residing near or convenient to the place or places where ships, or other vessels usually ride, in such river or creek, to be overseers and directors of the delivery, and bringing on shore, from on board every ship or vessel within their respective districts, all ballast whatsoever, intended to be unladen or delivered; and the clerk of such court shall forthwith issue, and deliver to the sheriff of his county, an attested copy of every such nomination, and appointment, to be by him served upon every person and persons so appointed, or left at his, or their place of abode, of which the sheriff shall make due return; and thereupon every such person shall appear before the court next thereafter held for his county, and there make oath and swear, that he will, when required, diligently attend the delivery Their oath, of ballast from on board any ship or vessel within his and duty. district, and will not knowingly permit the same, or any part thereof, to be cast into the water, where navigable, but will direct, and to the best of his power, cause all such ballast to be brought and laid on shore, according to law, and that he will truly and faithfully execute his office, without favour, partiality, or malice: And if any person so nominated, and having notice Fine on refuthereof as aforesaid, unless hindered by sickness, or other legal disability, shall fail to appear before the said court, or being there shall refuse to be sworn, he shall be fined twenty pounds: And such court shall, In cases of upon every such failure, or refusal, or upon the death, death, refuremoval, or other legal disability, of any person ap- sal, &c. pointed and sworn as aforesaid, forthwith proceed to others to be nominate and appoint, from time to time, another in his room, who shall take the same oath, and upon failure or refusal, shall pay the like fine; which every such court respectively is hereby authorised and required to cause to be levid by the sheriff, and shall be by him accounted for and paid to the treasurer of this colony How the fine for the time being, to be applied towards the charge vied and apof clearing rivers, and creeks, or as the general as- plied. sembly shall think fit to direct.

sal to serve.

appointed.

shall be le

XIV. And be it further enacted, by the authority The officer's aforesaid, That every person so appointed and sworn, duty and fee. upon notice given him by the master of any ship or vessel, when he intends to discharge ballast, shall forthwith go on board and attend, till the same be delivered, which he shall see brought and laid on shore, at such convenient place or places near the vessel,

Penalty on failure.

And on masters of vessels discharging bal.

last contrary to this act.

Building materials excepted.

Penalty on suffering

dead bodies

where it may not obstruct`navigation, nor be washed into the channel; and thereupon shall give the master a certificate, that the ballast on board his vessel has been duly unladen and brought on shore, according to law; and for his attendance may demand and receive five shillings, for every day he shall attend as aforesaid, to be paid by the master before certificate given: And if any such officer shall neglect or fail to perform his duty, as by this act directed, he shall forfeit and pay twenty pounds for every neglect or failure.

XV. And be it further enacted by the authority aforesaid, That every master of a ship or vessel within this colony, having ballast to unlade, shall give notice thereof in writing, to some officer appointed in the district where the vessel rides, pursuant to this act, and appoint the time of such officer's attendance, and at the time of his clearing out, shall produce to the officer of the customs by whom he shall be cleared, a certificate of his having unladen and brought on shore his ballast, as by this act required; and if any such master shall presume to unload any ballast, before notice given as aforesaid, or cast, or suffer the same to be cast overboard, or shall land, or suffer the same to be put on shore, at any other place, or in any other manner, than shall be directed by the proper officer appointed, by virtue of this act, he shall forfeit and pay fifty pounds for every such offence: And if, at the time of his clearing out, he shall fail to produce and deliver to the officer of the customs, by whom he shall be cleared, such certificate as is herein before required, such failure shall amount to a conviction, and he shall be adjudged guilty of breach of this act, and liable to the said penalty of fifty pounds.

XVI. Provided always, That nothing herein contained shall be construed to prohibit or restrain the master of any ship or other vessel, bringing limestone, chalk, bricks, or stone for building, to lade or put the same on board any other vessel, in order to be carried or transported to any place he shall think fit; and the person appointed to see ballast unladed is hereby required to permit the same to be done, any thing in this act to the contrary, or seeming to the contrary, notwithstanding.

XVII. And whereas the masters of ships or vessels importing negroes, frequently cause such as die on board, to be cast into the water, to the great

annoyance of the adjacent inhabitants, Be it therefore to be cast infurther enacted by the authority aforesaid, That when to the water. any negroe, or other person whatsoever, shall die on board any ship or vessel, within this dominion, the master of such ship or vessel, shall cause the dead body to be brought on shore, and there buried, above high water mark, four feet deep at the least, upon penalty of forfeiting for his neglect herein, or suffering such dead body to be cast into the water, fifty pounds for every such offence: And that all forfeitures

and penalties arising by this act, and not before ap- How the pepropriated, shall be one moiety to the king, his heirs nalties shall and successors, to be paid to the treasurer, and ap be recoverplied to the uses last mentioned, the other moiety to ed and apthe informer, recoverable with costs, by action of debt plied. or information, in any court of record of this domi

nion.

XVIII. And be it further enacted by the authority Repealing aforesaid, That one act made in the fourth year of the clause. reign of Queen Anne, intituled, An Act for preventing frauds in the customs, and in clearing of ships; for ascertaining collectors and naval officers fees; and to prohibit and prevent the casting of ballast and dead bodies into rivers and creeks: And every other act and acts, clause and clauses, heretofore made for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed.

XIX. And be it further enacted, by the authority Commenceaforesaid, That this act shall commence and be in ment of this force, from and immediately after the tenth day of act. June, which shall be in the year of our Lord, one thousand seven hundred and fifty-one.

CHAP. XXXVII.

An Act to restrain the taking of excessive
Usury.

1. Whereas the high interest of money has been Preamble found in all countries where it lias prevailed, to im

5 per cent

declared the

est.

poverish the people, and a great discouragement to trade and industry.

11. Be it therefore enacted by the Lieutenant Govern. per annum, or, Council, and Burgesses of this present General Aslawful inter- sembly, and it is hereby enacted, by the authority of the sume, That no person or persons whatsoever, from and after the commencement of this act, upon any contract hereafter to be made, shall take directly or indirectly, for loan of any monies, wares, merchandizes, or other commodities whatsoever, above the value of five pounds, for the forbearance of one hundred pounds, for a year, and so after that rate, for a greater, or lesser sum, or for a longer or shorter All contracts time: And that all bonds, contracts, covenants, confor payment veyances, agreements, and assurances whatsoever, of a greater hereafter to be made, for payment of any principal, or money to be lent, or covenanted to be performed, upon or for any usury, whereby there shall be reserved or taken above the rate of five pounds in the hundred, as aforesaid, shall be utterly void.

rate, void.

of the sum lent.

Persons ta- lil. And that all and every person or persons whating more, forfeit dou- soever, which shall upon any contract to be hereafter ble the value made; take, accept, and receive, by way or means, of any corrupt bargain, loan, exchange, shift, or interest, of any monies, wares, merchandize, or other thing, or things, whatsoever, or by any deceitful Way or means, or by any covin, device, or deceitful conveyance, for the forbearing or giving day of payment, for one whole year, of and for their money, or other thing, above the sum of five pounds for the forbearing of one hundred pounds, for a year; and so after that rate, for a greater or lesser sum, or for a longer, or shorter time, shall forfeit and lose, for every such offence, the double value of the monies, wares, merchandizes, and other things so lent, bargained, exchanged, or shifted; one moiety thereof to our sovereign lord the king, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof, the other moiety to the person or persons who shall inform or sue for the same, by action of debt, or information, in any court of record of this colony, wherein the same shall be cognizable.

IV. And that all bonds, contracts, covenants, conveyances, agreements, and assurances whatsoever, had, made, or entered into at any time or times,

for more

before the tenth day of November, in the year of our In what casJord one thousand seven hundred and thirty four, and es contracts now subsisting, whereby any interest above the rate than lawful of six in the hundred, for a year, is or was agreed to interest shall be taken, or paid; and all such bonds, and other as- be void. surances whatsoever, as aforesaid, had, made, or entered into, at any time after the said tenth day of November, and before the time of the commencement of this act, and now subsisting, whereby any interest above five pounds in the hundred, for a year, is, or was agreed to be taken, or paid, shall be void and null, as to all interest, over and above the said several rates of six pounds, or five pounds in the hundred, for a year, as the case shall be, to be computed from the respective times of the first lending, or contract.

usurious con

V. And to the end people may not be oppressed How persons with the payment of exorbitant interest, for want of bound by proof of an usurious contract, which is always made tracts may in secret, and with such caution, that it can seldom be be relieved. detected in the ordinary course of evidence, Be it further enacted, by the authority aforesaid, That it shall and may be lawful for any borrower of money, hereafter to be lent, to exhibit a bill in the general court, or any county court of the said colony, against the lender, and to compel him to discover, upon his corporal oath, the principal money actually lent, and the contract made between them, for the payment of interest; and in such case, if it shall appear, that more than lawful interest was reserved, the lender shall be discharged from all the penalties of this act, but he shall lose, not only all such unlawful usury, but shall be obliged to accept the principal money, without any interest.

covered.

VI. And that in all cases hereafter, where judgment Where costs shall be recovered for any penalty, not exceeding ten shall be repounds current money, forfeited by virtue of this act, the plaintiff shall also recover his full costs: But no costs shall be allowed, where the penalty so recovered shall exceed the said sum.

Rates of bro

VII. And that all and every broker and brokers, kerage on sollicitor and solicitors, driver, and drivers of bar- loans. gains, for contracts, who shall at any time hereafter take or receive, directly or indirectly, any sum or sums of money, or other reward or thing, for brokage, soliciting or procuring the loan, or forbearing of any sum or sums of money, over and above the rate or value of five shillings, for the loan or for bearing of