the book, the certificates [see Form 32.] of Quakers with the time when the same was delivered to him, and deliver an attested copy of the same to any person desiring it, receiving therefor twelve and an half cents. 22. Fences. 1785 C. 52, Sec. 3. Assignment, or divisions of fences are to be recorded in the town clerk's office. 23. Mischievous Dogs. 1791 C. 38, Sec. 2. Town clerk or a Justice of the Peace, may administer the oath, [see Form 33 & 34.] to a person who suspects a mischievous or dangerous dog. 24. Subpoenas for Witnesses. 1784 C. 28, Sec. 5. Town clerk may grant summons [see Form 35] for witnesses in civil causes. 25. An Act to prevent Profane Cursing and Swearing. 1798 C. 33. WHEREAS the horrible practice o profane cursing and swearing is inconsistent with the dignity and rational cultivation of the human mind, with a due reverence of the Supreme Being and his Providence, and hath a natural tendency to weaken the solemnity and obligation of oaths lawfully taken in the administration of Justice; to promote falsehood, perjuries, blasphemies and dissoluteness of manners, and to loosen the bonds of civil society : Sec. 1. Be it therefore enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That if any person, who has arrived at discretion, shall profanely curse or swear, and shall be thereof convicted, such person so offending shall forfeit and pay a sum not exceeding two dollars, nor less than one dollar, according to the aggravation of the offence, and the quality and circumstances of the offender, in the judgment of the court or Justice of the Peace before whom the conviction may be; and in case the same person shall, after one conviction as aforesaid, offend a second time, such offender shall forfeit and pay, upon such second conviction, double the sum forfeited on the first conviction; and in case the same person shall, after two convictions as aforesaid, again offend, such offender shall forfeit and pay, upon each and every subsequent conviction, treble the sum forfeited on the first conviction; and if on any trial and conviction, proof shall be made that more than one profane oath or curse were sworn or uttered by the same person at the same time, and in the presence or hearing of the same witness or witnesses, the person so offending, for every profane oath or curse after the first, shall forfeit and pay a sum not exceeding fifty cents, nor less than twenty-five cents, in addition to the sum forfeited as first above specified; one moiety of the several forfeitures aforesaid to be to the use of the poor of the town in which the offence shall have been committed, and the other moiety thereof to the use of the person or persons who shall make complaint thereof, or prosecute for the same. And in case any person, convicted of profane cursing and swearing, shall not immediately pay the sum or sums so forfeited, such person shall be committed to the common gaol or house of correction, there to remain not less than one day, nor more than five days. Provided nevertheless, That when any person shall have been convicted of profane cursing or swearing, before any Justice of the Peace, and having appeared before such Justice, and pleaded the general issue, or demurred to the charges in the complaint against him, it shall be lawful for such defendant to appeal, from the sentence of such Justice to the Justices of the next Court of General Sessions of the Peace, to be holden in and for the county wherein the offence was committed, who shall hear and finally determine the same; the appellant claiming such appeal at the time of declaring such sentence by said Justice, and then and there recognizing, with sufficient surety or sureties, in a reasonable sum not exceeding twenty dollars, to prosecute his said appeal with effect, and to perform the order of said court therein. Sec. 2. And be it further enacted, That if any person shall profanely curse or swear in the hearing of any sheriff, coroner, constable, grand juror or tythingman, it shall be the duty of such officers, respectively, forthwith to give information thereof to some Justice of the Peace of the county wherein the offence may be committed, in order that the offender may be taken, convicted and punished for the same; which conviction shall be drawn up in the form following: -SS. Be it remembered, That on the in the year of our Lord victed before me, one of the for the county of day of A. B. was con Justices of the Peace of swearing one (or more) profane oath (or oaths) or of uttering one (or more profane curse (or curses) as the case shall be. Given under my hand the day and year aforesaid. Sec. 3. Provided always, and it is hereby further enacted, That no person shall be convicted or troubled for the offence of profane cursing or swearing, unless the prosecution for such offence shall be commenced within twenty days next after the offence shall be committed. Sec. 4. And be it further enacted, That the clerks of the several towns, districts and plantations, in this Commonwealth shall cause this Act to be publicly read at the opening of their respective annual meetings in the month of March or April; and if the clerk of any town, district or plantation, shall neglect so to do, he shall forfeit and pay the sum of ten dollars for each neglect, to be recovered by action of debt in any court proper to try the same, one moiety thereof to the use of the person or persons suing therefor, and the other moiety thereof to the use of this Commonwealth. Sec. 5. And be it further enacted, That the Secre tary shall cause to be transmitted a printed copy of this Act to each of the public teachers of religion within this Commonwealth, to whom it is hereby recommended to read, or cause the same to be publicly read to their several congregations annually, on the day of the public fast. Sec. 6. And be it further enacted, That all laws, heretofore made for preventing profane cursing and swearing, be and hereby are repealed. [June 29, 1798. 26. Riot Act. 1786 C. 38. An Act to prevent Routs, Riots, and tumultuous Assemblies, and the evil consequences thereof. WHEREAS, the provision already made by law for the preventing routs, riots and tumultuous assemblies and the evil consequences thereof has been found insufficient : Sec. 1. Be it therefore enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That from and after the publication of this Act, if any persons to the number of twelve, or more, being armed with clubs, or other weapons, or if any number of persons, consisting of thirty or more, shall be unlawfully, routously, riotously or tumultuously assembled, any Justice of the Peace, sheriff or deputy sheriff of the county, or constable of the town, shall, among the rioters, or as near to them as he can safely come, command silence while proclamation is making, and shall openly make proclamation in these or the like words: COMMONWEALTH OF MASSACHUSETTS. By virtue of an Act of this Commonwealth, made and passed in the year of our Lord one thousand seven hundred and eighty six, entitled, " An Act for suppressing routs, riots and tumultuous assemblies and the evil consequences thereof," I am directed to charge and command, and I do accordingly charge and command all persons, being here assembled, im mediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, upon the pain inflicted by the said Act. God save the Commonwealth. And if such persons assembled as aforesaid, shall not disperse themselves within one hour after proclamation made or attempted to be made, as aforesaid, it shall be lawful for every such officer to command sufficient aid, and he shall seize such persons, who shall be had before a Justice of the Peace; and the aforesaid Justice of the Peace, sheriff or deputy sheriff is hereby further empowered to require the aid of a sufficient number of persons in arms, if any of the persons assembled as aforesaid shall appear armed: And if any such person or persons shall be killed or wounded by reason of his or their resisting the persons endeavouring to disperse or seize them, the said Justice, sheriff, or deputy sheriff, constable and their assistants, shall be indemnified and held guiltless. Sec. 2. And be it further enacted, That if any person being commanded by such Justice, sheriff, deputy sheriff or constable, as aforesaid, shall refuse or neglect to afford the assistance required, and shall be convicted thereof upon the oath of either of the said officers so commanding, or other legal evidence, he shall forfeit and pay a sum not less than forty shillings, nor exceeding ten pounds, to be recovered by indictment or presentment before the Supreme Judicial Court or any Court of General Sessions of the Peace, according to the aggravation of the offence; to be paid into the public treasury for the use of the Commonwealth. Sec. 3. And be it further enacted, That all persons who for the space of one hour after proclamation made or attempted to be made, as aforesaid, shall unlawfully, routously, riotously and tumultuously continue together, or shall wilfully let or hinder any such officer who shall be known or shall openly declare himself to be such, from making the said proclamation, shall forfeit all their lands, tenements, goods and chattels to this |