in the year of our Lord, one thousand seven hundred and seventy six; and he that doth, shall pay unto the party grieved, the treble value of that he hath received, shall be amerced and imprisoned at the discretion of a jury, and shall be discharged from his office forever; and he who will sue in the said matter, shall have suit as well for the commonwealth as for himself, and the third part of the amercement.

From Rev. Bills of 1779, ch. LXXVI.

of those who

some meat or drink.

CHAP. LIII.

An act prescribing the punishment of those who sell unwholesome meat or drink.

BE it enacted by the General Assembly, That a Punishment butcher or other person that selleth the flesh of any sell unwhole animal dying otherwise than by slaughter, or slaugh tered when diseased, or a baker, brewer, distiller, or other person, who selleth unwholesome bread or drink, shall, on conviction by the verdict of a jury, the first time be amerced; the second time he shall suffer judgment of the pillory; and the third time he shall be imprisoned and make fine; and every time after he shall be adjudged to hard labour six months in the public works.

From Rev.

Bills of 1779,

CHAP. LIV.

ch. LXXXIV. An act for punishing disturbers of Religious Worship and Sabbath breakers.

Disturbers of

BE it enacted by the General Assembly, That no religious wor officer for any civil cause shall arrest any minister of ship and sab bath break religion licensed according to the rules of his sect, and

who shall have taken the oath or affirmation of fidelity ers, how punto the commonwealth, while such minister shall be ished. publicly preaching or performing religious worship in any church, chapel, meeting house, or other place of religious worship, on pain of imprisonment and amercement, at the discretion of a jury, and of making satisfaction to the party so arrested. And if any person shall on purpose malicionsly or contemptuously disquiet or disturb any congregation assembled in any church, chapel, meeting house, or other place of religious worship, or misuse any such minister being there, he may be put under restraint during religious worship, by any justice present, which justice, if present, or if none present, then any justice, before whom proof of the offence shall be made, may cause the offender to find two securities, to be bound by recognizance in a sufficient penalty for his good behaviour, and in default thereof shall commit him to prison, there to remain till the next court to be held for the same county; and upon conviction of the said offence before the said court, he shall be further punished by imprisonment and amercement, at the discretion of a jury. If any person on the sabbath day shall himself, be found la bouring at his own, or any other trade or calling, or shall employ his apprentices, servants or slaves in labour or other business, except it be in the ordinary househould offices of daily necessity, or other work of necessity or charity, he shall forfeit the sum of ten shillings for every such offence, deeming every apprentice, servant, or slave so employed, and every day he shall be so employed as constituting a distinct offence.

CHAP. LV.

An act against Usury.

From Rev. Bills of 1779,

c. LXXXVII.

BE it enacted by the General Assembly, That no Usury, what. person shall hereafter, upon any contract, take directly or indirectly, for loan of any money, wares, or merchandise, or other commodity, above the value of VOL. XII $ 2

Rate of legal

interest.

five pounds, for the forbearance of one hundred pounds for a year, and after that rate for a greater or lesser sum, or for a longer or shorter time; and all bonds, contracts, covenants, conveyances, or assurances hereafter to be made, for payment or delivery of any money, or goods, so to be lent, on which a higher interest is reserved or taken, than is hereby allowed, Effect of, and shall be utterly void. If any person shall, by any way remedy. or means of any corrupt bargain, loan, exchange, shift, covin, device, or deceit, take, accept or receive, for the loan of, or giving day of payment for money, wares, merchandise, or other commodity, above the rate of five pounds for one hundred pounds for one year, every person so offending, shall forfeit double the value of the money, wares, merchandise, or commodity so lent, exchanged, or shifted; one moiety to the use of the commonwealth, and the other to the informer, to be recovered with costs. Any borrower of money, or goods, may exhibit a bill in chancery against the lender, and compel him to discover upon oath, the money or thing really lent; and all bargains, contracts, or shifts which shall have passed between them, relative to such loan, or the repayment thereof, and the interest or consideration for the same; and if thereupon, it shall appear, that more than lawful interest was reserved, the lender shall be obliged to accept his principal money, without any interest, or other consideration, and pay costs, but shall be discharged Brokerage. of all other penalties of this act. Every broker, solicitor, or driver of bargains, who shall hereafter directly or indirectly, take or receive more than the rate or value of five shillings, for brokerage, or soliciting the loan or forbearance of one hundred pounds for a year, or above one shilling for making or receiving the bond or bill, for such loan or forbearance, or for any counter-bond or bill, concerning the same, shall forfeit for every offence, twenty pounds to the commonwealth and informer, to be recovered and divided, as herein before is mentioned.

CHAP. LVI.

An act for licensing counsel allornies at law and proctors.

From Rev. Bills of 1779, ch. XCVII.

Counsel, at

tornies at
law and proc-

ters, how

BE it enacted by the General Assembly, That no person, except the attorney general, shall be permitted by any court to practice therein as a counsel, attorney at law, or proctor, unless he shall heretofore have licensed. obtained a license, in the manner prescribed by the law then in force, or until he shall obtain a license in writing from three of those, who shall be at that time, judges of the high court of chancery, or general court; which license, if he produce to them a certificate from the court of that county wherein his usual abode shall have been during twelve months next preceding, that he is a person of honest demeanor, such three judges are empowered and required to grant, under their hands and seals, if, after examination, it be their opinion, that he is duly qualified. Every counsel, attorney, and proctor, before he shall practice, shall in some court of record, give assurance of fidelity to the commonwealth, and moreover in such court, if he shall thereafter obtain a license, shall take the oath following: "I do swear that I will honestly demean myself in the practice of a counsel, attorney, or proctor, and will execute my office according to the best of my knowledge and ability." A person, who shall have been convicted of treason, felony, forgery, or wilful and corrupt perjury, shall not be suffered to practice

Oath of.

in any court, as a counsel, attorney, or proctor. If How suspend the general court, from their own observation, detect ed for matany mal-practice in a counsel, or attorney of that practice. court, or if a complaint in writing be made to them, of such mal-practice in the said court, or in the court of a county, city, or borough, the party accused sha!! be summoned to shew cause why an information should not be filed against him; and if such information be ordered, and he be found guilty, of the matter therein charged, the said general court may either suspend his license, during a certain time, or vacate it altogether, as they shall think him to have deserved. And the high court of chancery and court of admiralty,

upon the like detection or complaint of mal-practice in those courts respectively, shall proceed in the same manner against a counsel, attorney, or proctor, and may inflict the same punishment upon the offender.— No counsel, or attorney at law, practising in a court of a county, city, or borough, shall be permitted by the judges, to practice the same profession in the high court of chancery or general court.

CHAP. LVII.

From Rev,

ch. CIII.

Bills of 1779, An act directing the method of proceeding against and trying free persons charged with certain

Criminals,pro ceedings a gainst.

or court of examination.

Offence com.

crimes.

1. BE it enacted by the General Assembly, That any free person brought before a justice of the peace of a county or corporation, and by the testimony of another free person, charged with treason or felony, done in such county or corporation, shall be committed to jail by warrant of such justice, who shall, by his precept, Called court, order the sheriff to summon the other justices to meet in the court house, at an appointed time, not more than ten, nor less than five days after the commitment; and shall take the recognizance of witnesses to appear before the said justices, at that time and place. If the of mitted in an- fence shall have been done in another county, the jusother county, tice shall, by his warrant, cause the prisoner to be put into the custody of a sheriff, to be by him conveyed to the county or corporation where the offence was committed; every one of which sheriffs whilst he shall officiate in execution of this act, may impress so many men, horses, and boats, as shall be necessary for the safeguard and conveyance of the prisoner, into such other county, and there brought before some justice thereof, who shall proceed in like manner, as if the offender had been brought before him in the first instance; and the sheriff who shall be charged with the removal of a criminal from one county to another, shall be allowed