BANKRUPTS.
in Fact, shall give his Bond (with such Security
as the Chancellor shall approve of) to satisfy all Debts
due from the Assignor or Conveyor at the Time of
giving Bond, to any Residents of this Province, so far
forth as the Goods, &c. shall come into the Possession
of such Agent or Attorney. 1753, ch. 36, §. 1.
4. The Bond (so entered into according to the
foregoing
Article) shall be lodged with the Register of the
Court of Chancery, and kept among the Records of
the said Court: And every Creditor of the Assignor,
residing within this Province, may, on Application to
the Chancellor for Assignment of such Bond, put the
same in Suit against the Assignee or his Sureties, for
Neglect or Refusal of Payment. Ibid. §. 2.
5. Such Bond shall not be pleadable after the
Debt or
Thing in Action shall be above Three Years standing:
Except Persons under the Impediments of Infancy,
Coverture, Insanity of Mind, Imprisonment, or beyond
Seas, who shall have the full Benefit of such Bond for
Three Years after such Impediment removed. Ibid.
BANS. See Marriage.
BAPTISM. See Negroes, 2.
BARRELS. See Gauge of Barrels.
BASTARD-BEARING WOMEN-SERVANTS.
See Servants, 15.
BASTARD CHILD. See Fornication, 6. Servants,
15, 22.
BASTARD MULATTOES, begot by White Persons
See Mulattoes.
BEARS.
1. An Allowance in the County
Levy of 100 lb Tobacco
shall be made for every Head of a Bear, killed in
Somerset County, which shall be brought to any Justice
of the said County; which Justice shall cause the Ears
thereof to be cut off, and the Tongue to be cut out;
and grant a Certificate thereof to the Party producing
the said Head. 1728, ch. 12, §. 1.
2. But no Justice shall grant Certificate for
any Bear's
Head, (unless killed by an Indian,) till Oath be made,
that the Bear was killed in the said County: Nor for
the Head of a Bear killed by an Indian, unless it be entire,
and appear to be green and fresh killed. Ibid. §.2.
3. The above Act is continued without Limitation,
by 1732, ch. 9.
4. Worcester County being erected out of
Somerset
County in the Year 1742, an Act was Passed to encourage
the destroying of Bears in Worcester County,
to the same Effect with the above, mutatis mutandis.
1744, ch. 1.
BEEF. See Bacon. Gauge of Barrels.
BEYOND SEAS. Persons beyond Seas are excepted
out of several Acts, and Causes of Limitation, &c.
for which, see Administration Bonds, 3.
Bankrupts,
5. Country-Bottoms, 4. Limitation
of Actions, 3, 6,
7, 8. Specialties, 2.
BIGAMY.
The English Statute of 1 Fac
I. against Bigamy, declared
to be in Force within this Province. 1706,
ch. 8, §. 1.
BILLS of COST.
1. The Clerks of the several
Courts of Record, Register
of the Court of Chancery, and Register of the
Commissary's Court, shall deliver to the Defendants,
if required, full Copies, in a fair legible Hand, of all/
Costs of Suit recovered of such Defendants. 1731,
ch. 15, §. 3.
2. Any Clerk or Register, refusing so to do, shall
forfeit 2000 lb Tobacco; one Half to the Public School
of the County, the other Half to the Informer. Ibid.
3. Clerks, &c. in Taxing Costs, shall
deduct the
same Allowance for Convenience (See Fees, 3,) as
ought to be made by the respective Officers; nor shall
Execution issue for more than such Costs amount to
after such Deduction. 1763, ch. 18, §. 26. |
BILLS of COST.
4. Where Plaintiff or Defendant in
any Suit shall
have Judgment for Costs, and hath paid the same in
Gold and Silver as regulated by this Act; the Party
against whom such Judgment is rendered, may discharge
the Whole, or such Part thereof, as the opposite
Party really and bonâ fide paid in Gold and Silver as
aforesaid. Ibid. §. 117.
BILLS of EXCHANGE.
1. Bonds for Payment of Bills
of Exchange shall
not be sued in any other than the County Court, unless
the Sum due on such Bill of Exchange, amounts to
20 l. Sterling. 1714, ch. 4, §. 4.
2. Where a Drawer or Indorser of any Protested
Bill of Exchange is sued, no more than one lawful
Fee shall be demanded or taken by the Attorney prosecuting
or defending such Action, tho' there be Two
or more Indorsers and the Drawer sued. And the
Plaintiff may, at his Election, declare against such Defendants
in one or more Declarations on the same
Writ. Ibid. §. 6.
3. No more than 20 per Cent Damages, with Costs,
shall be allowed on any Protested Bill of Exchange
whatsoever. 1715, ch. 7, §. 1.
4. Bills of Exchange Protested, and returned into
the Province within Four Years after the Date, shall
be of equal Nature with Specialties, and regarded as
such by Executors and Administrators, on timely Notice
thereof. Ibid. §. 2.
5. Bills of Exchange returned Protested within
18
Months from the Date, shall be allowed no more than
15 per Cent Damages. Ibid §. 3.
See Advancement of Justice, 5. Suits
at Law, 4.
BIRTHS, Burials and Marriages, are to be registered
with the Vestry Clerk. 1702, ch. 1,
§. 10. See
Vestry, 13-16.
BLASPHEMY.
1. Persons convict of (wittingly,
maliciously and
advisedly, by Writing or Speaking) Blaspheming or
Cursing GOD, or of denying our Saviour JESUS
CHRIST to be the SON OF GOD, or denying the
HOLY TRINITY, or the GODHEAD of any of the
THREE PERSONS, or of the UNITY OF THE GODHEAD,
or of uttering any profane Words concerning
the HOLY TRINITY, shall, for the First Offence, be
bored through the Tongue, and be fined 20 l. Sterling,
to the Use of the County: And in case the Fine
cannot be levied on the Offender's Body, Goods,
Lands, &c. shall suffer Six Months Imprisonment,
without Bail. 1723, ch. 16, §. 1.
2. For the Second Offence, the Offender shall
be
stigmatized in the Forehead with the Letter B, and
fined 40 l. Sterling, to the Use aforesaid: And in case
the Fine cannot be levied, &c. shall suffer Twelve
Months Imprisonment, without Bail. Ibid.
3. And, for the Third Offence, shall suffer
Death,
without Benefit of Clergy. Ibid.
4. Informations for Blasphemy
shall be made within
One Month after the Fact. Ibid. §.
13.
BOATS.
1. Persons Stealing any Ship,
Sloop, or other Vessel,
within the Body of any County, of 17 Feet Keel or
upwards, and carrying the same above Ten Miles from
the Place where Stolen, or who shall counsel, hire,
aid, abet, or command any Persons to commit the said
Offence, or who shall be accessory to the same, shall,
on Conviction, Outlawry, standing Mute, or challenging
above Twenty on the Jury, suffer Death,
without Benefit of Clergy. 1737, ch. 2, §.
4.
2. Persons convicted of wilfully Burning any Ship
or other Vessel, Sloop, Shallop or Boat, of 17 Feet
Keel or upwards, and their Aiders or Abettors, shall
suffer Death, without Benefit of Clergy. 1744,
ch. 20, §. 2. |