted or. inserted in fueb lift, contrary to the true intent
of this aft, be fined by the laid jv.ftice* in the
I genertl feflion* of the peace, in the foa of forty
I Jigs fttt ling.
always, and be it enacted by the authority afore
tda <.afe default foall at any time hereafter be made,
lt\e or cotdlabies, to return li& of perfon*
ape un juries within any ofthe said towns, to
v natu* j -cnetal feflions of the peace ; then, and in
IV" Ljod nuy be lawful for the Aeriff of the
peopl "‘li’ch default fhaJ bemade, t< fommon and
wiffl 4 afofefaid, or any of them, fuih and*
prefa ’ftjwehmg in such town* or'tire diftriA*
» ta to serve on juries, as he Ihall think fit to
MM j, such refpe&ive courts; any thing herein
fbouft mtrary thcreofinany-wifenotwithftaudiog.
andjusSher enacted by the authority aforefaid,
& M ’n* of any person, to serve upon any of the
court, or any of them, Hull be made by
,Apr any other person, ten days at the least before
ioUof every such court; and in case any juror*, Io
/ filond, be abfcnt frongthe usual place of hi* habi
n, (the time of such summons, notice of such sum-
I ‘ /»thbe given, by leaving a note in wiiiing, under the
1 oith iheriff of perlon, containing the content* there
at ridweiling-hoefe of fitch juror, with feme person
the laaie.
rovid always andjje it further enabled by the authority
v J e| aiJthK in case a fofficent number of persons quali
) I to five on juries, Ihall not appear at the said courts, or
1 of tsem, to perform the feivice of grand orpefit jurorr,
* F tVTSJ mKai case, itlHTTbe lawful' fife rife Taid
I t «otMfe a writ «* precept to the Iherift; requiring him
’ umn. -« a fufficient number of other perfon* qualified" to
1 •or \me«, immediately to appear at such court, to fill
Mplete the number of jurors to ferue a* such cotsrt;
’ 'v foatfae boO*y required to appear aad favo a*
• -.aid courts aecotdmgiy- .
/ jjother eaaf cd by thoanshority-afa«faidb> that
I Ihall ferwt a* a juror, at any’of the said courts,
A a _ _ 1 _ _ 4 -a *
. J*M
I g J/JB B
Or, Thomas’s Bofion Journal.
‘Do thou Great LIBERTY inspire our Souls—And make our Lives in thy Pofleflionappy—Or, ourliths glorious in t h y juA Defence
V01. 1V.) THURSDAY, Jul, a.,, 774 . J , s , »T ®
any other of the court* aforfaid, for the space of three yean
then neat following, eacept upon fpedal juries.
And, in order that Iheriff* may be informed of the perfon*
who have served a* jurors ; it is hereby further enafjed by
the authority aforefaid, that every /heriff Ihall prepare and
keep • book, or register, wherein the names of all I uch per
fonn, who have served as jurors, with their sddition* and
places of abode, aad the tuna when, and the court* in which
they served, Ihall be alpliahetically entered and regifttred ;
which booly ur register., Ihall, bum time to t une, be deliver
ed over to the succeeding /heriff of the laid county, within
ten days after be /hall enter upon his office; ana every juror
who ihall attend and serve at any of the courts aforefaid,
may, at the expiration of the time of holding every such
court, upon application to the Iheriff or his deputy, have a
certificate immedutelygratis, from du: Iheriff or his deputy,
teftilying such his attendance and Icn ke; which said certifi
cate the said Iherifl, or bis deputy, is required to give to
every such juror.
And ba it further enatted by the authority aforefaid, That
if, by rcafon us challenges or otherwise, there Ihall not be a
fufficient number of jurors, for the trial of any prosecution
for any mildemcanour, or. any aflion depending in any of the
I laid courts, then and in such case, tire jury flwil be filled
up dttaiihit circunfataibm, to be returned by tire Iheriff,
ualefe he be a party, or interested or related to any party or
person interested in such prosecution ur adion; and in any
of which cases to be returned by the coroner, unlcfs he be
a party, or interested cr related to any party or person in
terested in such prosecution or aftion ; and in any of those
cases, to be returned by a proper and indiffetent perton, to
be appointed by the court for that purpose.
And bt it further enabled by the authority aforefaid, That
in case any person summoned to fetve upon the grand or pe
tit jury, at any of the cqbrt* aforefaid, or upon the jury in
any prosecution, aftion, or foit, depending in any ot the
said courts, Ihall not appear and serve at the laid court* ac-.
cording to th* said fummon*, (not having any reafonablc ex/
cufe to be allowed by the judge* or jwftice* at such court,!
Ihall be fined by the judges or jufttces of fbeh court, in anp
Him not euevdihg the sum of ten pound*, nor tef* than
twenty /hillings fteriing.
And bt it further tnufitd by the authority aforefaid, That
every flferiff, or other officer, to whom the I'eniri- Facial,
or other procel's or warrant, for the trial of caufe*, ot fuiu
moning of juries, /hall be directed, Ihall, upon fife reuun
of every such writ, or other proccfe or warrant, (unlklsiu
cases where a fpedal jury ihall be struck by order or rule of
court, pursuant to this aft,) andu a pannel to the said writ,
orprotef, or üB-ant, (fcntainiog the chnftian and fhrnatnes,
additions, and place* of abode, of a competent number ot
jmort, named in f.ch lifts, a* are qualified to serve on such
juries ref, eftive-’y, the name* of the perfon* to be inserted in
the pannel annexed to every such writ or procett, or wary nt, i
which number of jurors Ihall not be lef; than twenty-four,
nor more than forty-eight, without direftion of the judges
or ju’hces of such court or session, or one of them, who are
hereby refpeftively impowered and required, if he or thoy
fee cause, by order, under his or their relpeftive hand or
hands, to direst a greater or ieftor number, and then such
number as ihall be so direfted, /hall bv the number tn be
returned to serve on such jury; provided that such number
to be so returned, /hail nor be lef* than twentv-four.
And It it further t nutted by the authority atoiefaid, That
for the trial* of all aftions or loirs dependi; g in any of the
laid courts, the name of each and eery perlon who (hall be
lummoned and returned as afortfaid, with his addition and
the place of his abode, fha 11 be written in fcveral and dirtinit
pieces of parchment, or paper, being all a* near as may be
of equal fire and bigneF, and ih dl be delivered unto the
officer to be appointed by the court for that purpou, by the
fhenff, under-lheriff or tome agen: of his; andfh.nl, bydi>
region and care of fueh officer ba rolled up ail as near . •
may be, in the fame manner, and put together in a boa or
giafi, to be provided far that puurpofe j and when any cauic
Hull be brought on to be tried, feme indifferent person, by
direction of the court, may and shall, in open court, draw
out twelve of the said parchments or papers, one after ano
ther ; and if any of the pertain, whole names shall be
to drawn, shall not appear, or shall be challenged, and such
challenge allowed, 'hen iuch penon shall proceed to draw
othei parchments or papers, from the laid box, till tweise
indifferent pedons shall be drawn ; which >2 indifferent pet
tons being (worn, shall be the jury to cry tlse find cauf*;
and the names of the perlons to drawn and fwomfhall be
kept apart by themselves isr tome other box or glass, to be
kept Mr that purpole, till such jury dull have given in thrar
verdid, and the fame is retarded, or until inch jury shall
by content of the parties, or leave of the court, be difehatg
ed‘; and then the fame names thall be rolled up again, and
returned to the former box or gbfi, there to be kept, with
the other names lemaining at that time undrawn, and to
fuftiri, as long U any cause remains then to be tried.
And be it further trailed by the authority afortfaid, That
it shall and may be lawful, to and for the iuperior court of
ailize, and court of common pleas, upon motion made on
behalf of his Majesty, his heirs or fucctflon, or oss the mo
tion of any pro fee utor or in any indictment or
information for any mifoemeanor, depending, or to be
brought or profccuted in the 'laid court, or on the motion I
of any plantiff or plandffs, defendant or defendants, in any I
aftion, cause, or Cult whattoever, depending, or to be)
brought and carried on in the laid court, and the said caur#
is hereby author! fed and required, upon motion as rfor J
in any of the cases before-mentioned, to order and appoint
a jury to be llruck for the trial of any iflue joined in any <J
the said cases, and triable by a jury of twelve men, by foq
officer of the said court as the court shall appoint p and ri
that perpofe, the Iheriff, or his deputy, shall attend lu*
. officer, with the duplicate of the lilts of pctfooa
serve on juries; and such officer shall thereupon take bow, I
in writing* from the laid duplicate, the names of for- ; I
■ eight persons qualified to serve onjqries, with their add- ll
‘ ons and places of abode, a copy whereof shall forth Wirne J
delivered to the proft cut on or phntifli, their attornies is- 1
gents, and another copy thereof to the defendants, >ir I
aUCraies or agents, in such prosecutions and caufesArf *
the fill office iff the court aforefaid IhaH, at a timelb* [
fixed by him for that purpufe, strike out the nato
cuiors or plank, their attornies and also the
name, of twefothers of the said fns, j t the nomina
te of the in fuchifecutfons and suits
and the twenfour remaining perl/ Ihall ba struck and
fumtnoned, ateturned to the faiJurt a*juror*, for the
trial us such ifa I ,
’ n ptoftcutor* or plan
tiffs, or defci|ts, their attornie/ agents, Ihall negleft
ur refufetoasd the officer at th/r.e fixed for striking
the name* ofenty-four perfon* fcforefaid, or nominate
the perlons 4 struck out; th/ and in such case, the
laid officer ft; and he i* to flrlke out the
names of of the /ai/rfon*, as such prosecu
tors or plan» « defendants, iht have nominated to
be struck ou
And be Uther enafled, Tl/hc person or patty who
Ihall apply fech fpedal jury farefud, /hall not only
bear and p«)| fee* for ftrikinJch jury, but /hall allo
pay and difeje all the expcnc/rcalioncd by the trial of
the cause bjh fecial jury, /ftiall not have any fur
ther or uthdowance for the 1, upon taxation of cfoh,
than such £1 or party woui/intitled unto, in case the
cause had Ptiied by a com/ jury, unlcfs the judge,
before while cause is tried Jil, immediately after the
trial, certdn open court, / his hand, upon the back
of the reccxhat the lame/ * cause proper to be tried j
by a fpea4«
And berrthtr tnaHed I* authority aforefaid, That
in all aft. bought in any/he said court*, where it
ftiall appei the court in v/ such aftions are depend
ing, that 111 be proper arfeeffary that the jurors who
arc to try! issues in any f aftun*, fl lo uld have the
view of tieftuages, Lmd/ place in cueftion, in order
to their 1 underitandingevidence that will be given
upon the/ of such issued every foth case the rclpec
jvbfoh such js Ihall be depending may
nfihe placerieftfon, who then and there
> rHA 1 T ,a r oo lhewn hy ‘wo per-
( Jby tfurt; and the fpccij cost A
If court, Ihall, before the tr>-
P«*ty stoved for the view (the ad
verse uaht cunfenu^eto;) and Ihall, at the tax* I
ationofpill phe feme allowed him, upon I
his n <judgmentl-h trial; and upon all views I
with client of peid’tdesed by rhe court, the costs I
thcrcofhlluwed by/otirt, before trial, be I
cquali* 4>y the Qidp-i atui i« the taxation ofthe )
bill of s the i-a:t)/cringjudgment Ihall have the I
lum by paid aiLupim ; any law, usage, oreuf- f
tom, d conti ary. nhftanding. {
Aad further rJby the authority aforefaid, That
if any h Ihall be agiinft any /heiiff, for fehat
ha fhain exeevtia hy u/tue of this aft, he may
plead fneral iflbd give the fp-cial matter in evi
dence! if a verd.ll he fourul for him, he Ihall re
cover* costs. I
I I P p/N D J X, TO
A Pdiumbly pt- for the better Gcveenment of
Britifhi Ka ‘ [Sec our Jaft.J
Steftrtntlj nej •» bt tuien, freviout to de meet,
ing of rent of Ameriea.
ereftmf “<h Amenca into a separate king.
1* an lot the greatelt confequencc ; rhe
■ronttentionk* course, be required to adjust and
eftajvefy driving thereto in the must proper aife
effetoanner. 1
Sb a* th 4 'f’-tenmned upon, it Ihould frem
pro^inform fo«'van agents there of it, in order
tl.ri may erfhe news to their constituents.
tmeriefecnore, for the lam? reasons, Ihould
alfilnformeb direfted to tranlimt honie the
nad such rf‘ of the councils a* they know to be
abilities, principle,, and fortunes,
fonbers house, ot which the crown /hall
apj lueh d r as^ Ihall be judged necefTar* to form ,
a iable W“n, who arc to lit as i’teri of Ame
rislioughFh ' D *itle.
*y ilfo“ ‘hat the firft Lord lieutenant Ihould
lu Amef‘ e » which would be extremely agreca- I
bne Aifr efpecsally if he i* such a man as they I
hnowod been diftinguilhej by any fevice done, I
odhmeip to America. I
Use nqtiencans, who have never been in Eng. I
Idan of the magnificence and grandeur I
U4ty, »* Britiffi court, it Ihould iee m reouilite |
• rib),/“ » poflible, of both, on lo important j
uofjatl*! ought to be fixed, and ferity ob
fin febhc proceedings, especially where hi* Ma
■j* cod a,id appear* by his seprefentative.
fth4 f-nnot fail of imperiling a proper awe
fie/Mtribme to remove that Jrwli.ng fpiric
M*f®** c *’ * n feme parts of America.
be wi/hed, that the Lord lieutenant Ihould
maceral turn* of a good addrefi, eafo of ac
affable ; all which would operate
|y dale’s minds, and win their affeftfoa*.
t /of Bilhops, great care Ihould be taken to 1
I A way well qualified, to be the founders of a
rcjl eftaWifttrnent, so difagreablc to many;
Mfcn of great literary abilities, approved elo
|fe*ruiy apoftolical chanfter.
Wrcltfaftics ffould, in every thing, resemble
■ land it mould form proper, tint at least one
either be natives, ur such as have lived
IB this new cftabi.ihmentf 3 proper oopottunitv
■ revise the artiefe* of the cWch oFkngL .Z
■h airerations therein at seems reafcn*bfe in
tf* 4 "*”» 1154 <w“ble
■re doChine, the nmpfidty, puriry, and umw
Ice pf true chnfhanity.
roem berc of parliament, a
®. mould be summoned in every American Cv-
a. suprefen
rvß*msnr» * «* piwper that
Ihotrld hare me privilege hy thwtr-, fe
11 The ceremonial of m^ti n „ . r~:
I »«ed in the firft parliaiwnt "f to **
• fettled by those whn A Amnic *> will be ea-
I AS.Xte "* l i“ Aa fctalMtaiA.
••».»« d 'SdSVZ ‘ Cam ' ih
«>*, rs «« an—
gouned into it. y ou j]’ * e we to 6e <•«.
with a claim to the rieht of n °‘ “"‘'“‘M
now rife higher in C ° nftMt
breaking all ■ • ’ a<,Urtie the Power of
-d Ihore-hnZ ‘"J^ e *
of making the akc । • claim the power
judge, whether there ever /0U “*
uu* a nature, stolen by the vifeft M P®* 6 "’
•bjea senate. Mimftry Horn the mod
dangerous commurion. jJd "‘ e ’ l iMM ‘ r4,kd
I Burton, in which comm “Neftion* in the town of
I tended, it could not be 7 f’ * n< *J”**
I Mf«h, wascoXnedin S ’ ‘ be “»*" ofßofton,
P-fon*. An?Xt <"** >
I omnipotent body, instead of* * iT*"? . Tl,at *” ve a,M *
,•* U.a L,,J, if 22 I-' 1 "". rvM w
I a whole province; h, s he '°* n ’ «*» *•« them
UD j“ ft to
««be foppo^^^^e-«« Usa.
them, but riituallv f '‘"^MH.andnot only
I - of •he wharves
great Bay, comnreteL “* round that
Points, so that the Varian 1 * tween and Aldertu*
ofthe town of ***! multitudes uut
ientlv taken 2, B0 T" “ weU “ « tnurt fobfift, i* »so.
i»Hk< rote k
lowed to be Almiehrv P wi,amen t •» al-
®y- If the >ailinn, l ae, thsr Juftke nor Mer-
ir.fr. ia..nm*r~£ fe’ffe' » "ri>.
Bv\h £**’"? the P rin cip*« of the aft. |
I and elaufes of it, all rhe wharves
I quay*, landings and water lots nf *®- r * w r
! n •« tote
them or flapped from them by any veffd down VYte
of* common when,, and thi .ir XtX J
y of the lorkiture of the veffei* and cargo*/ with tie
hqrfes, carriages, cattle, and every utensil J
at i 0(1 ** tn,<e of
that Hull £ | C price of them, upon any person -
zie^ * ft r
admiralty, that morfler ts aonr COUft
' n '7 h d T* ° f in” Eng-
use w, “ “ k"*"
ougn to bn be an EngTiih parliament t
,L . ~7. r
not be & no ‘ cnou oor itfelf must
I fel of iMu n °
ed, not foftesed to be foiled upon by mariners—nav ve/W,
UmC *’ tI " D t 0 th « inteßirS)
cnuie warje than guar det to be aflimed tu
thlnl “ St ’ ” ld ’ ' Zobc > e<l “
to be forfeited, cargo and aIL 7 ’
Dip farther into thia produftion of hell— and you find
that not so much u a wood-teat can Zku’
* obba t w w bu ‘ h « ,|s of «*n to support 6ccoo
p “ ter d^*nc^to
W ' ,hout an *ffoient Officer,
£ •?
a* to fora that capital of America to yieidf^dby’that
mom to d.fcuurege aU futint ‘
To force the officers on the station to be ftithfol, and to
deter any one of them, who might otherwise Jiften to th.
native fuggeftion* of ar. Engli/h heart—cool, fine is imnol
rfX 10 mUth * — “ the St
It is impoffiblc by the firfl of Tune, intellreenre A
mejAueJhouJd have spread even
on th*t day, ah Charter-parties are rendered void, that ’
T ’ by *‘ ,lCh
leyel* mvn be ruined* «*ny
But to crown the whole, my countrymen, and to fliew
yra what treatment you are to expect, by tame
to that erowy \yraru. X
of S' fTT? 1 * ““* * the demand,
of th Eaft-Inda conyrery are farmed, and ah the iauei.
rapr trymea received by the CommuiSonetj incertamkume
t wn _the rpfth* yg ->™-4 -♦ '

xml | txt