applied.

any action that may have been commenced against him for such escape; and all fines arising upon the breach of Fines, how this act, shall be applied to the use of building and repairing the goal or goals in the county where the offence is committed, and shall be paid to the Treasurer of the county for that purpose.

a true register

And be it further enacted by the authority aforesaid, That the sheriffs of the respective counties, from and Sheriffs to keep after the passing this act, shall keep a true and exact cal- of all prisoners. endar or register of all prisoners committed to any prison under his care, and that the same shall be kept in a large bound book provided and kept for that only purpose ; and in the same book shall be distinctly and fairly registered, the names of all prisoners who shall from time to time be committed to prison (beginning with the names of those who may be prisoners when this law shall take place) with their names, places of abode, additions, the time of their commitment, for what cause, and by what authority committed; and of such as are committed for criminal offences, a description of their persons; and also from time to time, as any prisoner shall be liberated, the sheriff shall also register in the same book, the name and description of the person as aforesaid, the time when, and the authority by which such liberation took place, and if any prisoner escapes, the time and manner of the escape shall be noted in the said book.

turn a list of

And it is further enacted, That every goaler or prison Goalers to rekeeper, at the opening of the Supreme Judicial Court, or their prisoners. the Court of General Sessions of the Peace within the county where he keeps the goal, shall return a list of prisoners in his custody therein certifying the cause for which, and the persons by whom they were committed, and the names of all persons who shall be committed during the sitting of either of the said Courts, with the cause of their commitment, that the Justices of the same Courts respectively may take cognizance thereof, and as well for the Commonwealth as the parties, may proceed to make deliverance of such prisoners according to law, for the proper to the jurisdiction of the same Courts respectively; and also shall have the said calendar or register of prisoners ready to be inspected by the said Courts; and if any goaler shall make default herein, he shall be fined at the discretion of the Court.

crimes

Warrants, mit

timuses, &c. to

order.

And be it enacted by the authority aforesaid, That all be filed in their warrants, mittimuses, writs and instruments of any kind, or the attested copies of them, by which any prisoner shall be committed, enlarged or liberated, shall be safely kept regularly filed in their order of time, and together with the said calendar or register, shall be safely kept in a suitable box for that purpose, and upon the death or removal of any sheriff, shall be delivered to his successor in the office, on the penalty of Fifty pounds, to be paid by the sheriff removed, or his executors or administrators, in case of the death of the sheriff, to be recovered by any person who shall prosecute therefor, in any Court proper to try the same.

Upon removal

or death of any delivered to his

Sheriff, to

successor.

Apartments to

be provided for

rate from

criminals.

Justices to en

quire into the

And it is further enacted, That in the prisons within debtors, sepa the several counties of this State, there shall be provided by the Justices of the Court of General Sessions of the Peace, and at the expence of each county respectively, sufficient and convenient apartments for receiving and lodging prisoners for debt, separate and distinct from felons and other criminals; and it shall be the duty of the said Justices at the beginning of every quarter sessions, to enquire into the state of the prisons in their respective counties, with respect to the security of such prisons from escape, the condition and accommodation of the prisoners, and shall from time to time take such measures as may best tend to secure them from escape, sickness and infection.

state of prisons.

Debtors to have

liberty of the

goal yard, &c.

Proviso.

And be it further enacted, That any person imprisoned for debt, either upon mean process or execution, shall be permitted and allowed to have a chamber and lodging in any of the houses or apartments belonging to such prisons, and liberty of the yard within the same in the day time, but not to pass without the limits of the prison, upon reasonable payment to be made for chamber room, to be set and established once in every year by the Court of Sessions, and not to exceed two shillings a week. Provided, That such prisoner shall give bond with sufficient surety or sureties, within the county, to the creditor or creditors, in double the sum for which he is imprisoned, conditioned that from the time of executing such bond, he will continue a true prisoner in the custody of the goaler, and within the limits of the said prison, until he shall be lawfully discharged, without committing any

manner of escape; and in order to prevent any oppression under pretence of the surety or sureties being insufficient, two disinterested Justices of the Peace, quorum unus, shall be called to approve of the surety or sureties, and the same being approved by them, shall be deemed sufficient; and if the creditor or creditors shall refuse to take the bond, the same shall be left with the sheriff until the creditor or creditors shall demand the same; and upon putting such bond in suit when the condition shall be broken, judgment shall be entered up for the whole of the penalty, and no chancery shall be allowed therein; and the Court of General Sessions of the Peace shall fix and determine the boundaries of the goal yards to the several goals appertaining in their respective counties, as soon as may be after the publication of this act.

Whereas it may at some times happen, that the goaler or prison keeper may demand an unreasonable compensation for articles provided for a prisoner, while in prison, under his custody:

Therefore be it further enacted by the authority aforesaid, That whenever any dispute about the price of such articles shall arise, the Court of General Sessions of the Peace for the county in which such goal stands, shall be, and hereby are, fully authorized to hear and finally to determine all such disputes. February 21, 1785.

1784.- Chapter 42.

[January Session, ch. 10.]

Disputes aris able demands of termined.

ing by unreason

goalers, how de

AN ACT TO PREVENT THE DESTROYING AND MURDERING OF Chap. 42

BASTARD CHILDREN.

Whereas many lewd and dissolute women, being preg- Preamble. nant with bastard children, who regardless of natural affection, and to avoid shame and escape punishment, do conceal their pregnancy, and the birth and death of such children, by means whereof many of them perish for want of necessary and usual assistance, and it cannot be known that they were not murdered:

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of

the same, That if any woman shall conceal her pregnancy, Penalty for con

cealing preg

and shall willingly be delivered in secret by herself of nancy, &e.

any issue of her body, male or female, which shall by law be a bastard, every such woman so offending, shall pay a fine not exceeding the sum of fifty pounds, to the use of

Penalty for concealing the death of a bastard.

with murder,

directions in this case.

this Commonwealth, to be recovered by information or indictment in any Court proper to try the said offence, or imprisoned, not exceeding three months, at the discretion of the Court.

And be it further enacted by the authority aforesaid, That if any woman shall endeavour privately, either by herself or the procurement of others, to conceal the death of any such issue of her body, which if it were born alive would by law be a bastard, so that it may not come to light whether it were born alive or not, or whether it was murdered or not; in every such case, the mother so offending shall be set upon the gallows, with a rope about her neck, for the space of one hour, and be further punished by being bound to the good behaviour, at the discretion of the Court.

And be it further enacted by the authority aforesaid, Women charged That if the Grand Jury shall in the same indictment charge any woman with the wilful murder of her infant bastard child, as well as with either or both the offences aforesaid, and it appear to the jury of trials that she is guilty of the murder charged, she shall be thereupon convicted of murder, and suffer the pains of death as in case of murder; but if it doth not appear to the same jury that she is guilty of the murder charged in the indictment, but only of either or both the offences first herein mentioned, then the same jury may acquit her of the charge of murder, and find her guilty of the said first mentioned offences, or either of them, as the case may be.

Preamble.

Whereas Nicholas Rousselet, resident in Boston, auctioneer, and George Smith, resident in Andover, labourer, have dwelt within this Commonwealth several years," and demeaned themselves well, and have applied to the Legislature to be naturalized:

Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the said Nicholas Rousselet, and the said of allegiance, &c. George Smith, be permitted to take and subscribe the

Permitted to

take the oath

oath of allegiance to this Commonwealth, before two Justices of the Peace, quorum unus, of the county where they dwell; and thereupon, and thereafter, shall be deemed, adjudged, and taken to be citizens of this Commonwealth, and entitled to all the liberties, rights and privileges of natural born citizens.

And be it further enacted by the authority aforesaid,

return thereof to

That the Justices before whom the said Nicholas Rous- Justices to make selet and George Smith may take and subscribe the oaths the Secretary. aforesaid, shall make return thereof to the Secretary of

the Commonwealth, who shall record the same in the book ordered to be kept for such purpose.

February 28, 1785.

1784.- Chapter 44.

[January Session, ch. 12.]

AN ACT AGAINST MURDER AND MANSLAUGHTER.

Chap. 44

suffer death.

Be it declared and enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That whosoever shall commit wilful Murderers to murder, of malice aforethought, and being thereof convicted before the Justices of the Supreme Judicial Court, shall suffer the pains of death.

And be it further enacted by the authority aforesaid,

That whosoever shall commit manslaughter, and being Punishment for thereof convicted before the Justices of the Supreme manslaughter. Judicial Court, shall be liable to be set on the gallows for

the

space of one hour, with a halter about his neck, and one end thereof cast over the gallows; to be branded in the forehead with the letter M; to be imprisoned, not more than twelve months; and to be bound to the good behaviour: And the same Justices shall sentence the said convict to suffer all or part of these punishments, according to the aggravation of the offence.

February 28, 1785.

1784. Chapter 45.

[January Session, ch. 13.]

AN ACT ALTERING THE NAME OF THE TOWN OF RICHMONT, Chap. 45

IN THE COUNTY OF BERKSHIRE.

Whereas the inhabitants of the town of Richmont, in Preamble. the county of Berkshire, have petitioned this Court, setting