Officers or overseer conniving escapes. victs then in his custody, on penalty of forfeiture of such sum as shall be set upon him by the said Court, not exceeding the sum of Thirty pounds. And be it further enacted, That if the commanding offiat or permiting cer or other officer of that garrison, or overseer by them appointed, shall connive at, negligently or voluntarily suffer or permit any escape of any of those convicts from their confinement, during the term they are sentenced to hard labour, and be thereof convicted at the Supreme Judicial Court, he shall be adjudged incapable of sustaining any office under this government, and be fined not exceeding One hundred pounds, and be imprisoned not exceeding twelve months, all or any of those punishments, according to the nature and aggravation of his offence. Penalty. Non-commissioned officers or privates conniving at escapes. Punishment. Issuing commissary to allow one ration per day. up convicts who escape. any And be it further enacted, That if any non-commissioned officer or private soldier shall connive at, negligently or voluntarily suffer or permit any escape of of those convicts from their confinement, during the term they are sentenced to hard labor, he shall suffer such punishment as is provided in case of desertion, according to the discretion of the court martial before whom he shall be tried. And be it further enacted, That the issuing commissary at the said garrison shall deliver over to the said overseer one ration a day for each of those convicts. And further, Persons taking that any person who shall take up any of those convicts who shall escape before their term is expired, from that garrison, and return him or them to the commanding officer thereof, shall receive reasonable pay for all his time and expences, and also a bounty of forty shillings, by warrant from the Governor, with advice of Council, on the Treasurer of this Commonwealth. Bounty. Convicts, how cloathed. And to the end such convicts may be fully known, and to prevent any person from purchasing their cloathing: Be it further enacted, That each of those convicts who shall be sentenced to such confinement for twelve months, or more, before he is carried on to the said island, shall receive of the Commissary General, a coat, jacket and breeches, as a badge of infamy, in lieu of his old ones, and as often thereafter as it shall be adjudged necessary by the commander of the garrison, each of which shall be made half of cloth of one color, and the other half of cloth of a distinct different color; and the said convict shall not be allowed to wear any other coat, jacket or breeches, during the term of his confinement there; and at the expiration of the said term, where such confinement is for twelve months, or any term of years, he shall leave the cloathing received as aforesaid, with the Commissary General, who shall return to him his former cloathing again. exchanging, disposing of And be it further enacted, That if any convict shall at Punishment for any time exchange the cloathing received as aforesaid, or destroying or shall destroy or dispose of the same, he shall be liable to cloathing. such corporal punishment as the said commander shall order, not extending to life or member, and if any person shall buy or receive of any such convict his said cloathing, or any part thereof, and be thereof convicted in the Supreme Judicial Court, or Court of General Sessions of the Peace, such offender shall be sentenced to pay a fine of ten pounds, and if he or she shall be unable to pay the same, such person shall be sentenced to hard labour on the same island, for a space of time not exceeding six months, and shall be liable to all the punishments and discipline as the person was from whom he shall receive the same. victed of assist евсаре. And be it further enacted, That if any person shall assist Persons conany such convict to escape from the said island, or shall ing convicts to harbour, conceal or receive any such convict, or yield him escape. any comfort or assistance, knowing him to be such, the person so offending being thereof duly convicted in either of the Courts aforesaid, shall, at the discretion of the Punishment. Court before whom the conviction may be, pay a fine not exceeding the sum of Fifty pounds; and if he or she shall be unable to pay the said fine, such person shall be sentenced to serve on the said island in manner aforesaid, and under the regulations and discipline of the garrison, as before mentioned. sentenced to the garrison Provided always, and be it enacted by the authority aforesaid, That no female shall be sentenced to confine- No female to be ment in the garrison aforesaid, until some meet and suit- confinement in able place shall be provided, to keep them separate from until. the male convicts to be there confined, until which time. all females convicted of any of the offences for which confinement shall be directed as the punishment, in whole or in part, the Court before whom the conviction may be, shall substitute such other corporal or infamous punishment as shall in their opinion appear just and reasonable, according to the nature and aggravation of the offences: Provided, that no punishments shall be inflicted but such as have been known and accustomed at common law. March 14, 1785. 1784.- Chapter 64. [January Session, ch. 30.] Chap. 64 AN ACT EMPOWERING THE SELECTMEN OF SUCH TOWNS IN THIS COMMONWEALTH AS ARE ALREADY, OR MAY HERE- Whereas it is of great importance to the preservation of life and property, that provision be made to extinguish fires; and the method of selecting suitable persons for the purpose of keeping in repair and working fire engines in such towns as are provided therewith, hath been productive of good consequences: Be it therefore enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That the Selectmen of such towns. in this Commonwealth as are provided with a fire engine or engines, or who may in future be provided with a fire engine or engines, be, and they are, hereby empowered, if they shall judge it expedient, to nominate and appoint a number of suitable persons for engine men as soon as may be, after the passing of this act, and ever after in the month of January, annually, not exceeding eighteen to any one engine, which engine men who may be nominated and appointed in manner aforesaid, be, and they are, hereby authorized and empowered to meet together sometime in the month of May, annually, for the purpose of chusing a master or director of the said engine, and establishing such rules and regulations for the well ordering of the said company, as the Selectmen of such town shall judge necessary and approve; provided, the same be not repugnant to the constitution and laws of this Commonwealth. And be it enacted by the authority aforesaid, That the respective companies of engine men, who may be nominated and appointed in pursuance of this act, shall be held and obliged to meet together once at least in each month, and oftener if necessary, for the purpose of examining the state of the engine to which they belong, and the appendages belonging to the same, and seeing that the said engine is in good repair, and ready to proceed on any emergency to the relief of any part of the community who may be invaded by the calamity of fire; and the said engine men appointed as aforesaid, shall be held and obliged to go forward, either by night or by day, and use their best endeavours to extinguish any fire that may happen in the same town, or the vicinity thereof, (under the direction of the fire wards in the same town) as shall come to their knowledge, without delay. military duty. Be it enacted by the authority aforesaid, That the per- Excused from sons who may be nominated and appointed engine men, in pursuance of this act, shall be, and they are, hereby excused from all military duty. gent and remiss Be it enacted by the authority aforesaid, That if any Persons negli person who being nominated and appointed in manner in duties, to be hereinbefore directed, shall be negligent and remiss in displaced. the duties required of him by this act, except sickness or any other disability shall prevent him therefrom, it shall be the duty of the Selectmen in the same town, upon sufficient evidence thereof, to strike his name from such list, and proceed to appoint another person as an engine man in his room, in the same manner as they are herein before empowered to do in the month of January, annually. March 15, 1785. 1784.- Chapter 65. [January Session, ch. 31.] AN ACT AGAINST ACCESSARIES TO CRIMES AND FELONIOUS Chap. 65 ASSAULTERS. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of ing persons in murder, the same, That if any person shall aid, assist, abet, coun- Punishment for sel, hire, command or procure any person to commit the aiding, & assistcrime of murder or rape, sodomy, arson, robbery or burg- committing. lary, he is, and shall be considered as an accessary before the fact to the principal offender or offenders, and being thereof convicted, shall suffer the like punishment as is by law assigned for the crime to the commission of which he shall be so accessary. And be it further enacted by the authority aforesaid, That whosoever shall knowingly receive, harbour, con- Punishment for ceal, maintain, assist, or relieve any person or persons concealing such who have committed any of the crimes beforenamed, he criminals. harbouring or felonious as saulters. is, and shall be considered as an accessary after the fact, and being convicted thereof, he shall be punished by setting on the gallows the space of one hour, with a rope about his neck, and the other end thereof thrown over the gallows, by fine, imprisonment, by setting in the pillory, by confinement to hard labour, and binding to the good behaviour, or to one or more of these punishments, according to the nature and aggravation of the offence. And be it further enacted by the authority aforesaid, Punishment for That whosoever shall make an assault with an intent to commit murder, rape or sodomy, and be thereof convicted, shall be sentenced to be set on the gallows with a rope about his or her neck, and the other end thereof cast over the gallows, to be set in the pillory at one or more times or places, not exceeding three, to be whipped not exceeding thirty-nine stripes, be fined, suffer imprisonment, and binding to the good behaviour, or to any one or more of these punishments, according to the nature and aggravation of the offence. March 15, 1785. theft. 1784. Chapter 66. [January Session, ch. 33.] Chap. 66 AN ACT FOR THE PUNISHING AND PREVENTING OF LARCENIES. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the Punishment for same, That whoever shall feloniously steal any money, goods or chattels, any note of the Treasurer of this Commonwealth for the payment of money, any note or certificate of any bank or any public office, securing the payment of money to any person, or certifying that the same is due, any order entitling any person to money, any bill of exchange, bond, obligation, warrant, bill, or promissory note of hand for the payment of money or any valuable property, any record of process belonging to any Court of Justice, or to any public office, any book of account, receipts of money, or other article paid or delivered, adjustments and documents of any kind relating to the payment of money or other article, any indenture of apprenticeship, deed, covenant, indenture or assurance respecting any property, real or personal, and be thereof convicted, every such offender shall be punished by fine or whipping, in the discretion of the Court before whom |