fenders. cate, which hath been altered or erased, knowing the same to have been altered or erased, and shall not discover such press, types, stamp, plate, instrument, paper, or altered or erased bill of credit or treasury note, or loan office certificate, to two justices of the peace before the last day of June, in this present year, one thousand seven hundred and seventy nine, or within five days after they shall have come to his possession. When the justices of a county in which any such felo- Proceedings ny as is before described shall be supposed to have against ofbeen done, shall have determined, upon examination, that the person charged therewith ought to be tried before the general court, the high sheriff, or if he be not able to attend, the coroner shall deliver to them a list of the names of thirty six good and lawful men, out of which, twenty four shall be stricken, one after another, the justices and the prisoner striking alternately, or if the prisoner refuse to strike, the justices striking only, and the remaining twelve men shall be summoned by the writ of venire facias for trial of the prisone:. When a justice of peace, before whom a person charged upon oath with any such felony as aforesaid, shall inform the governour that he hath cause to suspect that the offender, if he or she should be committed to the jail of the county in which the felony was done would be rescued (which information the justice is required to give in writing, with secrecy and despatch) or when a person shall be charged upon oath made before the governour with such felony, in either case, the governour, with advice of the council of state, inay by his warrant, empower and order so many men. as shall be judged sufficient to apprehend the person accused, and convey and commit him or her to any other jail, in which he or she shall be detained, and shall by another warrant direct the sheriff of that county in which the last mentioned jail is, to summon the justices thereof to meet at the courthouse before the end of twenty days afterwards; and thereupon the said justices shall proceed in the same manner as they might have proceeded if the fact alledged against the prisoner had been done in their own county. And if he or she be remanded, the clerk of the peace attending the said justices, shall, within twenty days afterwards, certify the same to the sheriff of the county in which the fact was done, or failing to do so, shall forfeit one lick treasurer, purporting to be a warrant of the governour, or other person exercising that function, or a certificate of the auditors for publick accounts to authorize the payment of money; or cause or procure such writing to be falsely made, forged, or counterfeited; or present such writing, or cause or procure it to be presented at the publick treasury, knowing it to have been falsely made, forged, or counterfeited, in' order to receive the money, or any part of the money therein mentioned; or shall falsely make, forge, or counterfeit, or aid or assist in falsely making, forging, or counterfeiting, a writing to be offered to the auditors for publick accounts as a voucher, in order to obtain their allowance of a demand, and certificate of such allowance; or cause or procure such writing to be falsely made, forged, or counterfeited, or offer such writing, or cause or procure it to be offered to the said auditors, knowing it to have been falsely made, forged, or counterfeited, in order to obtain their allowance and certificate aforesaid. And he or she shall be adjudged a felon and not have the benefit of clergy, who shall forge or counterfeit, alter or erase, any bill of credit or treasury note, or loan office certificate of the United States of America, or any or either of them; or shall cause or procure such bill of credit or treasury note or loan office certificate to be forged or counterfeited, altered or erased; or shall aid or assist in forging or counterfeiting, altering or erasing such bill of credit or treasury note, or loan office certificate; or shall pass or tender, or shall cause or procure to be passed or tendered any such bill of credit or treasury note, or loan office certificate in payment or exchange, knowing the same to have been forged or counterfeitHaving in ed, altered or erased; or shall have in his or her custopossession, dy or possession, any press, types, stamp, plate, or for forging other instrument necessary to be used in the fabricaor counter- tion of such bill of credit or treasury note,, or loan of feiting. fice certificate, and not actually used in some publick printing office; or any paper with or without signature, on which the characters, words, and numerical figures contained in a genuine bill of credit or treasury note, or loan office certificate, are or shall be impressed or inscribed in like order as they are in such bill of cres dit or treasury note, or loan office certificate, or any such bill of credit, treasury note, or loan office certifi- *Instruments fenders. cate, which hath been altered or erased, knowing the same to have been altered or erased, and shall not discover such press, types, stamp, plate, instrument, paper, or altered or erased bill of credit or treasury note, or loan office certificate, to two justices of the peace before the last day of June, in this present year, one thousand seven hundred and seventy nine, or within five days after they shall have come to his possession. When the justices of a county in which any such felo- Proceedings ny as is before described shall be supposed to have against ofbeen done, shall have determined, upon examination, that the person charged therewith ought to be tried before the general court, the high sheriff, or if he be not able to attend, the coroner shall deliver to them a list of the names of thirty six good and lawful men, out of which, twenty four shall be stricken, one after another, the justices and the prisoner striking alternate-ly, or if the prisoner refuse to strike, the justices striking only, and the remaining twelve men shall be summoned by the writ of venire facias for trial of the prisone: When a justice of peace, before whom a person charged upon oath with any such felony as aforesaid, shall inform the governour that he hath cause to suspect that the offender, if he or she should be committed to the jail of the county in which the felony was done would be rescued (which information the justice is required to give in writing, with secrecy and despatch) or when a person shall be charged upon oath made before the governour with such felony, in either case, the governour, with advice of the council of state, nay by his warrant, empower and order so many men, as shall be judged sufficient to apprehend the person accused, and convey and commit him or her to any other jail, in which he or she shall be detained, and shall by another warrant direct the sheriff of that county in which the last mentioned jail is, to summon the justices thereof to meet at the courthouse before the end of twenty days afterwards; and thereupon the said justices shall proceed in the same manner as they might have proceeded if the fact alledged against the prisoner had been done in their own county. And if he or she be remanded, the clerk of the peace attending the said justices, shall, within twenty days afterwards, certify the same to the sheriff of the county in which the fact was done, or failing to do so, shall forfeit one Persons suspected of having forg ed or coun terfeited notes, how apprehend ed. hundred pounds; and the same sheriff shall summón the justices of his county to meet at the courthouse thereof, within ten days after receipt of such certificate, and then deliver to them such list as aforesaid, out of which, twenty four shall be stricken, in manner before directed, any agent authorized by the prisoner, striking for him or her, or if no such appear, the justices striking only; and the remaining twelve shall be suminoned as jurors for trial of the prisoner, by writ of venire facias, to be issued by the clerk of the last mentioned county. Every juror summoned by virtue of any such writ of venire facias, who shall fail at the return thereof, and from that time until he be discharged, to attend the general court, shall forfeit one hundred pounds, unless the defaulter shew good cause to the contrary, having been summoned for that purpose. Any justice of the peace may, by his warrant, cause to be apprehended and brought before him, every such person travelling in the county of the said justice, as he shall suspect to carry forged bills of credit or trea→ sury notes, or loan office certificates, and search to be made in the wearing apparel and baggage of the said. traveller by force, if he or she expose them not volun Rewards forly. The governour, with advice of the council of Rewards for state, may offer rewards for apprehending those who, apprehend having been charged upon oath with any of the feloing. nies before described, shall have fled from justice, and may draw warrants for such rewards not exceeding one thousand pounds for any one fugitive, which shall be paid out of the publick treasury. The auditors shall grant certificates to all witnesses, veniremen, and Allowances sheriffs, for their attendance in criminal cases, and shall veniremen, allow them in such certificates two shillings per mile and sheriffs, for travelling, and four pounds per day for their at what, and to witnesses, how paid. tendance, besides ferriages (instead of the allowances. heretofore established by law) which the treasurer is directed to pay for their attendance at the general court, held in this present month, and to all others who may attend at future general courts after the passing this act. The certificate from the auditors to be grant ed upon testimonial from the clerk of the court at which the witnesses, veniremen, or sheriffs shall have attended. This act shall be in force until the first day of January, one thousand seven hundred and eighty one; and so much of the act of last session" For more effectually guarding against counterfeiting of the bills of credit, treasury notes, and loan office certificates,' and of every other act as is within the perview of, and inconsistent with this, is repealed. CHAP. XXV. p. 103.] An act for declaring and asserting Chan Bev the rights of this commonwealth, concerning purcahsing lands from Indian natives. commonwealth to ed. I. TO remove and prevent all doubt concerning Exclusive purchases of land from the Indian natives, Be it de-right of clared by the General Assembly, That this commonwealth hath the exclusive right of preemption from the purchase Indians of all lands within the limits of its own char-lands of Intered territory, as described by the act and constitu- dians assert. tion of government in the year one thousand seven hundred and seventy six; that no person or persons whatsoever have, or ever had, a right to purchase any lands within the same from any Indian nation, except only persons duly authorized to make such purchases on the publick account, formerly for the use and benefit of the colony, and lately of the commonwealth; and that such exclusive right of preemption will, and ought to be maintained by this commonwealth to the utmost of its power. II. And be it farther declared and enacted, That every purchase of lands heretofore made by, or on behalf of the crown of England or of Great Britain, from any Indian nation or nations within the before mentioned limits, doth and ought to enure for ever to and for the use and benefit of this commonwealth, and to and for no other use or purpose whatsoever; and that all sales and deeds which have been or shall be made by any Indian or Indians, or by any Indian nation or nations, VOL. X. N |