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lick treasurer, purporting to be a warrant of the governour, or other person exercising that function, or a certificate of the auditors for publick accounts to authorize the payment of money; or cause or procure such writing to be falsely made, forged, or counterfeited; or present such writing, or cause or procure it to be presented at the publick treasury, knowing it to have been falsely made, forged, or counterfeited, in order to receive the money, or any part of the money therein mentioned; or shall falsely make, torge, or counterfeit, or aid or assist in falsely making, forging, or counterfeiting, a writing to be offered to the auditors for pnblick accounts as a voucher, in order to obtain their allowance of a demand, and certificate of such allowance; or cause or procure such writing to be falsely made, forged, or counterfeited, or offer such writing, or cause or procure it to be offered to the said auditors, knowing it to have been falsely made, forged, or counterfeited, in order to obtain their allowance and certificale atoresaid. And he or she shall be adjudged a felon and not have the benefit of clergy, who shall forge or counterfeit, alter or erase, any bill of credit or treasury note, or loan office certificate of the United States of America, or any or either of them; or shall cause or procure such bill of credit or treasury note or loan office certificate to be forged or counterfeited, altered or erased; or shall aid or assist in forging or counterfeiting, altering or erasing such bill of credit or treasury note, or loan office certificate; or shall pass or tender, or shall cause or procure to be passed or tendered any such bill of credit or treasury note, or loan office certificate in payment or exchange,

knowing the same to have been forged or counterfeitHaving in ed, altered or erased; or shall have in his or her custopossession, dy or possession, any press, types, stamp, plate, or instruments for forging

other instrument necessary to be used in the fabricaor counter. tion of such bill of credit or treasury pote, or loan offeiting fice certificate, and not actually used in some publick

printing office; or any paper with or without signature, on which the characters, words, and numerical figures contained in a genuine bill of credit or treasury note, or loan oflice certificate, are or shall be impressed on inscribed in like order as they are in such bill of credit or treasury note, or loan office certificate, or any such bill of credit, treasury note, or loan office certifi.

cate, which hath been altered or erased, knowing the same to have been altered or erased, and shall not discover such press, types, stamp, plate, instrument, paper, or altered or eraseid bill of credit or treasury note, or loan office certificate; to two justices of the peace before the last day of June, in this present year, one thousand seven hundred and seventy nine, or within five days after they shall have come to his possession. When the justices of a county in which any such selo- Proceedings ny az is before described sirall be supposed to have against of.

. been done, shall have determined, upon examination, that the person charged therewith ought to be tried before the general court, the high sheriff, or if he be fat able to attend, the coroner shall deliver to them a list of the names of thirty sis good and lawful men, out of which, twenty four shall be stricken, one after another, the justices and the prisoner striking alternately, or if the prisoner refuse to strike, the justices striking only, and the remaining twelve men shall be summoned by the writ of venire facias for trial of the prisoner. When a justice of peace, before whom a person charged upon oath with any such felony as aforesaid, shall inform the governour that he hath cause to Gaspect that the offender, if he or she should be comoritted to the jail of the county in which the felony was done would be rescued (which information the justice is required to give in writing, with secrecy and despatch) or when a person shall be charged upon oath inade before the governour with such felony, in either case, the governour, with advice of the council of state, may by ais warrant, empower and order so many men as shall be judged sufficient to apprehend the person accuseil, and convey and commit him or her to any other jail, in which he or she shall be detained, and shall by another warrant direct the sheriff of that county in which the last mentioned jail is, to summon the justices thereof to nieet at the courthouse before the end of twenty days afterwards; and thereupon the said justices shall proceed in the same manner as they might have proceeded if the fact alledged against the prisoner had been done in tlacir own county. And if he or she be remanded, the clerk of the peace attending the said justices, shall, within twenty days afterwards, certify the same to the sheriff of the county in which the fact was done, or failing to do so, shall forfeit one

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hundred pounds; and the same sheriff shall summos
the justices of his county to meet at the courthouse
thereof, within ten days after receipt of such certifi-
cate, and then deliver to them such list as aforesaid,
out of which, twenty four shall be stricken, in manner
before directed, any agent authorized by the prisoner,
striking for him or her, or if no such appear, the jus-
tices striking only; and the remaining twelve shall be
saminoned as jurors for trial of the prisoner, by writ
of venire facias, to be issued by the clerk of the last
mentioned county. Every juror summoned by virtue
of any such writ of venire facias, who shall fail at the
return thereof, and from that time until he be discharge
ed, to attend the general court, shall forfeit one hun-
dred pounds, unless the defaulter shew good cause to

the contrary, having been summoned for that purpose.
Persons sus- Any justice of the peace may, by his warrant, cause
pected ot
having forg-

to be apprehended and brought before him, every such ed or coun. person travelling in the county of the said justice, as terfeited

he shall suspect to carry forged bills of credit or trea-
notes, how
apprehend sury notes, or loan office certificates, and search to be
ed.

made in the wearing apparel and baggage of the said
traveller by force, if he or she expose them not volun.

tarily. The governour, with advice of the council of Rewards for state, may offer rewards for apprehending those who, apprehende having been charged upon oath with any of the feloing.

nies before described, shall have fled from justice, and
may draw warrants for such rewards not exceeding
one thousand pounds for any one fugitive, which shall
be paid out of the publick treasury.

The auditors shall grant certificates to all witnesses, veniremen, and Allowances

sheriffs, for their attendance in criminal cases, and shall
to witnesses,
veniremen, allow them in such certificates two shillings per mile
and sheriffs, for travelling, and four pounds per day for their at-
what, and
how paid.

tendance, besides ferriages (instead of the allowances
heretofore established by law) which the treasurer is
directed to pay for their attendance at the general
court, held in this present month, and to all others who
Inay attend at future general courts after the passing
this act. The certificate from the auditors to be grant-
ed upon testimonial from the clerk of the court ai
which the witnesses, veniremen, or sheriffs shall have
attended. This act shall be in force until the first day
of January, one thousand seven hundred and eighty
one; and so much of the act of last session" For more

effectually guarding against counterfeiting of the bills of credit, treasury notes, and loan office certificates, and of every other act as is within the perview of, and inconsistent with this, is repealed.

CHAP. XXV.

p.

An act for declaring and asserting Chan, Rex.

the rights of this commonwealth,
concerning purcahsing lands from
Indian natives.

to

ed.

* I. TO remove and prevent all doubt concerning Exclusive purchases of land from the Indian natives, Be it de-right of clared by the General Assembly, That this common- common wealth hath the exclusive right of preemption from the

purchase Indians of all lands within the limits of its own char- lands of Intered territory, as described by the act and constitu- dians assert. tion of government in the year one thousand seven hundred and seventy six; that no person or persons whatsoever have, or ever had, a right to purchase any lands within the same from any Indian nation, except only persons duly authorized to make such purchases on the publick account, formerly for the use and bencfit of the colony, and lately of the commonwealth; and that such exelusive right of preemption will, and ought to be maintained by this commonwealth to the utmost

of its power.

II. And be it farther declared and enacted, That every purchase of lands heretofore made by, or on behalf of the crown of England or of Great Britain, from any Indian nation or nations within the before mentioned limits, doth and onght to enure for ever to and for the use and benefit of this commonwealth, and to and for no other use or purpose whatsoever; and that all sales and deeds which have been or shall be made by any Indian or Indians, or by any Indian nation or nations, .- VOL. s.

N

for lands within the said limits, to or for the separate use of any person or persons whatsoever, shall be, and the same are hereby declared utterly void and of no effect.

CHAP. XXVI.

from Reria sed Bills of An act constituting the Court of Ad. 1779, chaap. XCII. p. 63.

mirally. Chan. Rev. p. 104.)

it enacted by the General Assembly, That the Court of ad. miralty esta. court of admiralty to consist of three judges, any two blished. of whom are declared to be a sufficient number to con

Number of stitute a court, shall have jurisdiction in all maritime judges. Jurisdiction. causes, except those wherein any parties may be ac

cused of capital offences now depending and hereafter to be brought before them, shall take precedence in court according to the order in time of their appoint

ments, and shall be governed in their proceedings and By what laws decisions by the regulations of the congress of the Un governed. nited States of America, by the acts of the general as

sembly, by the laws of Oleron, and the Rhodian and Imperial laws, so far as they have been heretofore ob

served in the English courts of admiralty, and by the Provision, laws of nature and nations. If the regulations of conwhere regue gress happen to differ from those of general assembly, congress

the latter are declared to be supreme in cases wherein condict with citizens only are litigants, and the former in all other laws of state. cašes: Every future judge of this court shall be chosen Judges, how chosen.

by joint ballot of both houses of assembly; and before he enters on the duties of his office, besides taking the

oath of fidelity, he shall take the following oath, to be Oath of jud- administered by the governour in council: “ You shall ges. swear that well and truly you will serve this common.

wealth in the office of a judge of the court of admiralty; that you will do equal right to all manner of peo ple, great and small, high and low, rich and poor, of what country or nation soever they be, without respect of persons. You shall not take by yourself, or by any other, any gift, fee, or reward, of gold, silver, or any

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