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Full text of "Acts and resolves passed by the General Court"

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PRESENTED BY 



TO 



OLIVER WARNER, 

Secretary of the Common-wealth. 

ELLIS AMES, 
A. C. GOODELL, 

Commissioners. 



1 



THE ^ 3 

ACTS AND RESOLYES, 

PUBLIC AND PRIVATE, 



Province of the Massachusetts Bay-. 



TO WHICH ARE PREFIXED 



THE CHAETEES OF THE PEOVINCE. 



HISTORICAL AND EXPLANATORY NOTES, AND AN APPENDIX. 



Published under Chapter 87 of the Resolves op the General Court 
OF THE Commonwealth for the Year 1867. 



YOLUME II. 



BOSTON: 

■WRIGHT & POTTER, PRINTERS TO THE STATE, 

Corner of Milk and Fedeual Streets. 

1874. 



V 



ACTS, 
Passed 171 5 — 1 6. 



t3J 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Twenty-fifth day of May, A.D. 17 15. 



CHAPTEE 1. 

AN ACT AGAINST BURGLARY. 

Whereas, notwithstanding the laws ah-eady made for the punishing 1692.3, chap, is, 
of criminal offenders, many persons of late have been so hardy as to § *• 
break open in the night the dwelling-houses of several of his majesty's 
good subjects, and have not only stolen then* goods, but put them in 
fear and danger of their lives, — 

Be it therefore enacted by the Governour, Council and Representatives 
in General Court assembled, and by the authority of the same, 

That if any person or persons shall hereafter, in the night-time, 
break and enter into any dwelling-house then inhabited, with a feloni- 
ous intent to rob or kill, or to do some other felonj', he or they so 
offending, and being thereof convicted, shall be adjudged to suffer the 
pains of death ; any former law, usage or custom to the contrary not- 
withstanding. [Passed June 14. 



CHAPTEE 2. 

AN ACT FOR ALTERING THE TIME FOR HOLDING THE COURT OF GEN- 
ERAL SESSIONS OF THE PEACE, AND INFERIOUR COURT OF COMMON 
PLEAS, WITHIN THE COUNTY OF BARNSTABLE. 

Whereas the times by law appointed for holding the court of general 1699.1700, chap, 
sessions of the peace, and inferiour court of common pleas at Barn- jelg^iioo chap, 
stable, for the county of Barnstable, on the first Tuesday in October, 2, § 2. 
January and April, 3-early, are found inconvenient by reason of some 
other courts held within this province at the same times ; for remedy 
whereof, — 

Be it enacted by His Excellency the Governour, Council and Representa- 
tives in General Court assembled, and by the authority of the same, 

That the said court of general sessions of the peace, and court of 
common pleas, appointed to be held at Barnstable, for the county of 
Barnstable, upon the first Tuesday of October, January and April, be 
henceforth holden and kept at Barnstable aforesaid on the third Tues- 
day of October, January and April, annually*; any law, usage or cus- 
tom[e] to the contrary notwithstanding. \_Fassed June 14. 

[5] 



6 Province Laws.— 1715-16. [Chap. 3.] 



CHAPTEE 3. 

AN ACT FOR THE BETTER PRESERVING, INCREASING AND SECURING 
NAVAL STORES (PARTICULARLY TAR, TURPENTINE AND ROZIN) 
WITHIN THIS PROVINCE. 

Whereas there has been great waste and stroy made of pine trees, 
and other timber, within this province ; for prevention whereof, — , 

Be it enacted by His Excellency the Governour, Council ayid Representa- 
tives in General Court assembled, ayid by the authority of the same, 
see^694-5. That, from and after the publication of tliis act, no person or persons 

may presume to cut or carry off any tree, trees or timber, bark[e] or 
box any pine tree or trees for the drawing of turpentine, standing upon 
any of the lands belonging to this province, proprieties, townships or 
particular persons, without leave or licence first had and obtained from 
the owner or owners thereof, on pain of forfeiting and paying the sum 
of twenty shillings for every tree so cut or removed, barked or boxed ; 
and the turpentine drawn from them, when found either in the trees 
aforesaid, barrel[l]s, or other vessel[l]s lying upon the said lands, to 
be alike forfeited : one moiety thereof to the respective owners of the 
said land and trees, the other moiety to be to him or them that shall 
inform or sue for the same before any justice of the peace in the county 
where the offence is committed, if the forfeiture exceed not forty shil- 
lings, but if above that value, in any of his majesty's courts of record 
within this province. \Passed June 21. 



chap. 14. 



[2d Sess.] Province Laws. — 1715-16. 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Twentieth day of July, A.D. 17 15. 



CHAPTEE 4. 

AN ACT FOR BUILDING AND MAINTAINING A LIGHTHOUSE UPON THE 
GREAT BREWSTER (CALLED BEACON ISLAND) AT THE ENTRANCE OF 
THE HARBOUR OF BOSTON. 

Whereas the want of a lighthouse at the entrance of the harbour of 
Boston hath been a great discouragement to navigation by the loss of 
the lives and estates of several of his majestie's subjects ; for preven- 
tion whereof, — 

Be it enacted by His Excellency the Governoitr, Council and Representa- 
tives in Genercd Court assembled, and by the authority of the same, 

[Sect. 1.] That there be a lighthouse erected at the charge of the 
l^rovince, on the southermost part of the Great Brewster, called Beacon 
Island, to be kept lighted from sun-setting to sun-rising. 

[Sect. 2.] That from and after the building of the said lighthovise, Duty to be paid, 
and kindling a light in it, useful [1] for shipi)ing coming into or going 
out of the harbour of Boston, or any other harbour within the Massa- 
chusetts Bay, there shall be paid to the receiver of impost, by the mas- 
ter of all ships and vessel [l]s, except coasters, the duty of one penny 
per tun, inwards, and also one penny per tun, outwards, and no more, 
for every tun of the burthen of the said vessel [1], before they load or 
unl[oad][ade] the goods therein. 

[Sect. 3.] And that all vessel [l]s having two decks shall be meas- Measure of 
ured upon the main deck, from the stem to the stern-post, then subduct- '^'esseis. 
ing the breadth from outside to outside atliAvart the main beam, the 
remainder to be accounted her length by the k[e][i]cl, which being 1697, chap. 3, 
multiplyed by the breadth afores[oi]d, and the product thereof multi- §i5. 
plyed by one-half of the said breadth as the depth of the hold, and the 
whole product divided by one hundred, the quotient shall be accounted 
the tun [n] age of said ship or vessel [1] ; and all ships or other vessels 
having a single deck or deck-and-half to be measured in the same man- 
ner (except the depth in [the] hold) which shall be from the underside 
of the main beam to the c[/e][ei]ling. 

[Sect. 4.] That none shall be accounted coasters by this act, but Coasters, who. 
such who import only provisions, tar, pitch, turpentine or lumber, whose 
owners belong to this province, or the provinces or colon [^■e][y]s of 
Rhode Island, Connecticut, New York, Jerseys, Pensylvania, Mary- 
land, Virginia, North Carolina and Nova Scotia, and that are bona fide 
bound to some of the forementioned governments ; all such coasters to 
pay only two shillings each time they clear out. 

[Sect. 5.] That all fishing vessel [l]s, wood-sloops, &c., imploj^'d 
in bringing of fish, wood, stones, sand, lime or lumber, from any of the 



8 



Province Laws. — 1715-16. 



[Chap. 5.] 



Duties how to 
be recovered. 



Commissioner 
to attend at. 
certain hours. 



Naval oflBcer 
not to clear un- 
til, &c. 



Keeper of the 
lighthouse 
carefully to at- 
tend his duty. 



Penalty. 



parts within this province, coming into said harbour of Boston, &c., 
pay five shillings at their first coming in or going out, and no further 
payment to be demanded of them by the space of one year next fol- 
lowing. 

[Sect. 6.] And the commissioner or receiver of impost is herebj'' 
impowred by himself or deput[?'e][y']s, by him to be appointed, to 
collect and receive the several dut[te][y]s aforesaid; to sue for and 
recover the same by action of debt in the inferiour court of common 
pleas, in the county where said vessel [1] loads or unloads, wherein no 
essoi[(jr]n or wager of law shall be allowed, nor more than one imparl- 
ance ; and where the sum does not exceed forty shillings, before one 
single justice of the peace. 

[Sect. 7.] And the commissioner of [the] impost, or deputy, shall 
attend at his office at certain hours de die in diem, for entring ships 
and vessel [l]s, and to give certificate of paj'ing the duty thereof to the 
naval officer, for which he shall demand and receive sixpence, and no 
more. 

[Sect. 8.] And no ships or vessels shall be cleared by the naval 
officer, until such certificate be produced that the duty of the lighthouse 
be paid ; and the ship, with master, shall be charged with the duty 
thereof, till paid to the commissioner of impost. 

And be it further enacted by the anthority afores\_ai'\d, 

[Sect. 9.] That the person who shall be appointed from time to time, 
by the general court or assembly, to be the keeper of the sa[id][me] 
lighthouse shall carefully and diligently attend his dutj^ at all times in 
kindling the lights, from svin-s[e][ijtting to sun-rising, and placing 
them so as they may be most seen by vessel [l]s coming in or going 
out ; and upon conviction of neglect of his ckn;y, before the court of 
general sessions of the peace within the county, shall be l[<'][j"]able to 
be fined, according to the degree and circumstance [.s] of his offence, 
not exceeding one hundred pounds, two-thirds thereof to be to his 
majesty, to and for the support of the government of this his majes- 
t[ie][y']s province, and the other third part thereol" to the person or 
persons th:it shall inform of such neglect ; to be recovered by bill, 
plaint or information in any of his majesty's courts of record within 
this province. \_Passed July 23. 



CHAPTEK 5. 



1697, chap. 21, 
§§ 1 and 5. 



AN ACT FOR THE MORE SAFE KEEPING THE REGISTRY OF DEEDS AND 

CONV[i;][A]YANCES OF LANDS. 

Whereas the registring of deeds and conv[e][a]3^ances of lands 
hath, for a long time past, proved very beneficial upon many ac- 
co[»?^i][mp]ts, — 

Be it therefore enacted by His Excellency the Governotcr, Council and 
Representatives in Geiiercd Court assembled, and by the aidhority of the 
same, 

[Sect. 1.] That for the more safe and convenient keeping the 
registry of deeds and conv[e][a]yances as aforesaid, there shall be 
chosen in each county within this province, some discreet, suitable per- 
son, having a freehold within the same to the value at least of ten 
pounds per annum, to be register in such county, who shall be chosen 
by the Azotes of the freeholders of each respective town, at their meet- 
ing in March next, by the same rule and method as bj^ law is prescribed 
for the choosing of county treasurers. 

[Sect. 2.] And the person so chosen and accepting thereof, being 



[2d Sess.] Province Laws. — 1715-16. 9 

first sworn [e] before the superiour or inferiour court, or two justices 
within the count}', quonim lams, shall be and continue in the aforesaid 
office five years, unless removed or displaced by order of the court of 
general sessions of the peace in such county, for misdemeanour or fail- 
ure in his duty ; the said officer to give bond to the value of five hun- 
dred pounds, with two sureties for the faithful discharge of his trust. 

[Sect. 3.] And in case of non-acceptance, death or removal of any 
such person so elected, two or more of his majest[/e][y]s justices with- 
in such county, quorum unus, are hereby impowred to grant out their 
warrants directed to the selectmen of the several towns within such 
county, ordering them forthwith to convene the freeholders of their 
respective towns and proceed to the choice of some other meet per- 
son ; the votes to be brought in as aforesaid. 

[Sect. 4.] And that there shall be a publick office in the shire town 
of each county within this province, for registring of deeds and con- 
v[c][a]yances as aforesaid. 

[Sect. 5.] And that the fees for registring shall be the same as is i697, chap. 21, 
therefor already by law established ; any law, usage or custom to the ^ ^' 
contrar}^ notwithstanding. {^Passed July 26. 



CHAPTER 6. 

AN ACT IN ADDITION TO AN ACT FOR REGULATING FEES. 

Whereas, in the aforesaid act, there is not mention made of the fees 1692.3, chap. 37. 
to be taken for many things which may from time to time be ent[e]red, 1*|^' ^^^^- '^' 
recorded, registredVind copied, either in the secretary, or clerks' offices, 
of the several courts within this province, — 

'Be it therefore enacted by His Excellency the Governour. Conncil and 
Rejjresentatives in Genercd Court assembled, and by the authority of 
the same, 

That no officer whatsoever shall ask[e], demand and take any more 
than twelvepence a page, each page containing twenty-eight lines, 
eight words in a line, and so proportionable, for the entring, recording, 
registring and copying all and every matter, and thing whatsoever, 
on pain of forfeiting and paying the like sum of ten pounds, as by the 
aforesaid law is provided. \^Fassed July 26. 



CHAPTER 7. 

AN ACT IN ADDITION TO AN ACT OF LIMITATION FOR QUIETING OF 

POSSESSIONS. 

Whereas the limitation of time for the continuance of possession by 1697, chap. 22. 
the aforesaid act, did not extend or was understood to extend unto any 
houses or lands lying to the eastward of Piscataqua River, or in other 
the frontiers referr[p]d to in said act ; but a further time was enlarged 
and lengthened out for the space of five years next after the ending of 
the war with the Indians, during which space all persons might pursue 
their right and claim to any houses and lands lying in those parts ; and 
forasmuch as, since the enacting the aforesaid law, the peace was made 
and concluded with the said Indians in the tenth year of the reign of 
his late majesty King William ; notwithstanding which, the aforesaid 
2 



10 Province Laws.— 1715-16. [Cilvp. 8.] 

Indians broke out again into open war and rebellion, in the second j'ear 
of her late majesty's reign, and continued the same until the last j-ear ; 
by reason of which ruptures persons could not, without great hazard and 
difficult}^, pursue their right and claim[e] to houses and lands lying to 
the eastward of Piscataqua River, or in other the aforesaid frontiers ; 
and inasmuch as the setling of the eastern parts and frontiers will be 
of great benefit to this province, the accomplishment whereof will be 
very much retarded and hindred unless persons can be secured in then* 
purchases and possessions, — 

Be it therefore enacted by His Excellency the Governour, Council and 
Representatives in General Court assembled, and by the authority of 
the same, 

[Sect. 1.] That there shall be a further time of five j^ears from the 
last of this instant July, one thousand seven hundred and fifteen, allowed 
all persons to pursue their right and claim to any houses and lands in 
those parts and places, and every of them, and no longer ; and all 
actions and processes to be thereafter brought for the same are hereb}^ 
excluded and for ever debarred : provided, always, that there shall be a 
saving of all publick lands belonging to this province not orderly dis- 
posed of: provided, also, that this act shall not be understood to bar the 
title of any infant, feme covert, or person non compos mentis, imprisoned 
or in captivity ; who shall be allowed the term of five years next after 
such imperfectio.n removed, to pursue their claim or challenge to any 
houses or lands wherein they have interest or title. 

[Sect. 2. J And the time of five years shall be allowed to persons 
having an estate in rever[.s?'o][co]n in any houses or lauds, from the 
time such rever[s;'o][co]n falls, to recover their right. 

[Sect. 3.] Aiid persons beyond sea shall be allowed the term often 
years from the publication of this act, to pursue their claim and chal- ' 
leuge to any houses or lands as aforesaid. [^Passed July 28. 



CHAPTEE 8. 



AN ACT FOR GRANTING UNTO HIS MAJESTY SEVERAL RATES AND DUTYS 
OF IMPOST AND TUNNAGE OF SHIPPING. 

We, his majesty's loyal and dutifull subjects, the representatives of 
this his majesty's province of the Massachusetts Ba}', in New England, 
taking into consideration the necessity of granting a supply of money 
for the defreyiug the growing charges for support of the governmeiU 
within this his majesty's province ; for discharge and pa3'ment of the 
debts already due from the province, and the subsisting and paying of 
wages to souldiers imployed in his majesty's service at the castle and 
forts within this province ; for payment of the salaries and allowances to 
the oflflcers imploj'ed in and about the execution of this act ; and such 
other salaries, gratuities and allowances as have been or shall be made 
and granted b}' the general assembly, or directed by any act thereof to 
be made out of the province treasury ; have cheerfully and unani- 
mously given and granted, and do hereby giA^e and grant, unto his most 
excellent majesty, to the ends, uses and intents aforesaid, the several 
dutys of impost upon wines, liquors, goods, wares and merchandizes 
that shall be imported into this province, and tunnnge of shipping, 
hereinafter mentioned and expressed ; and pray that it may be 
enacted, — . 



[2d Sess.] Province Laws. — 1715-16. 11 

And he it accordingly enacted hy his Excellency the Governour, Coun- 
cil and Representatives in General Court assembled, and hy the authority 
of the same, 

[Sect. 1.] That from and after the publication of this act there 
shall be paid by the importer of all wines, liquors, goods, wares and 
merchandizes that shall be imported into this province from the place of 
their growth (salt, cotton-wool, provisions and every other thing of the 
growth and produce of Kew England excepted), the several rates and 
dutys of impost following : — ; 

For everj^ pipe of common wine of the Western Islands, fifteen shil- 
lings. 

For every pipe of Canary or Malago, twenty-five shillings. 

For every pipe of Madera or Passado, twenty shillings. 

For every pipe of port wine or other sorts not mentioned, fifteen 
shillings. 

For every hogshead of rhum, containing one' hundred gallons, the 
sum of fifteen shillings. ^ 

For every gallon of rhum or other spirits distilled, the sum of one 
penny pr. gallon. 

For every hundred pound sterling in English merchandize, prime cost, 
twenty shillings. 

For every hogshead of sugar, two shillings. 

For every hogshead of molasses, one shilling. 

For every hogshead of tobacco, two shillings and sixpence. 

For every tun of logwood, three shillings. 

And so proportionably, for greater or lesser quantitys, for all other 
coihodities, goods or merchandize not mentioned nor excepted, one 
penny for every twenty shillings value. 

[Sect. 2.] And for any of the above wines, liquors, goods, wares, 
merchandizes, &™' that shall be imported into this province from any 
other ports than the places of their growth and produce, there shall be 
paid by the importer double the value of impost appointed by this act 
to be received for every species above mentioned, unless they do, ho7ia 
fide, belong to the inhabitants of this produce, and came upon their 
risque from the port of their growth. 

And be it further enacted by the authority aforesaid, 

[Sect. 3.] That all the aforesaid imposts, rates and dutys shall be 
paid in currant money, or in the bills of credit of this province, by the 
importer of any wines, liquors, goods or merchandizes, unto the commis- 
sioner and receiver to be appointed, as is hereinafter directed, for en- 
tring and receiving of the same, at or before the landing of any wines, 
liquors, goods or merchandizes. And all entries where the impost or 
duty to be paid doth not exceed four shillings, shall be made without 
charge to the importer ; and not more than sixpence to be paid for any 
other single entry to what Aalue soever. 

And be it further enacted by the authority aforesaid, 

[Sect. 4.] That all masters of ships or other vessels coming into 
any harbour or port within this province from beyond sea, or from any 
other province or colony, before bulk be broken and within twenty- 
four hours after his arrival in such harbour or port, shall make a report 
to the commissioner or receiver of the impost, to be appointed as here- 
after mentioned, of the contents of the loading of such ship or vessel, 
without any charge or fee to be demanded or paid for the same ; which 
report such master shall give in to the said commissioner or receiver, 
under his hand, and shall therein set down and express the quantities 
and species of the wines, liquors, goods and merchandizes laden on such 
ship or vessell, with the marks and numbers thereof, and to whome the 



12 Province Laws.— 1715-16. [Chap. 8.] 

same is consigned, and also make oath that the said report or manifest 
of the contents of his loading, so to be by him given in nnder his hand 
as aforesaid, contains a just and true accompt, to the best of his knowl- 
edge, of the whole ladeing taken on board and imported in said vessel 
from the port or ports such vessel came from, and that he hath not 
broken bulk nor delivered any of the wines, rhum or other distill'd 
liquors, loaden on said ship or vessel, directly or indirectly, and that if 
he shall know of any more wines, liquors, goods or merchandizes to be 
imported therein before the landing thereof, he will cause it to be 
added to his manifest, which oath the commissioner or receiver is 
hereb}^ impowred to administer ; after which such master may unload 
and not before, on pain of one hundred pounds, to be forfeited and 
paid by each master that shall neglect his duty in this behalfe. 
And be it further enacted by the atithority aforesaid, 
[Sect. 5.] That all merchants, factors or other persons, importers, 
being owners of, or having any of the wines, liquors, goods, wares or 
merchandizes consigned to them, that by this act are liable to pay im- 
post or duty, shall, by themselves or order, make entry thereof in writ- 
ing under their hands, with the said commissioner or receiver, and pro- 
duce unto him the original invoice thereof, and pay the duty and impost 
by this act required, before such wines, liquors, goods, wares or mer- 
chandizes be landed or taken out of the vessel in which the same shall 
be imported, on pain of forfeiting all such wines, liquors, goods, wares, 
or merchandizes so landed or taken out of the vessel in which the same 
shall be imported. 

[Sect. 6.] And no wines, liquors, goods, wares or merchandizes 
that "by this act are liable to pay impost or dut}^, shall be landed on any 
wharffe or into any warehouse or other place, but in the day-time only, 
and that after sunrise aaid before sunset, unless in the presence of and 
with the consent of the commissioner or receiver, on pain of forfeiting 
all such wines, liquors, goods, wares and merchandizes, and the lighter, 
boat or vessel out of which the same shall be landed or put into any 
warehouse or other place. 

[Sect. 7.] And if the commissioner or receiver shall suspect that 
any merchant, factor or other person to whome any wines, liquors, 
goods or merchandizes comes consigned, does not, in the entry or writ- 
ing thereof to be given under his hand as aforesaid, make a, full and 
perfect entry of such wines, liquors, goods and merchandizes, or that 
the invoices thereof, produced and shewn by any person or persons, as 
by this act is directed, are not really and bona fide the original invoices 
of the wines, liquors, goods and merchandizes such person or persons 
should then enter, in every such case the commissioner or receiver is 
hereby ordered and directed not to admit such person or persons to an}^ 
entry of the said wines, liquors, goods or merchandizes until he or they 
shall have made oath to the truth of said writing or invoice by him or 
them presented as aforesaid, which oath the commissioner or receiver is 
hereby impowred to administer. And if such person or persons shall 
not have and produce any invoice of the quantity of the rum or liquors 
to him or them consigned, then the caske wherein the same is, shall be 
gauged at the charge of the importer, that the quantity thereof may be 
known. 

And be it further enacted by the authority aforesaid, 
[Sect. 8.] That every merchant or other person, importing any 
wines into this province, shall be allowed twelve pr. cent for leakage : 
provided, such wines have not been filled up on board ; and that every 
hogshead, butt or pipe of wine that hath two-thirds parts thereof leaked 
out, shall be accounted for outs, and the merchant or importer to pay no 
impost or duty for the same. And no master of any ship or other vessel 



[2d Sess.] Province Laws. — 1715-16. 13 

shall suffer any wines to be filled up on board without giving a certifi- 
cate of the quantity so filled, under his hand, before the landing thereof, 
to the commissioner or receiver of the impost in such port, on pain of 
forfeiting the sum of fifty pounds. 

[Sect. 9. ] And if it be made appear that any wines imported in 
any ship or vessel be decayed at the time of unladeing thereof, or in 
twenty days afterwards, oath being made, if required, before the com- 
missioner or receiver that the same hath not been landed above that 
time, the dutys and impost paid for such wine shall be repaid unto the 
importer thereof. 

And be it further enacted by the cmthority aforesaid, 
[Sect. 10.] That the master of every ship or vessel importing any 
wines, liquors, goods, wares or merchandizes, shall be liable to and shall 
pay the impost for such and so jBuch thereof, contained in his manifest, 
as shall not be duly entred, and th6 duty paid for the same, by the 
person or persons to whome such wines, liquors, goods, wares or mer- 
chandizes are or shall be consigned. And it shall and may be lawfull to 
and for the master of every ship or other vessel to secure and detaine 
in his hands, at the owner's risque, all such wines, liquors, goods, wares 
or merchandizes imported in such ship or vessel, until he shall receive a 
certificate from the commissioner or receiver of the impost that the duty 
for the same is paid, and until he be repaid his necessary charges in 
secureing the same ; or such master may deliver such wines, liquors, 
goods, wares or merchandizes as are not entred, unto the commissioner 
or receiver of the impost in such port, or his order, who is hereby im- 
powred and directed to receive and keep the same at the owner's risque 
until the impost thereof with charges be paid, and then to deliver 
such wines, liquors, goods or merchandizes as such master shall direct. 
And be it further enacted by the authority aforesaid, 
[Sect. 11.] That the commissioner or receiver of the impost in 
each port shall be and hereby is impowred to sue the master of any 
ship or vessel for the impost or duty, for so much of the lading of wines, 
liquors, goods, wares and merchandizes imported therein, acx^ording to 
the manifest by him to be given upon oath as aforesaid, as shall remain 
not entred, and the duty or impost thereof not paid ; and where the 
goods, wares or merchandizes are such as that the value thereof is not 
known, whereby the impost to be recovered of the master for the same 
cannot be ascertaiu'd, the owner, or person to whome such goods, wares 
or merchandizes are or shall be consigned, shall be summoned to appear 
as an evidence at the court where suit for the impost and dut}^ thereof 
shall be brought, and be there required to make oath to the value of 
such goods, wares or merchandizes. 

And be it further enacted by the authority aforesaid, 
[Sect. 12.] That the ship or vessel, with her tackle, apparrel and 
furniture, the master of which shall make default in anything by this 
act required to be performed by him, shall be liable to answer and make 
good the sum or sums forfeited by such master according to this act, for 
any such default, as also to make good the impost or duty for any wines, 
liquors, goods, wares or merchandizes not entred as aforesaid ; and upon 
judgement recovered against such master, the said ship or vessel, or so 
much of the tackle or appur"^^' thereof as shall be sufficient to satisfy 
said judgment, may be taken in execution for the same. And the com- 
missioner and receiver of the impost is herel^y impowred to make 
seizure of such ship or vessel, and detain the same under seizure until 
judgment be given in any suit to be commenced and prosecuted for 
any of the said forfeitures or impost, to the intent that, if judgment be 
rendred for the prosecutor or informer, such ship or vessell and appur''^' 
may be exposed for satisfaction thereof as is before provided, unless the 



14 Province Laws.— 1715-16. [Chap. 8.] 

owners, or some on their behalfe, for the releasing of such ship or vessel 
. from under seizure and restraint, shall give sufficient security to the 
commissioner or receiver of the impost that >seized the same, to respond 
and satisfie the sum or value of the forfeiture and dutys, with charges, 
that shall be recovered against the master thereof upon suit to be 
brought for the same as aforesaid ; and the master occasioning such loss 
and damage unto his owners, through his default or neglect, shall be 
liable unto their action for the same. 

And it is farther enacted, 

[Sect. 13.] That the naval officer within any of the ports of this 
province shall not clear or give passes to any master of any ship or 
other vessel outward bound, until he shall be certified, by the commis- 
sioner and receiver of the impost, that the impost and dut3's for the 
goods last imported in such ship . or vessel are paid or secured to be 
paid. And the commissioner or receiver of the impost is hereby im- 
powred to allow bills of store, to the master of any ships or vessels im- 
porting any wines or liquors, for such private adventures as shall belong 
to the master and seamen of such ship or other vessel, at the discretion 
of the commissioner or receiver, not exceeding three pr. cent of the 
lading ; and the dutys payable by this act for such wines or liquors, in 
such bills of store mentioned and expressed, shall be abated. 

And be it further enacted by the authority aforesaid, 

[Sect. 14.] That all penalties and forfeitures accrueing or ariseiug 
by virtue of this act shall be one-halfe to his majesty, for the uses and 
intents for which the aforementioned dutys of impost are granted, and 
the other halfe to him or them that shall seize, inform and sue for the 
same, by action, bill, plaint or information, in any of his majest3^'s courts 
of record, wherein no essoign, protection or wager of law shall be 
allowed ; the whole charge of prosecution being taken out of the halfe 
belonging to the informer. 

And be it further enacted by the authority aforesaid, 

[Sect! 15.] That there shall be paid by the master of every ship or 
other vessel, coming into an}^ port or ports in this province to trade or 
trafick, the major part of the owners whereof are not belonging to this 
province, except such vessels as belong to the provinces or colonys of 
Pensilvania, West and East Jersey, New Yorke, Connecticut or Rhod 
Island, every vo^-age such ship or vessel does make, the sum of eighteen 
pence pr, tun, or one pound of good new gunpowder, for every tun such 
ship or vessel is in burthen, to be paid unto the commissioner or re- 
ceiver of the dutys of impost, and to be imployed for the supply of his 
majesty's castle and forts within this pi'ovince. 

[Sect. 1G.] And the said commissioner is hereby impowred to ap- 
point a meet and suitable person to repair unto and on board any ship 
or vessel to take the exact measure or tunnage thereof, in case he shall 
suspect that the register of such ship or vessel doth not express and set 
forth the full burthen of the same, the cliarge thereof to be paid by the 
master or owner of such ship or vessel, before she be cleared, in case she 
appear to be of greater burthen ; otherwise, to be paid by the commis- 
sioner out of the money received by him for impost, and shall be al- 
lowed him, accordingly, by the treasurer in his accompts. And the 
naval otlicer sliall not clear any vessel until he be also certified by the 
said commissioner that the duty of tunnage for the same is paid, or that 
it is such a vessel for which none is payable according to this act. 

And be it further enacted by the authority aforesaid, 
[Sect. 1?]] That there be one fit person, and no more, nominated 
and appointed b}' this court as a commissioner and receiver of the afore- 
said dutys of impost and tunage of shipping, and for the inspection, care 
and maiiagement of the said office and whatsoever relates thereunto, to 



[2dSess.] Province Laws.— 1715-16. 15 

receive commission for the same from the governonr or commander-in- 
chief for the time being, with authority to substitute and appoint a 
deputy receiver in each port, besides that wherein he resides, and to 
grant warrants to such deputy receivers for their said place, and to 
collect and receive the impost and tunnage of shipping aforesaid, that 
shall become chie within such port, and to render the accompts thereof 
and pay in the same to the said commissioner and receiver ; which said 
commissioner and receiver shall keep fair books of all entrys and dutys 
ariseing by virtue of this act, and the same to ly open, at all seasonable 
times, to the view and perusal of the treasurer and receiver-general of 
this province, with whome he shall accompt for all collections and pay- 
ments, and pay in all such moneys as shall be in his hands, as the 
treasurer shall demand it. And the said commissioner and receiver and 
his deputy and deputys, before their entring upon the execution of the 
said office, shall be sworn to deal truly and faithfully therein ; and 
shall attend in the office from nine to .twelve of the clock in the forenoon 
and from two to five of the clock in the afternoon. 

[Sect, 18.] And the said commissioner and receiver for his labour, 
care and expences in the said office shall have and receive, out of the 
province treasurj', the sum of seventy pounds pr. annum, and his 
deputy or deputys to be paid, for their service, such sum and sums as 
the said commissioner and receiver with the treasurer shall agree, upon 
reasonable terms. And the treasurer is hereby ordered, in passing 
and receiving the said commissioner's accompt, accordingly to allow 
the payment of such salary or salaries, as aforesaid, to himselfe and 
his deputy or deputys. 

Provided, that — 

[Sect. 19.] This act shall continue in force from the publication 
thereof until the twenty-ninth day of June, which will be in the j'ear 
of our Lord one thousand seven hundred and sixteen, and no longer. 
[^Passed Jidy 23. 



CHAPTER 9. 

AN ACT 'GRANTING UNTO HIS MAJESTY AN EXCISE UPON WINES, 
LIQUORS AND OTHER STRONG DRINK SOLD BY RETAIL. 

We, his majesty's loyall and dutifull subjects, the representatives of 
the province of the Massachusetts Baj', in general court assembled, 
considering the present debts of the province, and charge for the sup- 
port of the government, the necessary defence of his majesty's subjects, 
and for drawing in the bills of publick credit i^ued for the service of, 
the government, have cheerfully and unanimously given and granted, 
and do hereby give and grant unto his most excellent majesty, for the 
ends and uses abovementioned, and for no other, an excise upon all 
wines, brandy, rum and other spirits, beer, ale, cyder, perry, mead or 
mixt drink whatever, sold by retaile in this province, to be levyed, 
raised, collected and paid by and upon the several taverners, inholders, 
common victuallers, keepers of coffee-houses and retailers, within each 
respective county, in manner and proportion following ; that is to say, 

For and within the county of Suffolk, six hundred 

pounds, £600 Os. Od. 

For and within the county of Essex, three hundi'ed 

twenty-three pound, . . . . . . 323 

For and within the county of Middlesex, one hundred 

seventy-five pounds, 175 



16 . Province Laws.— 1715-16. [Chap. 9.] 

For and within the county of Plymouth, fifty-two 

pounds, £52 Os. Od. 

For and within the county of Barnstable, fourty-nine 

pounds, 49 

For and within the county of Bristol, fifty pounds, . 50 
For and within the county of Hampshire, twenty 

poimds, . . . . . . . . 20 

For and within the county of Yorke, seventeen pounds, 17 

For and within Dukes county, fourteen pounds, . 14 



In the whole, thirteen hundred pounds, . . . £1,300 Os. Od. 

And pray that it be enacted, — 

A7id be it accordingly enacted by His Excellency the Governour, Coun- 
cil and Assembly in General Court assembled, and by the authority of the 
same, 

[Sect. 1.] That the aforesaid excise, amounting to the sum of thir- 
teen hundred pounds, shall, by the justices of the respective courts of 
general sessions of the peace, at their first court after the twentj-ninth 
day of June, in the present j-ear one thousand seven hundred and fifteen 
according to the time prefixed and stated by law for holding the same, 
or at their next meeting upon the adjournment of. any court before 
holden, be levyed, laid and duly apportioned, according to their good 
discretion, to and upon the several taverners, inholders, common vic- 
tuallers, keepers of coffee-houses and retailers within their county, in 
proportion to the sum set for such county to pay as afores*^, and that 
before the granting or renewing of licences the justices do advise, con- 
sider and determine what part and how much of the said sum shall be 
levyed on, and paid b}", each person to whom licence shall be granted, 
for his draught. 

[Sect. 2.] And the said justices shall cause every person and per- 
sons so licensed to enter into recognizance to his majesty, with one or 
more sufficient sureties, before one or more of the justices of such court, 
well and truly to pay the sum set and apportioned upon them, as afore- 
said, to the treasurer and receiver-general of the province, bj^ two even 
and equal payments, before the full expiration of each halfe of the said 
year, before they receive their licences out of the clerk's office ; and the 
clerk shall transmit to the treasurer a list of the names of all the persons 
licensed and the sums they are respectively to pay. 

[Sect. 3.] And the justices of the respective courts aforementioned, 
granting licences as aforesaid, are to attend the several directions of 
1711.12, chap. 6. the law entituled "An act against intemperance, immorality and pro- 
phaness,* and for refot-mation of manners," except what is otherwise 
directed to and attended in this act ; and further, that no person shall 
have his licence renewed before he makes it appear that his former 
excise is paid to the treasurer or one deputed by him to receive it. 

And be it further enacted by the authority aforesaid, 

[Sect. 4.] That no person shall presume to keep a coffee-house for 
the selling coffee, tea, chocolate or any distilled liquours, but who shall 
be licensed in such manner as is provided in and by the law for persons 
admitted as taverners or inholders ; and such cofl'ee-houses shall be lia- 
ble to the same inspections and regulations, with respect to good orders 
and paying an excise, as all publick houses of entertainment are. 

Provided, 

[Sect. 5.] That this act shall continue in force from the j)ublication 
thereof to the twenty-ninth day of June, anno 1716. {^Passed July 23. 

* Sic. 



[2d Sess.] Province Laws".— 1715-16. II 



CHAPTEK 10. 

AN ACT FOR ESTABLISHING A RULE FOR THE APPORTIONING OF TOWN 
AND COUNTY ASSESSMENTS FOR THE YEAR SEVENTEEN HUNDRED 
AND FIFTEEN. 

Be it enacted hy His Excellency the Governonr, Council and Eepresenta- 
tires in Genercd Court 'assembled, and hytlie authority of the same, 

That all toAvn and county rates and assessments for this present 3'ear 
he apportion'd by the assessors or selectmen, of the several to^Yns and 
precincts within this province, npon the inhabitants and estates withiu 
the same, according to the rules and directions that the town and count}^ 
rates -nere ordered to be assess'd and collected b}', in the year one 
thousand seven hundred and fourteen. l_Fassed Jidy 23. 



CHAPTER 11. 

AN ACT FOR APPORTIONING AND ASSESSING A TAX OF ELEVEN THOU- 
SAND POUNDS, UPON POLLS AND ESTATES. 

Whereas the great and general court or assemldj^ of the province of 
the Massachusetts Bay in New England, at their several sessions in 
November, 1710,* and in May, 171 l,t did make and pass two several 
grants of taxes, on polls and estates, as funds and security for the 
repayment and drawing in several sums in the bills of credit on this pro- 
vince ordered to be imprinted, repeated and issued out of the publick 
treasury for the service of the government ; that is to say, at their ses- 
sion begun and held the twenty-fifth of October, 1710, a grant of five 
thousand pounds, and at their session begun and held the thirtieth daj' 
of Ma}-, 1711, a grant of seventeen thousand pounds, applyed to the 
ends and uses in the said respective grants particularly enumerated and 
expressed ; and, by the resolves of the court that made the aforesaid 
grants, it was then ordered that the said sum of twenty -two thousand 
pounds should be apportioned, assessed and lev3'ed on polls, and estates 
both real and personal, within this province, according to such rules 
and in such proportion, upon the several towns and districts within the 
same, as shall be agreed on and ordered by this court in their present 
session : wherefore, for the ordering, directing and perfecting of the 
said eleven thousand pounds, which, with the sum of two thousand 
pounds in the treasury, two thousand pounds interest of the loan mone}', 
and seven thousand pounds by the impost, excise and tunnage of ship- 
ping, past this present session, will make the said sum of twent^'-two 
thousand pounds, pursuant to the funds and grants aforesaid, which is 
imanimously approved, ratified and confirmed ; and we, his majesty's 
loyal and dutifuU subjects, the representatives in general court assem- 
bled, pray that it may be enacted, — 

And he it accordingly enacted hy His Excellency the Governonr, Council 
and RepresentcUives in Genercd Court assembled, and hy the authority of 
the same, 

[Sect. 1.] That each town and district within this province be 
assessed and pay as such town's and district's proportion of the afore- 
said eleven thousand pounds, the sura following ; that is to say, — 

* Notes to 1710-11, resolve (cj. t Notes to 1711-12, rcsolre (a). 

3 



90 


16 


4 


65 


o 
O 


2 


37 


10 





37 


10 





51 


4 


"2 


41 


13 






18 Peovince Laws.— 1715-16. [Chap. 11.] 

IN THE COUNTY OF SUFFOLK. 

Boston, one thousand eight huudi-ecl eighty -one pounds 

and fourteen shillings, £1,881 14s. Od. 

Eoxbuiy, one hundi-ed forty-eight pounds nineteen 

shillings and fivepeuce, ...... 148 19 5 

Dorchester, two hundred and four pounds sixteen shil- 
lings and sevenpeuce, 204 16 7 

Hingham, one hundred sixty-seven pounds eleven shil- 
lings and ninepence, . . . . .-.167119 

Brantrey, one hundred forty-eight pounds nineteen 

shillings and fivepence, ...... 148 19 5 

Dedham, with Needham, one hundred twenty-five 

pounds thirteen shillings and sevenpeuce, . . 125 13 7 

Medfield, with Medway, one hundred and nine pounds 

twelve shillings and seven pence, .... 109 12 7 

Wej'mouth, ninety pounds sixteen shillings and four- 
pence, 

Milton, sixty-five pounds three shillings and twopence, 

Hull, thirtj^-seven pounds ten shillings, 

Wrentham, thirty-seven pounds ten shillings, . 

Mendon, fifty-one pound four shillings and twopence, 

Woodstock, forty-one pound thirteen shillings, . 

Brookl}^!, fifty-five pounds seventeen shillings and 

thi'eepence, . . 55 17 3 

IN THE COUNTY OE ESSEX. 

Salem, three hundred seventy-eight pounds nineteen 

shillings, . ..." 378 19 

Ipswich, four hundred sixty-five pounds ten shillings 

and sixpence, ....... 4G5 10 6 

Newbury, three hundred twenty-five pounds three 

shillings and eightpence, . . . . . 325 3 8 

Marblehead, one hundred ninety-six pounds and three- 
pence, ......... 196 3 

Lj-nn, one hundred fifty -three pounds twelve shillings 

and threepence, . . . . . . . 153 12 3 

Andover, one hundred fifty-six pounds sixteen shillings 

and twopence, . . . . . . . 156 16 2 

Beveii}", one hundred twenty-five pounds ni ae shillings, 125 9 

Rowley, one hundred fifteen pounds and eight shillings, 115 8 

Salisbury, eighty-six pounds two shilliugs and three- 
pence, . . . . . 

Havei'hill, eighty-three pounds six shillings, . . 83 6 

Glocester, ninety-eight pounds, . . . . 98 

Topsfield, eighty-thi'ee pounds fifteen shillings and 

eightpence, . . . . . . . . 83 15 8 

Boxford, sixty-four pounds nine shillings and fivepence, 64 9 5 

Wenham, sixty -four pounds four shillings and ten- 
pence, ......... 64 4 10 

Amesbury, sixty-nine pounds sixteen shillings and 

tenpence, . . . . . . . . 69 16 10 

Bradford, sixt3'-eight pounds twelve shillings, . . 68 12 

Manchester, twenty-one pounds eight shillings and 

fourpence, 21 8 4 

IN THE COUNTY OF MIDDLESEX. 

Charlestown, two hundred seventy -four pounds twelve 

shillings and tenpence, . . . ... . 274 12 10 



86 2 3 



[2d Sess.] 



PROVINCE Laws. — 1715-16. 



19 



Watertown, one hundred forty-nine pounds nine shil 

lings and a pennj', • 

Weston, fort3'-nine pounds, .... 
Cambridge, one hundred and twenty pounds nine shil- 
lings and fivepence, ..... 
Concord, one huudredfiftj'-six pounds and nine shillings 
Wobourn, one hundred and fifty-fn-e pounds, 
Eeadihg, one hundred eighteen pounds nine shillings 

and Iburpence, ...... 

Sudbury, one hundred sixteen pounds sixteen shillings 

and sixpence, ...... 

Marlborough, one hundred. twentj'-seven pounds eight 

shillings and twopence, ..... 
Lexington, sixty-six pounds six shillings and four 

pence, . • . 
Newtown, ninety-seren pounds and sixpence, . 
Maiden, eighty-eight pounds eight shillings and four 

pence, 

Chelmsford, eighty-three pounds and six shillings, 
Billerica, sevent^'-five pounds three sliillings and three 

pence, ........ 

Sherburn, fifty-three pounds five shillings and four 

pence, . . . 
Groton, fortj'-five pounds one shilling and sereupence 
Lancaster, forty-nine pounds, .... 
Framingham, fifty-eight pounds sixteen shillings, 
Medford, thirty-two pounds eleven shillings and six- 

pence, 

Stow, thirty-nine pounds four shillings, 
Dunstable, nineteen pounds twelve shillings, 
Dracut, fourteen pounds fourteen shillings, 



£149 

49 

120 
156 
155 



9s. Id. 


9 5 
9 


9 4 



118 

IIG 16 6 

127 



66 
97 

88 
83 



8 2 

16 4 
6 

8 4 
6 



75 3 3 



53 


5 


4 


45 


1 


7 


49 








58 


16 





32 


11 


6 


39 


4 





19 


12 





14 


14 






IN THE COUNTY OP HAMPSHTEE. 

Springfield, one hundred thirty-two pounds six shil- 
lings and twopence, . . . . . . 132 6 2 

Northampton, one hundi'ed and seventeen pounds 

twelve shillings, 117120 

Hadley, seventy -three pounds six shillings, . . 73 6 
Hatfield, sixty-thi-ee pounds ten shillings and six- 
pence, . . . . . . . . . 63 10 6 

Westfield, fifty-five pounds seventeen shillings, . . 55 17 
Suffield, thirty -nine pounds four shillings, . . . 39 4 
Enfield, thirty -nine pounds four shillings, . . . 39 4 
Deerfield, twentj^-three i^ounds five shillings and five- 
pence, 23 5 5 

IN THE COUNTY OF PLY3I0UTH. 

Plymouth, ninety-eight pounds fourteen shillings, . 98 14 

Plympton, fifty pounds six shillings, . . . . 50 6 

Situate, one hundred eighty-four pounds eleven shil- 
lings and threepence, ...... 1^4 11 3 

Bridgwater, one hundred and four pounds and four- 
pence, 104 4 

Marshfield, ninety-three pomids one shilling and ten- 
pence, 93 1 10 

Pembrook, thu'ty-five pounds ten shillings and four- 
pence, 35 10 4 

Duxbuiy, fifty-six pounds three shillings and sixpence, 56 3 6 



20 Pkovince Laws.— 1715-lG. [Chap. 11.] 

Middlelboro, fifty-one pound and four shillings, . . £51 4s. Ocf. 

Eochester, forty -nine pounds, 49 

Abingtou, eleven pounds twelve shillings and nine- 
pence, . 11 12 9 

IN THE COtTNTY OF BARNSTABLE. 

Barnstable, one hundred seventy-six pounds seven- 
teen shillings and fivepence, . . . . . 176 17 5 

Eastham, ninety-eight pounds, . . . . . 98 

Truro, thirty-nine pounds four shillings, . . . 39 4 
iSandrvich, one hundred twenty-five pounds thuieeu 

shillings and sixpence, . . . . . . 125 13 6 

Yarmouth, ninety-eight pounds and twopence, . . 98 2 
Harwich, fifty -five pounds seventeen shillings, . . 55 17 
Falmouth, thirty-four pounds four shillings and four- 
pence, ......... 34 4 4 

Chatham, thirty-two pounds and seven shillings, . 32 7 

IN THE GvOUNTY OP BRISTOL. 

Bristol, one hundred and five pounds and seventeen 
shillings, ........ 

Taunton, one hundred twenty-four pounds sixteen shil- 
lings and twopence, ...... 

Norton, with the east end of North Purchase, twenty- 
four pounds thirteen shillings, ...» 

Dartmouth, one hundred seventy-six pounds eight 
shillings, ........ 

Dighton, thirty-three pounds ten shillings and four- 
pence, ......... 

. Rehoboth, one hundred and four pounds five shillings 
and sixpence, ....... 

Little Compton, one hundred and twenty pounds sev- 
enteen shillings and sixpence, .... 

Swanzey, one hundred twent^'-seven pounds eight 
shillings and threepence, ..... 

Tiverton, eightj'-eight pounds four shillings, 

Freetown, thirty-nine pounds four shillings, 

Attleborough, thirty-four pounds eighteen shillings 
and twopence, ....... 

IN DUKES COUNTY. 

Edgartown, fifty-one pound four shillings, 

Chilmark, fifty-two pounds two shillings and sixpence, 

Tisbury, twenty-four pounds and ten shillings, . 

IN THE COUNTY OF YORKE. 

Yorke, eighteen pounds twelve shillings and sixpence, 

Kittery, sixty pounds seven shillings, 

Berwick, thirty-two pounds eleven shillings and eight- 
pence, .......... 

Wells, fourteen pounds fourteen shillings and two- 
pence, ......... 

Nantucket, one hundred and twelve pounds fifteen shil- 
lings and twopence, ...... 

Amounting, in the whole, to the sum of eleven thousand pounds. 



105 


17 





124 


16 


2 


24 


13 





17G 


8 





33 


10 


4 


104 


5 


6 


120 


17 


6 


127 


8 


3 


88 


4 





39 


4 





34 


18 


2 


51 


4 





52 


2 


6 


24 


10 





18 


12 


6 


CO 


7 





32 


11 


8 


14 


14 


2 


112 


15 


2 



[2d Sess.] Province Laws.— 1715-16. 21 

And be it further enacted by the authority aforesaid, 
[Sect. 2.] That the treasurer do forthwith send out his warrants, 
directed to the selectmen or assessors of each town or district within 
this province, requiring them, respective^, to assess the sum hereby- set 
upon such town or district in the manner following ; that is to sa}^, to 
assess all rateable male polls, above the age of sixteen 3-ears, at five shil- 
lings the poll (except the governour and lieuten;int-governour, and their 
families, the president, fellows and students of Harvard College, setled 
ministers and grammar-school masters, who are hereby exempted as 
well from being taxed for their polls, as for their estates being in their 
own hand and under their actual management and improvement) and 
other persons in an}^ town, if such there be, who through age, infirmity 
or extream poverty, in the judgement of the assessors, are not capable to 
pay towards publick charges, they may ex(.!ept their polls and so much of 
their estate as, in their prudence, they shall think and judge meet ; and 
all estates, both real and personal, lying within the limits and bouuds 
of such town or district, or next unto the same, not paying elsewhere, 
in whose hand, tenure, occupation or possession soever the same is or 
shall be found ; and income by an}' trade or faculty w'hich any person 
or persons (except as before excepted) do or shall exercise in gaining, 
by monej-s or other estate not particularly otherwise assesst, or commis- 
sions of profit in their improvement, according to their understanding 
and cunning, at one penny on the pound ; and to abate or multiply the 
same, if need be, so as to make up the sum hereby set and ordered for 
such town or district to pay ; and, in making their assessment, to esti- 
mate houses and lands at six years income of the yearly rents whereat 
they may be reasonably set or let for in the places where they lye (sav- 
ing all contracts betwixt landlord and tenant, and, where no such con- 
tract is, the landlord to reimburse one-halfe of the tax set upon such 
houses and lands) ; and to estimate Indian, negro and molatto ser- 
vants proportionably as other personal estate, according to their sound 
judgment and discretion ; as also to estimate every ox of four 3' ears 
old and upwards, at forty shillings ; every cow of three years old and 
upwards, at thirty shillings ; every horse and mare of three years old 
and upwards, at forty shillings ; every swine of one year old and 
upwards, at eight shillings ; and every sheep of one j^ear old and up- 
wards, at four shillings : likewise requiring the assessors to make a fair 
list of the said assessment, setting forth in distinct columns, against each 
particular person's name, how much he or she-is assessed at for polls, 
and how much for houses and lands, and how much for personal estate 
and income by trade or faculty ; and the list or lists so perfected and 
signed by them, or the major part of them, to committ to the collector, 
constable or constables of such town or district, and to return a certifi- 
cate of the name or names of such collector, constable or constables, 
together with the sum totall to each of them respectively committed, 
unto himselfe sometime before the last day of September next. 

[Sect. 3.] And the treasurer for the time being, upon the receipt of 
such certificate, is hereby impowred and ordered to issue forth his war- 
rants to the collectors, constable or constables of such towns or districts, 
requiring him or them, respectivel}', to collect the whole of each respec- 
tive sum' assessed on each particular person, before the last day of 
March next ; and of the inhabitants of the town of Boston to collect 
their proportion sometime in the month of January aforegoing, and to 
pay in their collections, and issue their accompts of the whole, at or 
before the last day of Ma}^, which will be in the year of our Lord one 
thousand seven hundred and sixteen. 

And be it further enacted by the authority aforesaid, 

[Sect. 4.] That the assessors of each town and district, respectively. 



22 Province Laws.— 1715-16. [Chap. 11.] 

in convenient time before their making tire assessment, shall give 
seasonable warning to the inhabitants, in a town meeting, or by posting 
up notifications in some place or places in such town or district, or 
otherwise to notify the inhabitants to give or bring in to the said asses- 
sors true and perfect lists of their polls and rateable estate. 

{Sect. 5.] And if any person or persons shall neglect or refuse so 
to do, or bring in a false list, it shall be lawfull to and for the assessors 
to assess such person or persons, according to their known ability within 
such town, in their sound judgement and discretion, their due propor- 
tion to this tax, as near as they can, according to the rules herein given, 
under the penalty of twenty shillings for each person that shall be con- 
victed by legal proof, in the judgement of the assessors, of bringing in a 
false bill ; the said fine to be for the use of the poor of such town or 
district where the delinquent lives, to be levyed by warrant from the 
assessors, directed to tlie collector or constable in manner as is directed 
for gathering of town assessments, and to be paid in to the town treas- 
urer or selectmen for the use aforesaid : saving to the party agrieved 
at the judgment of the assessors in setting of such fine, liberty of 
appeal therefrom to the court of general sessions of the peace within 
the county, for relief as in case of being overrated. 

[Sect. 6.] And if the party be not convicted of any falsness in the 
list by him presented of polls, rateable estate and income by any trade 
or faculty which he doth or shall exercise in gaining, by money or other 
estate not particularly otherwise assessed, such list shall be a rule, for 
such person's proportion to the tax, which the assessors may not exceed. 
[^Passed July 30. 



[4th Sess.] Province Laws. — 1715-16. 23 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Twenty-third day of November, A.D. 17 15. 



CHAPTEE 12. 

AN ACT IN ADDITION TO AN ACT FOR ERECTING OF A POWDER-HOUSE 

IN BOSTON. 

"Whereas the confiscation of powder kept in houses and warehouses 1706.7, chap. 4. 
has not been found sufficient to deter [r] men from so keeping the same, 
to the great discouragement and damage of such as assist in times of 
fire, to endeavour the extinguishing thereof,^ — 

Be it therefore enacted by the Lieutenavt-Governour, Council and Rep- 
resentatives in General Court assembled, and by the authority of the 
same, 

[Sect. 1.] That from and after the publication hereof, any person 
within the town of Boston, that shall presume to keep, in his house or 
ATarehouse, anj^ powder above what is by law allowed, shall forfeit and 
pay for every half [e] barrel [1] the sum of five pounds, and sop?-o rato Penalty. 
for every greater quantity over and above the forfeiture or confiscation 
of the said powder ; one moiety thereof to be for the use of the poor of 
the town, to be paid to the town treasurer, the other moiety to the fire- 
wards, or any others that shall sue for the same. 

And be it further enacted by the authority aforesaid, 

[Sect. 2.] That the quantity of powder allowed to be kept in shops. Quantity of 

AX/ uowclcr iillowGcl 

for sale in Boston, do not exceed twenty-five pounds ; any law, usage to be kept in 
or custom to the contrary thereof notwithstanding: sav[_e^ing, never- shops. 
theless, the ordinary town stocks, as in the afore-recited act is expressed. 

And whereas there is often danger by careless persons carr3ing pow- 
der thro [ugh] the town uncovered, — 

Be it further enacted by the authority aforesaid, 

[Sect. 3.] That after the publication of this act, no person whatso- Powder to be 
ever presume to carry thro [ugh] the town any half [e] -barrel [1], bar- carAcd thi-o'iigh 
rel[l] or barrel[l]s of powder, unless secured by some sufficient cover- the town, 
ing of leather or cloth, spread over it, on penalty of forfeiting ten shil- Penalty, 
lings per barrel [1] for each offence, and so pro rato for casks of lesser 
size ; to be recovered of the persons carrying the same, by bill, plaint 
or information, before any court proper to try the same. 

And whereas the town of Boston has often been in great haz[z]ard 
of fire, by throwing of squibbs, serpents and rocketts, and by the per- 
forming of other fireworks, — 

It is further enacted by the authority aforesaid, 

[Sect. 4.] That any person or persons who[m]soever that shall Penalty for 
throw any squibbs, serpents or rocket [t]s, or perform any other fire- gqulbs.'&c. 
works within the streets, lanes or alle3^s in the town of Boston, or upon 
or from the houses within the same, shall forfeit and pay the sum of 
twenty shillings for every such off'ence, to be recovered by bill, plaint or 
information, before a justice of the peace, or in any of his majesty's 



24 Province Laws.— 1715-16. [Chaps. 13, 14.] 

courts of record ; the one half [e] of the aforesaid fines to be to the in- 
former, and tlie other moiety to the use of the poor of the town. 
And be it further enacted by the authority aforesaid^ 
Cbiidreii anil [Sect. 5.] That if any children or servants, of the age of twelve 

finwr'OT pun-^ years and upwards, shall offend against this act in any of the particu- 
ishcd for throw- j^rs therein mentioned, and their parents or masters refuse to answer 
gsqu ,. . ^^^ forfeiture or damage awarded against them, they shall be punished 
by setting in the stocks or cage, or by imprisonment, not exceeding 
twenty -four hours, at the discretion of the court or justice before 
whom[e] the prosecution shall be, according to the nature and degree 
Parents or. mas- of the offencc, and circumstauces aggravating. And the parents or 
chiiciren mckr luastcrs of any cliild Or scrvaut under the age of twelve years shall 
the age of 12 pay a fine of ten shillings for au}^ such child or servant transgressing, 
^^^"'" as aforesaid. 

surfor the*° [Sect. 6.] And the firewards are hereby directed to take effectual 

fines. care to put this act in execution, and are fully impow[e]red to sue for, 

recover and take the several fines and forfeitures aforementioned, by 
bill, plaint or information, in any of his majesty's courts of record with- 
in this province. \_Passed December 13. 



CHAPTER 13. 

AN ACT TO PREVENT THE OPPRESSION OF DEBTORS, 

1712-13, chap. 6. Whereas an act intituled "An Act to prevent oppression of Debt- 
ors," made and passed in the eleventh year of her late majesty Queen 
Anne, and now expired, has been found to be very beneficial to his 
majesty's subjects of this province, and the reasons for making said act 
still continuing, — 

Be it enacted by the Lieutenant-Governour, Council and Representa- 
tives in Genercd Court assembled^ and by the authority of the same, 

No debtor to be That froiB and after the publication of this act, no debtor for any 

oflc'i-rbiiis ia ^"^ debt made or contracted since the thirtieth day of October, Anno Dom. 

payment. qj^q thousaiid scveii liuudrcd and five, or that shall be made and con- 

tracted before the thirtieth day of October, Anno Dom. one thousand 
seven hundred and twenty-two, (specialties and express contracts in 
writ[e]ing always excepted) that shall tender satisfaction and payment 
of his full debt in good and lawful [1] bills of credit on this province, 
shall be liable to have execution served and levied upon his estate or 
person, or be imprisoned, upon any recovery of judg[e]ment to be 
granted against him for such debt ; any law, custom or usage to the 
contrary notwithstanding. \_Passed December 12. 



CHAPTER 14. 

AN ACT FOR PREVENTING DAMAGE TO THE HOUSING AND OTHER 
ESTATE WITHIN THE SEVERAL TjpWNS OF THIS PROVINCE. 

Whereas many persons of late have been so mischievous, more 
especiall}^ in the time of publick rejo^xings, as to break[e] the glass 
windows of several houses, and to commit[t] divers other insolencies 
in one or more of the towns within the said province ; for prevention 
whereof for the future, — 



[4th Sess.] Province Laws. — 1715-16. 2o 

Be it enacted hy the Lieutenant-Governour, Council and Representa- 
tives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That from and after the publication of this act, if any Glass windows 
person or persons shall wil[l]full3' 1jreak[e] the glass windows of any "'^^ ^° ^® ^'"°'^' 
house within any of the towns of this province, either those made use 
of for publick occasions, or belonging to any private person, or by 
throwing stones, snowballs, kicking footballs, or any other ways, or Fences not to 
shall wil[l]fully break[e] down any fences belonging to any such house i>e broken. 
or houses, or any pastures or other inclosures, and be thereof legally 
convict before one or more of his majesty's justices of the peace within 
such county, or before the court of general sessions of the peace within 
the county where such town iyes, he or they so offending shall not only 
be liable to the suit or action of the owner or possessor of such house 
or fences so damnif[;:][y]ed, but shall also pay a fine of twentj^ shillings Penalty, 
at least, and not exceecling the sum of five pounds, for the use of the 
poor of the said town. » 

And be it farther enacted by the authority aforesaid, 

[Sect. 2.1 That the treasurer, for the time being, of the town where Treasurer im- 

, L A . ^ , , ', ,.■,., 1 1 ■ r -1 1 powered to sue 

the offence IS committed, be and hereby is directed and impow[eJi'ed lorthefines. 
to sue any person or persons who shall do any damage as aforesaid, to 
any of the houses made use of by the publick, either on civil or religious 
accounts, or to any of the publick burying-places ; and the money recov- 
ered on such suit shall be appropriated for the repairing of such house 
or houses, or burying-places so damnif [(■][y]ed. 

And be it farther enacted by the authority aforesaid, 

[Sect. 3.] That if any person or person[sJ offending against this act, Persons refus- 
and being thereof convict, shall refuse to pay the fine above men- fhfetobe^pun- 
tioned (or, when they are children or servants, their parents or masters i^^^'i- 
shall refuse to pay the same) he or they so convict shall be punished 
by whipping, setting in the stocks or cage, or by imprisonment at the 
discretion of the court or justice before whom the prosecution shall be, 
according to fhe nature and degree of the offence, and circumstances 
aggi'avating the same. \_Passed December 14. 



CHAPTEE 15. 

AN ACT IN ADDITION TO THE ACT INTITLUED "AN ACT AGAINST COUN- 
TERFEITING THE BILLS OF CREDIT OF THIS PROVINCE," PASS'D IN 
THE THIRD YEAR OF HER LATE MAJESTY, QUEEN ANNE. 

Whereas in the said act there is no provision made for the reward- 1704-5, chap. 8. 
ing of such persons as shall make discovery of the altering or increasing 
the value of any of the bills of credit on this province, by law estab- 
lished, — 

Be it therefore enacted by the Lieidenant-Governour, Council and 
Bejrresentatives in General Court assembled, and by the authority of the 
same. 

That whosoever shall give information of any person or persons alter- Bills of credit 

• »/ A X not to DC ultGrcc 

mg or increasing the sum or figures set and expressed in any of the or increased, 
bills of credit on this province, now made or hereafter to be made, or of 
any person or persons uttering any such bill or bills, knowing the 
same to be so altered or increased, so that the person or persons guilty 
thereof be reud[c]red to justice and convicted, every such informer 
shall receive, as a reward for his good service therein, the sum of ten penalty, 
pounds, to be paid to him out of the publick treasuiy, and to be repaid 
into the treasury out of the offender's goods or estate, so far as that will 
4 



26 PiioviNCE Laws.— 1715-16. [Chaps. 16, 17.] 

extend, by order of tlie court -where the person shall be comicted. 
[Posted December 12. 



CHAPTER 16. 

AN ACT IX FURTHER ADDITION TO THE ACT FOR ENCOrRAGING THE 
KILLING OF AVOLVES, M/iDE IN THE FIFTH YEAR OF THE REIGN OF 
KING WILLIAM AND QUEEN MARY. 

Be it enacted hy the [Liev'] {^IAeutenant'\ Govemour, Council and 
JRepresentatives in General Court assembled, and by the authority of 
the same, 
llll'J^cha^'oQ [Sect. 1.] That from and after the publication of this act the 
■\Voivc8tobe' ' re-ward for killing a grown wolf [e] shall be the sum of forty shillings, 
destroyed. ^^ ^^g paid according to the provision made in said act. 

Reward. Aud, forasmuch as some towns in this province have suffered in their 

sheep by unruly and ravenous dogs, — 
Be it enacted by the authority aforesaid, 
Unruly and rav- [Sect. 2.1 That whensoever it shall happen that any dog shall kill 

enous dogs to >- - ^ i ^ « i ",. , i • 

be destroyed, or wound any sheep, aud proof be made thereof before au}- ol his 
majesty's justices of the peace for the county where such damage is 
done, the said justice is required speedil}^ to notifie the owner of said 
dog of such damage ; and if said dog be not killed within forty-eight 

Penalty. hours after such notice given, the owner shall forfeit the sum of five 

pounds, to be recovered by action, bill, plaint or information, in any of 
his majesty's courts of record within this province, and to be disposed 
for the use of the poor of the town where the damage is done ; and the 
said owner shall be further liable to the action of any person da[??i]ni- 
fied as aforesaid. \_Passed December 12. 



CHAPTER 17. 

AN ACT FOR MAINTAINING AND PROPAGATING RELIGION. 

169^1' chap 46* Wheeeas the laws of this province have made good and wholesome 
§7." ' ' ' provision that every town within the same be constantly supplved with 
rmA^c^a.^%. ^^ able, learned, orthodox minister or ministers, of good conversa- 
tion, to dispence the word of God unto them, and that such minister 
and ministers be suitabl}^ encouraged and sufficiently supported and 
^ maintained by the inhabitants of such towns ; for the rencMug of the 

said laws more effectual, and to prevent the growth of atheism, ii-religion 
and prophan[e?i]ess, — 

Be it enacted and ordained by the Lieutenant -Govemour, Council and 
Representatives in General Court assembled, and by the authority of the 
same, 
"^i^te^^he [Sect. 1 .] That the justices of the court of general sessions of the 
presented. pcacc within the several count[/e][y]s, at the opening of their court 

from time to time, do give in special charge to the gi-aud juiy to make 
diligent inquiry and presentment of all towns and districts within such 
county that are destitute of a minister as by law is directed, and of 
such towns and districts that neglect to fulil]fill their contracts and 
agreements, and do not make suitable provision for the support and 
maintenance of their minister or ministers accordingly ; and, upon 
such presentment, complaint or iufonnation in any other manner, the 



[4th Sess.] Province Laws.— 1715-16. 27 

court of general sessions of the peace are directed and required vigor- 
ously to put the laws in execution for the redressing of all defects and 
neglects of that kind, and forthwith to make the necessary orders to 
that end. as by law they are empowred. And, in case their orders so 
made be not duly observed, or by the contrivances or practices of ill 
men be eluded and rendi'cd ineffectual, for the speed}' remed3-ing and 
reforming of so great an evil the justices of such court are to represent Report to be 
and make report of their proceedings unto the next session of the great genera" assem- 
and general court or assembly. ^^y- 

And be it further enacted by the authority aforesaid, 

[Sect. 2.] That upon report made by the justices of the court of Ministers to be 
general sessions of the peace within any county, that notwithstanding by'^tSee^or^'^ 
the orders b}' them made, as aforesaid, nny town or district within their more ordained 
county do remain destitute of a minister qualif[?^][5']ed as b}* law is ™^°'* ^'■®- 
provided, or do neglect to make due provision for the sufficient support 
or maintenance of their minister or ministers, according to contract 
and agreement made with him or them, or as the said court shall have 
ordered, where there is no contract in that respect, the general assembly 
to which such report or representation shall be made shall take effectual 
care to provide and send an able, learned orthodox minister, of good 
conversation, being fh'st recoromended by three or more of the set[^]led, 
ordained ministers, to every such town or district that are destitute, and 
also provide for his honourable support and maintenance bv adding so 
much to the proportion of such town or district to the publick taxes, 
from time to time, as the}- ma}^ judge sufficient for that end ; and so, in 
like manner, for the support and maintenance of ministers in such towns 
or districts that neglect to fulfill and perform the contract and agree- 
ment made with their ministers ; and shall also proceed after the same 
manner to supply and support a minister in places that are destitute, 
where the justices neglect their duty to take care thereof. 

[Sect. 3.] And the additional sums so laid as aforesaid, shall be 
assessed, collected and paid into the publick treasury, together with 
the other publick taxes, and shall be drawn out thence by warrant fi*om 
the governour, by and with the advice and consent of the council, and 
be duel}' paid to the minister and ministers, respectively, for whom it 
shall be laid. 

Provided, 

[Sect. 4.] This act shall continue in force for the space of seven 
years next after the enacting thereof, and no longer. \_Passed Decem- 
ber 20. 



CHAPTER 18. 

AN ACT FOR REVIVING AND FURTHER CONTINUING OF AN ACT INTI- 
TULED "AN ACT TO INABLE CREDITORS TO RECEIVE THEIR JUST DEBTS 
OUT OF THE EFFECTS OF THEIR ABSENT AND ABSCONDING DEBTORS," 
MADE AND PASS'D BY THE GREAT AND GENERAL COURT OR ASSEM- 
BLY, AT THEIR SESSION UPON THE [26rH] [TWENTY-SIXTH] DAY OF 
MAY, 1708, IN THE SEVENTH YEAR OF THE REIGN OF HER LATE MA- 
JESTY, QUEEN ANNE. . 

Be it enacted by tlie Lieutenant' Governour, Council and Representatives 
in Genercd Court assembled, and by the authority of the same, 

[Sect. 1.] That the said act, and all and singular the paragi'aphs, itos-o, chap. 7. 
clauses, articles, directions, powers in the said act contained, be and 
hereby are revived, re-enacted and directed to abide and remain in force, 
and accordingly to be exercis[e]d, practis[e]d and put in execution, till 



28 Province Laws.— 1715-16. [Chaps. 10, 20.] 

the tliirtieth day of June, Anno jDom[ini] one thousand seven hundred 
and twenty-three, and no longer. 

[Sect. 2.] And all summons and declarations already' commenced 
in an}' of the courts •within this province, be and hereby are revived and 
continued, and to be proceeded upon according to the directions of the 
said act, as if the same had not expired. \_Passed December 12. 



CHAPTEE 19. 

AN ACT FOR THE ENCOUEAG[E]ING THE RAISING HEMP WITHIN THIS 

PROVINCE. 

Be it enacted by the Lieutenant-Governour^ Council and Representatives 
in General Court assembled^ and by the authority of the same, 
17G1.2, chap. 13. [Sect. 1.] That from and after the publication of this act there shall 
be paid out of the publick treasury the sum of nine shillings and four- 
pence for every hundred and twelve pounds of water-rotted, well cured 
and clean-dressed hemp, the growth of this province, that is brought to 
market [t] ; and so in proportion for a greater quantity : the quantity 
and quality of hemp to be certified to the treasurer, under the hands of 
such skil[l]ful[l] surveyors as the governour or commander-in-chief [e], 
with the advice and consent of the council, shall from time to time nomi- 
nate and appoint, who shall be paid by the vender eightpence for every 
hundred and twelve pounds they shall survey. 

And be it further enacted by the authority aforesaid, 

[Sect. 2.] That no hemp shall be accounted merchan[d][f]able 
within the intent of this act, but such as shall be bright, well cured and 
water-rotted, of four foot at least in length, and cleansed fit for use, 
and so certified under the hand of one of more surve3'or or surveyors, 
to be appointed as aforesaid. And such surveyors shall have an oath 
administrcd unto them by the governour, or any two members of the 
council, of the tenour as is by law already provided. And no person 
shall be intituled to the aforesaid praemium until[l] he hath made oath 
before the treasurer of the province, Avho is hereby impow[e]red to ad- 
minister the same, that the said hemp is bona fide the produce and 
growth of this province, and that he nor any other person has received 
the above said pra^mium for the same, or any part thereof. 

Provided, 

[Sect. 3,] That this act shall continue and be in force for the space 
of ten years, and no longer. [_Passed December 20. 



CHAPTER 20. 

AN ACT FOR HOLDING AND KEEPING A SUPERIOUR COURT OF JUDICA- 
TURE, COURT OF ASSIZE AND GENERAL GOAL DELIVERY, WITHIN 
AND FOR THE COUNTY OF HAMPSHIRE. 

Be it enacted by the Lieutenant-Governour, Council and Ecjoresentatives 
in Genercd Court assembled, and by the authority of the same, 
Superior court [Sect. 1.] That there shall be a superiour court of judicature, court 
restorc".^^ ^'^^ of assizc and general goal deliver}*, held and kept at Springfield for 
1G&2.3, chap. 33, j-j^g gri|(j couuty of Hampshire, on the second Thursday in August, 
1693-4, chap. 11, yearly, and in every j'ear, as by the law for establishing a superiour 
^^' court of judicature, court of assize and general goal delivery within 



{"4th Ses8.] Peovince Laws. — 1715-16. 29 

this province is directed and appointed ; any act or law since made to l^^p-™'^' ^'^^p- 
the contrary notwithstanding, which is hereby repealed. 1703-4, chap. 8. 

And be it further enacted by the authority aforesaid^ 
[Sect. 2.] That all appeals, reviews, recognizances, informations 
warrants, or other process which should have been heard and trj-ed 
at the snperiour court of judicature, court of assize and general goal de- 
Jivery, at Springfield, for the said county of Hampshire, on the second 
Thursday of August last past, but were discontinued by reason of the 
courts not being held and kept at the time aforesaid by law prefixed, be 
and hereby are revived, continued and adjourned over, and may be 
pleaded, heard and proceeded upon at the next superiour court of 
judicature, court of assize and general goal delivery within and for 
the county of Hampshire aforesaid. And all ijart[y][/(?]s that had day 
by any pleas, writ[t]s, bills, actions, suits, plaints, process, pra?cepts, 
recognizances, or other thing or things whatsoever, that are in the said 
court discontinued, as aforesaid, shall respectively appear at such next 
court to be holden in and for said county, under the penalty of forfeit- 
ing an}' bonds, obligations or recognizances for the appearance of the 
said part[y][«e]s, or any other penalty that might have incurr'd on the 
said part [3'J [«■(?] s for not appearing at the said court continued, as afore- 
said, if the same had been held and kept. \_Passed December 20. 



CHAPTER 21. 

AN ACT TO PREVENT THE UNNECESSARY JOURN[E]YING OF THE REP- 
RESENTATIVES. 

Whereas of late there has been too great neglect in the sheritTs, in 
not tak[e]ing due care seasonably to disperse to, and among the several 
towns, the proclamations for adjourning, prorogu[e]ing and dissolv[e]- 
ing the great and general courts or assembl3's, whereby many of the 
members of the said court have been put to unreasonable trouble and 
expeuce ; for remedy whereof, — 

Be it enacted by the Lieutencmt-Governoxir, Council and Representa- 
tives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That the secretary shall from henceforth, immediately Represcnta- 
after any such prorogation or dissolution of the great and general court ecTnabiy'notific.i 
or assembl}', cause a sufficient number of the said proclamations (the "^.^^oa the gen- 
same being first printed off) to be safely conveyed and delivered to the joiirned, pro- 
sheriff of the county of Suflblk, who, upon recei[p]t thereof, shall g^f^"'^^^' °'" ^'^" 
forthwith take care that the several towns within his precinct be served 
with the same, and shall likewise use the best method he can that the 
several sheriffs within this jirovince have, each of them, so many of the 
said proclamations as may be needful[l] for their notifying the inhabi- 
tants of each tov^■n within their several precincts, who are hereby alike 
enjoyncd, upon the recei[j:)]t thereof, efiectually to disperse the same to 
every of the towns, for the ends aforesaid. And every sheriff shall be 
allowed and paid for his trouble and charge in sending out the afore- 
said proclamations, out of the county treasury, what shall be adjudged 
reasonable b}' the court of general sessions of the peace : the sheriff 
of the county of Suflblk to be paid, for transmitting the proclamations 
to the other sheriffs within this province, out of the publick treasury. 

[Sect. 2.] And every sherifi' neglecting his duty in any of the par- rcnaityon 
ticulars before mentioned, shall forfeit and pay the sum of twenty -five i,'g\^*ejr"d?uj\*" 
pounds, to be recovered by bill, plaint or information in any of his 



30 



Peovince Laws. — 1715-16. 



[Chap. 22.] 



majesty's courts of record, the one-half [e] to be for and towards the 
support of the government, and the other half [e] to him or them that 
shall inform and sue for the same. 

[Sect. 3.] This act to continue and be in force for the space of 
three years, and no longer. [Passed December 20. 



CHAPTEE 22. 

AN ACT FOR THE BETTER REGULATING OF TOWN AND PROPRIETARY 

MEETINGS. 



1692-3, chap. 28. 



Moderator to be 
chosen by the . 
majority of 
votes. 



Penalty on per- 
sons speaking 
without leave 
from the mod- 
erator. 



Town treasurer 
to recover the 
fines. 



Ten or more 
freeholders 
may de.sire a 
iowu meeting. 



Whereas, by reason of the disorderly carriage of some persons in 
said meetings, the affair and business thereof is very much retarded 
and obstructed ; for preventing whereof, — 

Be it enacted by the Lieutena^it-Govcrnoiir, Council and Representa- 
tives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That at every such meeting a moderator shall be first 
chosen by a majority of votes, who shall be thereby impow[e3red 
to manage and regulate the business of that meeting. And when 
it shall so happen that any matter remains doubtful[l] after a ^'ote, the 
moderator is hereby directed and required that the same be decided by 
the poll, if seven or more desire it, presently after the vote is called in 
question : in proprietary meetings the said polls to be numbred accord- 
ing to their interest. 

And be it further enacted, 

[Sect, 2.] That no person presume to speak before leave first ob- 
tained from the moderator, nor when any other is orderly speaking, 
and that all persons be silent at the desire of the moderator, under the 
penalty and forfeiture of five shillings for every breach of such order. 
And if any person being, by the moderator, notif[i'][3^]ed of such 
ofi'ence, shall still persist in the same, that then the moderator shall 
order such person to withdraw from said meeting, and such offender, 
upon his refusal thereof, shall forfeit and paj^ the sum of twenty shil- 
lings ; the respective forfeitures to be recovered by the town treasurer 
of such town wherein any of the aforesaid offences shall be committed, 
before any one or more of his majesty's justices of the peace for the 
county wherein such town l[*][y]es, to be disposed of, the one half[e] 
for the use of the poor of said town, the other half [e] to the said town 
treasurer. 

A)id be it further enacted, 

[Sect. 3.] That when and so often as ten or more of the freehold- 
ers of any town shall siguif [ie][y] under their hands to the selectmen 
their desire to have any matter or thing inserted into a Avarrant for 
calling a town meeting, the selectmen are hereliy required to insert the 
same in the next warrant they shall issue for the calling a town meeting ; 
and that no matter or thing whatsoever shall be voted or determined 
but what is inserted in the warrant for calling said meeting. 

Provided, 

[Sect 4.] That town meetings for choice of representatives be 
regulated by the selectmen, as is ordained in the fourth year of King 
"William and Queen Mary. \^Passed December 22. 



[4x11 Sess.] Province Laws. — 1715-16^. 31 



CHAPTER 23. 

AN ACT IN ADDITION TO THE ACT INTITULED "AN ACT FOR THE REGU- 
LATING OF TOWNSHIPS, CHOICE OF TOWN OFFICERS, AND SETTING 
FORTH THEIR POWER," MADE AND PASSED IN THE FOURTH OF WILL- 
I AM AND MARY. 

Be it enacted and declared by the Lieutenant-Governour, Council and 
Tiepresentatives in General Court assembled, and by the authority of the 
same. 

That where any person is convicted of the breach of a town order or 1692-3, chap. 23. 
by-law, before a justice of the peace, and neglect or be unable to pay 
their fine, that in ever^^ such case it shall and may be lawful[l] to and 
for such justice to order such person or persons either to stand commit- 
ted to the goal of the county by the space of twenty-four hours, and 
not exceeding five days, or be set in the cage or stocks not exceeding 
the space of four hours. [^Passed December 20. 



CHAPTEE 24. 

AN ACT IN ADDITION TO AN ACT ENTITULED "AN ACT FOR THE SET- 
TLEMENT AND DISTRIBUTION OF THE ESTATES OF INTESTATES,'" 
MADE AND PASS[£]D IN THE FOURTH YEAR OF THE REIGN OF KING 
WILLIAM AND QUEEN MARY. 

Be it enacted by the Lieutenant- Governour, Council and Bepresentatives 
in General Court assembled, and by the authority of the same, 

That where two or more have letters of administration granted them 1692-3, chap. u. 
of any intestate's estate, and one or more of them take all or the great- 
est part of such estate into his or their hand or hands, and refuse to pay 
the debts or funeral charges of such intestate, or come to an accompt 
with the other administrator, that then and in such case it shall and 
may be lawful [1] for such administrator aggrieved, to bring his action 
of accompt against the other administrator or administrators, of the 
estate of the intestate in his or their hands, and recover his proportion- 
able part or share of such intestate's estate as shall belong or appertain 
unto him, after debts, funeral charges and other dues of the intestate's 
are fully satisfyed and paid ; any law, usage or custom to the contrary 
thereof in any wise notwithstanding. \^Passed December 22. 

Notes. — There were four sessions of the General Court this year. No acts were passed 
at the third session. The fourth session was continued, by several prorogations, to April 
2-5, 1716, Init was dissolved, by proclamation, April 16th; the Court not having met after 
Dec. 22, 1715. • 

The cngi-ossments of all the acts of this year are preserved. Chapters 8, 9, 10 and 11 
were not printed with the sessions acts. 

On the 21st of May, 1718, the Board of Trade met, and considered the acts from chapter 
12 to chapter 24, inclusive, minuting "no objection" against all but chapter 14 (which, 
with chapters 12 and 13, was ordcrcdto " lie l)y "), and chapters 15 and 16, against which 
appears the following entry : " No other 01 ycction but remark to the Gov'" the Instiiiction 
about Fines & Forfeitures being gi-antcd to the Cro^\'n." The objections of the Board to 
chapters 15, 16 and 20 were communicated to Governor Shute in the "observations" ac- 
companying their letter to him, dated June 4, 1719, extracts from which are given in the 
notes hereunder made to those chapters, respectively. 

All the acts of this year, except chapters 8, 9, 10, 11, 18 and 21, were included in a list of 
acts described as acts "passed at New England since the King's accession, which have not 
been already considered by the Board." These were submitted to Mr. Richard AVcst, " for 
his Opinion thereupon, in point of Law," by an order of the Board dated Oct. 15, 1724. 
On the 19th of May following, Mr. West made his report that, to all these acts, he had 



32 pROVixcE Laws. — 1715-16. [Notes.] 

"no objection to theiv being pass'd into Law," witli the following endorsement : " It does 
not appear that these acts were ever presented to ye Crown for Coutirmation, and, conse- 
quently may be repealed yet, if thought advisable." 

Chap. 4. " June 2oth 1716. The following Resolve, pass'd in the House of Represent™' 
Read & Concur'd ; viz, — 

Resolved that the Sum of Fifty Pounds be allowed & paid out of the publick Treasury 
for the Hire of a Person to take care of the Light House for the first Year, to begin when 
the Lights are set & kept up ; 

And the Committee ap))ointed to take Care of the Building of the Light House are de- 
sii'ed to procure a suitable Person to keep it : — 

Consented to : Wm Tailer." 

— Council Records, vol. X., p. 93. 

" Xovcnib'' 22, 1720. A Petition of John Hayes Keeper of the Light House at Beacon 
Lsland shewing th?.t he is necessitated for the fiuthful Discharge of liis Office to Hire two 
Men constantly to Attend that Service as well as himself, So "that after Mens "Wages are 
paid & Provisions are .supplied them the Petitioners allowance is not sufficient to give 
him self and Family a Support, and inasmuch as it may have been Represented thaf his 
Profits are considerable by Giving Entertainment on the Island That he has found the 
same prejudicial to him self as well as to the Town of Boston, & therefore he has left olf 
Giving Entertainment for the last Twelve Months, And that for the Attair of Pilotage, In 
the Summer Season, almost every Fisher-Man or Boat Man as they meet with in the Bay, 
Pilot the Ships in. And that his Benefit by Pilotage is by that means very inconsidei-aljle, 
And therefore Praying that some sufficient Addition maj^ be made to his Salary, That it 
may be what is necessary for his Support. 

In the House of Representees Nov. 21. 1720. In answer to this Petition; Resolved that 
the Sum of Seventy Pounds be allowed & paid out of the publick Treasury to the Petitioner 
for his Service the Year coming To be Paid Quarterly, as it becomes due. 

In Council ; Read & Concur'd : — Consented to. Sam'-i- Shute." 

— Ibid., vol. XL, 2}. 7-1. 

" Right Hon'''e — Understanding there is lately past in the General Assembly of the 
Province of the Massachuscts Bay in New England an Act for the ei-ecting a Light House 
on that Coast laying a tax on the shiping comcing in and out there for the niaintain- 
ance of it and that one of the most material matters necessary for the preservation of His 
Maj'-es ships and all strangers comeiug in and out on that Coast is wholy neglected in the 
said Act 

I made a Representation of that Neglect and the ill consequence that will thereby at- 
tend His iSIaj''es service to the Right Hon'^'" the Lords of the Admiralty and have it m 
command from them to attend j'om- Lordships about that matter, the said Act being be- 
fore your Hon'j'o Board in order to have the Royal approbation. 

I pray your Lordships that before the said Act be suffered to pass, your Lordships will 
please to heare reasons against it why it ought to lie rejected nntil it shall be amended. 

And that I may be permitted to have timely notice when yom* Lordships will please to 
be waited on by Right Honi"'* 

Your Lordships most obedient Serv' 

Thomas Coram. 

Received 2o May 1716 Read 1 June." 
—Thomas Coram to Lords of Trade, 25 Maij, 1716. 

"Whitehall, Friday June lo''' 1716 

At a Meeting of his Majesty's Conuniss'-* for Trade and Plantations Present S' Jacob 
Astley, M'' Cockburne, M' ChetA\ynd, M^ Cooke, M'' Docminique. 

********** *** 

M' Coram attending and acquainting their Lordships that he had several objections to 
make against An Act passed in the ^lassachnsets Bay in 1715 for building and maintain- 
ing a Light House, kc, the said Act laying a tax upon t.ie shipping of this Kinirdoni & 
making no provision for pilots, which are nnich wanted on that Coast, lie was desired to 
put his objections in writing as soon as he could in order to the Boards considering there- 
of." — Trade-papers, vol. 20, p. 17, in Public Record Office. 

Chap. 5. " Juno 20, 1716. The following Resolve pass'd in the House of Representa- 
tives read and concur'd; viz. AVhercas there is a difiercnt understanding of the sence of 
the Law, respecting the choice of the Register of Deeds in the sev" counties, some appre- 
hending that such election is not duly performed, unless some one person have the major 
part of the voters, in which scncc, the performing of the said election may be very diffi- 
cult, and require the assembling of the inhabitants of the several towns of the County 
divers times before such election is made. 

Resolved that the person that has the greatest number of votes for Register, as afore- 
said, is duly chosen unto that office : Consented to, W-^^ Tailer." 
— Council Records, vol. X.,j). 86. 

" June 8''' 1716. The following Order pass'd in the House of Pi.epresent™s Read & Con- 
cur'd; Viz, 

Upon Reading the Representation & Complaint of Edmund Goffe Esq'' Representative 
for Cambridge, Setting furth, That the said Town of Cambridge is the Sliire Town of the 
County of Middlesex, and that liy a late Law of this Province entitled An Act for the 
more safe Keeping the Registry of Deeds & Conveyances of Lands, It is Enacted that there 
shall be chosen in each County within this Province some discreet & suitable Person, &c. 
to be Register in such County, And that at the Quarter Sessions of the Peace held at 
Charles-town within & for the said County of Middlesex, the Choice of the said Officer 
was declared & the Person sworn &c.. But no Care has been taken that a publick Office 
be opened & kept at Cambridge, the Shire Town of the said County of Middlesex, as in L 



[Notes.] Province Laws.— 1715-16. 33 

by the said act is directed, Praying that the publick office for Registi-ing of Deeds, & Con- 
veyances of Land for the said County may be forthwitli open'd & kept at Cambridge. 

Upon the Motion of the Representatives of the Town of Charles-town, who afiii-m'd the 
said Town to lie the Shire Town ; 

Ordered that they receive a Copy of this Petition and that they may be heard before 
this Court in Answer thereto on Thursday next: Consented to WM Tailer" 

— Ibid., 2}- 71. 

" June 15"» 1716. The following Resolve pass'd in Council ; Viz, Upon a Hearing of 
the Towns of Cambridge & Charfestown as to their respective Claims of being the Shu'e 
Town of the County of Middlesex; 

Resolved that Cambridge is the Shu-e to^Ti of the said County ; Read and non-con- 
cuiTcd by the Representatives." 
— Ibid., p. 16. 

" June 13, 1717. The following Resolve pass'd in Council, and concur'd by the Repre- 
sent^'^s; viz, — 

Upon a hearing yesterday of the to\vns of Cambridge and Charlestown as to their re- 
spective claims of being the shire town of the County of Middlesex : — 

Resolved that Cambridge is the Shke Tovra of the said County. 

Consented to : SamiJ" Shute." 

—Ibid., p. 162. 

" June 14, 1717. The following Resolve pass'd in Council, and concur'd by the Repre- 
sent^'^s, viz, — . 

Resolved that pursuant to an Act entitled an Act for the more safe keeping the 
Registry of Deeds and Conveyances of Lands made and pass'd at a session of the Great 
and Gen" Coui-t or Assembly at Boston the 2.5"' of May 1715, That the public Office for 
Registring of Deeds or Conveyances of Lands for the County of Middlesex, be forthwith 
opened and kept at the Shire Town of Cambridge ; and that all deeds and conveyances of 
lands that have been recorded in the Office at Charlestown since the making the aforesaic' 
Act, notwithstanding their being there recorded, be declared and hereby are made good 
and valid to all intents and purposes in the Law whatsoever ; any law, usage, or custom 
to the contrary notwithstanding : — Consented to, Samll Shute." 

—Ibid., p. 163. 

Chap. 8, § 15. " July 30. 1715. The following Order pass'd in the House of Repre- 
sent^<^s Read & Concur'd; viz, — 

"Whereas It is Enacted in the Act for Granting to his Majesty several Rates and Duties 
of Impost & Tunnage of Shipping; viz. That there shall be paid by the Master of every 
Ship or other Vessel coming into any Port or Poi'ts of this Province to trade or traffick, 
the Major Part of the Owners whereof are not belonging to this Province Except such 
Vessels as belong to the Provinces or Colonies of Pensilvania, West & East Jerseys, New 
York, Connecticut or Rhode Island, every Voyage such Ship or Vessel docs make, the 
sum of Eighteen pence per Tun or One Pound of good, new Gun Powder, for cveiy Tun 
such Ship or Vessel is in Burthen, to he paid unto the Commissioner or Receiver of the 
Duties of Impost & to be employed for the Supply of His Majestys Forts & Castles with- 
in this Province. 

Ordered that it be an Explanation of the said Act, That the said Dutj is not to be 
paid for such Port or Ports, of any Ship or other Vessel that is owned by any Person or 
Persons inhabiting this Province : & that it be an Instruction to the Officer of Impost to 
govern himself accordingly. Consented to, J.Dudley. 

— Council Records, vol. IX., p. 416. 

Chap. 11. "July 29, 1715.— The following Order pass'd by the Represent^«% Read & 
Concur'd; viz. 

An Act for Apportioning & Assessing a Tax of Eleven thousand Pounds on Polls and 
Estates; AVhich with the Sum of Two thousand Pounds in the Treasury, Two thousand 
Pounds Interest of the Loan ISIoney & Seven thousand Pounds by the Impost, Excise 
and Tunnage of Shipping pass'd this present Session will make up the Sum of Twenty 
two thousand Pounds, Pursuant to the Funds & Grants made to her late Majesty by this 
Court at their Several Sessions in November 1710 & May 1711. 

Ordered that the Preamble to the Tax Bill to be pass'd this Session be formed agree- 
able to the above mentioned Minutes : And that a Bill be drawn accordingly, as expedi- 
tiously as may be. Consented to, J. Dudley." 
— Council Records, vol. IX., p. 414. 

"June 11. 1716. The following Order pass'd in the House of Represent''«s Read & Con- 
cur'd; Viz., — 

Whereas upon Examination it is found that the Funds for Bringing in the Twenty two 
Thousand Pounds that was formerly granted to be levied the last May Session, fell short 
the Sum of Three Thousand five Hundred seventy two Pounds three Shillings & one 
Penny. 

Ordered that the Interest of the Fifty Thousand Pounds of Bills of Credit lent by this 
Province not yet paid into the Treasury be granted & appropriated for the Making good 
of the said Deficiency so far that the first" Three Thousand five Hundred seventy two 
Pounds three Shillings & one Penny thereof that shall be paid into the treasury by the 
Trustees for the said Loan shall be applied & improved to discharge the same There be- 
ing as yet but nine Hundred & three Pounds three Shills^ & two Pence of the s^ Interest 
paid into the Treasuiy. Consented to, WM Tailer." 

—Ibid., vol. X., p. 72. 

Chap.\5. "We have no other Objection to the Act entituled. An Act in^ddition to the 
Act agaitist counterfeiting the Bills of Credit of this Province, passed 3rd Queen Anne, 

5 



34 Peovikce Laws. — 1715-16. [Notes.] 

***** but that by your Instructions Fines & Forfeitures are reserved to tlie Crown, 
but .by these Acts the Forfeitures are reserved and applyed to particular uses." — ^^Observa- 
tions," by Lords of Trade, to Governor Shute, June 4, 1^19. 

Chap. 16. " We have no other Objection to the Act ***** entituled An Act in fur- 
ther addition to the Act for encouraging the Killing of Wolves, tnade in the 6th of King 
William lV Queen Martj,'\yi\t that, by your Instructions, Fiites & Forfeitures arc reserved 
to tlie Cr6\\-n, but by these Acts the Forfeitures are reserved and applyed to particular 
uses." — Ibid. 

Chap. 20. "As to the Act for holding Sf keeping a Superiour CouH of Judicature, 
Court of Assize and general Goal Deliverg tcithin and for the County of Hampshire, the 
first clause in this Act restores the Superiour Court of the County of Hampshire which is 
to sit every 2d Thursday in August, yearly according to the Laio for establishing a superi- 
our Court of Judicature, S^c, which Law we find was passed in" 1699, but then the same 
Clause goes on, any Act or Law since made to the contrary notwithstand-'. As we do 
not find any Act since 1C99, that seems to relate to this matter. We cannot understand 
what Law is repealed by this, which is what you ought particularly to have explained 
to us, that we might the better be enabled to lay our opinion before his Majesty." — Ibid. 
•' To the Eight Honourable the Lords Comni-'s of Trade and Plantations 

My Lords, In obedience to Your Lordshipps commands I have perused and considered 
an Act pass'd in the Province of the Massachusetts Bay in Kew England in one thousand 
seven hundixd and fifteen entituled An Act for holding and keeping a superior Court of 
Judicature, Cowt of Assize (Sr Generall Goal delivery tciihin S; for the County of Hampshire, 

This Act is for the establishing a Superiour Court of Judicature, Assize & Generale 
Goal delivery within and for the County of New Hampshire. In relation to which I must 
observe, that the power of erecting Courts of Judicature, &'^, is the unalterable perogative 
of the Crown and therefore this establishment by the Assembly of New England cannot 
be valid, any otherwise than as it is conformable to their Charter, which is'the source of 
all their power. By the Charter of King William and Queen Mary the Generall Assem- 
bly are Impowered not to establish Courts generally but to erect &'constitute Judicatories 
& Courts &= to be held in the name of the King his heirs & Successors. It is true that 
the Act to which it refers 11 W"> 3, is in the same manner and that Act is said to be con- 
firmed But with submission to Your Lordshipps I imagine it to have been an oversight 
that it was so. Since it may be made a question upon the words of the Act (which when 
confirm'd may perhaps dispute authority Avith the Charter) whether they are obliged to 
hold their Courts in the King's name or not, since there is no provision for that purpose. 

I doubt not but their Judiciall Proceedings do rim in the King's name but yet there 
seems to be a kind of industry to avoid naming the King even "upon those occasions 
where there is a kind of legall necessity that they should : As in this Act where the direct- 
ing of Courts generally to be held is not a pursuance of that authority I before mentioned 
to bee granted by the Charter Tho' I do not object directly to the passing of this Act yet 
I thought it proper to submitt this Observation to Yom- Lordshipps." — Report of Mr. West, 
to Board of Trade, May 19, 1725. 

(a.) "Au^tst 25. 1715. The following Resolve pass'd in the House of Represent''" ; 
Viz, — 

This house having on the 29"» of July, in their last Session, Voted that the Sum of Four 
thousand Pounds of the Bills of publick Credit on this Province be Emitted by the Treas- 
urer for Support of the Govemm' for Payment of Grants, Salaries & Allowances made or 
to be made by this Court &c. ; Which said Grant was then Non Concur'd by the Honbia 
Board ; — For the Reviving therefore of the said Grant And that this House may again 
shew their Readiness to supply the Treasury ; 

Resolved that the Treasurer be and hereby Is directed & impowered to Issue forth & 
Emit the Sum of Four thousand Pounds of the Bills of publick Credit on this Province 
that are or shall be received into the Treasury, for Payment of the publick Debts of the 
Province already contracted for Defence & Support of the Government & the necessary 
Protection & Preservation of the Inhabitants of this Province & for Subsisting of Forts & 
GaiTisons & Wages arising for their Service (But the Fort at Casco Bay for no longer time 
than the first day of October next) for Payment of Grants, Salaries & Allowances made 
& to be made by this Court according to such Draughts as shall from time to time be 
made on him, by Warrant or Order of the Governor by & with the Advice & Consent of 
the Council: And the said Bills shall pass out of the Treasury at the Value therein ex- 
pressed, equivalent to Money & shall be taken & accepted in ail publick Payments at the 
Advance & after the Rate of Five Pounds per Cent more : 

And as a Fund and Security for the same. There be & herebj' is gi-anted to His Most 
Excellent Majesty (to the Ends & Uses as aforesaid) a Tax of Four thousand Pounds 
to be levied upon Polls & Estates both Real & Personal within this Province according to 
such Rules & in such Proportion upon the several Towns and Districts within the same as 
shall be Agreed on & Ordered by the Great and General Court or Assembly of this Prov- 
ince at their Session in May 1722 and paid unto the Treasury on or before the last Day 
of December next after. 

Read & Concurr'd with the following Amcndm' Added to the Clause therein relating to 
Casco Fort, — Provided the new Fort at Pcjebscot be then in a Readiness to receive the 
Fifteen Men appointed by this Govemm' & the necessary Stores. 

Which Amendment was^not Agreed to by the Reprcscnt^'^^ But, 

Oedeeed that the Resolve of the House"))e insisted on. 

Resolved that the Board, do adhere to their former Amendm' to the Vote of the Rep- 
resent^<^3 For that the Board are of Opinion That the Fort at Pcjebscot will not be in 
Readiness to receive the Men & Stores necessary for its Defence by the Time limited." 
— Council Records, vol. IX., p. 418. 



[Notes.] Province Laws. — 1715-16. 35 

" Aug. 27, 1715. The Resolve of the House of Represenf*' of the 24 CuiTant being 
read, Concur'd with ; only extending the Limitation relating to Casco Fort to the first of 
Novem"' next ensuing; & Ordered that the Undertakers to build the Fort at Pejebscot be 
directed with utmost Speed & Diligence to proceed in that Affair & accomplish it by the 
Time, that so it may be capable to receive & entertain the Men & Stores, proposed & that 
if it be not possible to build & finish the said Fort at the time, according to the Order of 
this Court, then what is wanting, to be made up by Stocliadoes to make it secure & defen- 
sible until the Season will allow the Stone Work to be finished. 

Concur'd by the Representatives. Consented to, J. Dudley." 

—Ibid., p. 420. 

(b.) "Dec. 21, 1715. In the House of Representatives ; Resolved that the Treasurer 
be & hereby is Directed & Impowered to issue forth & Emit the Sum of Four Thousand 
Pounds of the Bills of publick Credit on this Province that are or shall be received into 
the Treasury for Payment of the publick Debts of the Province for the Defence & Support 
of the Government & the necessary Protection & Preservation of the Inhabitants of this 
Province, And for the Subsisting of Forts or Garrisons & Wages arising for their Service, 
And for Payment of Grants, Salaries & Allowances made & to be made by this Court, 
According to such Draughts as from Time to Time shall be made upon him by Warrant 
or Order of the Goveniour or Commander in Chief for the Time being by & with the 
Advice & Consent of the Council, And the said Bills shall pass out of the Treasury at the 
Value therein express'd equivalent to Money And shall be taken & accepted in all pub- 
lick Payments at the Advance & after the Rate of five Pounds per Cent more. 

And as a Fund & Security for the same There be & hereby is gi-antcd unto his most Ex- 
cellent Majesty to the Ends & Uses as aforesaid A Tax of Four Thovisand Pounds to be 
levied upon Polls & Estates both Real and Personal in this Province according to such 
Rules & in such Proportion on the several Towns & Districts within the same As shall be 
Agi'eed on & Ordered by the Great & General Court or Assembly of this Province at their 
Session in May Aniio 1719 : & paid into the Treasury on or before the last Day of Decem- 
ber next after. 

In Council Read & concur'd : Consented to : J. Dudley." 

— Ibid., vol. X., pp. 45-6. ■ 



ACTS, 

Passed 171 6 — 1 7. 



[37] 



) 



ACTS 

Passed AT the Session begun and held at Boston 
ON THE Thirtieth day of May, A.D. 17 i6. 



CHAPTEE 1. 

AN ACT FOR GRANTING UNTO HIS MAJESTY AN EXCISE UPON WINES, 
LIQUOR, AND OTHER STRONG DRINK, SOLD BY RETAIL. 

"We his majestie's most lo3^al and dutiful subjects, the representatives 
of the province of the Massachusetts Bay, in general court assembled, 
being desirous to lessen the present debt of the province by drawing in 
a number of the bills of credit, in pursuance of the several grants of 
this court in the year 1711,* have chearfully and unanimously granted, 
and do hereby give and gi-ant unto his most excellent majesty, for the 
ends and uses abovementioned, and for no other uses, an excise upon 
all brandy, rhum, and other spirits distilled, upon all wine, cyder and 
perry whatsoever, sold by retail in this province ; to be raised, levied, 
collected and paid, by and upon every taverner, innholder, common vic- 
tualler and retailer within each respective county in manner following : — 

Aiid be it accordingly enacted by the Lieutenant-Governoui\ Council 
and Representatives in Gener'al Court assembled, and by the authority of 
the same, 

[Sect. 1 .] That from and after the twenty-ninth day of June, one Time limited. 
thousand seven hundred and sixteen, for and during the space of five 
years, every person licensed for i-etailing brand}^, rhum, or other spirits, 
wine, cyder or perry, shall pay the duties following ; viz., — 

For every gallon of rhum, brandy, and spirits distilled, Fees stated. 

eightpence, £0 Os. 8d. 

For every gallon of wine of every sort, sixpence (a pipe 

of wine to be accounted one hundred gallons) , . . 6 
For every barrel of cyder and perry, one shilling, . . 10 

— and so proportionably. 

And it is further enacted by the authority aforesaid, 

[Sect. 2.] That there be one commissioner or more, in each coun- Commissioner 
ty, appointed by the general court, or bj^ the general sessions of the "ppomted. 
peace where it shall happen that such commissioner refuse to accept 
said office, or be removed by death, &c., to take charge of this duty of 
excise, who shall have power to inspect the houses of all such as are 
licensed, and of such as are suspected to sell without license ; which 
commissioner shall be upon oath to take care of the due execution of 
this law, and to prosecute the breakers of it, and shall have power to 
appoint underoflicers upon oath. And the said commissioner shall 
carefully examine the accompts of every licensed person in his respec- 
tive county, and demand, sue for, and receive the several sums due 

* Notes to 1711-12, resolves (a), (b), (c). 

[39] 



40 



Province Laws. — 1716-17. 



[Chap. 1.] 



Five per cent 
for collecting. 



Account to be 
taken. 



Within six 
months, account 
to he delivered. 



Twenty per 
cent leakage. 

General ses- 
sions to take 
recognizance. 



Strangers and 
travellers. 



Forfeiture of 
ten pounds. 



Houses not 
licensed. 



Persons refus- 
ing to giv6 
evidence. 



Persons refus- 
ing to renew 
license. 



from them by this act, and the same shall pay into the pnblick treasury 
of this province, and shall be allowed five per cent on all money b}' 
him collected and paid into the treasury as aforesaid ; each commis- 
sioner to give bond to the justices at their first general sessions for the 
peace in their respective counties, -^vith sufficient security, for the faith- 
ful discharge of his duty and that they will duely pay in the money 
he shall collect, to the treasurer of this province for the time being. 

And be it further enacted, 

[Sect. 3.] That eveiy taverner, innholder, conmaon victualler and 
retailer, shall after the twenty-ninth day of June, or within twenty-four 
hours after he or they shall be notified by the commissioner, take an- 
exact account of all rhum, brandy and other distilled spirits, wine, 
cyder and perry theu by him, and give an account of the same to the 
commissioner upon oath (the like account to be given by such others 
as shall be licensed during the continuance of this act) of what brandy, 
rhum, and other distilled spirits, wine, cyder and perry they shall have 
at the time of their license. 

[Sect. 4.] That every taverner, innholder, common victualler and 
retailer, shall make a fair entry in a book of all such rhum, brandy, dis- 
tilled spirits, wine, cyder and perry, as he or any for him shall buy, dis- 
till, or take in for sale, after such account taken, and at the end of 
every six months deliver the same unto the commissioner, upon oath, 
and pay him the dut^- thereof, excepting such part as the commissioner 
shall find is still remaining by him ; twenty per cent being to be allowed 
for leakage and other waste, for which no duty is to be paid. 

Sect. 5.] That the justices in their general sessions of the peace, 
be and hereby are directed to take sufticient recognizances of all per- 
sons by them licensed, and that it be inserted as one condition in the 
recognizance, that he shall render the above account upon oath. 

[Sect. 6.] That every taverner, innholder, or common victualler, 
that shall be licensed to sell as abovesaid. shall be provided with good 
lodging for strangers, according to the direction of the law, and shall 
also be obliged to keep good strong beer in his house for the supply of 
travellers and others, upon forty shillings forfeiture for every neglect. 

[Sect. 7.] That every person who shall presume to sell brandy, 
rhum, or other distilled spirits, wine, cyder, perry, beer, or any other 
strong drink without license first had and obtained from the general 
sessions of the peace, shall for every otfence forfeit the sum of ten 
pounds, one-half to the poor of the town where the offence is com- 
mitted, the other half between the commissioner and any other who 
shall inform him of the same, or suffer such other punishment as the 
law directs. 

[Sect. 8.] That when and so often as it shall be observed that there 
is a resort to houses suspected to sell strong di-ink without license, 
any justice of the peace shall have full power to convene such persons 
before him, and examine them on oath of the person suspected selling 
or retailing strong drink in such houses, and on just ground to bind 
over the person transgressing and the witnesses, to the next general 
sessions of the peace for the couut}^ where such offence shall be com- 
mitted. 

Be it further enacted by the authority aforesaid^ 

[Sect. 9.] That any person refusing to give evidence as aforesaid, 
shall be lyable to the same penalty that the persons convicted for selling 
of drink without license are lyable unto, and shall enter into recognizance 
to answer it at the next general sessions of the peace, in the county 
where such contempt is offered. 

[Sect. 10.] That every taverner, innholder, common victualler or 
retailer, who shall refuse to renew his license at the time b}' law 



[1st Sess.] PEOVI^x•E Laws. — 1716-17. 41 

appointed, and to give bond to pay the duty's of this act, shall be 
afterwards excluded during the continnance of this act. 

[Sect. 11.] That every taveruer, innholder, common victualler or innhoider, &c., 
retailer who shall be found to give a false account knowingh- of any fccount'. '''^^'^ 
brandy, distilled spirits, wine, cyder or peny by him at the time, or 
bought, distilled or taken in for sale after his license is renewed or new 
gi-anted, or refuse to give in an account on oath as aforesaid, shall he 
rendred uncapable of having a license afterwards, and shall be prosecuted 
by the commissioner for his neglect, and fined by the general sessions 
of the peace to pa}" such sum of money as thej' may conclude that the 
excise of the liquors, &c., by him sold within such time would have 
amounted to. 

[Sect. 12.] And all fines, forfeitures and penalties arising by this Fines and for. 
act shall be recovered by bill, plaint or information, in any of his maj- ^ipjg'^apf.^ 
estie's courts of record within the respective counties where the offence 
shall be committed. \_Passed June 21. 



CHAPTER 2. 

AN ACT FOR THE MORE EFFECTUAL DISCOVERING OF THE RATEABLE 
ESTATES WITHIN THIS PROVINCE, FOR A JUST AND TRUE VALUATION 
THEREOF. 

Be it enacted by the Lieutencmt-Governour, Council and Representa- 
tives in General Court assembled^ and by the authority of the same, 

[Sect. 1.] That the assessors of each town within this province for Li#tr.r schedule 
the years one thousand seven hundred and thirteen and one thousand ^" ^^^ taken, 
seven hundred and fifteen, or the selectmen in such town where there see 1707, chap, 
were no assessors, do forthwith make out a true and perfect list or '" 
schedule of the estates assessed in the years one thousand seven hun- 
dred and thnteen and one thousand seven hundred and fifteen, as well as 
the number of polls, together with the personal estate and faculties of 
the several inhabitants of each town respectively, and others not rated 
elsewhere ; the same to contain the whole of polls and eitates, &c., ly 
which Ijoth town and province tax were apportioned, in such towns as 
make them distinct ; which list containing an exact number of the polls, 
and a just valuation of both real and personal estate and faculty, shall 
be signed and sworn to liy the major part of the said assessors or select- Valuation of 
men of each town respectively, or so many of them as shall be then sonafestate 
living or remaining in such town, before one or more of his majestie's'^"'^™*'*- 
justices of the peace, or the town clerk in such town where there is no 
justice of the peace, and that they shall likewise certify how much thev 
raised on the pound on all estates, «S:c., then assessed, and that they 
shall further certify all abatements and reimbursements by them made 
in consideration of any person's being overrated. And the said assess- 
ors or selectmen shall transmit the said lists and certifications, sealed 
up, to this court at their first sessions after the twentieth day of Septem- 
ber next. And such assessors or selectmen shall have an oath adminis- 
tred to them by a justice of the peace or tov.u clerk, of the tenor 
■ following ; that is to say, — 

You swear that after your best skill, with all fidelity, you have made this list, Oath, 
and that it is a true aud perfect list of allthe estate and ihculties, and contains a 
just number of polls assest in the year without any augmentation or 

<1iminution, and that the certifications thereto annexed are truh-lind finthfully 
made, according to the true intent and meaning of this act. So help you God. 

and that such oath was so administred to be certified on the said list. 
6 



42 Province Laws.— 1716-17. [Ohap. 3.] 

AssesBorsor [Sect. 2.] And all such towns as cannot return the lists in one 

procurecopies tliousand sGven hundred and thirteen and one thousand seven hundred 
of the tax, &c. and fifteen, by reason of their being mislaid^ destroyed or otherwise not 
to be obtained, in such case the present selectmen or assessors of such 
town shall procure and transmit attested copies of the province rates or 
tax of their respective towns for the years aforesaid, as they were com- 
mitted to the constables to collect (the originals whereof the said con- 
stables, the selectmen, or assessors of those towns, are hereby required 
to exhibit to that end) ; and also shall proceed immediately to make a 
new, fair and just list, under oath, and return the same at the abovesaid 
sessions of this court ; as also the frontier towns that were excused or 
abated by reason of the late Indian war ; and all such towns as have 
been made since the aforesaid years shall make a true list and valuation 
of all their rateable estate and polls, upon oath, as aforesaid, and return 
a list by which their town taxes were apportioned in the aforesaid 
1707, chap. 7. j'cars, with liow much ou the pound, according to an act passed in the 
year one thousand seven hundred and seven, being an act for the better 
inquiry into the rateable estates of the respective towns within this 
jDrovince. 

And, for the better and more effectual execution of this act, — 

Be it further enacted, 

pcnaity'oiTl^uch [Sect, 0.] That if the assessors, selectmen or any other person in 

person as ehaii wliosc custody the aforcsaid lists are, shall neglect and refuse to return 

a^ist,^unless,"™ the Same at the time prefixed, he or they shall forfeit and pay the sura 

*"'• of fifty pounds, unless such person or persons shall, in open court, swear 

that they have not directly nor indirectly been any ways aiding or 

assisting in the concealing or destroying of the aforesaid lists, and that 

they are really ignorant how they are disposed of; and that if the 

present assessors or selectmen of such towns where said lisl s are lost, 

and the assessors or selectmen of towns lately made, or of frontiers 

abated as abovesaid, shall not make return of new lists as abovesaid, 

Fifty poun da they shall likewise forfeit the sum of fifty pounds, unless they shall make 

sufficient excuse to the acceptance of this court : the said fines to be 

recovered by bill, plaint or information in any of his majestie's courts of 

record within this province ; the one-half to his majesty for and towards 

the support of this government, the other half to him or them that shall 

inform and sue for the same. And the town to which such defective 

assessors or selectmen do belong shall be further lyable to be doomed 

at the discretion of this court. \_Passed to he engrossed June 21. 



CHAPTER 3. 

AN ACT IN FURTHER ADDITION TO AN ACT ENTITULED " AN ACT FOR 
MAKING [OF] LANDS AND TENEMENTS L[/][Y]xVBLE TO THE PAY- 
MENT OF DEBTS," MADE AND PASS[£]D IN THE EIGHTH YEAR OF THE 
REIGN OF KING WILLIAM. 

1606, chap. 10. Be it enacted by the Lievtcnayit-Governour, Council and Representa- 

\.i,\b.)~' '*^ ' tires in General Court assembled, and by the authority of the same, 

1712-1.3, chap. 8. [Sect. 1.1 That wlicu any creditor or creditors shall recover 

Cling. iudguient judg[ejment in any of his majesty's courts for any sura or sums of 

iTot sIusM^)?^ money, and costs of suit, !\nd the debtor shall not satisfy the said 

the same'to the judg[e]ment, ill mouey or other estate to the acceptance of the cied- 

ceptance!he itor, lie shall havc execution thereupon, and deliver the same to the 

o'^t- ^ '^ tr ^^^" sheriff [e] of the county where the debtor's lands and houses lye and 

,ou. ' are being, who shall cause three appr[a]izers to be chosen, one I13' the 



[1st Sess.] Pkovince Laws.— 1716-17. 43 

creditor or creditors, another b}" the debtor or debtors (if he or they so ^J^'"j]^g^.Q' 

please), and the third by such sheriff [e] ; and, having taken their oaths 

before any justice of the peace faithfully and impartially to appr[a]ize 

such lands and tenements as shall then be shcAved unto them, as the 

estate of such debtor or debtors, they shall appr[a]ize the same to 

satisfy such execution, with the officer's fees, and set out such lands and 

tenements by metes and bounds ; and the sheriff shall thereupon deliver 15 Mass., 201. 

possession and seizin thereof to such creditor or creditors, or his or ^ Pick., 333. 

their attorney, which being returned and recorded shall be a good title 

to such creditor or creditors : saving equity [of] [&?/] redemption as b}^ 

law is prescribed. 

[Sect. 2.] And when it so happens that lands and tenements can- Equity by re- 
not be divided and set out by metes and bounds as aforesaid, then such <^'^'^pt'°"- 
sheriff [e] shall extend such execution upon the rent of such lands and 
tenements, and give seizin thereof to such creditor or creditors, or his 
or their attorney, and cause the tenant or tenants thereof to attorn [e] 
and become tenant or tenants of such creditor and creditors, and to pay 
their rents to him or them accordingly, or, upon refusal thereof, 'to turn 
such ten [n] ant or ten [n] ants out of the possession thereof, and give 
livery, seizin and possession of the same to such creditor or creditors, 
to hold and enjoy such lands and tenements till such judg[e]ment, in- 
terest and fees be fully satisf [i][y]ed and paid ; reserving thereout the 
widow's thirds or dower, if any be. 

Provided aZtoa?/[e]s, 

[Sect. 3.] That it shall and may be lawful[l] for any such debtor Proviso. 
or debtors, or his or their agent or attorney, at any time or times before 
such judg[e]ment, interest and charges be fully satisf [^■][y]ed, to tender 
and pay to such creditor or creditors the full of his debt, interest and 
charges, who is hereby obliged to accept thereof, and surrender up to 
such debtor or debtors, his agent or attorney, such lands and tenements, 
and deliver up quiet and peaceable possession thereof, any law, usage 
or custom to the contrary thereof notwithstanding. 

Provided alway[^e']s, 

[Sect. 4.] That nothing in this act contained shall extend to the Indian nativee. 
lands owned by the Indian[s] natives of this province. [^Passed June 
19. 



CHAPTER 4. 

AN ACT FOR REVIVING AND FURTHER CONTINUING OF AN ACT ENTI- 
TULED, " AN ACT DIRECTING HOW RATES AND TAXES TO BE GRANTED 
BY THE GENERAL ASSEMBLY SHALL BE ASSESSED AND COLLECTED," 
MADE AND PASSED BY THE GREAT AND GENERAL COURT OR AS- 
SEMBLY AT THEIR SESSION UPON THE THIRTY-FIRST DAY OF MAY, 
ONE THOUSAND SIX HUNDRED AND NINETY-NINE, IN THE TWELFTH 
YEAR OF THE REIGN OF KING WILLIAM THE THIRD. 

Be it enacted by the Lieutenant-Governour^ Council and Representa- 
tives in General Court assembled, and by the authority of the same, 

That the said act and all and singular the paragi-aphs, clauses, articles, 1699.1700, chap, 
directions and powers therein contained, be and hereby are revived. Time limited to 
re-enacted and directed to abide and remain in force, and accordingly J""® ^o, 1717. 
to be exercised, practised and put in execution until the thirtieth day of See iro7, chap. 
June, Anno Domini seventeen hundred and seventeen, and no longer ; ~' 
any law, usage or custom to the contrar}^ notwithstanding. \_Passed ■ 
June 26. 



44 



Peovince Laws. — 1716-17. [Chaps. 5, 6.] 



CHAPTER 5. 



AN ACT RELATING TO THE GREAT BRIDGE IN BILLERICA. 



1699 17O01 chap. 
25. 



Referred to the 
justices of the 
general ses- 
sionaof the 
peace for the 
county of Mid- 
lesex. 



Groton. 



Whereas the agents for the towns of Billerica and Chelmsford, by- 
direction of the said towns in their petition to this court at their present 
session, have shewed forth that there is a great bridge erected over 
Concord River, in the township of Billerica, and that the same bridge 
was built by the towns of Billerica, Chelmsford and Groton, and 
according to a former settlement made by a committee appointed for 
the settlement of the charge of the bridges in the county of Middlesex ; 
but the town of Groton, upon application to this court in 1G99, did 
obtain a discharge from either building or repairing, for the future, 
without further order from this court ; and further it was alledged in 
the said petition that the said bridge is fallen into such decay that it is 
no ways profitable to repair, or safe to improve any longer as it now is, 
but that the same must of necessity be new built, and that it is appre- 
hended the charge will be so great that the burthen will be too heavy 
for Billerica and Chelmsford to bear, for the reasons therein given, 
which more properly ought to come under consideration of the justices 
of the court of general sessions of the peace \jiri] [for] the county of 
Middlesex, — 

Be it therefore declared and enacted by tlie honourable the Lieutenant- 
Governour, Council and Representatives in General Court assembled, 
and by the authority of the same, 

That the matters contained in the said petition be referred to the 
consideration of the justices of the court of general sessions of the 
peace for the said county of Middlesex, at their quarter sessions ; who 
are hereby fully authorized and impow[e]red to take such order about 
the said bridge, from time to time, and at all times hereafter, as shall 
be judgf^l meet and convenient, and to settle the charge of the same, 
upon any or every the towns of the said county. And the paragraph 
in the law exempting the town of Groton, from the charge of the said 
bridge, is hereby repealed, and made null and void. [PassecZ June 26. 



CHAPTEB 6. 

AN ACT STATING THE FEES OF THE CUSTOM-HOUSE OFFICERS WITHIN 

THIS PROVINCE. 



Fees stated. 



Be it enacted by the Lieutenant-Governour, Council and Representa- 
tives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That the fees to be hereafter demanded and received 
in the collector's office shall be these following, and none other : — 



To the collector, for a register, six shillings, . 

for endorsing the same, two -shillings, .... 
a certificate for naval stores, three shillings, 
for all foreign vessels entring inwards, and permit, six 
shillings, ......... 

To the comptroller, (where any such officer is appointed) 
for the same, one shilling, ...... 

To the two waiters, sixpence each, . . - . . 

E or all foreign vessels clearing outwards, the same as en- 
tring inwards. 



£0 




6s, 

2 

3 


,0c?. 







6 


0. 






1 
1 







[1st Sess.] Province Laws. — 1716-17. 45 

To thti collector, a certificate of unloading enumerated 

goods, three shillings, £0 Bs. Od. 

To the comptroller, for the same, one shilling, . . 10 

COASTIXG VESSELS TO THE KEIGHBOURING COLONIES. 

Entring inwards and permit to unload as far as Con- 
necticut and New Hampshire, two shillings, . . 2 

The same outward, two shillings, . . . . 2 

Entering inwards from Annapolis, New York, and the 
colonies thence to South Carolina, and a permit ; to 
the collector, five shillings, ..... 050 

to the comptroller, one shilling, . . . . 10 

Clearing outwards, the same, six shillings, . . . 6 

COCQTJET FOR EUROPEAN GOODS TO THE SAID PROVINCES. 

To the collector, two shillings, ..... 020 

To the comptroller, one shilling, . . . . 10 

And every cocquet for European goods bought at the 
shops or elsewhere (tho' including several parcels 
which may be entred together by the master) ; to 
the collector, three shillings, ..... 030 

to the comptroller, one shilling, .... 010 

COASTERS FROM PORT TO PORT WITHIN THIS PROVINCE, CARRYING MER- 
CHANDIZE. 

Entring, one shilling, 10 

Clearing, one shilling, ...... 010 

A bill of store, to the collector, one shilling, . . 10 

to the comptroller, one shilling, .... 010 

And that all the roads and harbours from Cape Cod, on the south 
side (within the bay) , to Boston, be deemed the port of Boston until 
an navil office be setled in them. 

And be it further enacted by the authority aforesaid, 

[Sect. 2.] That if any person or persons imploj'ed in the said oflSce Ten pounds 
shall demand or take other or greater fees than by this law are allowed, ^'^'^^ ^' 
shall be subject to the penalty of ten pounds, as is provided by an act 
entituled, "An Act for regulating fees," made and passed in the fourth 1692-3, ch. 37. 
j'ear of the reign of King William and Queen Mary, or shall illegally 
dela}^ or defer entring or clearing any ship or vessel, and dispatching 
any merchant in their course, such officer so off'ending shall be liable officers offend- 
to cost and double damages, being thereof duly convicted in any of his "pf//'*^'® "* 
majestie's courts of record within this province. And every officer in 
this province shall have a list of fees hanging up in his office, on the 
said penalty. [^Passed June 20. 



CHAPTER 7. 

AN ACT IN ADDITION TO THE ACT FOR REGULATING FEES, MADE AND 
PASS[£]D IN THE FOURTH YEAR [OF THE REIGN] OF KING WILLIAM 
AND QUEEN MARY, STAT[E]ING THE FEES OF THE OFFICERS OF THE 
COURT OF ADMIRALTY. 

Be it enacted by the Lieut[enant']-Governo\(r, Council and Repre- 
sentatives in General Court assembled, and by the authority of the 
same, 

[Sect. 1.] That the fees to be hereafter demanded and received in 1692.3, eh. 37. 
the court of admiralty, shall be these following and none other : — ^ated!^'*^ ^"^^ 



46 



Province Laws. — 1716-17. 



[Chap. 8.] 



Persons taking 
unlawful fees 
liable to costs 
and damages, 
&c. 



For condemnation of every prize above one hundred 

tuns, fifteen pounds, ...... £15 Os. Od. 

Condemnation of every prize under one hundred tuns, 

ten pounds, 10 

Every summons for tryal[l] ; to the register, two shil- 
lings, 020 

to the marshal [1], for serving, four shillings, . . 4 



FILING AND ALLOWING EVERY LIBEL. 

To the judge, six shillings and eightpence, . 

To the register, six shillings, ..... 

Every definitive decree ; to the judge, one pound, 
to the register recording, six shillings and eightpence, 
to the marshal and cryer, eight shillings, 

Filing papers, examining and taxing cost[s] ; to the 
judge, two shillings, . . .* . 
the register, two shillings, 

A warrant of apprizement ; to the register [^sixsJiilUngs'], 

A warrant to take up deserters, runaways, &c. ; to the 
register, six shillings, 

For every copy of record, twelvepence per page, twenty- 
eight lines to a page, and eight words to a line. 

The attorney or advocate's fees, twelve shillings, 






6 


8 





6 





1 











6 


8 





8 








2 








2 








6 








6 






12 



And be it further enacted by the authority aforesaid, 
[Sect. 2.] That if any person or persons imployed in the said court 
shall demand or take other or greater fees than hj this law are allowed, 
he or they shall be subject to the penalty in s[ai]d act provided, and 
shall be lyable to cost and double damages, being thereof duly convicted 
in any of his majesty's courts of record within this province. [Passed 
June 25. 



CHAPTER 8. 

AN ACT IN FURTHER ADDITION TO AN ACT ENTITULED "AN ACT RE- 
LATING TO SURETIES UPON MEAN PROCESS IN CIVIL ACTIONS," MADE 
AND PASSED AT A SESSION OF THE GENERAL COURT OR ASSEMBLY 
THE EIGHTH OF NOVEMBER, 1693, IN THE FIFTH YEAR OF THE REIGN 
OF KING WILLIAM AND QUEEN MARY. 



1693-4, chap. 1. 



Writs of scire 
facias served 
upon suretiea 
within two 
years after 
trial. 



Whereas in the said act it is provided "That all writs of scire facias 
shall be taken out and served upon the sureties, within twelve months 
after the first tryal and not afterward" ; and forasmuch as, in several 
counties within this province, the superiour court of judicature, court 
of assize and general goal delivery is held and kept but once within 
twelve mouths, whereby the party or parties that recover judgment at 
such superiour courts can have no benefit of the said act, — 

Be it therefore enacted by the Lieutenant -Governour, Council and 
Bepresentatives in General Court assembled, and by the authority of the 
same, 

That writs of scire facias may be taken out and served upon sureties 
for the space of two years after the tryal upon an appeal, in all such 
counties where a superiour court of judicature, &c., is held but once in 
a year ; any law, usage or custom to the contrary notwithstanding. 
\_Passed June 19. 



[1st Sess.] Peovince Laws. — 1716-17. 47 



CHAPTER 9. 

AN ACT FOR THE FURTHER CONTINUING OF AN ACT, ENTITULED "AN 
ACT FOil THE BETTER REGULATION OF SWINE GOING AT LARGE ; IN 
ADDITION TO THE ACT FOR THE REGULATING OF FENCES, CATTEL, 
&c., AND FOR THE EXPLANATION THEREOF," MADE' AND PASSED BY 
THE GREAT AND GENERAL COURT OR ASSEMBLY, AT THEIR SESSION 
UPON WEDNESDAY, THE TENTH OF FEBRUARY, 1713, IN THE TWELFTH 
YEAR OF THE REIGN OF HER LATE MAJESTY, QUEEN ANNE. 

Be it enacted by the Lieutenant-Governoiir, Council and Rejjresenta- 
tives in General Court assembled, and by the authority of the same, 

That the said act, and all and singular the paragraphs, clauses, arti- 1713-14, chf p. 
eles, directions and powers in the said act contained, be and herebj^ are J/f^g limited, 
revived, re-enacted and directed to abide and remain in force, and ac- 
cordingly to be exercised, practised, and put in execution, till the thir- 
tieth day of June, Anno Domini one thousand seven hundred twenty 
and one, and no longer ; any law usage or custom to the contrary in any 
wise notwithstanding. \^Passed Jane 16. 



CHAPTER 10. 

AN ACT FOR THE FURTHER CONTINUING OF AN ACT, ENTITULED " AN 
ACT AGAINST HAWKERS, PEDLERS AND PETTY CHAPMEN," MADE AND 
PASSED BY THE GREAT AND GENERAL COURT OR ASSEMBLY AT THEIR 
SESSION UPON WEDNESDAY, 27th OF MAY, 1713, IN THE TWELFTH 
YEAR OF THE REIGN OF HER LATE MAJESTY, QUEEN ANNE. 

Be it enacted by the Lieutenant-Governour, Council and Representa- 
tives in Genercd Court assembled, and by the authority of the same. 

That the said act, and all and singular the paragraphs, clauses, arti- iti3-14, chap. t. 
cles, directions and powers in the said act contained, be and hereby are force^to^thV" 
further continued, re-enacted and directed to abide and remain in force, ^^''^ '^%2r 
and accordingly to be exercised, practised and put in execution, till the 
thirtieth day of June, Anno Domini one thousand seven hundred twenty 
and six, and no longer ; any law, usage or custom to the contrary in 
any wise notwithstanding. \_Passed June 16. 



CHAPTER 11. 

AN ACT FOR GRANTING UNTO HIS MAJESTY SEVERAL RATES AND DUTIES 
OF IMPOST AND TUNNAGE OF SHIPPING. 

"We, his majest3-'s lo3'al and dutyfull subjects, the representatives of 
this his majesty's province of the Massachusetts Bay in New England, 
considering the necessity of gi-anting a supply of money for calling in 
the sum of twenty-two thousand pounds granted unto her late majesty, 
by bills emitted at their several sessions anno one thousand seven hun- 
dred and eleven,* to be levyed and collected in this present year, one 
thousand seven hundred and sixteen, of which the dutys of impost and 
excise and tunnage of shipping were to be a fund and security, have 
cheerfully and unanimously given and granted, and do hereby give and 
grant unto his most excellent majesty, to the end, use and intent afore- 

* Notes to 1711-12, resolves («), (6), (c). 



48 Province Laws.— 1716-17. [Chap. 11.] 

said, and for no other use, the several dutj^s of impost upon wines, 
liquors, goods, wares and merchandizes that shall be imported into this 
province, and tunnage of shipping, hereafter mentioned and expressed, 
for calling in the sum of five thousand pounds, part of twenty -two thou- 
sand pounds above mentioned ; and pray that it may l)e enacted, — 

Aiid be it accordingly enacted by the Lieutenant-Governour, Council 
and Representatives in General Court assembled, and by the authority 
of the same, 

[Sect. 1.] That after the publication of this act there shall be paid 
by the importer of all wines, liquors, goods, wares and merchandizes 
that shall be imported into this province from the place of their groweth 
(salt, cotton, wooll, provisions and every other thing of the growth and 
produce of New England excepted) , the several rates and dutys of im- 
post following : — 

For every pipe of common wine of the Western Islands, fifteen shil- 
lings. 

For every pipe of Canary or Malago, twenty-five shillings. 

For every pipe of Madera or Passado, twenty shillings. 

For every pipe of Port wine or other sorts not mentioned, fifteen 
shillings. 

For every hogshead of rhum, containing one hundred gallons, the 
sum of fifteen shillings. 

For every gallon of rhum or other spirits distilled, the sum of one 
penny pr. gallon. 

For every hundred pound sterling in English merchandize, prime cost, 
twenty shillings. 

For every hogshead of sugar, two shillings. 

For every hogshead of molosses, one shilling. 

For every hogshead of tobacco, two shillings and sixpence. 

For every ton of logwood, three shillings. 

And so proportionably for greater or lesser quantitys. 

For all other commodities, goods and merchandize not mentioned or 
excepted, one penny for every twenty shillings value. 

[Sect. 2.] And for any of the above wines, liquors, goods, wares 
and merchandize, tt™, that shall be imported into this province from 
any other ports than the places of their growth and produce, there shall 
be paid by the importer double the value of the impost appointed by this 
act to be received for every species above mentioned, unles they do 
bona fide, belong to the inhabitants of this province, and came upon 
their risque from the port of their growth. 

And be it further enacted by the authority aforesaid, 

[Sect. 3.] That all the aforesaid imposts, rates and dutys shall be 
paid in currant money, or in the bills of credit of this province, b^'^ the 
importer of any wines, liquors, goods or merchandizes, uyto the commis- 
sioner and receiver to be appointed, as is hereinafter directed, for en- 
tring and receiving of the same, at or before the landing of any wines, 
liquors, goods or merchandizes. And all entries where the impost or 
duty to be paid doth not exceed four shillings, shall be made without 
charge to the importer ; and not more than sixpence to be paid for any 
other single entry to what A'alue soever. 

And be it further enacted by the authority aforesaid, 

[Sect. 4.] That all masters of ships or other vessells coming into 
any harbour or port within this province from beyond sea, or from any 
other province or colony, before bulk be broken, and within twenty- 
four hours after his arrival in such harbour or port, shall make a report 
to the commissioner or receiver of the impost, to be appointed as here- 
after mentioned, of the contents of the lading of such ship or vessell, 
without any charge or fee to be demanded or paid for the same ; which 



[1st Sess.] Province Laws. — 1716-17. 49 

report such master sliall give iu to the said commiss'' or receiver, under 
his hand, and shall therein set down and express the quantities and 
species of the wines, liquors, goods and merchandizes laden on such 
ship or vessell, with the marks and numbers thereof, and to whome the 
same is consigned ; and also make oath that the said report or manifest 
'of the contents of his loading, so to be by him given in under his hand 
as afores'd, contains a just and true accompt, to the best of his knowl- 
edge, of the whole ladeing taken on board and imported in said vessell 
from the port or ports such vessell came from, and that he hath not 
broken bulk nor delivered any of the ^ines, rhum or other distilled 
liquors, loaden on said ship or vessell, directly or indirectly, and that if 
he shall know of any more wines, liquors, goods or merchandizes to be 
imported therein before the landing thereof, he will cause it to be 
added to his manifest ; which oath the commissioner or receiver is 
hereby impowred to administer ; after which such master may unload, 
and not before, on pain of one hundred pounds to be forfeited and 
paid by each master that shall neglect his duty in this behalfe. 
And be it further enacted hy the authority afores'd, 
[Sect, 5,] That all merchants, factors or other persons, importers, 
being owners of or having any of the wines, liquors, goods or mer- 
chandizes consigned to them, that by this act are liable to pay im- 
post or duty, shall, by themselves or order, make entry thereof in writ- 
ing, under their hands, with the said commissioner or receiver, and pro- 
duce unto him the original invoice thereof, and pay the duty and impost 
b}'' this act required, before such wines, liquors, goods, wares or mer- 
chandizes be landed or taken out of the vessell in which the same shall 
be imported, on pain of forfeitiiig all such wines, liquors, goods, wares 
or merchandizes so landed or taken out of the vessell in which the same 
shall be imported. 

[Sect. 6.] And no wines, liquors, goods, wares or merchandizes 
that by this act are lyable to pay impost or duty shall be landed on any 
wharfe or into any warehouse or other place but in the day-time only, 
and that after sunrise and before sunset, unless in the presence of and 
with the consent of the commissioner or receiver, on pain of forfeiting 
all such wines, liquors, goods, wares and merchandizes, and the lighter, 
boat or Acssell out of which the same shall be lauded or put into any 
warehouse or other place. 

[Sect. 7.] And if the commissioner or receiver shall suspect that 
any merchant, factor or other person to whome any wines, liquors, 
goods or merchandizes comes consigned, do's not, in the entry or writ- 
ing thereof, to be given under his hand as aforesaid, make a full and 
perfect entry of such wines, liquors, goods and mei'chaudizes, or that 
the invoices thereof, produced and shewn by any person or persons, as 
by this act is directed, are not really and bona fide the original in- 
voices of the wines, liquors, and merchandizes such person or persons 
should then enter ; in every such case the commissioner or receiver is 
hereby ordered and directed not to admit such person or persons to any 
entry of the said wanes, liquors, goods or merchandizes, until he or they 
shall have made oath to the truth of said writing or invoice by him or 
them presented as afores*^, which oath the commissioner or receiver is 
hereliy impowred to administer. And if such person or persons shall 
not have and produce any invoice of the quantitys of the rhum or liquors 
to him or them consigned, then the caske wherein the same is, shall be 
gauged at the charge of the importer, that the quantity thereof may be 
known. 

And be it further enacted by the authority aforesaid, 
[Sect. 8,] That every merchant or other person, importing any 
wines into this province, shall be allowed twelve per cent for leakage : 

7 



50 Province Laws.— 1716-17. [Chap. 11.] 

provided such wines have not been filled on board ; and that every 
hogshead, butt or pipe of wine that hath two-thirds part thereof leaked 
out, shall be accounted for outs, and the merchant or importer to pay no 
impost or duty for the same. And no master of any ship or vessell 
shall suffer any wines to be filled up on board without giving a certifi- 
cate of the quantity so filled, under his hand, before the landing thereof, 
to the commissioner or receiver of the impost in such port, on pain of 
forfeiting the sum of fifty pounds. 

[Sect, 9.] And if it be made appear that any wines imported in 
any ship or vessell be decayed, at the time of unladeing thereof, or in 
twenty days afterwards, oath being made, if required, before the com- 
missioner or receiver that the same hath not been landed above that 
time, the dutys and impost paid for such wine shall be repaid unto the 
importer thereof. 

And be it further enacted by the authority aforesaid, 
[Sect. 10.] That the master of any ship or vessell importing any 
wines, liquors, goods, wares or merchandizes, shall be lyable to and shall 
pay the impost for such and so much thereof, contained in his manifest, 
as shall not be duly entred and the duty paid for the same by the 
person or persons to whome such wines, liquors, goods, wares or mer- 
chandizes are or shall be consigned. And it shall and maj- be law full to 
and for the master of every ship or other vessell to secure and detain 
in his hands, at the owner's risque, all such wines, liquors, goods, wares 
or merchandizes imported in such ship or vessell, untill he shall receive a 
certificate from the commissioner or receiver of the impost that the duty 
for the same is paid, and untill he be repaid his necessary charges in 
secureing the same ; or, such master may deliver such wines, liquors, 
goods, wares or merchandizes as are not entred, nnto the commissioner 
or receiver of the impost in such port, or his order, who is hereby im- 
powred and directed- to receive and keep the same, at the owner's risque 
until the impost thereof, with charges, be paid, and then to deliver such 
wines, liquors, goods or merchandizes as such master shall direct. 
And be it further enacted by the authority aforesaid, 
[Sect. 11.] That the commiss' or receiver of the impost in each 
port shall be and hereby is impowi-ed to sue the master of any ship 
or vessell for the impost or duty for so much of the ladeing of wines, 
liquors, goods, wares and merchandizes imported therein, according to 
the manifest by him to be given upon oath as aforesaid, as shall remain 
not entered, and the duty or impost thereof not paid. And where the 
goods, wares and merchandizes are such as that the value thereof is not 
known, whereby the impost to be recovered of the master for the same 
cannot be ascertained, the owner or person to whom such goods, wares 
or merchandizes are or shall be consigned, shall be summoned to appear 
as an evidence at the court where suit for the impost and duty thereof 
shall be brought, and be there required to make oath to the value of 
such goods, wares or merchandizes. 

Aoid be it further enacted by the authority aforesaid, 
[Sect. 12,] That the ship or vessell with her tackle, apparel and 
furniture, the master of which shall make default in anything b\' this 
act required to be performed by him, shall be l3'able to answer and 
make good the sum or sums forfeited by such master, according to this 
act, for any such default, as also to make good the impost or duty for 
any wines, liquors, goods, wares or merchandizes not entered as afore- 
said ; and upon judgement recovered against such master, the said ship 
or vessell, or so much of the tackle or appurtenances thereof as shall 
be suflQcient to satisfy said judgement, may be taken in execution for the 
same. And the coihissioner and receiver of the impost is hereby im- 
powered to make seizure of such ship or vessell, and detain the same 



[1st Sess.] Province Laws. — 1716-17. 51 

under seizure until judgement be given in any suit to be commenced and 
prosecuted for any of the said forfeitures or impost, to tlie intent that if 
judgement be rendred for the prosecutor or informer, such ship or vessel, 
and appurtenances, may be exposed for satisfaction thereof as is before 
provided, unless the owners or some on their behalfe, for the releasing 
of such ship or vessell from under seizure and restraint, shall give suffi- 
cient security to the commissioner or receiver of the impost that seized 
the same, to respond and satisfy the sum or value of the forfeiture and 
duties, with charges, that shall be recovered against the master thereof 
upon suit to be brought for the same as aforesaid ; and the master occa- 
sioning such loss and damage unto his owners, through his default or 
neglect, shall be l^'able unto their action for the same. 

And it is further enacted, 

[Sect. 13.] That the naval officer within any of the ports of this 
province shall not clear or give passes to any master of any ship or 
other vessell outward bouncl, until he shall be certifyed, by the coinis- 
sioner and receiver of the impost, that the impost and duties for the 
goods last imported in such ship or vessell aj-e paid or secured to be 
paid. And the commissioner or receiver of the impost is hereby im- 
powered to allow bills of store, to the master of any ships or vessells im- 
porting any wines or liquours, for such private adventures as shall belong 
to the master and seamen of such ship or other vessell, at the discretion 
of the commissioner or receiver, not exceeding thiee per cent of the 
lading ; and the duties pajable by this act for such wines or liquors, in 
such bills of store mentioned and expressed, shall be abated. 

And be it further enacted by the authority aforesaid, 

[Sect. 14.] That all penalties and forfeitures accruing or arising 
by virtue of this act shall be one-halfe to his majesty, for the uses and 
intents for which the aforementioned duties of impost are granted, and 
the other halfe to liim or them that shall seize, inform and sue for the 
same, by action, biU, plaint or information, in any of his majesty's courts 
of record, wherein no essoign, protection or wager of law shall be 
allowed ; the whole charge of prosecution being taken out of the halfe 
belonging to the informer. 

And be it further enacted by the authority aforesaid, 

[Sect. 15.] That there shall be paid bj^ the master of every ship or 
other vessell coming into an}^ port or ports in this province to trade or 
traffick, the major part of the owners whereof are not belonging to this 
province, except such vessells as belong to the provinces or colonies of 
Pensilvania, AVest and East Jersey, New Yorke, Connecticut or Rhode 
Island, every voj'age such ship or vessell dos make, the sum of eighteen- 
pence pr. ton, or one pound of good new gunpowder, for every ton such 
ship or vessell is in burthen, to be paid unto the commissioner or re- 
ceiver of the duties of impost and to be imployed for the ends and uses 
aforesaid. 

[Sect. 16.] And the said commissioner is hereby impowered to ap- 
point a meet and suitable person to repair unto and on board an}'- ship 
or vessell, to take the exact measure or tonnage thereof, in case he shall 
suspect that the register of such ship or vessell doth not express and set 
forth the full burthen of the same, the charge thereof to be paid by the 
master or owner of such ship or vessell before she be cleared, in case she 
appear to be of greater burthen ; otherwise to be paid by the commis- 
sioner out of the moneys received by him for impost, and shall be al- 
lowed him accordingly by the treasurer in his accompts. And the 
naval officer shall not clear any vessell mitil he be also certifyed by 
the said commissioner that the duty of tunuage for the same is paid, 
or that it is such a vessell for which none is payable according to this 
act. 



52 Pkovince Laws.— 1716-17. [Chap.. 12.] 

And be it further enacted by the authority aforesaid^ 

[Sect. 17.] That there be one fit person, and no more, nominated 
and appointed by this court as a commissioner and receiver of the afore- 
said duties of impost and tunnage of shipping, and for the inspection, care 
and management of the said office, and whatsoever relates thereunto, to 
receive commission for the same from the governour or commander-in- 
chief for the time being, with authority to substitute and appoint a 
deputy receiver in each port, besides that Avherein he resides, and to 
grant warrants to such deputy receivers for their said place, and to 
collect and receive the imposts and tunnage of shipping aforesaid that 
shall become due within such port, and to render the accompts thereof 
and pay in the same to the said commissioner and receiver ; which said 
commissioner and receiver shall keep fair books of all entries and duties 
arising by virtue of this act, and the same to l3-e open, at all seasonable 
times, to the view and perusal of the treasurer and receiver-geueral of 
this province, with whom he shall accompt for all collections and pay- 
ments, and pay in all such monies as shall be in his hands, as the 
treasurer shall demand it. And the said commissioner and receiver, and 
his deputy and deputies, before their entring upon the execution of the 
said office, shall be sworn to deal truly and faithfully therein, and 
shall attend in the office from nine to twelve of the clock in the forenoon, 
and from two to five of the clock, afternoon. 

[Sect. 18.] And the said commissioner and receiver for his labour, 
care and expences in the said office, shall have and receive out of the 
province treasury the sum of seventy pounds pr. annum, and his 
deputy or deputies to be paid for their service such sum and sums as 
the said commissioner and receiver, with the treasurer, shall agree upon 
reasonable terms, not exceeding thirty pounds each ; and the treasurer 
is hereby ordered, in passing and receiving the said coimnissioner's ac- 
compts, accordingl}', to allow the payment of such salary or salaries 
as aforesaid to himselfe, and his deputy or deputies. 

Provided, 

[Sect. 19.] That this act shall continue in force from the publication 
thereof until the twenty-ninth day of June, which ivhich will be in the 
year of our Lord one thousand seven hundred and seventeen, and no 
longer. [Passed June 26. 



CHAPTER 12. 

AN ACT FOR APPORTIONING AND ASSESSING A TAX OF ELEVEN THOU- 
SAND FIFTY-ONE POUNDS THIRTEEN SHILLINGS AND TEI^ PENCE UPON 
POLLS AND ESTATES. 

Whereas the great and general court or assembly of the province of 
the Massachusetts Bay in New England, at their sessions in May, 1711, 
did pass three several grants of taxes on polls and estates as funds 
and security for the repayment and drawing in several sums in the bills 
of credit on this province, ordered to be imprinted, repeated and issued 
out of the publick treasury for the service of the government ; that is 
to say, at their sessions begun and held the 30th day of Ma^^ 1711, eight 
thousand pounds* ; at their sessions begun and held the 17th of Octo- 
ber, 1711, eight thousand poundsf ; at their sessions begun and held 
the 12th of March, 1711, six thousand poundsj ; applyed to the ends 
and uses in the said grants particularly enumerated and expressed ; and 

* Notes to 1711-12, resolve (aj. f Ibid., resolve (bj. J Ibid., resolve (cj. 



[1st Sess.] Province Laws.— 171G-17. 53 

by resolves of the court that made the aforesaid gi'ants, it was then 
ordered that the sum of twenty-two thousand pounds shoukl be ap- 
portioned, assessed and levyed on polls, and estates both real and 
personal, within this province, according to such rules and in such 
proportion, upon the several towns and districts within the same, as 
sball be agreed on and ordered by this court in their present session ; 
wherefore, for the ordering, directing and perfecting the said sum of 
eleven thousand llfty-one pounds, thirteen shillings and tenpence, which, 
v.ilh the sum of five thousand pounds by the impost and tunnage 
of shipping, five thousand nine hundred forty-eight pounds six shillings 
and twopence on the excise, will make the sum of twenty-two thousand 
pounds, pursuant to the funds and grants aforesaid, which is unani- 
mously approved, ratified and confirmed ; and we, his majestie's loyal 
and dutifnl subjects, the representatives in general court assembled, 
pray that it be enacted, — 

And he it accord hi glij enacted by His Honour the Lieutenant-Govei'nour, 
Council and RepresenMives in Genercd Court assembled, and by the 
authority of the same, 

[Sect. 1.] That each town or district within this province be as- 
sessed and pay as such tov>n and district's proportion of the aforesaid 
eleven thousand fifty-one pounds thirteen shiDings and tenpence, the sum 
following ; that is to sa}', — 

IN THE COUNTY OF SUFFOLK. 

Boston, eighteen hundred eight^^-one pounds and four- 
teen shills., ........ 

Eoxbur}-, one hundred forty-eight pounds nineteen shills. 
and fivepence, ....... 

Dorchester, two hundred and four pounds sixteen shills. 
and sevenpence, ....... 

Hingham, one hundred sixty-seven pounds eleven shil- 
ling and ninepence, ....... 

Brantrey, one hundred forty-eight pounds nineteen 
shillings and fivepence, . . . 

Dedham, with Needham, one hundred twentj'-fiA'e 
pounds thirteen shills. and sevenpence, 

Medway, with Medfield, one hundred and nine pounds 
twelve shillings and sevenpence, .... 

Weymouth, ninety pounds sixteen shillings and four- 
pence, 

Milton, sixty -five pounds three shillings and twopence, 

Hull, thirty-seven pounds ten shillings, 

Wrentham, thirty-seven pounds ten shillings, 

Mendon, fifty -one pound four shillings and twopence, 

Woodstock, forty-six pound thirteen shillings, . 

Brooklyuj fifty -five pounds seventeen shillings and three- 
pence, 55 17 3 

IN THE COUNTY OF ESSEX. 

Salem, three hundred seventy-eight pounds nineteen 
shillings, . . . . . . 

Ipswich, four hundred sixtj'-five pounds ten shillings 
and sixpence, ........ 

Newbury, three hundred twenty-five pounds three 
shillings and eightpence, . . 

Marblehead, one hundred ninety-six pounds and three- 
pence, 

Lynn, one hundred fifty-three poimds twelve shillings 
and threepence, 



,881 14s, 


. Od. 


148 19 


5 


204 16 


7 


167 11 


9 


148 19 


5 


125 13 


.7 


109 12 


7 


90 16 
65 3 
37 10 
37 10 
51 4 
46 13 


4 
2 


2 




378 


19 





465 


10 


6 


325 


3 


8 


196 





3 


153 


12 


3 



51 



Province Laws.— 1716-17. [Chap. 12.] 



Andover, one hundred fifty»six pounds sixteen shillings 

and twopence, 

Beverly, one hundred twenty-five pouncte nine shillings, 

Rowly, one hundred fifteen pounds and nine shillings, 

Salisbury, eighty-six pounds tAvo shillings and thi'ee 

pence, ........ 

Haverhill, eightj'-three pounds six shillings, 
Glocester, ninety-eight pounds, .... 

Topsfield, eighty-three pounds fifteen shills. and eight 
pence, ........ 

Boxford, sixty-four pounds nine shillings and fivepence 
Amesbury, seventy-five pounds, .... 

Bradford, sixty-eight pounds twelve shillings, 
Wenham, sixty-four pounds four shills. and tenpence, 
Manchester, twenty-one pounds eight shillings and four- 
pence, 



£156 16s. 2d. 

125 9 

115 9 

86 2 3 

83 6 

98 

83 15 8 

64 9 5 

75 

68 12 

64 4 10 

21 8 4 



IN THE COUNTY OF MIDDLESEX. 

Charlestown, two hundred seventy-four pounds twelve 

shillings and tenpence, ...... 274 12 10 

Watertown, one hundred forty-nine pounds nine shills. 

and a penny, ........ 149 9 1 

Weston, fort3'-nine pounds, ...... 49 

Cambridge, one hundred and twenty pounds nine shil- 
lings and fivepence, . . . . . . . 120 9 5 

Concord,onehundred fifty-six pounds and nine shillings, 156 9 

Woburn, one hundred and fifty-five pounds, . . 155 
Reading, one hundred and eighteen pounds nine shillings 

and fourpence, . . . . . . . 118 9 4 

Sudbury, one hundred and sixteen pounds sixteen shills. 

and six|5ence, ........ 116 16 6 

Marlborough, one hundred twenty-seven pounds eight 

shills, and twopence, . . . . . . 127 8 2 

Lexington, sixty-six pounds sixteen shillings and four- 
pence, . . . . . . . . . 66 16 4 

Newtown, ninet3'-seven pounds and sixpence, . . 97 6 
Maiden, eighty-eight pounds eight shillings and four- 
pence, ......... 88 8 4 

Chelmsford, eiglit3"-three pounds six shillings, . . 83 6 
Billerica, seventy-five pounds three shills. and three- 
pence, ......... 75 3 3 

Sherburn, fifty-three pounds five shillings and four- 
pence, ......... 53 5 4 

Groton, fifty pounds, ....... 50 

Lancaster, fifty-five pounds, . . . . . 55 

Framingham, fifty-eight pounds sixteen shillings, . 58 16 
Medford, thirt^'-two pounds eleven shillings and six- 
pence, . 32 11 6 

Stow, thirtj'-nine pounds four shillings, . . . 39 4 

Dunstable, nineteen pounds twelve shillings, . . 19 12 

Dracut, sixteen pounds, . . . . . . 16 



IN THE COUNTY OF HAMPSHIRE. 

Springfield, one hundred thirty -two pounds six shillings 

and twopence, ........ 132 6 2 

Northampton, one hundred and seventeen pounds 

twelve shillings, 11712 0. 



[1st Sess.] 



Province Laws. — 1716-17. 



55 



Hadle}*, eighty pounds, 

Hatfield, sixty-three pounds ten shillings and sixpence, 
Westfield, fift3^-five pounds seventeen shillings, . 
Suflield, thirt^'-nine pounds four shillings, . 
Enfield, thirty -nine pounds four shillings, . 
Deeriield, 

IN THE COUNTY OF PLYMOUTH. 

Ph'mouth, ninety-eight pounds fourteen shillings, 

Plynipton, fifty pounds six shillings, .... 

Situate, one hundred eight^'-four pounds eleven shil- 
lings threepence, ....... 

Bridgewater, one hundred and ten pounds, . 

Marshfield, ninety-three pounds one shilling and ten- 
pence, ......... 

Pembrook, thirty-five pounds ten shillings and four- 
pence, ......... 

Duxbury, fifty-six pounds throe shills. and sixpence, . 

Middleborough, fifty-one pounds four shillings, . 

Eochester, fifty pounds, ...... 

Abington, eleven pounds twelve shillings and ninepence. 



£80 Os. Od. 
63 10 6 
55 17 
39 4 
39 4 



98 14 

50- 6 

184 11 3 

110 

93 1 10 



35 10 4 

50 3 6 

51 4 
50 
11 12 9 



IN THE COUNTY OF BARNSTABLE. 

Barnstable, one hundred seventy-six pounds seven 
teen shills. and fivepence, .... 

Eastham, one hundred pounds, .... 

Truro, thirty-nine pounds four shillings. 

Sandwich, one hundred twenty-five pounds thirteen 
shillings and sixpence, ..... 

Yarmouth, ninety-eight pounds and twopence, . 

Harwich, fifty-five pounds seventeen shillings, . 

Falmouth, thirty pounds, ..... 

Chatham, thirty-two pounds seven shillings. 



176 17 5 

100 

39 4 

125 13 6 

98 2 

55 17 

30 

32 7 



IN THE COUNTY OF BRISTOL. 

Bristol, one hundi'ed and five pounds seventeen shil- 
lings, 

Taunton, one hundred twenty-four pounds sixteen shil- 
liugs and twopence, ..... 

Norton, with the east end of North Purchase, thirtj 
pounds, ........ 

Dartmouth, one hundred seventy-six pounds eight shil 
lings, . . . . \ 

Dighton, thirty-three pounds ten shillings and four 
pence, ........ 

Rehoboth, one hundred and ten pounds. 

Little Compton, one hundi'ed and twenty pounds sev 
enteen shillings and sixpence, 

Swanse}-, one hundred twenty-seven pounds eight shiL 
lings and threepence, ..... 

Tiverton, eighty-eight pounds four shillings, 

Freetown, thirty-nine pounds four shillings, 

Attleborough, thirty -four pounds eighteen shills. and 
twopence, ........ 



105 17 

124 16 2 

30 

176 8 

33 10 4 
110 

120 17 6 

127 8 3 

88 4 

39 4 

34 18 2 



IN duke's COUNTY. 

Edgartown, fifty-one pounds and four shillings, 
Chilmark, sixty pounds, .... 
Tisbury, twenty pounds, .... 



51 4 
60 
20 



56 Province Laws.— 1716-17. [Chap. 12.] 

IN THE COUNTY OF YORK. 

York, forty pounds, . • £40 Os. Ocl. 

Kittery, sixty pounds seven shillings, . . . 60 7 
Berwick, thirty-two pounds eleven shillings and eight- 
pence, 32 11 8 

Wells, twenty pounds, . . . . . . 20 

Nantucket, one hundred and twelve pounds fifteen shil- 
lings and twopence, 112 15 2 

And be it further enacted by tlie cmtliority aforesaid, 
[Sect. 2.] That the treasurer do forthwith send out his warrants, 
directed to the selectmen or assessors of each town or district within 
this province, requiring them, respective!}^, to assess the sum hereb}^ set 
upon such town and district, in manner following ; that is to say, to 
assess all rateable male polls above the age of sixteen j-ears at five shil- 
lings the poll (except the governour and iieuteucint-governour and their 
families, the president, fellows and students of Harvard College, setled 
ministers and grammar-school masters, who are hereby exempted as 
well from being taxed for their polls, as for their estates being in their 
own hand and under their actual management and improvement) , and 
other persons (if such there be) , w^ho thro' age, infirmity or extream 
poverty, in the judgment of the assessors, are not capable to pay 
towards publick charges, they may except their polls, and so much of 
their estates as, in their prudence, they shall think fit and judge meet ; 
and all estates, both real and personal, lying within the limits and 
bounds of such town or district, or next unto the same, not paying else- 
where, in whose hand, tenure, occupation or possession soever the same 
is or shall be found ; and income by any trade or faculty which an}' per- 
son or persons (except as before excepted) do or shall exercise in gain- 
ing, by monies or other estate not particularly otherwise assest, or com- 
missions of profit in their improvement, according to their understanding 
and cunning, at one peny on the pound ; and to abate or multiply the 
same, if need be, so as to make up the sum hereby set and ordered for 
such town or district to pay ; and, in making their assessments, to esti- 
mate houses and lands at six years' income of the yearly rents whereat 
they may be reasonably set or let for in the places where they lye (sav- 
ing all contracts betwixt landlord and tenant, and where no such con- 
tract is, the landlord to reimburse one-half of the tax set upon such 
houses and lands) ; and to estimate Indian, negro and molatto ser- 
vants proportion ably, as other personal estate, according to their sound 
judgment and discretion : as also to estimate every ox of four years 
old and upwards, at forty shillings ; every cow of three years old and 
upwards, at thirty shillings ; every horse and mare of three years 
old and upwards, at forty shillings ; every swine of one year old and 
upwards, at eight shillings ; every sheep and goat of one year old and 
upwards, at four shillings : likewise requiring the assessors to make a 
fair list of the said assessment, setting forth, in distinct columns, against 
each particular person's names, how much he or she is assessed at for 
polls, and how much for houses and lands, and how much for personal 
estate, and income by trade or faculty ; and the list or lists so per- 
fected and signed by them, or the major part of them, to commit to 
the collectors, constable or constables of such town or district, and to 
return a certificate of the name or names of such collector, constaljle 
or constables, together with the sum total to each of them respectively 
committed, unto himself some time before the last day of September 
next. 

[Sect. 3.] And the treasurer for the time being, upon the receipt of 



[1st Sess.] Peovince Laws. — 1716-17. 57 

sucli certificate, is hereby impowered and ordered to issue forth his war- 
rant to the collectors, consta))le or constables of such town or districts, 
requiring him or them, respectively, to collect the whole of each respec- 
tive sum assessed on each particular person, before the last day of 
March next ; and of the inhabitants of the town of Boston to collect 
their proportion some time in the month of January aforegoing, and to 
pay in their collections and issue the accompts of the whole at or 
before the last day of Ma}-, which will be in the year of our Lord one 
thousand seven hundred and seventeen. 

And be it further enacted by the anthority aforesaid, 
[Sect. 4.] That the assessors of each town and district, respec- - 
tively, in convenient time before their making the assessment, shall give 
seasonable warning to the inhabitants in a town meeting, or by posting 
up notifications in some place or places in such town or district, or 
otherwise to notify the inhabitants, to give or bring into the said assess- 
ors true and perfect lists of their polls and rateable estate ; and if any 
person or persons shall neglect or refuse so to do, or bring in a false 
list, it shall be lawful to and for the assessors to assess such person 
or persons, according to their known ability within such town, in their 
sound judgment and discretion, their due proportion to this tax, as 
near as they can, according to the rules herein given, under the penalty 
of twenty shillings for each person that shall be Convicted l)y legal 
proof, in the judgment of the assessors, of bringing in a false bill : the 
said fine to be for the use of the poor of such town or district where 
the delinquent lives, to be levyed by warrant from the assessors, di- 
rected to the collector or constable in manner as is directed for gather- 
ing of town assessments, and to be paid in to the town treasurer or 
selectmen for the use aforesaid : saving to the party agrieved at the 
judgment of the assessors in setting of such fine, liberty of appeal 
therefrom to the court of general sessions of the peace within the county, 
for relief as in case of being overrated. 

[Sect. 5.] And if the party be not convicted of any falseness in the 
list \)y him presented of polls, rateable estate, and income b}^ any trade 
or faculty which he doth or shall exercise in gaining by money or other 
estate, not particularly otherwise assessed, such list shall be a rule for 
such person's proportion to the tax which the assessors may not exceed. 
[Passed June 25, 1716. 
8 



5S Pkovince Laws.— 1716-17. [Chap. 13.] 



ACTS 

Passed at the Session begun and held at Boston, 
ON THE Seventh day of November, A.D. 1716. 



CHAPTER 13. 

AN ACT IN ADDITION TO THE ACT INTITULED "AN ACT FOR THE BET- 
TER OBSERVATION AND KEEPING OF THE LORD'S DAY," MADE AND 
PASS'D BY THE GREAT AND GENERAL COURT OR ASSEMBLY AT A 
SESSIONS HELD AT BOSTON, THE 12TH DAY OF OCTOBER, 1092, IN- THE 
FOURTH YEAR OF THE REIGN OF THEIR LATE MAJESTYS, KING WIL- 
LIAM AND QUEEN MARY. 

1692-3, chap. 22, Whekeas in and by the said act it is declared " That no tradesman, 
1092-3, chap. 22. artificer, labourer or other person whatsoever, shall, upon the land or 
9 All 119 water, do or exercise an>^ labour, business or work of their ordinary 
callings, nor use any game, sport, play or recreation on the Lord's day, 
or any part thereof (works of necessity and charity only excepted), 
upon pain that every person so oftending shall forfeit live shillings ; and 
further, that no traveller or drover, horse-courser, waggoner, butcher, 
higler, or any their servants, shall travel on that day or any part 
thereof, except as by the said law is excepted, upon the pain of twenty 
shillings ; " notwithstanding which many persons do presume to work 
and travel on the said day : for the more effectual preveziting such im- 
moral and irreligious practices, — 

Be it enacted by His Excellency the Governotir, Council and Represen- 
tatives in General Court assembled., and by the authority of the same., 
Penalty of ten [Sect. 1.] That wliocvcr shall for the future, contrary to the said 
boWrsf &'e" and act, do or excrcisc any labour, business or"\\-ork[e] of their ordinary 
ontravell^ers for callings, or usc any game, sport, play or recreation on the Lord's day, 
the first oflfence. or any part thereof, shall forfeit and pay the sum of ten shillings, and 
all persons travelling contrary to the said act, the sum of twenty shil- 
lings, for the first offence ; and upon a second conviction of either of 
the aforesaid offences, double the respective sums aforementioned, and 
be also bound with sureties for their good behaviour to the next sessions 
Persons to be of the pcacc ill sucli couiity wlicrc said offenders shall be convict. And 
Ihairforonr* that if any person [s], being able of body and not otherwise necessarily 
month neglect prevented, shall for the sijace of one month together absent themselves 

to altciKi the * ^ i o 

public worship, froiii tlio publick worship on said day, the grand jurors are hereby di- 
rected and required to present such persons to the general sessions of 
the peace, who, unless they can make proof that they have not so ab- 
sented themselves, but have attended divine worship in some publick 

Penalty twenty asseiiiblv, shall forfeit and pay the sum of twenty shillings. And in 

ehillinirs ' t' o 

case any of the offenders mentioned in this act shall be unable or re- 
fuse to satisfy their fine, they shall be adjudged to be set in the cage 
or stocks not exceeding three houi's, according to the discretion of the 
justices. 



[3d Sess.] PiioviNCE Laws.— 1716-17. 59 

Be it further enacted by the mithority aforesaid, 

[Sect. 2.] That the fines and penalt[y][?'e]s aris[e]ing by this act Fines, how dis- 
shall be disposed as by the said law is already provided ; any law, usage P^setiof. 
or custom to the contrary notwithstanding. \_Passed November 26. 



CHAPTER 14. 

AN ACT FOR SETLING OF GRANTS. 



"Whereas sundry grants of lands have been made by the general court 
at divers times unto particular persons, of which grants the greatest 
part has been taken up, but some may be yet standing out, — 

Be it therefore enacted by His Excellency the Governour,, Council and 
Representatives in Genercd Court assembled, and by the authority of the 
same, 

[Sect. 1 .] That all persons claiming a right to any tract or tracts Persons to 
of land by gi-ant from the general court, and not yet laid out, shall, granfs"within 
within the space of three years from the publication of this act, bring a t^ree yeara. 
copy of their grant to the general assembly of this province, in order 
to have the same laid out and confirmed to them ; and all such as neg- 
lect or refuse to bring in their claims as abovesaid, shall forfeit their 
right to such grants. 

Provided, 

[Sect. 2.] This act be not understood to barr the title of any infant. Proviso, 
feme covert, or person non compos mentis, imprison'd, in captivity or 
beyond the seas, who shall be allowed the terra of three years after such 
imperfection removed, to pursue their claim and challenge to any grants 
of land so made to them or their predecessors ; anything in this act to 
the contrary notwithstanding. {^Passed December 1. 



CHAPTER 15. 

AN ACT IN ADDITION TO THE ACT INTITULED "AN ACT FOR THE PUN- 
ISHING CRIMINAL OFFENDERS." 

Whereas when any person is apprehended for theft or robbery, and 1692-3, chap, is, 
admitted to bail, the recognizance is only to the king, to answer for the And see i698, 
crime, whereb}', in case the oflendcr doth not appear but make default, jyol'^^j; g. 
the party injured loseth the benefit of an act intituled "An Act for the mi-vi, chap. 5. 
punishing Criminal Offenders," which gives the party injiu-ed treble 
damages upon, conviction ; for remedy whereof, — 

Be it enacted by His Excellency the Governour, Council and Representa- 
tives in Genercd Court assembled, and by the authority of the same, 

That if any person shall be apprehended for any of the crimes men- ^^^''^^f/^^^^' 
tioncd in those paragraphs of the abovesaid act which relate to theft or theft, &c., ad- 
robbery, and be admitted to bail, he shall not only recognize to the king's "Jjajf'i^o^oniy' 
majesty, for his appearance at the court in said recognizance mentioned, recognize to 
to answer for his crime, but shall also enter into another recognizance ais'o rec^ognlze 
with sufficient sureties, to the party injured, for treble of the money, with sureties to 

■*■•*' •" tiiG person iH" 

goods or chatt[f?][le]s, which he shall be charged with stealing ; and if jured, &c. 
the said offender shall make default, and not appear to take his tryal 
according to his recognizance, in such case the said recognizance shall 



60 



Province Laws.— 1716-17. [Chap. 16.] 



be declared forfeited by the court where the said criminal ought to have 
been tryed, and the party injured shall recover treble damages against 
the sureties for so much as can be made appear to be. stolen, as if the 
offender had put himself on his tryal and had been convict ; any law, 
usage or custom to the contrary notwithstanding. \_Passed December 1. 



CHAPTEE 16. 

AN ACT IN ADDITION TO AN ACT FOR THE ORDERLY CONSUMMATING 
OF MARRIAGES, MADE AND PASS'D IN THE SEVENTH* YEAR OF THE 
REIGN OF KING WILLIAM THE THIRD. 



1692-3, chap. 25. 
1695-6, chap. 2, 
§4. 



Ministers' 
power to marry 
enlarged. 

7 Mass. 54. 



Allowance of 
four shillings. 



Ten shillings 
fine. 



Town clerk to 
give in to the 
clt-rk of the ses- 
sions a list of 
all marriages. 



Proviso. 



Whereas in and by the said act it is provided "That no person other 
than a justice of the peace, and that within his own county only, or or- 
dained minister, and that only in the town where he is setled in the 
work of the ministiy, shall or may presume to jo3-n au}^ persons together 
in marriage ; nor shall any justice or minister joyn any persons in mar- 
riage other than such, one or both of whom are inhabitants or residents 
in such county or town respectivelj^," — 

Be it enacted by His Excellency the Governour, Council and Bepre- 
sentatives in Genercd Court assembled, and by the cmtlwrity of the same, 

[Sect. 1 .] That the power granted ministers to jo^n persons together 
in marriage be hereby enlarged, so as that where there shall be no set- 
led ordained minister in any town or precinct, or where the only setled 
ordained minister of any town or precinct is himself to be married, it 
shall and may be lawful in such cases for the next setled ordained min- 
ister in another town, within the same count}', to joyn in marriage the 
minister, or inhabitants of such town or precinct destitute of such setled 
ordained minister, if such minister or inhabitants desire it, according to 
the rules prescribed by the laws of this province for the "consummating 
marriages. 

And be it further enacted by the authority aforesaid, 

[Sect. 2.] That every justice or minister shall have four shillings 
for each marriage, and pay out of it sixpence to the town clerk when 
they return their certificates to him. 

And whereas there is great failure in returning certificates of mar- 
riages to the town clerk, — 

Be it enacted, 

[Sect. 3.] That each justice 'or minister neglecting to make due 
return to the town clerk, as the law directs, every of them shall pay a 
fine of ten shillings for such neglect. 

And be it further enacted, 

[Sect. 4.] That every town clerk shall give in a true list of all mar- 
riages returned to him by the justices and ministers respectiveh', unto 
the clerk of the sessions of the peace in each county, sometime in the 
month of April yearly, and every 3'ear, upon the penalty of forfeiting 
twenty shillings fine for every neglect. And eveiy town clerk shall pay 
twopence to the clerk of the peace, for every marriage returned ly him, 
as aforesaid, which shall be the fee for the clerk of the peace, his record- 
ing the same. And each fine is to be recovered b}'' bill, plaint or in- 
formation in any court of record. 

Provided, 

[Sect. 5.] That every justice of peace or minister, authorized to 
joyn persons together in marriage, every clerk of the peace and town 

* The "Act for the orderly consiimmatiniT of m.iiTiajres " was passed the 4th of William 
and Mary, (1692-3, chap. 2.3) ; the additional clauiio referred to in the above preamble 
occurs iu the "Act to prevent incestuous marriages " (169c.-6, chap. 2, ^ 4). 



[3d Sess.] Province Laws. — 1716-17. 61 

clerk respective!}', may be prosecuted upon this or any former act relat- 
ing to marriages, within two j-ears after the offence committed, and not, 
aft^erAvards ; an>' law, usage or custom to the contrary notwithstanding. 
\^Fass€d December 1. 



CHAPTER 17. 

AN ACT FOR THE MORE EFFECTUAL PREVENTING DEFAULT IN THE 
APPEARANCE OF JURORS. 

Wheeeas the mulcts or tines set upon jurors for not appearing and 
attending the several courts of justice within this province, whereto 
they are respectively chosen and summoned, are by law limited to the 1698, chap. i3. 
Sinn of forty shillings, by reason whereof persons most able and best 
qualified to perform that duty ofttimes choose rather to incur and un- 
dergoe so small a penalty than to perform that service, which hath 
prov[e]d a general inconvenience, tending greatly to the damage of 
many persons in cases of the greatest moment and concern, as Avell as 
very much retarding the business and affairs of the several courts ; for 
remedy whereof, — 

Be it enacted by His Excellency the Governour, Council and Representa- 
tives in General Court assembled^ and by the authority of the same, 

[Sect. 1.] That the justices of the superiour court of judicature, Superior and 
court of assize and general goal delivery, and the justices of the inferi- \" 6™firR°s"on 
our court of common pleas, and of the general sessions of the peace, .Unors tiiat 

, ,, ,^, , . -, , J 11^. make dc'lault. 

respectively, shall and hereby are required to set reasonable fines upon 
all jurors duely return[e]d to serve in the said courts, that make de- 
fault, unless necessitated thereto by reason of sickness or some other 
extraordinary let[t] or hindrance, not less than the sum of four pounds, 
nor exceeding the sum of six pounds, each, at the discretion of the said 
justices, and to cause the same to be levied and disposed of as b}' law 
provided. 

And be it further enacted, 

[Sect. 2.] That the fee or allowance to be paid to the petty jury ^''^*.'^^'"J{','fir''^" 
for each verdict shall be thirteen shillings ; any law, usage or custom to teen ehiUings. 
the contrary notwithstanding. \_Passed November 29. 



CHAPTER 18. 

AN ACT FOR THE MAKING AND EMITTING THE SUM OF ONB HUNDRED 
THOUSAND POUNDS IN BILLS OF CREDIT ON THIS PROVINCE, IN SUCH 
MANNER AS IN THE SAID ACT IS HEREAFTER EXPRESSED. 

Whereas, by reason of a long and expensive war which his majesty's 
good subjects of this province Jiave been lately engaged in for their own 
necessary defence, and of some very chargeal)le expeditions undertaken 
against the French of Canada, and other places, by royal orders from 
her late majesty, there is an heavy debt now lying on the publick ; and 
whereas all the silver money which formerly made payments in trade to 
be easy, is now sent into Great Britain to make returns for part of 
what is owing there, and the bills of credit on the proviupe, being yearly 
called in, are now grown very scarce, and few of them passing in pro- 
portion to the great demand there is for the same ; to the intent, there- 
fore, that there be some relief under these present difficulties, and that 



62 



Province Laws. — 1716-17. 



[Chap. 18.] 



One hundred 
thousand 
pounds in bills 
to be made, and 
put into the 
hands of trus- 
tees, to let out 
at fi%'c per cent. 
to the several 
counties, in pro- 
portion. 
Suffolk, £28,797. 

Essex, £23,242. 

Middlesex, 

£18,097. 

Hampshire, 

£4,947. 

Plymouth, 

£6,674. 

Barnstable, 

£6,000. 

Bristol, £8,909. 

York, £1,147. 

Nantucket, 
£1,025. 

Dukes County, 
£1,162. 



Estates mort- 
gaged to be 
double the 
value of the 
sum taken out 
thereon. 



Proviso. 



1698, ch. 22. 



the husbandry, fishery and other trade and commerce of the province 

may be encouraged and promoted, — 

' Be it therefore enacted by His Excellency the Governour, Coimcil and 

Representatives in Genercd Court assembled, and by the authority of the 

same, 

[Sect. 1.] That the sum of one hundred thousand pounds in bills 
of credit, of the same tenour with those already emitted, be forthwith 
made off two plates ; that is to say, the sum of eighty thousand pounds 
off the plate of the highest denomination, and twenty thousand pounds 
off the plate of the middle denomination ; to be proportioned and dis- 
tributed to the principal counties within this province according to 
their last province tax ; that is to say, to the county of Suffolk, twenty- 
eigbt thousand seven hundred and ninety-seven [)ounds ; to the county 
of Essex, twenty-three thousand two hundred and forty-two pounds ; to 
the county of Middlesex, eighteen thousand and ninety-seven pounds ; 
to the county of Hampshire, four thousand nine hundred and forty-sev- 
en pounds ; to the county of Plymouth, six thousand six hundred and 
seventy -four pounds ; to the county of Barnstable, six thousand pounds ; 
to the county of Bristol, eight thousand nine hundred and nine pounds ; 
to the county of York, eleven hundred and forty-seven pounds ; and 
that the sum of one thousand and twentj'-five pounds, being the propor- 
tion for Nantucket, be added to the county of Suffolk ; and that the 
sum of eleven hundred and sixty-two pounds, being the proportion for 
Dukes county, be added to the county of Barnstable ; and put into the 
hands of live trustees for each county, to be named and appointed by 
the general court, three of whom to be a quorum, with power to act, 
who are to let out the said bills to such of the inhabitants of this province 
as desire it, on a good real security within the same, at five pounds per 
cent per annum, interest, in sums not exceeding live hundred pounds 
and not under twenty-five pounds to one person, for the space and term 
of ten years from the first letting out of an}' of the said bills, the inter- 
est arising thereon being annually paid, and the principal and interest 
then due to be paid in again to the commissioners ; unless any person 
or persons borrowing any of the aforesaid bills see cause to pay in, 
besides the interest, the whole or any part of the principal, not under 
the sum of twelve pounds ten shillings, at any time before the expira- 
tion of the time limited, as aforesaid ; that then the said commissioners 
are directed to take in the same, and upon payment of the whole to 
discharge the mortgage, but if in part, to endorse it on the original 
mortgage, which shall be a discharge so far. And that all estates mort- 
gaged for bills borrowed of the commissioners shall be at least double 
the value of the sum taken out thereupon. And that all persons, if 
required by the commissioners, shall bring a valuation of the estates to 
be mortgaged from under the hands of the selectmen of the town, or 
the major part of them, where such estate lyes, who are hereby alike 
required faithfully and impartially to transact the same, to pfevent 
frauds and deceits. 

Provided, nevertheless, 

[Sect. 2.] That if any person or persons shall neglect and refuse 
to pay unto the commissioners the j'early interest due upon the sums 
borrowed, at the time when the same become due, and continue in the 
neglect thereof for the space of sixty days after that, then the commis- 
sioners shall put in suit all such deeds of mortgage which were security 
for the bills so borrowed. And the justices of the courts before whom 
such suits shall be brought are hereby directed and impowred, upon 
verdict found, confession of the party, or default made, to enter up judg- 
ment, and award execution accordingly, pursuant to an act intituled 
"An Act for the hearing and determining of cases in equity," made and 



[3d Sess.] Province Laws. — 1716-17. 63 

13ass'd by the great and general court or assembly, at their sessions in 
Boston, tlie fifteenth day of November, 1G98, in the tenth 3-ear of the 
reign of his late majesty, King William. 

[Sect. 3.] And that all estates that shall become forfeited, and be 
in the actual possession of the commissioners, shall not be by them 
alienated till after the space of three years next after such possession 
obtained, but by them put under the best improvement, that so the 
mortgager, or his heirs, may bring their suit for redemption thereof, in 
manner as is provided by the afore-recited act for hearing and deter- 
mining of cases in equity ; and that after the expiration thereof the . 
commissioners shall make sale of all estates so forfeited, and return the 
overplus of the money received therefor, all necessary cost and charges 
being first deducted, to the mortgager, his heirs or assigns. 

A)id be it further enacted^ 

FSect. 4."1 That when the commissioners shall receive in the whole. Trustees to bo 

<- -'^i .., ,„ .,,• ■ -\ J.^ iiiii accountable for 

or any part, of the principal sums before the time expired, they snail let the principal 

out tiie same again as aforesaid ; and they shall be accountable yearly, and profits. 

both for the principal and for the profits of all bills by them let out, to 

the great and general court or assembly ; the profits to be applyed for 

and towards the support of the government, as the general court shall 

from time to time direct ; and that at the expiration of the ten years, 

as aforesaid, the commissioners shall deliver up all the bills then in 

their possession unto a committee of the general court, that they may 

be burnt to ashes. 

And he it further enacted by the cmthority cforesaid, 

[Sect. 5.] That when the whole of what is due upon any mortgage Trustees to pass 
be paid in to the commissioners, they, or any three of them, shall sign a receipts. 
receipt on the back side of the original mortgage, certifying therein that 
they have received full satisfaction for the same ; which, being entred 
in the margin of the registry where such mortgage is recorded, shall be 
a full and final discharge thereof. 

[Sect. 6.] And all mortgages, made and to be made, shall be to the Mortgages to be 
commissioners, in trust for the ends and uses aforesaid, who shall for uustees. 
that purpose give their attendance at some convenient place in the shire 
towns of the respective counties, on Wednesday, once in a fortnight. Time and place 
for six months from their first beginning to let out the said bills ; and ance. ' " ^ " 
after that, on Wednesday, once in each mouth, during the term of ten 
years aforesaid ; and in letting out the said bills, are to have a special 
regard to the inhabitants of the several towns in their respective coun- 
ties, witli respect to their publicic tax. 

[Sect. 7.] And for three months' space after their receipt of any 
part of the said bills, they are to make such a reserve as that the inhab- 
itants of each town may have the opportunity of taking their proportion • 
thereof. 

[Sect. 8.] And the said commissioners shall be sworn before the Trustees to be 
governour and council, or some court of record, to the true and faithful ^^°™- 
discharge of the great trust in them reposed, and be rewarded for their 
service by and with the allowance of ten shillings on every hundred Their allow- 

t' • c? •/ aiic6 

pounds they shall so let out, and the sum of- twenty shillings on every 
hundred pounds that shall be paid in to them, to be equally divided 
among them. 

[Sect. 9.] And that Adam Winthrop, William Denison, Elisha T\?^^^^^^'J^^^^^ 
Cooke, Oliver Noyes and Samuel Thaxter, Esqrs., be the first trustees ofSuiibii. 
for the county of Suff'olk ; and that Charles Chambers, Jonathan Dowse, Middlesex. 
Jonathan Remington, Edmuiid Goff'e and Jonas Bond, Esqrs., be the 
first trustees for the county of Middlesex ; and that Benjamin Lynde Essex, 
and John Turner, Esqrs., Mr. Daniel Rogers, Col. Henry vSomersby and 
Capt. Walter Price, be the first trustees for the county of Essex ; and 



64 



Province Laws. — 1716-17. 



[Chap. 18.] 



Plymouth. 
Bristol. 

Hampshire. 
Barnstable. 

York. 



General ees- 
sious of the 
peace to supply 
commissiopers, 
in case, &c. 



that Nathanael Thomas, Esq., of Plymouth, Maj. Isaac Lothrop, Mr. 
John Watson, Capt. Isaac Little and Capt. Joshua Cushing, be the 
first trustees for the county of Plymouth ; and that Col. Nathanael Pain, 
Capt. Samuel Gallop, Capt. William Southworth, Mr. Nathanael Bla- 
grove and John Rogers, Esq., be the first trustees for the county of 
Bristol ; and that Col. John Pinchon, Mr. Henry Dwight, Mr. Luke 
Hitchcock, John Ashley, Esq., and Mr. John Partridge, be the first trus- 
tees for the county of Hampshire ; and that Col. William Basset, Col. 
John Otis, Capt. Joseph Lothrop, Peter Thacher, Esq., and Mr. Ebenezar 
Lewis, be the first trustees. for the county of Barnstable ; and that Abra- 
ham Preble, Esq., Capt. Samuel Plaisted, Capt. John Leighton, Mr. 
Samuel Cane and Capt. Lewis Bane, be the first trustees for the county 
of York, for the putting of this act in execution accordingl}'. 

A^id be it further enacted, 

[Sect. 10] That in case of the refusal, removal by death, or other- 
wise, of any of the said commissioners, the court of general sessions of 
the peace in the respective counties are hereby directed and impowred 
to nominate and appoint a commissioner or commissioners to supply 
such vacanc}', who shall be sworn to the faithful discharge of their trust, 
as in this act is directed. \_Passed December 4. 



[4th Sess.] Province Laws. — 1716-17, 65 



ACT 

Passed at the Session begun and held at Boston, 
ON the Tenth day of April, A.D. 17 17. 



CHAPTER 19. 

AN ACT FOR THE BRINGING FORWARD ALL WRITTS, PLEAS AND OTHER 
PROCESS WHICH WERE TO HAVE BEEN HEARD AND TRYED AT THE 
GENERAL SESSIONS OF THE PEACE AND INFERIOUR COURT OF COM- 
MON PLEAS, RESPECTIVELY, AT THEIR SESSIONS ON THE FIRST 
TUESDAY OF MARCH, 1716, UNTO THE COURT OF GENERAL SESSIONS 
OF THE PEACE AND INFERIOUR COURT OF COMMON PLEAS, HOLDEN 
AT PLYMOUTH ON THE THIRD TUESDAY OF JUNE, 1717. 

Whekeas, by reason of the late gi-eat and extraordinary snow and 
difficulty of travel, the court of general sessions of the peace, which 
was to be held and kept at Plymouth, for the county of Plymouth, on 
the first Tuesday of March last, was discontinued, and the inferiour 
court of common pleas for the same county, to be held at the place and 
time aforesaid, was continued, by an adjournment, nnto Tuesday, the 
twent}' -third day of April, instant, which is the same day unto which 
the superiour court of judicature, court of assize and general goal deliveiy , 
to be holden at Plymouth for the countys of Plymouth, Barnstable, and 
Dukes county, stands adjourned, so that the said inferiour court cannot 
then conveniently be held and kept, — 

Be it therefore enacted by His Excellency the Governoicr, Council and 
Rejiresentati'ves in General Court assembled, and by the authority oftlie 
same, 

That all and all manner of pleas, writs, actions, suits, plaints, process, 
precepts, recognizances, inditements, presentments and other things 
whatsoever, returnable or that had day or days in the said court of gen- 
eral sessions of the peace or court of common pleas, which was by law 
to have been held and kept at Plymouth, for the said county of Plym- 
outh, on the first Tuesday of March last, may and shall be pleaded, 
heard, tryed, and proceeded upon at the next general sessions of the 
peace and inferiour court of common pleas, respectively, which is to be 
holden for and within the county of Plymouth aforesaid, at Pl3^mouth, 
on the third Tuesday of June next ; and all part3-s that had day by any 
pleas, writs, bills, actions, suits, plaints, process, precepts, recognizances 
or other thing or things whatsoever, at or in the said court of the general 
sessions of the peace or inferiour court of common pleas, respectively, 
which was to have been held at Plymouth on the first Tuesday of 
March, as aforesaid, shall appear at such next court to be holden for and 
in the said county of Plymouth, under the penalty of forfeiting any 
bonds, obligations or recognizances for the appearance of said partys, 
or any other penalty that might have incurred on the said partys for not 
appearing at either of the said courts of general sessions of the peace or 
common pleas, respectively, if the same had been holden and kept at 
the time by law appointed, on the first Tuesday of March aforesaid 
(excepting only the petty jui-ors chosen to serve at the said March 
9 



66 Province Laws. — 1716-17. [Notes.] 

court, who are hereby dismist) ; any law, usage or custom to the con- 
trary notwithstanding. [Passed April 12 ; published April 13. 

Notes. — There were four sessions of the General Court this year; but no acts were 
passed at the second session. The engrossments of chapters 1, 2, 4, 6, 8, 9, 10, 12 and 18, 
are lost. All the acts of this year were printed in the sessions pamphlet except chapters 
11, 12 and 19. Chapter 12 is here printed from a copy in the Public Record Office, London. 

The following is the title of a private act passed at the first session : — 

" An Act for the change or alteration of the Su-uame of Spencer Bennet, alias Phips, of 
Cambridge, Esq'." — [Passed June 23. 

Besides the action taken by the Board of Trade, &c., as shown in the following notes to 
particular chapters, all the acts of the first session, includirig the private act a))Ove named, 
appear to have been considered by the Board May 23, 1718, " Mr. West being present." 
" No objections arising" upon nine of these acts, the Board "agreed to let them lie bj% 
probationary." Mr. West "was desired to consider" chapter 3, and .an order was passed 
to notify Mr. Dummer, the agent of the province, thereof. Chapters 4 and 11 were found 
to have expired ; and an order passed " that the Gov of the Massachusetts Bay be wi'it 
for the Reasons for passing" chapter 10. 

On the 18th of June, 1718, the Board considered the remaining acts of this year " and 
no objection appeared to the Board against any of them." On the 9th of July following 
Mr. West maclc his report on chapter 3 as given in the note to that chapter, post. 

On the 15th of October, 1724, chapters 2, 5, 6, 7, 8, 10, 13, 14, 1.5, 16, 17 Mere included in 
the list of acts submitted to Mr. West as described in the Notes to 1715-16, ante. These 
were returned by Mr. West May 19, 1725, with the report that to all of them he had " no 
objection to their being pass'd into Law," and with the same endorsement; i. e., that they 
had not been presented for confirmation and therefore might be repealed. 

Chap. 1. " June 12th 1716. The following Vote pass'd in the House of Represent™^ 
Read & Concur'd ; Viz, 

Voted that the Rates of Excise on Strong Drink for the Year coming be as follows ; Viz, 
Upon Rum & other distil'd Spirits, Eight Pence per Gallon, On all Sorts of Wine Six Pence 
per Gallon, On Cyder & Perry two Shillings per Barrel, and that all Taverners, Retailers 
&c. shall give Accompt upon Oath of their Draught & that they shall not lie compounded 
with. That An Act be drawn accordingly : — Consented to. Wm Tailee." 

— Council Records, vol. X., p. 74. 

Chap. 3. " June 10th 1719. A Petition of Adam Cogswell of Ipswich in the County of 
Essex, Yeoman, Shewing that he was sued by the Hon'^'e John Applcton Esq"" Judge of the 
Probate of Wills for the said County by Review in a Plea of Debt originally commenced 
against the Petitioner & recovered judgement, for a Reversion of the former Judgement. 
Eighty seven Pounds in Currant lawful Money of this Province & Costs of Court ; that pur- 
suant to the said Judgement, Execution was issued out. That the Sheriff of the said County 
of the Goods Chattels or Lands of the said Adam Cogswell within the Precinct He Cause to 
be satisfied to. the said John Applcton the Value thereof in Money the Sum of Ninety Pounds 
nineteen Shillings & four Pence, and for Want of Goods Chattels or Lands of the said Adam 
Cogswell by him shown or found in the Precinct, to take the Body &c : Pursuant to which 
Execution, the Deputy Sheriff demanded the Money of the Petitioner, who immediately 
tender'd him Lands to the Value of Five Hundred Pounds, Notwithstanding which the said 
Deputy Sheriff forcibly seized on the Body of the Petitioner & him imprisoned, where he 
has lain from the second Day of September last to this Day, & so like to Continue imlcss 
this HonWe Court will releive Him, That the Petitioner did at the Superiour Court held at 
Salem on December 16, 1718, sue John Gains Deputy Sheriff; After Hearing the Cause, The 
1696, chap. 10. Jury brought in their Verdict, in the following Words; Viz, 'Adam Cogswell, Plaintiff, 
1716-17, chap. 3. John Gains Defendant, The Jury find for the Defendant Costs of Court, If the Law of the 
Province Page 35, Referring to the Creditoi's Acceptance in Specie be in Force, But if that 
Law of the Province Page 273, do null and make void the Acceptance of the Creditor, Then 
the Jury find for the Plaintiff Twenty Pounds in Money & Costs of Suit.' And therefore 
Praying that this HonM« Court would in their great Wisdom & Justice declare their Opin- 
ion upon the before recited two 'Laws of this Province that so the same may lie made cer- 
tain. And whether the Petitioner can have any Relief by the said Law, Page 273. 

In Council ; Read & Voted that this Petition be dismiss'd As vexatious." — Council Rec- 
ords, vol. X., p. 416. 

"Whitehall, Friday July 11th 1718. 
****** 

M' West's Report upon an Act of the Massachusetts Bay mention'd in the Minutes of 
the 23''<i of May last, entituled An Act in further addition to an Act for making Lands & 
Tenements lyable to the payment of Debts St" was read, wherenpon Ordered that a copy 
of M'' West's Report bo sent to Colonel Shute, Governor of that Province that a new Act 
may be pass'd not lyable to the objections against the present Act. * * *." — Journals 
of the Lords of Trade, in Pub. Rec. Office, vol. 21, p. 348. 

"We send you here inclosed the opinion of Mr. West, one of his Majesty's Council at 
Law upon the Act passed in 1716, in further addition to the Act for tnaking Lands and 
Tenements liable to the payment of debts, made in the 8th of King' William, whereby you 
will see that this Act is not fit to be passed into a Law, & therefore you ought to move the 
Assembly to pass a new Act not liable to the objections mentioned in M"" West's Report. — 
" Observations " of the Lords of Trade, to Gov. Shute, June 4, 1719. 
" To THE Right Honble The Lords Commrs for Trade and Plantations. 

My Lords, In obedience to your Lordships command I have perused an Act intituled 
An Act in further addition to an Act entituled an Act for making Lands ^ Tenements 
lyable to payment of debts. 



[Notes.] Province Laws. — 1716-17. 67 

I have likewise perused the Act to wliich it refers, which was made & passed in the S"" 
year of King William, the design of which Act I do think to have been perfectly jnst. And 
in case this Act now before nie had jjursued the intention of the said Act I should havfc had 
no olijcction to its being passed into a Law, But it is so nnhappyly worded that I cannot 
see tliat l)V any construction whatsoever it can elfcct the end proposed by it. 

The end" proposed liy'this act is to make the real Estates of Deljtors lyalde to the payment 
of their personal Debts which by the former Aft of King William was suflicicntly provided 
for in case of the debtors dving indebted in a greater sum than his personal Estate was 
able to answer. This Act proposes to provide for the Creditors security during the life of 
the debtor by compelling him to a Mortgage of his Lands, to which end it is enacted that all 
Creditors recovering Judgment & the Debtor not satisfting the same to the accci)tance or 
satisfaction of the Creditor shall have execution thereupon against the Lands of the Debtor 
and the fciheriflf shall cause a parcel of the Debtors Lands to be set out (by the Oath of three 
Appraisers) sufficient to satisfy the Creditors demands and shall ther(Jof deliver possession 
& sci.-in to the Creditor which when recorded is enacted to be a good Title to such Creditor 
or Creditors. 

Mv olijcction my Lords to this Act arises from the last words which in my opinion leaves 
the Creditor (tho' perhaps contrary to the intention of the makers of the Act) in a worse 
condition than they found him. 

By the equity of redemption reserved it is manifest that the intention of the Lawmakers 
could be only "to create a real security to the Creditor for his debt by way of mortgage 
which mortgage can i)C only for the life of the Mortgagee, They having forgot to insert af- 
ter their enacting that the returning of the aforesaid execution should be a good Title to 
the Creditor, tluit it should also extend to his Heircs without which word it is certain no 
larger Estate than for life can be created, and which they therefore in the said Act of King 
William do very properly use. 

I must also observe that the acceptance of such Mortgage under this Act is a discharge 
of the execution against the Debtor & his Land and that the Estate for the life of the Mort 
gagee being by this Act considered as a full satisfaction for any debt whatever It from 
thence follows that if any Creditor should chance to die Imt the next week after such ac- 
ceptance of the Mortgage as aforesaid the Debt is wholly extinguished & the Ileires or 
Executors &<• of such Creditor would be absolutely barred from the making use of any 
such remedy which by the common Law or by the beforementioned Statute of King Will- 
iam they would otherwise be intituled to 

I might mention other onjcctions of less consequence, but I think what I have already 
taken notice of will be sufficient to justify my being of opinion that this Act is not proper 
to be passed into a Law, all which Ihiimbly certify to your Lordi'*' & I am My Lords, Your 
Lordi'* most obedient and most humble Servant. Richd West " 

9 July 1718. 
—Public Record Office : " Board of Trade " 38, p. 168. 

Whitehall. Tuesday June Qt^ 1719. 
****** 

Their Lordships taking into consideration M' West's Report of the 9* July 1718 upon an 
Act passed in the INIassachusets Bay in 1716, for makincj Lands ^ Tenements liable to jmi/- 
vient of debts ; Ordcr'd that M"^ West "be desired to let their Lordships have those other objec- 
tions of less consequence against passing the abovemcntioned Act, which in that Report (he 
says) might lie mentioned."' — Journals of the Lords of Trade in Pub. Rec. Office, vol. 22, p. 263. 
" To RiciiAKD Wlst, Esqr 

Sir, Yon had some time ago under your consideration an Act passed in the Massachu- 
setts Bay in 1716, cntituled, An Act in'further addition to an Act entituled an act for inaking 
Lands <s" Tenements liable to the paijmeht of debts made & passed in the 8"' year "of the reign 
of King" William & made your report thei-eupon the 9t'i of July last whercm you give your 
opinion that the Act is not proper to be confirmed & add that you had other oVijections of 
less consequence. The Lords Commissi* of Trade & Plantations have commanded me to 
return yon the said Act which you will find in the enclosed [larcell fol. 273 & thereupon to 
desire you would let them know what are those other olijections you mentioned & that 
you would please to let their Lordi'^ have them as soon as may be I am, Sir, Your most 
humble Serv' 

Whitehall June 10* 1719. Wm Popple" 

—Ibid., 2). 2^1. 

No report in response to the above communication "has been found. 

Chap. 6. Secretary Popple to the Secretary of the Commissioners of Customs : — 
"To Charles Caekesse Esq™ 

Sir, — I am commanded l)y the Lords Comlhrs for Trade & Plantations to send you the 
enclosed extract of a letter from M"' Archibald Cumings, Surveyor & Searcher of the Cus- 
toms at Boston in New England dated 2'"' August last And upon the former part thereof 
to desire you will inform "their Lordships whether there be any Law which prohibits the 
goods of Dutch, French, Danish or other Foreign Plantations being imported into any of 
the British Plantations. As to what he writes relating to the fees of a Searcher &>= at Bos- 
ton yon will herewith receive a copy of a Memorial from Coll. Hcathcote, Surveyor Gen' 
of His Majesty's Customs in North America to the Lieut. Gov. Council & Assembly of the 
Massachusets Bay, and the Copy of an Act lately passed there for stating the Fees of the 
Custom Bouse Officers inthin that Province ; Whereupon I am to desire you will move the 
Hon''"'- the Commis" of his Majesty's Customs that my Lords Comiiirs for Trade may 
have their opinion .with all convenient speed, as to the reasonableness of the said Act, & 
M"' Cumings' Proposal relating to his own Fees, as likewise how far the Proposal that the 
Fees of all the Custom HouseOfficcrs in his Majesty's several Plantations in America be 
regulated here, is practicable, or may be of publick advantage. 

I am, Sir, Your most humble Serv' Wm Popple." 

Whitehall November lo"> 1716. 
—Pub. Rec. Office : " New Eng., Board of Trade," vol. 38, p. 14. 



68 Peovince Laws. — 1716-17. [Notes.] 

The following is the extract, above referred to, from the letter of Mr. Cumings to the 
Lords of Trade : — 

****** 

"When I was appointed as Surveyor and Searcher here, Col Heathcote as Surveyor 
Gen' gave in a Memorial to the Assembly for a regulation of Fees for my OtHce, and the 
Copy of the Fees established at New York for said Officer, they being upon establishing 
Fees for the Collector & Comptroller at the«ame time they were not so mannerly as to give 
him any answer thereto, so that Act being sent home to your Lordships to get it approved, 
I hope your Lordships will be pleased to consider the Memorial & Table of Fees estab- 
lished at New York in 1710, a copy whereof I herewith transmit to your Lordships signed 
by the Clerk of the Assembly that "the Surveyor's Fees may be established Ijcfore said Act 
passes, but it would be an advantage to Trade to have a general Table of Fees appointed 
at home for all the Continent & Islands, thei-e Ijeing now a great disproportion in the same ; 
all which is humbly submitted to your Lordships' consideration by him who is, with most 
dutiful regards 

My Lords, Your Lordships' most faithful and obedient humble Serv' 

Boston, Aug' 2»<i 1716. Archo Cumings." 

—Ibid. 

Extract of letter from Secretary Carkesse to Secretary Popple: — 

" Sir :«-*** And as to settling the Fees of the Officers of the Customs the Com- 
missi* have no objection to the Act passed in the Assembly of the Massachusetts Bay for 
the Ofiicers Fees therein named, but in regard there are Fees established for the Surveyor 
and Searcher at New Y'ork, the Comin's are of opinion it may be reasonable, if the Assem- 
bly shall think fit to establish like fees for the Surveyor and Searcher of Boston. And 
they are further of opinion if fees were settled for the officers of the Customs in his Majes- 
ty's several Plantations by the Respective Assemblys it would be of publick advantage : All 
which the Commiss''* desire you will lay before the Lords Commiss'* for Trade & Plantations. 

Custom Ho : London I am, Sir, Your most humble Serv' 

20"' Nov 1716. Char. Carkesse." 

—Ibid., 2}. 17. 

Upon further consideration of this act the Lords of Ti-ade, on the 7th of ISIay, 1719, 
ordered a copy to be again sent to Mr. Carkesse "to know if the Connn'* of his Majesty's 
Customs have any objection thereto." Mr. Popple, accordingly^ on the same day, wrote, 
enclosing a copy of the act, but no reply fi'om the Commissioners of Customs lias been 
found. — See ibid., p. 271 ; and see note to chap 7, post. 

Chap. 7. " June 23, 1716. — A message by M"" Elisha Cook from the Representatives to 
enquire of the llon'^''^ Board what they had done relating to the Bill brought in for regulating 
the fees of the Admiralty. 

Proposed by the Hon'^'e the Lieutenant Governor, and Voted that it be refen-ed to His 
Majesties Attorney General whether there be anything in our Charter that barrs this Gov- 
emm' from stating or regulating the fees of the Admiralty Court here. 

Report of the Attorney General upon the foregoing vote ; viz. Having considei'ed the 
Roj'al Charter for this Province with the powers therein granted to the Great and General 
Court or Assemblj', as also the exception or reservation of the Admiralty Jurisdiction, my 
opinion is that the said exception or reservation extends only to the erecting or constitut- 
ing any such Court, or exercising the jurisdiction power or authority thereof, and the ap- 
pointing the oflQcers of the said Court : And that therefore the regulation of the fees of that 
Court and the officers thereto belonging (save only in the case of pi'izes, which is already 
stated by Act of Parliament) is within "the power and authority of the Great and General 
Court or Assembly of this Province, more especially if the fees of the said Court of Admi- 
ralty have been or arc either uncertain or gi'ievous ; All which is humbly submitted by 
yom- Honours Humble Servant — Paul Dudley Attor. Gen'i 

Boston June 23, 1716. 
In Council : Read and accepted." — Council Records, vol. X., jJ. 91. 

The following is from the journals of the Board of Trade : — 

" Whitehall, Thursday May 7"', 1719 
****** 

Upon further consideration of the Acts passed in the Massachusetts Bay in 1716, intituled 
an Act in addition to the Act for regulating Fees made in the 4th of King William and 
Queen Mar.y, stating the Fees of the Officci's of the Court of Admiralty, "And an act * 
(chap. 6, 1716,) * Order'd that a Copy of the first mentioned Act be sent to M'' Burchet 
to know if the Lords of the Admiralty have any objection to the Fees stated in the said 
Act " * * — Trade-papers (Journals) vol. 22, p. 236, in Pub. Rec. Office. 
" To Jo. Burchet Esqf« : _ 

Sir, I am commanded by the Lords Comm" for Trade & Plantations to send ^'ou the 
enclosed Copy of an Act passed in the Massachusetts Bavin 1716 intituled an Act in addi- 
tion to the Act for regidating Fees made &; passed in the 4th year of King William &; Queen 
Mary, stating the fees of tfie Officers of the Court of Admiralty & thereupon to desire you 
will please to let me know whether the Right Hon'^'" the Lords Comm" of the Admiralty 
have any Objection to the Fees stated in the said Act. 

I do not send you the Act mentioned in the Title of this Act, because that Act takes no 
notice of any Fees for the Officers of the Court af Admiralty. 

I am. Sir, Your most hum''''^ Serv' W" Popple " 

—Tub. Rec. Office : " New Eng., Board of Trade," vol. 38, p. 270. 
"To William Popple Esq>e 

Sir, Having communicated to my Lords Commiss" of the Admiralty your letter of yes- 
terday's date inclosing the copy of an Act passed in the Massachusets Bay in 1716 & de- 
siring to know whether their Lordships have any objection to the Fees stated therein for 
the Officers of the Court of Admiralty, I am commanded to acquaint you that their Lord- 



li 



[Notes.] Province Laws. — 1716-17. 69 

ships have no ohjections to the Fees thus establishecl by the Act which I desire you will 
please to communicate to the Lords Comiii"'' for Trade & Plantations. 
I am Sir, Your most humble Ser' 
Admiralty Office S'h May 1719, J. Bt'ECHEx" 

— 76/f/.,;^.'271. 

Chap. 10. — " Wc have no objections to the Act, S^c, * * but should be glad to know 
what reason there is for passing; such an Act in theMassachusetts Bay."—" Observations" 
of the Lords of Trade, to Gov. Shute, June i, 1719. 

Chap. 11. " November 29"' 1716. The following Resolve pass'd in the House of Rep- 
ret cnt*>^ Read & Concur'd ; Viz, 

"Wlicreas it is Enacted in the Act entituled An Act for Granting to his Majesty several 
Rates & Duties of Impost & Tunnagc of Shipping Viz, That if the Commissioner or Re- 
ceiver shall suspect that any Mei'chant Factor or other Person to \\honi any "Wines Liquors 
Goods or Merchandize comes consigned does not in the Entry or Writing thereof to be 
given under his Hand as aforesaid make a full & perfect Entry of such Wines, Liquors 
Goods & Mcrcliandize, or that the Invoices thereof produced & shown l)y any Person or 
Persons as by this Act is directed are not really & Bona Fide the Original Invoices of the 
Wines Liquors, Goods & INlcrchandizes such Person or Persons shall then Enter, In every 
such Case, the Commissioner or Receiver is hereby Ordered and Directed not to admit 
such Person or Persons to any Entry of the said Wines Liquors Goods or Merchandizes 
untill he or they shall have made Oath to the truth of said Writing or Invoice, l>y him or 
them presented as afores<i Whereby the officer is laid under tlie Hardship of Suspecting & 
so Oflending all such Persons as he shall administer an Oath to, As aforesaid; 

Resolved that the said Commissioner be & hereby is Directed & Impowered to Admin- 
ister such Oath to every Person or Persons whatsoever betbre he admit him or them to 
any Entry ; Any Law, Usage or Custom to the Contrary notwithstanding : — 

Consented to, Sami-l Siiute." 

—Council Becords, vol. X., p. 130. 

"There is an Act passed in 1716 entitled A71 Act for granting to his Majesty several rates 
and duties of Impost 4? Ttmnage of IShipping * « * tho' these laws arc expired we 
must observe to you that such Laws are not fit to be passed by you his Majesty's Gov- 
ernor, for the first of them lays double the duties on British ships than it does on ships 
belonging to the Massachusets Bay and the other lays a duty on goods from this King- 
dom, which ought not to be allowed of, and therefore you ought to take care for the future 
not to pass any Law whercbj' the Trade or Shipping of this Kingdom shall be attected." 
— "Observations" of Lords oflVade, to Governor Shute, June 4, 1719. 

Chap. 18. " June 23, 1716. The following Order pass'd in the House of Represent^" 
Read & Concur'd; Viz., — 

Ordered that the Five Thousand Pounds of Bills of Credit directed to be made this Ses- 
sion be made. One Thousand Pounds thereof upon the new middle Plate, that contains 
the Three, Five, Ten & Twenty Shillings Bills And Four Thousand Pounds thereof on the 
Highest Plate, that contains thirty. Forty, Sixty & One Hundred Shilling Bills. 

And whereas the Hon'^'= Samuel Sewall Esq^ has desired to be dismiss'd out of the 
Committee for Making the said Bills, That the Hon^'e Adam Winthrop Esq'' be of the 
said Comni'™ in his Place. Consented to, W" Tailer." 

■ — Council Records, vol. X., p. 90. 

"Decemlier 4. 1716 The following Order pass'd in the House of Representatives; Viz, 

Ordered that Elisha Cook & Thomas Newton Esq'^ be a Committee to prepare tlie Form 
of a Mortgage proper for the Letting out the Hundred Thousand Pounds of Bills upon. 
Pursuant to an Act pass'd by this Court this Session, & to obtain a Sufficient Number of 
them for the Occasion printed at the publick Charge & Sent to the several Counties. 

Read & Concur'd in Council, And that Paul Dudley, Esq'' his Majesties Attorney Gen" 
be of the Committee for tlie Affair abovesaid ; Sent down for Concurrence ; And Non-Con- 
cur'd by the Representatives." — Ibid., p. 13-3. 

"Dec. 4, 1716. The following Ord'' passed in the House of Represent^'"^ Read & Con- 
cur'd; Viz., — 

Ordered that the Committee that made the last Bills of Credit on this Province be Di- 
rected to Make One Hundred Thousand Pounds more of the said Bills Avith as much Ex- 
pedition as may be And when & so often as they shall have perfected the Sum of Twenty 
five Thousand Pounds of the said Bills They shall deliver them to the Commissioners 
appointed in the several Counties to let out the same in Proportion as Directed by an Act 
pass'd this Session Taking the Receipt of each one of the respective ('ommissioners for 
the same : The Committee'to be paid for Making the Bills as for the last they made. 

Consented to, Samll Shute." 

~Ibid.,j). 136. 

"Dec, 4, 1716 The following Order pass'd in the House of Represent^''^^ Read and Con- 
cur'd; Viz, 

Ordered that the Gentlemen under -nTittcn be Commissioners Pursuant to the Act pass'd 
this Session, entituled An Act for the Making & Emitting the Sum of One Hundred Thou- 
sand Pounds."— /6('rf. Then follow the same list of names as in the act. 

§ 1. "Nov. 20, 1717. In the House of Representatives Nov. 19. Upon a Question 
moved by the Commissioners appointed to let out the Proportion of the Bills of Credit be- 
longing to the County of Middlesex Pursuant to the Act entituled An Act for the Making 
& Emitting the sum of One Hundred Thousand Pounds in Bills of Credit on this Province 
upon the Scnce of these Words in the first Paragi-aph of the said Act ' Wlio arc to let out 
the said Bills to such of the Inhabitants of this Province who desire it,' Viz., Question, 
Whether the Commissioners of each County are impowred thereby after three Months to 
let out any of the Bills that may remain in their Hands to Persons not having any Real 
Estate in the County where the Bills are to be let upon good and sufficient Security as the 
said Act Directs in any other County of this Province ? 



70 Peovixce Laws. — 1716-17. [Notes.] 

It Pass'd in the Affirmative with Direction to the respective Commissioners to be very 
circumspect and cautious that the Security which they take to be good & sufflcient. Sent 
down for Concurrence. Read & Concur'd : — Consented to, Sam'-l Shite." 

—Ibid., p. 221. 

"My Lords, The great quantity of Paper Bills of Credit which are now circulating in 
the Province of Massachusetts Bay in New England are very detrimental to the Trading 
•Merchants there, and also to the Merchants in Great Britain. 

I therefore thought it my duty to acquaint your Lordi'* That there is now one hundred 
thousand pounds in those Bills of Credit circulating in that Province, which according to 
the Act of Assembly made in 1716, were to circulate no longer than ten years which deter- 
mines in May 1727 — And having lately received information from thence, that if I should 
not receive liis IMaj'-^" commands, and arrive soon enough to prevent it. It's feared that 
under some pretence or other the calling in of those Bills will be postpon'd. 

It's therefore humbly suljmittcd to your Lord''" whether a positive order should not be 
immediately sent to the Lieut. Gov of that Province, so as those Bills may be called in 
according to the tenour of the said Act of Assembly. I am Your Lordi" most humble scr' 

St. James' Feby 2'^' 1726-7. Samuel Shl'tb." 

— Public liccord OJfice: '^ Ncic E)ig., Board of Trade" vol. \i, Y., 72. 

"Reccd and read same day, andtheir Lordships ordered that a letter should be prepared 
accordingly. 2 Feb>' 1726-27" — " Trade-palmers (Journals)" in Pub. Ilea. Office, vol. i\,p. 22. 

"To William Dimmer Esq'" Lieut Gov of the Massachusets Bay 

Sir, There licing an Act pass'd in the Province of the Massachusets Bay in 1716 En- 
tituled An Act for the making and remitting the sum of One hundred thousand pounds in 
Bills of Credit on this Province in such manner as in the said Act is hereafter expressed; 
And my Lords Conmirs for Trade & Plantations not thinking it for the good of the Prov- 
ince or the Merchants trading there that these Bills of Credit should be any longer con- 
tinued, I am commanded to acquaint .you, that their Lordships expect that you will take the 
necessary care that the Bills of £100,000 now circulating in your Govenniient l)y virtue of 
the^aforcsaid Act, may be all called in and destroy'd in May next, as tliat Act does^then 
expire ; and that for the future you do not pass any Act for creating a Paper-Currency, 
without his Majestys express leave for that purpose. I am, Sir, Your most humble Serv' 

A. Popple. 
Whitehall, Fcb^ 8«' 1726-7 ."—Public Record Office: "New Eng., Board of Trade," vol. 38, 
p. 482. "The above letter order'd to be prcpar'd the 2"^ inst. Avas agreed & order'd to be 
sent. 8 Feby 1726-7." — "Trade-papers (Journals)" in Public Record Office, vol. Z\,p. 34. 

(«) " June 23, 1716. The following Resolve pass'd hi the House of Reprcsentat™^ Read 
& Concur'd ; Viz., — 

. Resolved that the Sum of Five Thousand Pounds of Bills of Publick Credit on this Prov- 
ince be further & forthwith made by the Committee last appointed by this Court to make 
such Bills, Who shall be paid for their Making them in the same Proportion as they were 
for the last they made, "rhat the said Committee deliver the said Bills to the Treasurer 
taking his Receipt for the same. 

And the Treas'' is hereby Directed & Impowered to Issue forth & Emitt the said Sum of 
Five Thousand Pounds for the Payment of the publick Debts (if the Province already con- 
tracted for the Defence & Support of the Govcrnm' & (he necessary Protection & Preser- 
vation of the Inhalntants of this Province & for the Suljsisting of Forts & Garrisons & 
Wages arising for their Service for payments of Grants, Salaries & Allowances made & 
to be made by this Court According to such Draughts as from Time to Time shall be 
made upon him liy Warr' or Order of the Govern'' or Commander in Chief for the Time 
being by & with the Advice & Consent of the Council ; And the said Bills shall pass out of 
the Treasury at the Value therein exprcss'd equivalent to Money And shall be taken & ac- 
cepted in all publick Payments at the Advance & after the Rate of Five Pounds per Cent. more. 

And as a Fund & Secunty for the same There be & hereby is Granted to his Most Ex- 
cellent Majesty to the Ends & Uses aforesaid a Tax of Five thousand Pounds to be levied 
on Polls & Estates both Real & Personal within this Province according to such Rules ^ 
in such Proportion upon the several Towns & Districts within the same as shall be Agi-eei 
on & Ordered by the Great & General Court or Assembly of this Province at their Ses 
sion in May Anno (1710) One Thousand seven Hundred & nineteen & paid into the Trea 
sury on or before the last Day of December next after. Consented to, 
— /6(VZ.,p;;. 90, 91. Wm Tailep.." 

{by "Dec. 3, 1716. The following Resolve pass'd in the House of Represent^'^'* Read 
& Concur'd; Viz., — 

Resolved that the Treasurer be & hereby is Directed & Impowered to Issue forth and 
Emit of the Bills of pnlilick Credit received into the Treasury the Sum of Six Thousand 
Pounds for Payment of the pul)lick Debts of the Province already contracted for the De- 
fence c'v Snjiport of the Government & the necessary Protection & Preservation of the In- 
hal)itanrs cjI' tliis Province & for the Sul)sisting of Forts or Garrisons & Wages arising for 
their Service for Payment of Grants, Salaries & Allowances made or to be made by'this 
Court according to such Draughts as from Time to Time shall be made upon him by "War- 
rant or Order of the Governonr or Commander-in-Chief for the Time liein? I)V & with the 
Advice & Consent of the Council And the said Bills shall pass out oi Xhc jmblick Treasury 
at the Value therein exprcss'd equivalent to Money & shall he taken & accepted in all 
pul)]ick Payments at the Advance & and after the Rate of Five Pounds per Cent. more. 

And as a Fund & Security for the same. There be & hereby is Granted to his most Ex- 
cellent Majesty to the Ends & Uses aforesaid a Tax of Six Thousand Pounds to be levied 
on Polls & Estates both Real & Personal within this Province according to such Rates & 
in such Proportion upon the several Towns & Districts within the same as shall be agreed 
on & Ordered l)y the Great and Gen" Court or Assembly of this Province at their Session 
in ISIay 1719 & paid into the Treasury on or before the List Day of December next after. 
— Ibid,,p.Vii:. Consented to: Sam". Shute." 



ACTS, 

Passed 171 7—1 8. 



[71] 



ACTS 

Passed at the Session begun and held at Boston,- 
ON THE Twenty-ninth day of May, A.D. 17 17. 



CHAPTER 1. 

AN ACT IN ADDITION TO AND EXPLANATION OF TWO ACTS REFERRING 
TO THE REGULATING OF FEES, &c. 

"Whereas in the first act for regulating of fees, made in the fourth I692.3, chap. 37. 
3'ear of King William and Queen Mary, there is an article of two shil- 
lings and sixpence in the secretary's fees, for every order of council to 
the benefit of particular persons, under pretence whereof demand has 
been made in the said office for the said sum even for orders for the pay- 
ment of the publick and just debts of the government, — 

Be it enacted by His Excellency the Governour^ Council and Representa- 
tives in General Court assembled^ and by tJie authority of the same, 

[Sect. 1.] That for the future no fee whatsoever shall be due or de- 
manded for au}^ order of the governour and council for the paym[en]t 
of any publick debt, of and from the government. 

And he it further enacted by the authority afores\_ai'\d, 

[Sect. 2. J That the fee for any petition to the governour and coun- 
cil, referring to any debt of the province, as aforesaid, be two shillings 
and sixpence, and no more. 

And whereas in the late act, made in the first year of his present 
majesty's reign, intituled "An Act in addition to the act for regulating 1715.16, chap. 6. 
of Fees," under pretence of tfie word cop3dng, all and every matter 
and thing whatsoever, in the said act, demand has been made of money 
or fees, even for rough draughts and preparatory cop [ie][y]s, for the 
use of the publick, when the said act was designed only for such 
cop[2e] [y]s had and taken for private use, — 

Be it therefore further enacted by the authority aforesaid, 

[Sect. 3.] That no fee whatsoever shall be due or demanded in the 
said office for any other cop [?e] [y] s or copying, than such as are taken 
from fair entr[ie] [y]s, registers or records, and those only for a private 
use, and not for the service of the government ; any law, usage or cus- 
tom to the contrary notwithstanding. \_Passed June 27. 



CHAPTER 2. 

AN ACT FOR REVIVING AND FURTHER CONTINUING OF AN ACT EN- 
TITULED "AN ACT FOR EXPLANATION OF, AND SUPPLEM[EiVlT TO, 
THE ACT REFERRING TO THE POOR," &c., MADE IN THE NINTH YEAR 
OF THE REIGN OF QUEEN ANN[£]. 

Be it enacted by the Governour, Council and Representatives in General 
Court assembled, and by the authority of the same. 

That the s[ca]d act, and all and singular the paragraphs, clauses, i7to-ii, chap. 6. 
articles, dire<itions and powers therein contained, be, and hereby are, 

[73] 



74 



Province Laws.— 1717-18. [Chaps. 3, 4.] 



revived, re-enacted and directed to abide and remain in force, and ac- 
cordingly to be exercised, practised and put in execution, until the 
tliirt[«] iy]eth day of June, anno Dom[i7u'] one thousand seven hundred 
and twenty, and no longer ; any law, usage or custom to the contrary 
notwithstanding. \^Passed Jane 19. 



CHAPTEK 3. 

AN ACT TO ENABLE THE COMMISSIONERS FOR BANKRUPTS' ESTATES 
TO FINISH THE BUSINESS OF THEIR COMMISSIONS. 



1713-14, chap. 
14. 



Whereas during the time that the late act referring to bankrupts 
was in force, l^everal commissions were regularly issued, and commis- 
sioners legally appointed pursuant to the s[a/]d act, but the proceedings 
of such commissioners not perfected before the said act was expired ; 
whereupon inconveniencies and lawsuits may arise, unless remedied, — 

Be it enacted bij His Excellency the Governour, Council and Re2)resen- 
tatives in General Court assembled, and by the authority of the same, 

That all such commissions as were regularly taken out on any bank- 
rupt estate, and the business thereof not finished, shall be 3'et look'[rt] [t] 
upon and held good and valid ; and the commissioners therein ap- 
pointed may, and hereby are impowred and dil-ected to go on, proceed 
in and finish such their commissions, according to the directions of the 
said act altho' the same is expired ; any law, usage or custom to the 
contrary notwithstanding. \_Passed June 22. 



CHAPTER 4. 

AN ACT IN ADDITION TO AN ACT ENTITULED " AN ACT RELATING TO' 
THE DUTY AND OFFICE OF A CORONER," MADE IN THE TWELFTH 
YEAR OF THE REIGN OF KING WILLIAM THE THIRD. 



1700-1, chap. 3, 
§10. 



Coroners em- 
powered to 
serve writs, in 
case, &c. 



Whereas in and by the said act, the coroners of the several coun- 
t[^*e][y]s of this province are impowred to serve and execute all writs 
and processes directed unto them against the sheriffs of the same coun- 
ty, but no provision is therein made to serye any writ or process wherein 
a sheriff of the same county is or may be plaintiff, and so a failure of 
justice may happen, if not remedyed, — 

Be it therefore enacted by His Excellency the Governour, Council and 
Representatives in Genercd Court assembled, and by the authority of 
the same. 

That when and so often as the sheriff or sheriffs of any of the coun- 
t[*'<^][.v]s within this province, their undersheriffs or deput[?>][y]s, or 
any of them, are or maybe concerned as plant [/^'], complainant or 
defendant in any writ, action or process, that in such case the coroner 
of the same county shall be, and hereby is, impow[e]red to serve and 
execute the same ; any law, usage or custom [e] to the contrary not- 
withstanding. [Passed June 17. 



[1st Sess.] Province Laws. — 1717-18. 75 



CHAPTER 5. 

AN ACT FOR REVIVING AND FURTHER CONTINUING OF AN ACT ENTI- 
TULED " AN ACT DIRECTING HOW RATES AND TAXES TO BE GRANTED 
BY THE GENERAL ASSEMBLY SHALL BE ASSESSED AND COLLECTED," 
MADE AND PASSED BY THE GREAT AND GENERAL COURT OR ASSEM- 
BLY AT THEIR SESSIONS UPON THE THIRTY-FIRST DAY OF MAY, ONE 
THOUSAND SIX HUNDRED AND NINETY-NINE, IN THE TWELFTH YEAR 
OF THE REIGN OF THE LATE KING WILLIAM. 

Be it enacted by the Governour, Council and Representatives in Gen- 
eral Cowt assembled, and bij the antJwrity of the same, 

That the said act, and all and singular the paragraphs, clauses, articles, looo.i-oo, chap, 
directions and powers therein contained, be, and hereby are, revived, ^''■ 
re-enacted and directed to abide and remain in force, and accordingly Soe 1716-17, 
to be exercised, practised and put in execution, until the thirt[^][y]etli *'''"p-^- 
day of June, anno Domini, one thousand seven hundred twenty and 
two, and no longer ; any law us^ige or custom to the contrar^'^ notwith- 
standing. \_Passed June 17. 



CHAPTER 6. 

AN ACT FOR GRANTING UNTO HIS MAJESTY SEVERAL RATES AND DUTYS 
OF IMPOST AND TUNNAGE OF SHIPPING. 

We, his majesty's loj'al and dutifull subjects, the representatives of 
this his majesty's province of the Massachusetts Bay in New England, 
considering the necessity of gTanting a supply of nionys for calling in 
the sum of twenty-two thousand pounds granted unto her late majesty 
b}' bills emitted at their several sessions, annis 1711* and 171C,t to be 
levyed and collected in this present year, of which the dutys of impost 
and excise and tunnage of shipping were to lie a fund and security, have 
cheerfully and nnanimously given and granted, and do hereby give and 
grant unto his most excellent majesty, to the end, use and intent afores*^, 
and for no other use, the several dutys of impost upon wines, liquors, 
goods, wares and merchandizes that shall be imported into this prov- 
ince, and tunnage of shipping, hereafter mentioned and expressed, for 
calling in the sum of four thousand pounds, part of twenty-two thousand 
pounds abovementioned ; and pray that it may be enacted, — 

A7id be it accordingly enacted by His Excellency the Governotir, Coun- 
cil and Representatives in Genercd Court assembled, and by the authority 
of the same, 

[Sect. 1.] That after the publication of this act there shall be paid 
by the importer of all wines, liquors, goods, wares and merchandizes 
that shall be imported into this province from the place of their growth 
(salt, cotton-wool, provisions and every other thing of the growth and 
produce of New England excepted) , the several rates and dutys of im- 
post following : — 

For every pipe of common wine of the Western Islands, fifteen shil- 
lings. 
For every pipe of Canary, twenty-five shillings. 
For every pipe of Madera or Pissado, twenty shillings. 
For every pipe of other sorts not mentioned, fifteen shillings. 

* Notes to 1711-12, resolves (a), (b), (c). f Notes to 1712-13, resolves (a), (i), (c). 



7G Province Laws.— 1717-18. [Chap. 6.] 

For every hogshead of rum, containing one hundred gallons, the sum 
of fifteen shillings. 

For every gallon of rum or other spirits distilled, the sum of one 
penn}^ ^ gallon. 

For every hundred pounds sterling in English merchandize, prime cost, 

twenty shillings. 

For every hogshead of sugar, two shillings. 

For every hogshead of molasses, one shilling. 

For every hogshead of tobacco, two shillings and sixpence. 

For every tun of logwood, three shillings. 

And so proportionable for greater or lesser quantitys, for all other 
commoditys, goods or merchandize not mentioned or excepted, one 
penny for'^everv twenty shilling value. 

[SV.CT. 2.] And for any of the above wines, liquors, goods, wares, 
merchandize, &c., that shall be imported into this province from any 
other ])orts than the places of their growth and produce, there shall 
be paid by the importer double the value of impost appointed by this 
act to be i-eceived for every species as above mentioned, unless they do, 
bona fule, belong to the inhabitants of this province, and came upon 
their risque from the port of their growth. 

J lid be it fuiiher enacted by the authority .aforesaid^ 

[Sect. 3.] That all the aforesd. imposts, rates and dutys shall be 
paid in current money, or in the bills of credit of this province, by the 
importer of any wines, liquors, goods or merchandize, unto the coihis- 
sioner and receiver to be appointed, as is hereinafter directed, for en- 
tring and receiving of the same, at or before the landing of any wines, 
liquors, goods or merchandize. And all entrys where the impost or 
duty to be paid doth not exceed four shillings, shall be made without 
charge to the importer ; and not more than sixpence to be paid for any 
other single entry to what value soever. 

And be it farther enacted by the authority aforesaid, 

[Sect. 4.] That all masters of ships or other vessels coming into 
any harbour or port within this province from beyond sea, or from any 
other province or colonj^, before bulk be broken and within twenty- 
four hours after his arrival in such harbour or port, shall make a report 
to the commissioner or receiver of the impost, to be appointed as here- 
after mentioned, of the contents of the lading of such ship or vessel, 
without an}^ charge or fee to be demanded or paid for the same ; which 
report such master shall give in to the said commissioner or receiver, 
under his hand, and shall therein set down and express the quantitys 
and species of the wines, liquors, goods and merchandizes laden on such 
ship or vessel, with the marks and numbers thereof, and to whom the 
same is consigned, and also make oath that the said report or manifest 
of the contents of his lading, so to be Ijy him given in under his hand 
as aforesd., contains a just and true accompt, to the best of his knowl- 
edge, of the whole lading taken on board and imported in sd. vessel 
from the port or ports such vessel came from, and that he hath not 
broken bulk nor delivered any of the wines, rum or other distilled 
liquors, wares or merchandizes loaden on sd. ship or vessel, directly or 
indirectly, and that if he shall know of any more wines, liquors, goods 
or merchandizes to he imported therein before the landing thereof, he 
will cause it to be added to his manifest, which oath the connnissioner 
or receiver is hereby impowred to administer ; after which such master 
may unload, and not before, on pain of one hundred pounds, to be for- 
feited and paid by each master that shall neglect his duty in this behalf. 

And be it further enacted by the authority aforesd., 

[Sect. 5.] That all merchants, factors or other persons, importers, 
being owners of, or having any of the wines, liquors, goods or merchan- 



[1st Sess.] Pkovince Laws.— 1717-18. " 77 

dizes consigned to them, that by this act are h-able to pay impost or 
duty, shall," by themselves or order, make entry thereof in writing un- 
der tlieir hands, with the sd. coihissioner or receiver, and produce unto 
him the original invoice of all such goods as pay ad valorem, and make 
oath thereto in manner following : — 

You, A. B., do swear that the entry of the goods and merchandize, by you 
now made, contains the true value, ag-reeabie to the original invoices here- 
with t'xhibited, and that, according to your best skill and judgment, is not 
less than the real cost thereof. So help you God. 

— and pay the duty and impost by this act required, before such wines, 
liquors, goods, wares or merchandize be landed or taken out of the ves- 
sel in which the same shall be imported, on pain of forfeiting all such 
wines, liquors, goods, wares, or merchandizes so landed or taken out 
of the vessel in which the same shall be imported. 

[Sect. 6.] And no wines, liquors, goods, wares or merchandizes 
that by this act are lyable to pay impost or dut}', shall be landed on 
any wharff or into any warehouse or other place, but in the day-time 
only, and that after sunrise and before sunset, unless in the presence of 
and with the consent of the commissioner or receiver, on pain of for- 
feiting all such wines, liquors, goods, wares and merchandizes, and the 
lighter, boat or vessel out of which the same shall be landed or put into 
any warehouse or other place. Which abovesaid oath the commissioner 
or receiver is hereby impowred to administer. 

[Sect. 7.] And if any person or persons shall not have and produce 
an invoice of the quantitys of the rum or liquors to him or them con- 
signed, then the cask wherein the same is, shall be gaged at the charge 
of the importer, that the quantity thereof may be known. 

And be it further enacted by the authority aforesaid, 

[Sect. 8.] That every merchant or other person, importing any 
wines into this jDrovince, shall be allowed twelve ^ cent ^° leakage : 
■provided, such wines have not been filled up on board ; and that every 
hogshead, butt or pipe of wine that hath two third parts thereof leaked 
out, shall be accounted for outts, and the merch' or importer to pa}^ no 
impost or duty for the same. And no master of any ship or vessel 
shall suffer any wines to be filled up on board without giving a certifi- 
cate of the quantity so fdled up, under his hand, before the lauding there- 
of, to the coiuissioner or receiver of the impost in such port, on pain of 
forfeiting the sum of fifty pounds. 

[Sect. 9.] And if it be made appear that any wines imported in 
an}- ship or vessel be decayed at the time of unlading thereof, or in 
twenty days afterward, oath being made before the commissioner or 
receiver that the "feame hath not been landed above that time, the dut3-s 
and impost paid for such wine shall be repaid unto the importer thereof. 

And be it farther enacted by the authority aforesaid, 

[Sect. 10.] That the master of any ship or vessel importing any 
wines, liquors, goods, wares or merchandizes, shall be lyable to and shall 
pay the impost for such and so much thereof, contained in his manifest, 
as shall not be duly entred, and the duty paid for the same, by the 
person or persons to whom such wines, liquors, goods, wares or mer- 
chandizes are or shall be consigned ; and it shall and may be lawful to 
and for the master of every ship or other vessel to secure and detain 
in his hands, at the owner's risque, all such wines, liquors, goods, wares 
or merchandizes imported in such ship or vessel, until he shall receive a 
certificate from the commissioner or receiver of the impost that the duty 
for the same is paid, and until he be repaid his necessary charges in 
securing the same ; or, such master ma}' deliver such wines, liquors, 
goods, wares or merchandizes as are not entred, unto the commissioner 



78 ' Province Laws. — 1717-18. [Chap. 6.] 

or receiver of the impost in such port, or his order, who is hereby im- 
powred and directed to receive and keep the same, at the owner's risque 
until tlie impost tliereof and charges l)e paid, and then to deliver such 
"wmes, liquors, goods wares or merchandizes as such masters shall direct. 
And be it further enacted by the authority aforesaid, 
[Sect. 11.] That the coiuissioner or receiver of the impost in each 
port shall be and hereby is impowred to sue the master of any ship 
or vessel for the impost or duty, for so much of the lading of wines, 
liquors, goods, wares and merchandizes imported therein, according to 
the manifest by him to be given upon oath as aforesd., as shall remain 
not entred, and the duty or impost thereof not paid. And where the 
goods, wares or merchandizes are such as that the value thereof is not 
known, whereby the impost to he recovered of the master for the same 
cannot be ascertained, the owner, or person to whom such goods, wares 
or merchandizes are or shall be consigned, shall be suihoned to appear 
as an evidence at the court where suit for the duty and impost thereof 
shall 1)6 brought, and be there required to make oath to the value of 
such goods, wares or merchandizes. 

And be it further enacted by the authority aforesaid, 
[Sect. 12.] That the ship or vessel, with her tackle, apparel and 
furniture, the master of which shall make default in anything by this 
act required to be performed by him, shall be lyable to answer and 
make good the sum or sums forfeited by such master according to this 
act, for any such default, as also to make good the impost or dut}^ for 
any wines, liquors, goods, wares or merchandizes not entred as aforesd. ; 
and upon jndgm' recovered against such master, the sd. ship or vessel, 
or so much of the tackle or appurtenances thereof as shall be suffi- 
cient to satisf}' said judgm' may be taken in execution for the same. 
And the coihissioner or receiver of the impost is hereby impowred 
to make seizure of such ship or vessel, and detain the same under 
seizure until judgment be given in any suit to be commenced and prose- 
cuted for any of the said forfeitures or impost, to the intent that if judg- 
ment be rendred for the prosecutor or informer, such ship or vessel's 
appurtenances may be exposed for satisfaction thereof as is before 
provided, unless the owners, or some on their behalf, for the releasing 
of such ship or vessel from under seizure or restraint, shall give suffi- 
cient security to the commissioner or receiver of the impost that seized 
the same, to respond and satisfy the sum or value of the forfeitures and 
dutj'S, with charges, that shall be recovered against the master thereof 
upon suit to be brought for the same as aforesd. And the master occa- 
sioning such loss and damage to his owners, thro' his default or neglect, 
shall be lyal)le unto their action for the same. 
And be it further enacted, 

[Sect. 13.] That the naval officer within an}^ of the ports of this 
province shall not clear or give passes to any master of any ship or 
other vessel outward bound, until he shall be certifyed, by the commis- 
sioner and receiver of the impost, that the dutys and impost for the 
goods last imported in such ship or vessel ai-e paid or secured to be 
paid. And the commissioner or receiver of the impost is hereby im- 
powred to allow bills of store, to the master of any ship or vessel im- 
porting any Avines or liquors, for such private adventures as shall belong 
to the master and seamen of such ship or other vessel, at the discretion 
of the comissioner or receiver, not exceeding thre« p cent of the 
lading and dutys, payable by this act for such wines or liquors, in such 
bills of store mentioned and expressed, shall be abated. 
Ajid be it farther enacted by the authority aforesaid, 
[Sect. 14.] That all penalty s and forfeitures accruing or arising 
by virtue of this act shall be one-half to his majesty, for the uses and 



[1st Sess.] Province Laws. — 1717-18. 79 

intents for 'n-hich the aforementioned dnt3-s of impost are gi-anted, and 
the otlier half to him or them that sliall seize, inform and sue for the 
same, by action, hill, plaint or information, in any of his majesty's courts 
of record, wherein no essoign, protection or wager of law shall be 
allowed ; the whole charge of prosecution to be taken out of the half 
belonging to the informer. 
And be it further enacted by the authority aforesaid, 
[Sect. 15.] That there shall be paid by the master of every ship or 
other vessel coming into an}^ port or ports in this province to trade or 
traflick, whereof all the owners are not belonging to this province, 
except such vessels as belong to the provinces or colonys of Fensil- 
vania. West and East Jersey, New York, Connecticut or Rhode Island, 
every voyage such ship or vessel do's make, the suiii of eighteen-pence 
^ tun, or one pound of good new gunpowder, for every tun such ship or 
vessel is in burthen (saving for that part which is owned in this prov- 
ince or any of the aforesd. governments which is hereby exempted), to 
be paid unto the cofhission'' or receiver of the dutys of impost and to b^ 
imployed for the ends and uses aforesd. 

[Skct. 16.] And the sd. comissioner is hereby impowred to appoint 
a meet and suitable person to repair unto and on board any ship or ves- 
sel, to take the exact measure or tunnage thereof, in case he shall sus- 
pect that the register of such ship or vessel doth not express and set 
forth the full burthen of the same, the charge thereof to be paid by the 
master or owner of such ship or vessel, before she be cleared, in case she 
Appear to be of greater burthen ; otherwise to be paid by the coihis- 
sioner out of the moneys received by him for impost, and shall be al- 
lowed him accordingly by the treasurer in his accompts. And the 
naval otHcer shall not clear any vessel until he be also certityed by 
the sd. coiTiissioner that the duty of tunnage for the same is paid, or that 
it is such a vessel for which none is pa3-able according to this act. 
And be it further enacted by the authority aforesd., 
[Sect. 17.] That there be one fit person, and no more, nominated 
and appointed b}^ this court as a coihissiouer and receiver of the aforesd. 
dutys of impost and tunnage of shipping, and for the inspection, care 
and management of the said office and whatsoever relates thereunto, to 
receive coihission for the same from the governour or coihander-in- 
chief for the time being, with authority to substitute and appoint a 
deputy receiver in each port, besides that wherein he resides, and to 
grant warrants to such deputy receivers for their sd. place, and to 
collect and receive the imposts and tunnage of shipping aforesd., that 
shall become due within such port, and to render accompts thereof 
and pay in the same to the said coihissiouer and receiver ; which said 
cornissioner and receiver shall keep fairjbooks of all entrys and dutys 
arising b^' virtue of this act, and the same to lye open, at all seasonable 
times, to the view and perusal of the treasurer and receiver-general of 
this province, with whom he shall accompt for all collections and pay- 
ments, and pay in all such mon'ys as shall be in his hands, as the 
treasurer shall demand it. And the sd. coiBissioner and receiver and 
his deputy and deput3^s, before their entring upon the execution of the 
sd. oftice, shall be sworn to deal truly and faithfully therein ; and shall 
attend in the office from nine to twelve of the clock in the forenoon, and 
from two to five of the clock, afternoon, 

[Sect. 18.] And the sd. coihissiouer and receiver for his labour, 
care and expences in the sd. office shall have and receive, out of the 
province treasury-, the sum of seventy pounds ^ annum, and his dep- 
uty or deputys to be paid, for their service, such sum and suins as the 
sd. coihissiouer and receiver with the treasurer shall agree, upon rea- 
sonable terms, not exceeding thii'ty pounds each ; and the treasurer 



80 Province Laws.— 1717-18. [Chap. 7.] 

is hereby ordered, in passing and receiving the sd. coiSissioner's acco'- 
accordingly to allow the payment of snch salary or salar^-s as afore- 
said, to himself or his deputy or deputy's. 

Provided, 

[Sect. 19.] This act shall continue in force from the publication 
thereof until the twenty-ninth day of June, which which will be in the 
year of our Lord one thousand seven hundred and eighteen, and no 
longer. \_Passed and published June 22. 



CHAPTER 7. 

AN ACT FOR APPORTIONING AND ASSESSING A TAX OF ELEVEN THOU- 
SAND POUNDS, UPON POLLS AND ESTATES. 

, Whereas the great and general court or assembly of the province of 
the Massachusetts Bay in New England, at their sessions in the j^ears 
1711 and 1712, did pass three several grants of taxes, on polls and 
estates, as funds and security for the repayment and drawing in several 
sums in the bills of credit on this province ordered to be imprinted, 
repeated and issued 'Out of the publick treasury for the service of the 
government ; that is to say, at their sessions begun and held the twelfth 
day of March, 1711,* six thousand pounds ; at their sessions begun and 
held the twenty-eighth day of Ma}', 1712,-j- nine thousand pounds ; and. 
at their sessions begun and held the twenty-second day of October, 
171 2, J seven thousand pounds ; applyed to the ends and uses in the 
said grants particularly enumerated and expressed ; and, by the re- 
solves of the courts that made the aforesaid grants, it was then ordered, 
that the said sura of twenty -two thousand pounds should be apportioned, 
assessed and levyed on polls, and estates both real r^nd personal, within 
this province, according to such rules and in such proportion, upon the 
several towns and districts within the same, as shall be agreed on and 
ordered by this court in their present session ; wherefore, for the order- 
ing, directing and perfecting the said sum of eleven thousand pounds, 
which, with the sum of four thousand pounds by the impost and tun- 
nage of shipping, four thousand pounds more on the excise, two thou- 
sand eight hundred pounds income of the publick bills lent, and two 
hundred pounds income by the lighthouse, will make up the sum of 
twenty -two thousand pounds, pursuant to the funds and grants afore- 
said, which is unanimously approved, ratif3'ed and confirmed ; and we, 
his majesty's loyal and dutiful subjects, the representatives in general 
court assembled, pray that it be enacted, — 

And he it accordingly enacted hy His Excellency the Governour, Coun- 
cil and JRejyresentatives in General Court assembled, and hy the authority 
of the same, 

[Sect. 1.] That each town and district within this province be as- 
sessed and pay as such town and district's proportion of the aforesaid 
eleven thousand pounds, the sums following ; that is to sa}^, — 

IN THE COUNTY OF SUFFOLK. 

Boston, one thousand six hundi-ed and seventy pounds 

eighteen shill's, £1,G70 18s. Oc^. 

Eoxbury, one hundred thirty-two pounds, . . . 132 

Dorchester, one hundred eighty-three pounds nineteen 

shill's and sixpence, 183 19 6 

Hingham, one hundred thirty-four pounds nineteen 

shillings and sevenpence, 134 19 7 

* Notes to 1711-12, resolve (c). f Notes to 1712-13, resolve {a). + Ibid., resolve (h). 



[1st Sess.] Province Laws. — 1717-18. 81 

Brantrc}', one hundred thirty-four pounds nineteen 
shillings and sevenpence, £134 19s. Id. 

Dedliam, one hundred and three pounds seventeen 

shill's and twopence, 103 17 2 

Medfield, sixtj'-five pounds sixteen sliillings and four- 
pence, 65 16 4 

Medway, thirty-three pounds eight shillings and three- 
pence, 33 8 3 

Weymouth, eighty-three pounds eleven shillings and a 

penny, 83 11 1 

Milton, sixty-two pounds sixteen shillings and nine- 
pence, . ■ 62 16 9 

Hull, thirty-three pounds nineteen shillings and three- 
pence, 33 19 3 

"Wrentham, sixty pounds fifteen shillings and sixpence, 60 15 6 

Mendon, seventy pounds eighteen shillings and a 

penny, 70 18 1 

Woodstock, forty-eight pounds twelve shillings and 

sevenpence, . . . . . , . . 48 12 7 

Brooklyn,. for tj^-five pounds eleven shillings and two- 
pence, 45 11 2 

Needham, thirty-one pounds seven shillings and eleven 
pence, 31 7 11 

IN THE COUNTY OF ESSEX. 

Salem, three hundred sixty-four pounds thirteen shil- 
lings, . . , ' 364 13 

Ipswich, four hundred and five pounds three shillings 

and fourpence, 405 3 4 

Newberry, three hundred fourteen pounds seventeen 

shill's and sixpence, 314 17 6 

Marblchead, two hundred seventy-nine pounds nine- 
teen shillings 279 19 

Lynn, one hundred forty-one pounds sixteen shill's and 
twopence, 141 16 2 

Audover, one hundred fifty-eight pounds nineteen shill's 

and elevenpence, 158 19 11 

Beverly, one hundred thirty-five pounds fourteen shill's 
threepence, 135 14 3 

Rowly, one hundred and four pounds fourteen shill's 

and sevenpence, . 104 14 7 

Salisbury, one hundred and one pounds five shillings 

andtenpence, 101 5 10 

Haverhill, one hundred thirty-five pounds twelve shill's, 

and fivepence, 135 12 5 

Glocester, one hundred fifty-one pounds eighteen shilFs 

and ninepence, 151 18 9 

Topsfield, seventy-seven pounds, . . . . 77 

Boxford, sixty-four pounds five shillings and. two- 
pence, 64 5 2 

Amesbury, ninet3^-seven pounds five shillings and two- 
pence, 97 5 2 

Bradford, sixty-seven pounds eight shillings and five- 

Pence, 67 8 5 

Wenham, sixty-one pounds fifteen shill's and eight- 

Pence, 61 15 8 

Manchester, twenty pounds five shillings and two- 
Pence, 20 5 2 

11 



g2 PROVINCE Laws.— 1717-18. [Chap. 7.] 

IN THE COUNTY OF MIDDLESEX. 

Cambridge, one hundred and one pounds five shillings 
and tenpeuce, • 

Charlestown, two hundred forty-nine pounds seven shil- 
lings and sevenpence, ...... 

Watei-town, one hundred thirty-one pounds thirteen 
sliill's and sevenpence, ...... 

Westown, tliirty-nine pounds nine shillings and three- 
pence, ......... 

Concord, one hundred fifty-five pounds two shillings, 

Wobourn, one hundred forty-six pounds six shill's and 
elevenpence, ........ 

Reading, one hundred and one pounds four shillings, . 

Sudbury, one hundred and twelve pounds nine shill's 
and sixpence, ........ 

Marlborough, one hundred thirty-eight pounds four 
shill's and eightpence, 

Lexington, seventy -four pounds nine shillings and 
sevenpence, ........ 

Newton, eighty-four pounds eleven shillings and three- 
pence, . . . . . . . ... 

Maiden, seventy-seven pounds nine shillings and two- 
pence, ......... 

Chelmsford, eighty-eight pounds two shillings and nine- 
pence, 

Billerica, ninety-two pounds nineteen shillings, . 

Sherbourn, fifty-nine pounds fifteen shillings and five- 
pence, 

Groton, sixty-four pounds five shillings and twopence, 

Lancaster, six1y-four pounds five shillings and two- 
pence, ......... 

Framingham, seventy-two pounds eighteen shillings and 
fivepence ........ 

Medford, forty ])ounds ten shillings and fourpence. 

Stow, forty pounds ten shillings and fourpence, . 

Dunstable, twenty-two pounds fifteen shill's and seven- 
pence, 

Dracut, seventeen pounds thirteen shillings and ten- 
pence, ■ . . . 

IN THE COUNTY OF HAMPSHIRE. 

Springfield, one hundred forty-six pounds six shillings, 

Northampton, one hundred and one pounds five shil- 
lings and tenpence, 

Hadley, seventy-two pounds seventeen shillings and 
sixpence, . . 

Hatfield, fifty-five pounds thirteen shillings and nine- 
pence, 

Westfield, fifty-five pounds thirteen shillings and nine- 
pence, ......... 

Suflield, fifty -five pounds twelve shillings and tenpence, 

Enfield, forty-six pounds one shilling and threepence, . 

Deerfield, twenty pounds five shillings and twopence, . 

IN THE COUNTY OF PLY'MOUTII. 

Plymouth, one hundred and six pounds sixteen shil- 
lings and ninepence, ...... 

Plimpton, sixty-lour pounds seven shillings, 



£101 5s. 


lOd. 


249 7 


7 


131 13 


7 


39 9 
155 2 


3 



146 6 
101 4 


11 



112 9 


6 


138 4 


8 


74 9 


7 


84 11 


3 


77 9 


2 


88 2 
92 19 


9 



59 15 
64 5 


5 

2 


64 5 


2 


72 18 
40 10 
40 10 


5 
4 
4 


22 15 


7 


17 13 


10 


146 6 





101 5 


10 


72 17 


6 


55 13 


9 


55 13 
55 12 
46 1 
20 5 


9 

10 
3 
2 


106 16 
64 7 


9 




[1st Sess.] Peovijsce Laws.— 1717-18. 



83 



Situate, one hiindi-ed seventy-four pounds five shillings 

and twopence, . * £174 5s. 2c?. 

Brido;watei', one hundred and forty pounds sixteen shil- 
lings, 140 IG 

]\Iarshtield, ninety-three pounds ten shillings, . . 93 10 

Pembrook, forty pounds ten shillings and fourpenee, . 40 10 4 

Dusbury, fifty-one pounds fourteen shillings, . . 5114 
Middlcburough, sixty-four pounds sixteen shillings and 

twopence, . . . . . . . . 64 16 2 

Rochester, sixty pounds fifteen shillings and sixpence, 60 15 6 

Abbington, fifteen pounds five shillings and threepence, 15 5 3 



IN THE COUNTY OF BARNSTABLE. 

Barnstable, one hundred forty-eight pounds seventeen 

shill's and fourpenee, ..... 
Sandwich, one hundred and one pounds five shillings 

and tenpence, ....... 

Easthaiu, one hundred and four pounds fourteen shill's 

and sevenpence, ...... 

Trui'O, fortj'-eight pounds eleven shillings and eight 

pence, ........ 

Yarinouth, ninety-two pounds thirteen shillings and six 

pence, ........ 

Harwich, fifty-seven pounds four shillings, . 
Falmouth, twenty-seven pounds eighteen shillings and 

threepence, ....... 

Chatham, twenty-nine pounds six shillings and eight 

pence, ........ 



148 17 4 

101 5 10 

104 14 7 

48 11 8 

92 13 6 

57 4 

27 18 3 

29 6 8 



IN THE COUNTY OF BRISTOL. 

Bristol, ninety-two pounds three shillings and flvepence, 92 3 5 

Taunton, one hundred thirty-four pounds four shillings, 134 4 
Norton, with the east end of North rurchase, thirt}'- 

seven pounds nine shillings and tenpence, . . 37 9 10 

Dartmouth, one hundred fifty-tv»o pounds eight shillings 

and tenpence, . . . . . . . . 152 8 10 

Dighton, forty-four pounds eleven shillings, . . 44 11 

Relioboth, one hundred twenty-four pounds eleven shill's 

and sixpence, . . . . . . . . 124 11 6 

Little Compton, ninety-four pounds three shillings and 

ninepence, . . . . . . . . 94 3 9 

Swansev, one hundred and fifteen pounds ten shil- 
lings,^ .. 115 10 

Tivert own, sixty-nine pounds seventeen shillings, . 69 17 

Freetown, thirty-seven pounds eight shillings and 

elevenpence, 37 8 11 

Attleborough, fifty pounds twelve shill's and eleven- 
pence, 50 12 11 



IN DUKES COUNTY. 

Edgartown, forty-five pounds two shillings, . 
Chilmark, fort^'-five pounds two shillings, . 
Tisbury, eighteen pounds fourteen shillings, 



45 2 
45 2 
18 14 



IN THE COUNTY OF YORK. 

York, sixty pounds fifteen shillings and sixpence, . 60 15 6 
Kittery, seventy-five pounds eighteen shill's and eleven- 
pence, 75 18 11 



84 Province Laws.— 1717-18. [Chap. 7.] 

Berwick, fort3'-four pounds thirteen sMll's and i\ine- 

pence, • • £-ii 13s, 

Wells, tliirt^'-five pounds six shillings and ninepence, 



2d. 

35 6 9 



Nantucket, one hundred eighty-seven pounds seventeen 

shillings and fivepence, ...... 187 17 5 

And be it further enacted by the avthorUy aforesaid, 
[Sect. 2.] That the treasurer do forthwith send out his warrants, 
directed to the selectmen or assessors of each town or district within 
this province, requiring them, respectivel3% to assess the sum hereby set 
upon such town and district, in manner following ; that is to say, to 
assess all ratable male poles above the age of sixteen j-ears, at five shil- 
lings the poll (except the governour and lieutennnt-governour, and their 
familys, the president, fellows and students of Harvard Colledge, setled 
^ ministers and grammar-school masters, w-ho are hereby exempted as 
* well from being taxed for their polls, as for their estates being in their 
own hand and under their actual management and improvement) , and 
other persons (if such there be) who through age, infirmity or extream 
poverty, in the judgment of the assessors, are not capable to pay 
towards publick charges, they may except their polls and so much of 
their estates as, in their prudence, they shall think fit and judge meet ; 
and all estates, both real and personal, lying within the limil-s and 
bounds of such town or district, or next unto the same, not paying else- 
where, in whose hand, tenure, occupation or possession soever the same 
is or shall be found, and income by trade or faculty which any per- 
son or persons (except as before excepted) do or shall exercise in gain- 
ing, by moneys or other estate not particularly otherwise asses't, or com- 
mission of profit in their improvement, according to their understanding 
and cunning, at one penny on the pound ; and to abate or multiply the 
same, if need be, so as to make up the sum hereby set and ordered for 
such town or district to pay ; and, in making their assessments, to esti- 
mate houses and lands at six j'ea'rs' income of the yearly rents whereat 
they may be reasonably set or let for in the places where they lye (sav- 
ing all contracts betwixt landlord and tenant, and, w'here no such con- 
tract is, the landlord to reimburse one-half of the tax set upon such 
houses and lands) ; and to estimate Indian, negro and molatto ser- 
A'ants proportionably as other personal estate, according to their sound 
judgment and discretion ; as also to estimate every ox of four years 
old and upwards, at forty shillings ; ever}'- cow of three years old and 
upwards, at thirtj^ shillings ; every horse and mare of three years 
old and upwards, at forty shillings ; every swine of one year old and 
upwards, at eight shillings ; every sheep and goat of one year old and 
upwards, at four shillings : likewise requiring the assessors to make a 
fair list of the said assessment, setting forth, in distinct columns, against 
each particular person's names, how much he or she is assessed at for 
polls, and how much for houses and lands, and how much for personal 
estate and income by trade or faculty ; and the list or lists so per- 
fected and signed by them, or the major part of them, to commit to the 
collectors, constable or constables of such town or district, and to return 
a certificate of the name or names of such collector, constable or con-./-. 
stables, together with the sum total to each of them respectively com- 
mitted, unto himself some time before the last day of Scptembernext. 

[Sect. 3.] And the treasurer for the time being, upon the receipt of j 
such certificate, is hereby impowred and ordered to issue forth his war- 
rant to the collectors, constable or constables of such towns or districts, 
requiring him or them, respectively, to collect the whole of each respec- 
tive sum assessed on each particular person, before the last day of 



[1st Sess.] Province Laws.— 1717-18. 85 

RIarch next, and of the inhabitants of the town of Boston, to collect 
their proportion sometime in the month of January aforegoing, and to 
pay in their collections, and issue the accompts of the whole, at or 
before the last day of May, which will be in the year of our Lord one 
thousand seven hundred and eighteen. 

And be it further enacted by the authority aforesaid, 
[Sect. 4.] That the assessors of each town and district, respec- 
tively, in convenient time before their making the assessment, shall give 
seasonable Avarning to the inhabitants, in a town meeting, or by posting 
up notifications in some place or places in such town or district, or 
otherwise to notify the inhabitants, to give or bri^^g into the said assess- 
ors true and perfect lists of their polls and ratable estate ; and if any 
person or persons shall neglect or refuse so to do, or bring in a false 
list, it shall be lawful to and for the assessors to assess such person 
or persons, according to their known ability within such town, in their 
sound judgment and discretion, their due proportion to this tax, as 
near as they can, according to the rules herein given, under the penalty 
of twenty shillings for each person that shall be convicted by legal 
proof, in the judgment of the assessors, of bringing in a false bill : the 
said fine to be for the use of the poor of such town or district where 
the delinquent lives, to be levyed by warrant from the assessors, di- 
rected to the collector or constable in manner as is directed for gather- 
ing of town assessments, and to be paid in to the town treasurer or 
selectmen for the use afores'd : saving to the party aggrieved at the 
judgment of the assessors in setting of such fine, liberty of appeal 
therefrom to the court of general sessions of the peace within the count}^, 
for relief, as in case of being overrated. And if the party be not con- 
%dcted of any- falseness in the list by him presented of polls, ratable 
estate, and income by any trade or faculty which he doth or shall ex- 
ercise in gaining by mon'y or other estate not particularly otherwise 
assessed, such list shall be a rule for such person's proportion to the 
tax, whch the assessors may not exceed. ^Passed June 22. 



r 



86 



Province Laws. — 1717-18. 



[Chap. 8.] 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Twenty-third day of October, A.D. 17 17. 



CHAPTEE 8. 

AN ACT FOR ALTERING THE TIME OF HOLDING A SUPERIOUR COURT 
OF JUDICATURE, COURT OF ASSIZE AND GENERAL GOAL DELIVERY, 
WITHIN AND FOR THE COUNTY OF HAMPSHIRE, AND FOR REVIVING 
ALL ACTIONS AND PROCESS LATELY DEPENDING THERE, AND DIS- 
CONTINUED BY REASON OF THE COURT'S NOT MEETING. 



1715-16, chap. 
20. 



Time and place 
for holding the 
superiour court 
in Hampshire. 



Appeals, re- 
views, &c., 
revived. 



Inferior court, 
&c., to eit on 



Whereas the time by law appointed for holding the superionr court 
of judicature, court of assize and general goal delivery at Springfield, 
within and for the county of Hampshire, on the second Thursday in 
August, yearly, is frequently a time of great and excessive heat, which 
renders the travel[Z]ing of the justices and others concerned at the said 
court very inconvenient on many acco[?(»][mp]ts, — 

Be it therefore enacted by His Excellency the Governour, Council and. 
Representatives in Genercd Court assembled, cmd by the authority of the 
same, 

[Sect. 1.] That the said superiour court of judicature, court of assize 
and general goal delivery shall, from henceforward, be held at Spring- 
field, on the Thursday in the week next following the time appointed b}^ 
law for the sitting of the said court at Bristol, which is on the second 
Tuesday in September, yearly- ; any law, usage or custom to the con- 
trary notwithstanding. 

A7id be it further enacted by the authority aforesaid, 

[Sect. 2.] That all appeals, reviews, recognizances, warrants or 
other process, which should have been heard and tryed at the superi- 
our court of judicature, court of assize and general goal delivery to 
have been holden at Springfield, for the said county of Hampshire, by 
adjournment, on Wednesday, the eighteenth day of September, but 
discontinued b}" reason of the sickness or other bodily infirmit[/(?][y]s 
of most of the justices of the said court, bo, and hereby are, revived, 
continued and adjourned over, and may be pleaded, heard and proceeded 
upon at the next superiour court of judicature, court of assize and gen- 
eral goal deliveiy, to be holden at Springfield aforesaid, on the Thursday 
following the next court at Bristol, as aforesaid ; and all part[ie][y]s 
that had day by any pleas, writs, bills, actions, suits, plaints, process, 
precepts, recognizances or other things whatsoever, that are discontinued 
in the said court, to have been holden by adjournment, as aforesaid, 
shall respectively appear at the next court to be holden at Springfield 
aforesaid, on the Thursday abovementioned, under the penalty of for- 
feiting any bonds, obligations or recognizances for the appearance of 
the said part[ie][y]s, or any other penalty that might have incurred on 
the said part[je]iy]s for not appearing at the court discontinued, as 
aforesaid, if the same had been held and kept. 

[Sect. 3.] And that the sessions of the inferiour court of common 
pleas, and of the court of the general sessions of the peace, that are 



[2jd Sess.] Province Laws. — 1717-18. 87 

now ordered to be held at Springfield, on the first Tuesday of Septem- the last Taes- 
ber, be altered, and henceforward holden, from time to time, on the last ^'^^ '" August. 
Tuesday in August ; any law, usage or custom to the contrar}^ notwith- 
standing. \_Passed November 19. 



CHAPTER 9. 

AN ACT FOR THE FURTHER, REGULATING THE SO[Cr]LDIERS IN HIS 
MAJESTY'S SERVICE AT CASTLE WILLIAM. 

Whereas it hath been judg'd most for his majesty's service and the See iros-o, chap, 
advantage of this province that during peace there should lie a set[^]led '^^ 
garrison at his majesty's Castle William ; and, for the encouragement 
of so[?^]ldiers to enlist themselves, rewards have been given from time 
to time, according to the number of years the}' were so enlisted, besides 
their not being liable to be removed to service elsewhere ; notwithstand- 
ing all which the so[M]ldiers so enlisted, do from time to time contract 
debts more than their wages will allow, and barter away their cloths 
and other necessaries, to the great hurt of the service ; for the better 
preventing whereof, — 

Be it enacted by His Excellency the Governoiir, Coimcil and Repre- 
sentatives in General Court convened, and by the authority of the same, 

[Sect. 1.] That any clothing, or other things belonging to any Soldiers at Cas- 
so[?<]ldier actually in the service, as afores[ai]d, pawn'd, truckt, bar- prohibit«uo 
ter'd or alter'd from one person to another, shall be restor'd and made piiwn or barter, 
good without any price or redemption therefore to be[c] rendred or clothes, 
given ; and the person offending in making such pawn, truck or barter, 
and in accepting and receiving the same, shall be punished by lying in Punishment. 
the bilbo's not exceeding twelve hours, or some other proper militar}' 
punishment, where they are both in the service. 

And be it further enacted by the atdhority ajpresaid, 

[Sect. 2.] That if any person w'hatsoever shall trust or give credit Credit forbid- 
to any so [w] Idler, during his being actually in the sei'vice, for clothing dkr eiiUsUid? ' 
or other things whatsoever, no process shall be granted or served on 
such so['«]ldier for any debt so contracted, until[l] he be dismiss'd the 
service; and every writ [t] or process granted or served contrary here- 
unto shall be deem[e]d and adjudg[e]d void in law, and of none efi'ect ; ' 
and any justice of the peace within the county where any so[yf]ldier is 
committed and restrain'd upon process granted for debt or pretention 
of debts made as aforesaid, upon certificate from the captain or chief 
officer under whose command such so [w] Idler is, that he is actually in 
his majesty's service, shall forthwith order his relea[s][f]e from his 
confinement to return to his duty ; any law, custom or usage to the 
contrary notwithstanding. 

[Sect. 3.] This act to continue in force to the end of the sessions Limitation, 
of this court in May, one thousand seven hundred and twenty-two, and 
no longer. [^Passed November 20. 



CHAPTER 1 0. 

AN ACT FOR THE BETTER REGULATION OF FOWLING. 

Whereas the waterfowl of divers [e] kinds, which were wont in former 1710-11, chap. 13. 
years, in gi-eat numbers, to frequent the maritime towns of this province, 



88 



Pkovince Laws. — 1717-18. [Chap. 11.] 



Persons not to 
shoot at water- 
fowl in any 
boat, cauoe, &c. 



Penalty. 



Three years' 
restraint from 
shooting at 
waterfowl. 



Limitation. 



were of great service and benefit to the inhabitants, both for meat and 
feathers, but are now in great measure affrighted and driven away by 
many persons who have made use of boats, canoo's, floats or other ves- 
sel [l]s, therein to go off to slioot them, at distance from the slioar, upon 
the flatts and feeding grounds, which practices, if continued, are likely 
to have the ill effect to cause the fowl wholly to desert and disuse the 
said towns ; for prevention whereof, — 

Be it enacted by His Excellency the Governour, Council and Repre- 
sentatives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That if any person or persons shall, at ajiy time after 
two mo[u]nths from the publication of this act, make use of any boat, 
canoo, float, raft or other vessel[l], wherewith to approach to and shoot 
at any waterfowl in any part of this province, he or they so offending 
shall each of them forfeit and pay for every such offence, the sum of 
forty shillings to the informer. 

[Sect. 2.] And every such offender shall be, and hereby is, prohib- 
ited and restrained from using a gun to shoot at waterfowl, for the 
space of three years next after his oftence, upon the like penalty of 
forty shillings for each time he shall presume so to offend, to be dis- 
posed of iu manner as the forfeiture aforementioned. 

[Sect. 3,] This act to continue iu force until[l] the tenth clay of 
December, in the year one thousand seven hundred and twenty-four, 
and no longer. [^Passed November 12. 



CHAPTER 11. 

AN ACT IN FURTHER ADDITION TO THE ACT FOR ENCOURAGING THE 
KILLING OF WOLVES, MADE IN THE FIFTH YEAR OF THE REIGN OF 
KING WILLIAM AND QUEEN MARY. 



Reward of four 
pounds for kill- 
ing a wolf. 
••1693, chap. 6, 
1694-5, chap. 26. 
1715-16, chap. 16. 
Wolf's whelp 
twenty shil- 
liDgs. 



Oath to be made 
for the killing 
of a wolf. 



Indians entitled 
to the reward, 
in case. 



Be it enacted by His Excellency the Governour, Council and Repre- 
sentatives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That from and after the publication of this act the re- 
ward for killing a grown wolf [e] shall be the sum of four pounds, and 
for a wolve's whelp, other than such as shall be taken out of the belly 
of any bitch wolf[e], the sum of twenty shillings, to be paid according 
to the provision made in said act. 

And for preventing of fraud in any person that shall bring the head 
of any wolf [e], or wolve's whelp, to the constable of any town, killed 
without the bounds of the province, — 

Be it enacted by the authority aforesaid, 

[Sect. 2.] That when and so often as any person shall bring the 
head of any grown wolf [e], or wolve's whelp, to the constable of any 
town or district within this province, and it be suspected such wolf [e] 
or whelp was not killed within the same, such person or persons shall 
not be intituled to the reward in this act provided, until [1] he or they 
make oath before one of his majesty's justices of the peace, or select- 
men of the town in such town where no justice of the peace dwells, who 
are hereby impowred to adminster the same, that such wolf [e] or whelp 
was bona fide killed within this province. 

And be it enacted by the authority aforesaid, 

[Sect. 3.] That if any Indian or Indians shall kill any wolf[e], or 
wolve's whelp, within this province, they shall be intituled to the same 
reward in this act provided for the killing of wolves, or wolves' whelps, 
in case such Indian or Indians bring the body of such wolf [e] or wolve's 



[2d Sess.] Province Laws.— 1717-18. 89' 

whelp to a constable, find satisfy the selectmen of such town where the 
wolf [e] or whelp is brought, that they were killed in this province. 

And, whereas it has been represented to this court that it has been 
practised in some parts of the province to bring the pate or scalp of a 
wolf [e] to a constable, instead of the head, which, if not prevented for 
the future, may be of evil consequence, — 

Be it therefore further enacted he the authority aforesaid, 

[Sect. 4.] That no constable or selectm[e][a]n for the future shall No pate or 
take or receive any pate or scalp of any wolf[e], or give receipt of the cefved^orref' 
same, for the payment thereof, on penalty of forfeiting the sum of four l^^^ passed, by 

, ^ \ f. 1 • n T T 1 a constable, or 

pounds ; one moiety thereof to his majesty, for and towards the support eeieciman. 
of this government, and the other moiety to him or them that shall en- 
form and sue for the same. 

Provided, 

[Sect. 5.] That this act shall continue in force until the end of the Limitation, 
session of this court that shall begin in May, anno [one thousand seven 
hundred twenty-two'], [1722 J and no longer. \_Passed November 12. 
12 



90 



Peovince Laws.— 1717-18. [Chap. 12.] 



ACTS 

Passed at the Session begun and held at Boston, 
ON THE Sixth day of February, A.D. 17 17-18. 



CHAPTER 12. 



8, chap. 21. 



No deer to be 
killed until 
August, 1721. 



Penalty. 



OflBcers, jus- 
tices, &c., to 
Bee that this 
act he duly 
observed. 



Persons unable 
to pay the pen- 
alty to satisfy 
by work. 



AN ACT IN ADDITION TO THE ACT INTITULED " AN ACT FOR THE BET- 
TER PRESERVATION AND INCREASE OF DEER," MADE AND PASSED 
BY THE GREAT AND GENERAL COURT OR ASSEMBLY, AT THEIR SES- 
SION HELD AT BOSTON, THE FIFTEENTH DAY OF NOVEMBER, 1698, IN 
THE TENTH YEAR OF THE REIGN OF HIS LATE MAJESTY, KING WILL- 
IAM THE THIRD. 

"Whereas the depth of snow in some late winters hath been so great 
as hath occasioned the destruction of a great part of the deer in this 
province ; to the intent that the said creature (which is both harmless 
and profitable) maj^ be preserved and increased, — 

Be it enacted by His Excellency the Governoio', Council and Repre- 
sentatives in General Court assemhled, and by the authority of the same, 

[Sect. 1.] That no person or persons whatsoever within this prov- 
ince, from and after the publication of this act, until the first day of 
August, which will be in the j^ear of our Lord one thousand seven hun- 
dred twenty-one, shall, by any means, kill any buck, doe or fawn, on pain 
that such person or persons so offending shall forfeit the sum of ten 
pounds for every buck, doe or fawn so killed ; one moiety to his majesty, 
the other half to the informer that shall sue for and recover the same : 
provided, that no offender shall be admitted to be an informer ; the said 
penalty to be recovered and the proof of the offence to be made in like 
manner as the penalty and ofl^ence mentioned in the said act. 

[Sect. 2.] And if any son under age, or servant, shall be convicted 
of a breach of this act, their respective parents or masters shall be lya- 
ble to the said penalty. 

[Sect. 3,] And all officers, justices of the peace, grand jurors and 
constables are hereby required diligently to see that this act be duly 
observed ; and every justice of the peace, upon complaint made of any 
such offence, shall bind over the offenders to the next court of general ses- 
sions of the peace for the same county ; and all grand jurors shall duely 
present and inform of all breaches of the said act at the said court. 

[Sect. 4.] And in case any person be convicted upon such binding 
over and presentment, the whole fine and forfeiture shall be to his maj- 
esty for and towards the support of the government ; and if the offender 
shall be unable or unwilling to pay the said fine, then that he be con- 
strained to work three months for the first, and six months for the 
second offence, as shall be directed by the justices before whom the 
oflTence shall be heard and determined ; and that the earnings of his 
said work be applyed for the uses before mentioned ; and that the said 
cflTender stand committed to goal till he is put out to the said work ; 
any law, usage or custom to the contrary notwithstanding. [^Passed 
February 13, 1717-18. 



[3d Sess.] Peovince Laws. — 1717-18. 91 



CHAPTER 13. 

AN ACT FOR ALTERING THE TIME FOR HOLDING THE SUPERIOUR COURT 
OF JUDICATURE, COURT OF ASSIZE AND GENERAL GOAL DELIVERY 
WITHIN THE COUNTY OF PLYMOUTH. 

Whebeas the time" by haw appointed for holding the superiour court leoo-iToo, chap, 
of iudicatiire, court of assize and general goal delivery, at Plymouth, ^' § '^■ 
for'the count [ie][y]s of Plymouth, Barnstable and Dukes county, on 
the last Tuesday of March yearly, is found inconvenient, for that, often- 
times, by reasoii of the severity of the weather and badness of the roads 
at that season, it is very difficult for the justices and others concerned 
to travel thereto ; for remedy -whereof, — 

Be it enacted hij His Excellency the Governour, Council and Represen- 
tatives in General Court assembled, and by the authority of the same, 

That the said superiour court of judicature, court of assize and general Time for hold- 
goal delivery, appointed to be held at Plymouth, for the count[{(^][y]s "ourt in pf/m°*' 
of Plymouth, Barnstable and Dukes county, upon the last Tuesday of outh altered. 
March, be henceforth holden and kept at Plymouth aforesaid, on the 
last Tuesday of April, annually ; and all appeals, reviews, recogniz- 
ances, informations, indictments, warrants or other process, which were 
to have been heard and tryed at the superiour court of judicature, court 
of assize and general goal delivery, at Plymouth, on the last Tuesday of 
March next, be heard and tryed by and before the court, on the last 
Tuesday of April next ; any law, usage or custom to the contrary not- 
withstanding. [Passed February 13, 1717-18. 



CHAPTER 14. 

AN ACT IN ADDITION TO AN ACT INTITULED "AN ACT PROVIDING IN 
CASE OF SICKNESS." 

Whereas there is now provided at the charge of the province a con- 1701.2, chap. 9. 
venient house on the island called Spectacle Island, for the reception of 
such as shall be visited with contagious sickness, to keep them from in- 
fecting of others, — 

Be it therefore enacted by the Governour, Council and Representatives 
in General Court assembled, and by the authority of the same, 

[Sect. 1.] That the keeper of the lighthouse and the commanding Ships infected 
officer of Castle William shall notify and direct the masters of all ves- ^ anchor°nlar 
sels coming near them, wherein any infectious sickness is or hath lately Spectacle 

1 , °. . . "^ , it 1 n i- 1 Island. 

been, at their coming in, to come to anchor as near the belorementioned 
house as may be, that the sick persons and everything else on board said 
ship that may give infection (proper to be put into the said house) , 
may be removed into it with the greater ease and safety. 

[Sect. 2.] That if au}^ master or immediate commander of any such Penalty for 
vessel, for the time being, in disobedience to such orders or contrary to C'p above thJ°^ 
this act, come with his vessel, or sutler her to be brought up above the j'g^"e*'f7jj^°'^* 
said castle, come himself, or suffer any of his people or passengers to authority. 
come ashore, or any boats to come on board, or suffer any goods to 
be taken out of his vessel, without leave first obtained from the govern- 
our and council, or two justices of the peace, and the selectmen of the 
town of Boston, he shall, for every such offence, forfeit the sum of fifty 
pounds ; and in case he be not able to pay that sum, he shall suffer six 
mouths' imprisonment. And the master of every such vessel is hereby 



92 Province Laws.— 1717-18. [Chap. 15. J 

Infectious directed and impowred to put into the said house, or where the said 

h°to the'ho°s.^" selectmen shall direct, all such goods as, in the opinion of said select- 
P'*"'- men, may carrj' an infection in them, under the penalty aforesaid. 

[Sect. 3.] That if any sailors or passengers coming in such A'cssel 

shall, without the knowledge or consent of the master, presume to come 

on shore, or up above the said castle, or if any person, from town or 

countr}', presume to go on board such vessel, or go to the aforesaid 

house or hospital in time of infection there, without leave from the 

authority aforesaid, or if any person put sick into the said house shall 

presume to go ofi" the island Avithout leave as aforesaid, every person 

Persons unable ofteuding in au}^ of the abovementioned particulars shall forfeit the sum 

to suffer^^mpds! ^^ ^^" pounds ; and in case any person be not able to pay said sum he 

onment. shall suflcr two months' imprisonment. 

[Sect. 4.] All the abovementioned fines to be sued for and recov- 
ered bj' the province treasurer, for the time being ; one-third of the fines 
to be to his majesty for the use of this government, one-third to the in- 
former, and one-third to the province treasurer, for the time being. 

[Sect. 5.] And when and so often as an}"^ ship or other vessel shall 
come to any port or harbour within this province, wherein any infection 
or infectious sickness is or hath latety been, the justices and selectmen 
of such place be impowered immediately to order the said vessel and 
sick persons to the province hospital or house aforesaid, there to be 
taken care of according to the directions of this act. And where any 
such ship, vessel or persons cannot without great inconveniency and 
damage be ordered to the aforesaid house or hospital, in every such 
case the rules and directions of the aforementioned act akeady made in 
case of sickness are to be observed. 
Repairs, &o., to [Sect. 6.] And all repairs and whatsoever is necessary for the ac- 
by the'seiec^ °^ commodatiou of sucli pcrsous, shall be taken care of and provided for 
men of the town by the Selectmen of the town of Boston aforesaid, at the immediate 
charge of the province : prov/fZed, nevertheless^ that this is not to be 
understood to excuse any persons or towns, who, according to the afore- 
mentioned law, are obliged to defrey the charge that may be occasioned 
by their sickness or confinement in the said hospital. 
Limitation. [Sect. 7.] This act to continue in force until the end of the session 

of this court which will begin in May, anno one thousand seven hun- 
dred and twenty-three, and no longer. \_Passed February 14, 1717-18. 



CHAPTER 15. 

AN ACT FOR CALLING IN OF PROVINCE BILLS OF CREDIT, OUTSTANDING, 
OF FORMER PLATES, SIGN'D WITH THREE HANDS ONLY. 

1710-11, ciiap. "Whereas, at the session of this court in October, one thousand seven 

hundred and ten, an act passed, intituled "An Act for exchanging the 
twenty-shilling bills of credit, &c"., wherein the treasurer and receiver- 
general of this province, for the time being, is directed and required, 
from and after publication thereof, not to issue or pa}'^ out any of the 
twenty-shilling bills of the date one thousand seven hundred and two ; 
and the treasurer is also by the said act impowred and directed to ex- 
change all the twenty-shilling bills of the aforesaid date of one thou- 
sand seven hundred and two ; and all persons possessing any of the 
said twenty-shilling bills dated one thousand seven hundred and two, 
are thereby required to bring them to the treasurer to be exchanged 
accordingly ; and at the sessions of this court in October, one thousand 

11. " ''^ '*^" seven hundred and thirteen, an act passed, intituled "An Act for the 



rSD Sess.] Province Laws.— 1717-18. 93 

better securing the bills of credit on this province from forgery and cor- 
rn])tion, and for drawing in the ten-shilling, and three-and-sixpeny 
bills " ; there being also a further discovery since made of a considerable 
quantity of forged and counterfeit bills of the several denominations of 
the five-pounds, three-pounds, and fifty-shillings, his excellency the 
governour, -with advice and consent of the council, on Wednesday, the 
sixteenth of February, one thousand seven hundred and fourteen, issued 
proclamation, to be printed and dispersed by the treasurer to the several 
parts of the province, for the calling in of the bills of credit of the sev- 
eral denominations of five-pounds, three-pounds, fifty-shillings, twenty- 
shillings, ten-shillings and three-shillings-and-sixpence ; and notwith- 
standing the care of the government as aforesaid, yet persons are gen- 
erally regardless and negligent to bring in and exchange the bills of the 
former impression, directed to be drawn in as aforesaid, the delay 
whereof is of ill consequence to the publick, and ma}' prove greatly 
detrimental to many particular persons, — 

Be it therefore enacted bj/ His ExceUency the Governour, Council aiul 
Representatives in General Court assembled, and by the aidhority of the 
same^ 

[Sect. 1.] That all persons who are possessed of any of the bills of r.iiis signed by 
credit aforesaid, and all other bills on this province that are signed but ^niy'^ tifbe^ex- 
by three of the committee onl}', do forthwith bring in and exchange cba'ngcd. 
them at the treasury, at or before the first day of Novemlier, anno 
Domini one thousand seven hundred and eighteen, that so there racy 
be no bills passing but those that are sign'd by four of the committee. 

And be it further enacted by the authority aforesaid, 

[Sect. 2.] That from and after the first day of November, one Biiis signed by 
thousand seven hundred and eighteen, the bills of credit on this prov- p"j^° l,^^"^^ 
ince, signed as aforesaid but by three of the committee, be, and hereby pnss after No- 
are, prohibited and forbiden to pass from man to man, or have any fur- ^"" ", i . 
ther currency. \^Passed February 14, 1717-18. 

Notes. — There were three sessions of the General Court this year. The third session 
was prorogued to Feb. 14, and afterwards, by proclamation, to April 23, 1718; but was 
dissolved by proclamation April 10th, 1718, without having met. 

All the engrossments of the foregoing acts arc preserved, except of chapters 12, 14 and 
15, which, however, were printed with the sessions acts. 

The following are titles of private acts passed at the second and third sessions, respec- 
tively : — 

" An act for taking of the Entail and Vesting the Fee-Simple of certain Lands in Scitu- 
ate, in Thomas Briant, for an Equivalent proposed by Joseph Briant to whom the said 
Lands were given in Tail." — {Passed November 20. 

"An Act enaljling William Read to bring forward his Appeal from the sessions of the 
Peace in ]Middlcsex to the Supcriour Court of Judicature to be held in Charlestown for the 
County of Middlesex."— [PassefZ Norember 20. 

" An Act Impo^M-ing the Judge of Probate to allow a Divisional Agreement made be- 
tween the Childi-en & Heirs of Edward Dcnison late of Roxbury Yeoman dece'd." — [Passed 
November 21. 

" An Act Enabling John Porter to bring forward an appeal to the Superiour Court to be 
held in May next in the County of Essex." — {Passed November 21. 

At a meeting of the Board of Trade, June 18, 1718, " Mr. West attending," chapter 7 
was considered, and, on the 20th of the same month, chapters 1, 2, 3, 4, 5 and 6 were con- 
sidered, and "No objection" was minuted against chapters 1, 3, 4, 5 and 7. Chapter 2 
was ordered "To Ive bv," and chapter 6 M-as marked "expires 29'^'' June, 1718." On the 
9th of July following, Mr. West being present, chapters 8. 9, 10 11, 12, 13, 14 and lo were 
considered at a meeting of the Board, and " No olycction was minuted against chapters 
8, 9, 11, 13 and 15 ; and chapters 10, 12 and 14 were ordered " To lye by." 

No farther action upon these acts appears to have Ijccn taken by the Board, except the 
consideration of Mr. Secretary Willard's letter as shown in Note to chapter \, post, m\i\\ 
Oct. 15, 1724, when chapters 1,4, 8,9, 10, 11, 13 and 14 were again submitted to Mr. 
West, who, on the 19th of May following, reported that he had " no objection to their 
being pass'd into Law." These acts were included, with those of 1715-16 and 1716-17, 
in the list which was endorsed in the manner shown in the Notes to those years, respec- 
tively. 

The following letter from Mr. Secretai-y Willard accompanied the copies of acts of the 
second and third sessions forwarded by'hun to the Secretary of the Board of Trade, and 
explains why the titles of private acts have not uniformly appeared in the lists of acts 
received by the Board of Trade :— 



94- Province Laws. — 1717-18. [Notes.] 

"To William Popple Esq'-e 

Sir, This accompanies a Copy out of the Publick Records of this Province of the Pro- 
ceedings of the Gen' Assembly in their two last Sessions, the first beginning October 23'"i 
1717 & immediately succeeding the Minutes of the Sessions in May last, a Copy of which 
M"" Marion the late Deputy Secretary transmitted to you by his Majo's gijjp Rose, the 
other Sessions beginning February 6"' 1717. I have likewise enclosed four Acts of the 
General Assembly past in the Sessions of October & lour others past in the Sessions of 
February. I am informed it has not l)ccn usual to send copies of the private Acts, the 
Titles and Purport of them being contained in the Minutes of the Assemldy. If any 
other copies arc expected outof the Secretaries Office please to let me know their Lordships 
commands thereon & I s^hnll readily conform myself to them. I have Ijcen told that 
Paper & other Stationery AVare is allowed by the Lords Commissioners to the Secretaries 
Offices in the Plantations, if it be so, you will please send us a supply and it will be very 
acceptalile 

I remain, with gi-eat respect Sir, Your most obcd' hum^*'" Ser' 

JOSIAH WiLLAED 

Boston in New England May S"" 1718." 
—Public Record Office: "N. E., Board of Trade," vol. 38,^. 160. 

Chap. 1. To the following letter of Mr. Secretary Willard, objecting to the confirma- 
tion of this act, no other response has been found than the action of the Board of Trade 
shown in the extract from the journals of the Board hereunder given : — 

" Sir, I have thought it proper to advise j-ou of my arrival here, that (if it be necessary) 
the Lords Commrs may know that I am no longer absent from my post. I dispatched 
the Paqucts their Lordships gave me for Brigadier Hunter immediately upon my com- 
ing hither. I must use this opportunity of rccomends to you an affair in which I am 

1692-3, chap. 37. deeply interested. The first Act of the Asseml)ly of this Province relating to fees was 
made in the 4'i> year of William & Mary and among other articles refeiTing to the Secre- 
taries Fees there are these two. Every Order of Council for the benefit of particular per- 
sons 2s. Qd. Every Petition to the Governor & Council or Gen' Assembly from 2s. &d. to 

1715-16, chap. 6. iQs. In the first year of his present Maj'y^ Reign An Act passed entituled An Act in 
addition to an Act for rerjidating Fees, the words of which are as follows Whereas in the 
aforesaid Act there is not mention made of the Fees to be taken for many things which 
may from time to time be entered, recorded, registered & copyed either in the Secretaries 
or Clerks Offices of the several Courts within "this Province, Be it therefore Enacted &<= 
That no Officer whatsoever shall ask, demand & take any more than 12<J a pay for the 
entering, recording, registring & copying all & every matter & thing whatsoever. The 
design of which Act was not only to prevent any demand of extravagant Fees but also 
to state & appoint Fees for such work as was never in any former Ac^ts mentioned, as is 
plain both by the preamble of this Act & by the consequent practise of the House of Rep- 
resentatives, who passed M"^ Woodward the late Secretary's accoimts without the least 
demur, in which he charges 12'i a pay for entering & copying the public transactions of 
the Government. In the Sessions of the Asseml)ly held in May last, an Act passed inti- 
tuled an Act in addition to and explanation of two Acts (the Acts I before mentioned) refer- 
ring to the regulating Fees, the Jjody of which Act is in these terms ; viz : Be it Enacted 
&c that for the^future no Fee whatsoever shall lie due or demanded in the said SecJ* Office 
for any Order of the Governor & Council for the payment of any publick debts of & from 
the Govcrnni' : And lie it further Enacted That the fee for any petition to the Gov & 
Council referring to any debt of the Province as aforesaid be 2s. Gd. and no more And be 
it further Enacted that no Fee whatsoever shall be due or demanded in the said Office for 
any other copies or copying than such as are taken from f-Aiv entries, registers or records 
& those only for a Private use & not for the service of the Government. This last recited 
Act which is called an Act in addition to & explanation of the two former Acts is really a 
repeal of them. The Act with some others is sent home for the Royal Assent and I sup- 
pose now lyes before the Lords ComiTirs of Trade & Plantations; And I hope their Lord- 
ships will be so good guardians of such offices as are in his Maj'ya gift as not to think Acts 
of that kind fit "to pass, for by the last Clause of this Act the heaviest & moi^t trouble- 
some business in the Secretaries Ofl^ice must Ije done without the least consideration of 
profit & the salary is so scandalously small as not to amount to more than £40 Sterling. 
Besides I can't think it in the power of the Government here to take oflf the Fees of any 
Offices that are held by Letters Patent under the Great Seal, after they have by their own 
Acts stated and settled them. I intreat j'our friendship in making a proper Representa- 
tion of the gi-eat injuries done to the Secretaries Oflice by this Act. Please to give ray 
service to M'' Bampfield & assure him that if I can be usefull to him in anything that ma*^ 
fall in my way on this side the water, I shall very readily embrace the opportunit;. 
I doubt not but your goodness will excuse mc that I give you so long a trouble. I shall 
always be Sir Your most obedient humble Servant 

JOSIAH WlLLAHD 

Boston, New Enalond, Dec 2Z^<^ 1717." 
—Public Record Office: ".V. E., Board of Trade," vol. 38, p. 93. 

" Whitehall, Tuesday, March 4"", 1717-8. 

A Letter from M^ Willard Secretary of the Massachusets Bay dated the 23"i of Decem- 
ber 1717, relating particularly, to some Acts of that Province about the Fees of his Office, 
was read ; And their Lordships resolv'd to take the said Acts into consideration at the first 
opportunity." — " Trade-papers," vol. 20, p. 139, in Public Record Office, London. 

Chap. 7. "June 17. 1717. The following Vote pass'd in the House of Represent* '"» 
Read & Concur'd : Viz., — 

Voted that Eleven Thousand Pounds only of the Twenty two Thousand Pounds grant- 
ed in the Years One Thousand seven Hundred & Eleven & One Thousand seven Hundred 
& twelve be lc\ied & collected this present Year And that the Duties of Impost & Tuu- 



[Notes.] Peovince Laws. — 1717-18. 95 



I 



nafje of Sliippin.fiC & Excise together with the Income of the Bills let out & the Light 
House be a Fund & Security forthe Drawing in the Jlemaining Eleven Thousand Pounds. 

Consented to, Samll Shute." 

— Council Records, vol. X., p. 165. 

C/iap. 14. " Nov. 23. 171G The Report of the Committee appointed the eleventh of 
June last to Investigate a suitahle Place for an Hospital for infectious Persons ; Viz, 

In Obedience to "the aforegoing Order We have seaixhed botM by Land & Water the 
most convenient Places in & about Boston Harbour, & find Spectacle Island & Squan- 
tum Neck to 1)C the two most convenient Places for such an Hospital, & discoursed the 
owners about it. 

M"" Bill refuses to sell any Part of Spectacle Island in Fee, but demands ten Pounds 
per Annum for the Use of one Acre of his Land for that Service. M"" Bull demands Fifty 
Pounds for one Acre in Fee upon the South East Part of the Moon, with Liberty to pass 
it repass. Which Place l)cing equally convenient with the other, besides that it is to be 
bought outright, that it lies iuore out of the common Road of Shipping, & that it can be 
come at liolh bj"^ Water & Land, We recommend that as the fittest Place : We herewith 
offer the Draught of a House, Which we reckon most agi-eable to that occasion. The 
Charge whereof with a Well, Fencing, a Shed to House infectious Goods in, & other Ac- 
commodations Wo compute will amount to Ijetwcen One Hundred & fifty & Two Hun- 
dred Pounds : We offer also some Minutes Which we judge convenient to be drawn into 
An Act : Ajll which is humbly submitted to this Hon'"'" Court. 

By Order of the Committee 

Boston Nov. 15, 1716." Adam Wintheop 

The following Vote pass'd in the House of Representatives upon the aforegoing Report 
of the Commitlx'e : Read & Concur'd ; Viz, 

" Voted that this Report be so for Accepted, that the Acre of Land mentioned therein 
on Squantum Neck with necessary Privileges be purchased & paid for out of the publick 
Treasury, The Title to be vested in the Province Treasurer for the Time being for the Use 
of this Provuice. 

That One Hundred & fifty Pounds be allowed out of the publick Treasury for erecting 
necessary Buildings &c thereon ; That Samuel Thaxter & William Payne, Esq''^ be a 
Committee to take Care for the Building & Fitting the Hospital as soon as may be : And 
that the said Committee prepare and lay before this Court a Draught of a Bill enacting as 
they shall think necessary on this Occasion. Consented to, Sami->' Shute 

— Council Records, vol. X., 2}p. 122-3. 

" April 11. 1717. The follo^ving Order pass'd in the House of Represent^^ Read & Con- 
cur'd; Viz, 

LTpon Reading a Petition of a considerable Number of the Inhaliitants of the Towns of 
Dorchester, Braintree & Milton Praying that a Hospital for the Entertainment of Infec- 
tious Persons may not be Erected on ^quantum Neck in Dorchester aforesaid. As has 
been proposed in the Committees Report appointed for that Purpose. 

Ordered that Adam Wiiithrop, William Payne, Samuel Thaxter & Jonathan Dowse 
Esqr^ l)e a Committee to find out & agree for a more suitable Place for the Building a 
Hospital, That it may be Erected with'all convenient Speed ; Consented to, 

—lbid.,2)p. 141-2. Samli- SiirxE." 

" May 15, 1717. In answere to a motion of a Committee of y<= Gen" Assembly, 

Voted, That the Selectmen be impowcred to Lease a peicc of Land on Dere Island not 
exceeding one acre, for a Term not exceeding ninety nine years to be improved for the 
erecting an Hospitall or Pest House there for the reception and entcrtainm' of sick persons 
comeing from beyond sea, and in order to prevent the Spreading of Infection." — Boston 
totcn-records, vol. 2, ]). 373. 

Aug. 9, 1717. Samuel Bill and wife conveyed, for £100, to Jeremiah Allen, treasurer of 
the province, and his successors, the southerly end of Spectacle Island. — (See Suffolk 
Registry of Deeds, lib. o2, fol. H.) By this dcetl it appears that the cellar of the hospital 
had been already dug. See, further, Shurtletf's To2}0(/raphical and Historical Description 
of Boston, jjp. 512-515. 

"Oct. 29. 1717. An Accompt of the Charges on the Hospital built on Spectacle Island 
amounting to One Hundred & seventy three Pounds, Was given in to the House of Rep- 
resentatives by Coll. Thaxter and M'" W'" Payne 

Read & Committed ; Read & Resolved that so much be further allowed & paid out of 
the puljlick Treasury, as with what has been already paid on this Account shall make up 
the sum of One Hundred & seventy three Pounds to discharge this Accompt. 

And the Committee arc desired to proceed in making a Fence & Well at the best Rate 
they can : Sent up for Concurrence, Read & Concur'd : — Consented to, 

— Council Records, 2). 188. Sam^^ Shute." 

" Nov. 28, 1719. A Petition of Samuel Bill of Boston Shewing that upon his Petition 
presented to the General Assembly at their Session in October 1718 he obtained a Vote for 
Three Pounds as a Recompence for his Damage sustained from those that were Ordered 
by this Government to abide on Spectacle Island, that he humbly conceives his Allowance 
would have been much greater had he particularly sett forth his Damage, which is as fol- 
lows. While the Hospital was building on the said Island seventv Passengers from Ire- 
land, in a Vessel that had the Small 'Pox were put on Shoar on" the Island by Order of 
the Government & tarried there six Weeks in which Time they trod down several Acres 
of Grass fit for Mowing, & cut down nine or ten large Trees, that some of the poor Peo- 
ple being sick & in perishing Circumstances, the Petitioner spent above three pounds in 
Relieving them, that since tlie Building the Hospital he has supplied it Avith Water & has 
been serviceable in Making Fires & lookiuit after the said Hospital, the Key thereof being 
committed to him, & that he takes Care that it lie wholesom & tit for the Reception of 
sick People; And therefore humbly Praying that this Hon 'Ji- Court would consider hig 
Losses ^ how slender an Allowance has been already made for the same. And seeing 



96 Province Laws. — 1717-18. [Notes.] 

they have been occasioned by the Act of the Government, in Placing the Hospital on the 
said Island & Ordering sick People there, That they would in their gi-eat Justi\,5 & Good- 
ness Order him such an Allowance, as they shall think proportionable to his Services & 
Damages as aforesaid. 

In the House of Representatives ; Read & Resolved that the Sum of Twelve Pounds be 
allowed and paid out of the publick Treasury to Samuel Bill the Petitioner in mil of all 
Damages mentioned in his Petition. In Council ; Read & Concur'd ; — 

Consented to, Sami-I' Shote " 

—Ibid., p. 50i. 

(a.) " June 20. 1717. The following Resolve pass'd in the House of Represent-'^ Read 
& Concur'd ; Viz.,— 

Resolved that the Treasurer be & hereby is Directed & Impowered to Issue forth & 
Emit of the Bills of puljlick Credit received into the Treasury the Sum of Three Thousand 
Pounds for Payment of the publick Debts of the Province already Contracted for the De- 
fence & Support of the Government & the necessary Protection & Preservation of the In- 
habitants of this Province & for the Subsisting of Forts & Garrisons & Wages arising for 
their Service for Payment of Grants, Salaries & Allowances made or to be made by this 
Court, according to such Draughts as from Time to Time shall be made upon him by 
Warrant or Order from the Govern"^ or Commander in Chief for the Time being By & with 
the Advice & Consent of the Council; And the said Bills shall pass out of the Treasury at 
the Value therein express'd equivalent to Money & shall be taken & Accepted in all 
public Payments at the Advance & after the Rate of Five Pounds per Cent. more. 

And as a Fund & Security for the same There be and hereby is Granted to his most 
Excellent Majesty to the Ends & Uses as aforesaid a Tax of Three Thousand Pounds to 
be levied on Polls & Estates both Real & Personal within this Province according to such 
Rules & in such Proportion upon the several To^^nis & Districts within the same as shall 
be Agreed on & Ordered by the Great & Gen" Court or Assembly of this Province at their 
Session in INI.ay Anno 1720, & paid into the Treasury on or before the last Day of Decem- 
ber next after. Consented to, " Sami-i- Shute." 
-Council Records, vol. X., p. 171. 

(6.) " Nov. 18. 1717. In the House of Represent™^ Resolved that the Treasm-er be 
& hereby is Directed & Impowcr'd to issue forth & Emit of the Bills of publick Credit 
received into the Treasury the Sum of Six Thousand Pounds for Payment of the publick 
Debts of the Province already contracted for the Defence & Support of the Government 
& the necessary Protection & Preservation of the inhabitants of this Province & for the 
.Subsisting of Forts & Garrisons & Wages arising for their Service for Payment of Grants, 
Salaries & Allowances made & to be made by this Court, according to such Draughts as 
from Time to Time shall be made upon him by Order of the Govern'' or Commander in 
Chief for the Time being by & with the Advice & Consent of the Council And the said 
Bills shall pass out of the Treasury at the Value therein express'd equivalent to money 
& shall be taken & accepted in all Publick Payments at the Advance &, after the rate of 
Five Pounds per Cent, more : 

And as a Fund & Security for the same There be and hereby is Granted to his most 
Excellent Majesty to the Ends & Uses as aforesaid A Tax of Six Thousand Pounds to 
be levied upon Polls & Estates both Real & Personal within this Province according to 
such Rules & in such Proportion on the several To^^tis & Districts within the same as 
sliall be Agi-ecd on & Ordered by the Great & General Court or Assembly of this Province 
at their Sessions in May Anno 1722 & paid into the Treasury on or before the last Day of 
December next after ; Sent up for ConcmTence. 

Read & Concur'd ; Consented to, Sami-l Shute." 

—Ibid., p. 212. 



ACTS 



Passed 171 8 — 1 9. 



13 



[97] 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Twenty-eighth day of May, A.D. 1718. 



CHAPTER 1. 

AN ACT IN ADDITION TO AN ACT PASS'D IN THE FIRST YEAR OF QUEEN 
ANN[£], ENTITULED "AN ACT MORE EFFECTUALLY PROVIDING FOR 
THE SUPPORT OF MINISTERS." 

Whereas in and by the said act a power is provided and given to 1702, chap. 10, 
the selectmen of anj^ town from which any district or precinct is set off, § 2. 
to assess the inhabitants of the same the sums agreed on for the sup- 
port of the minister, in case the assessors of such precinct shall neglect 
or refuse to do the same, but no like power with reference to the charge 
of building or repairing of the publick meeting-houses for the worship of 
God, vested either in the assessors or the selectmen, — 

Be it enacted by His Excellency the Governour, Council and Represen- 
tatives in Genercd Court assembled, and by the authority of the same, 

[Sect. 1.] That when and so often as the major part of the inhab- Assessors em- 
itants of any precinct or district have, or, at a meeting of the same ^^^eanVas- 
legally warned, shall agree on the building, finishing or repairing of any sess money for 
publick meeting-house, or the defr[a] [e]ying any other necessary charge ing.houf eT^'" 
for the support of the worship of God, and agree on any sum or sums of 3 -^^^^^ 28I. 
money for that purpose, the assessors of such precinct or district are 
hereby impow[e]red to assess and raise the same on their respective 
inhabitants ; and in case such assessors shall neglect or refuse so to do, 
then and in that case the selectmen of the town from which such pre- 
cinct or district is derived, are hereby impow[e]red and^required to 
assess the inhabitants of such precinct or district the suin or sums of 
money so agreed on, to be collected and levyed in like manner as is 
directed in and by said act ; and all regular or legal precincts or dis- 
tricts are hereby also impow[e]red to ch[oo][u]se a committee or other 
officers for the better management of the affairs of their respective dis- 
trict or precinct, as aforesaid. 

And be it fmiher enacted by the authority aforesl_ai^d, 

[Sect. 2.] That in all such towns where there are or shall hereafter inhabitants of 
be one or more districts or precincts regularly set off, the remaining ^h^chleverar 
part of such town shall be, and are, hereby deemed, declared and con- districts are set 
stituted an entire perfect district, parish or precinct (and the first or ^^ *' ^"^p*^^®"^- 
principal of said town) and the inhabitants thereof to have full power 1 Pick. 98. 
to ch[oo][u]se a committee for the regulation and management of all 
affairs relating to the support of the publick worship of God, and for 
the chusing all necessary and proper officers in and for the said precinct, 
parish or district, and further to have all such powers and privileges as, 
by any of the laws of this province, are given or annexed to any district 
or precinct ; any law, usage or custom to the contrary notwithstanding. 
{^Passed June 19 ; published June 21. 

[99] 



100 



Province Laws.— 1718-19. [Chaps. 2, 3.] 



r 



CHAPTER 2. 

AN ACT IN ADDITION TO THE SEVERAL ACTS FOR SETTLEMENT AND 
SUPPORT OF SCHOOL-MASTERS [&c]. 

1701^2', chap, lo! Whereas, notwithstanding the many good and wholesome laws of 
And Bee 1711.12, tMs pi'ovince for the encouraging of schools, and the penalty, first of 
c ap. ,jj ' ■ ten pounds, and afterwards increased to twenty pounds, on such towns 
as are obliged to have a gramm[a][e]r-school master, and neglect the 
same ; j^et by sad experience it is found that many towns that not only 
are obliged by law, but are very able to support a gramm[a] [e]r school, 
yet choose rather to incur [r] and i)ay the fine or penalty than main- 
tain a gramm [a] [e]r school, — 

Be it enacted by His Excellency the Governour, Council and Represen- 
tatives in General Court assembled, and by the authority of the same, 
Penalty. That the penalty or forfeiture for non-observance of the said law 

henceforth shall be thirty pounds on every town that shall have the 
number of one hundred and fifty families, and forty pounds on every 
town that shall have the number of two hundred families, and so pro 
rato in case the town consist of two hundred and fifty or three hundred 
families ; to be recovered, paid and imployed in manner and to the use 
as by the law is directed ; any law, usage or custom to the contrary 
notwithstanding. \_Passed June 17 ; published June 21. 



CHAPTER 3. 



AN ACT IN FURTHER ADDITION TO AN ACT INTITULED 
REGULATING FENCES, CATTLE, &c," 



"AN ACT FOR 



Fences, how to 
be maintained. 
1693-4, chap. 7. 
1698, chap. 12. 



Justice of peace 
upon applica- 
tion, to call a 
meeting of pro- 
prietors. 



1712-13, chap. 9. 



Be it enacted by His Excellency the Governour, Council and Represen- 
tatives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That in any and every town of this province, where sev- 
eral allotments of upland and meadow are inclosed and fenced in one 
general field, or where there have been so inclosed, fenced and improved, 
or where all the proprietors of such land shall hereafter see cause to 
inclose, fence and improve the same in such manner, the proprietor or 
proprietors of each lot respectively during the time of his or their feed- 
ing, planting, mowing or otherwise improving his part in such general 
field, shall make and maintain his or their respective part of the whole 
fence, according to the quantity of acres of land contained in his or their 
allotment, until the major part of the propriety shall see cause to alter 
the form of their improvement, at a meeting of such proprietors legally 
warned for that purpose. 

[Sect. 2.] And for the better enabling such proprietors to call a 
meeting for the ends aforesaid, it shall be in the power of any justice of 
the peace for the county where such lands lye, upon application to 
him made by any of the two* proprietors of such general fields, to 
issue out a warrant for such meeting, according to the form of an act 
made and passed in the twelfth year of Queen Anne, directiug how 
meetings of proprietors of lands lying in common may be called ; the 
whole general fence to be measured, and each man's part to be set out 
and apportioned by two or three discreet, indifferent persons, appoijited 
and sworn for this purpose by any justice of the peace for the said 
county, excepting the major part of the propriety agree and apportion 
the same among themselves. 

* Rir.. 



risT Sess.] Province Laws. — 1718-19. 101 

[Sect. 3.] And when the proportion of each proprietor in such gen- Eachproprie. 
era! fence is adjusted and determined, the same shall be entered upon inyemfna^fence 
record by the clerk of the propriety, and, where there is no such clerk, ^ ^t^lcierk'^of 
by the clerk of the town where the land lyes ; any law, usage or custom t^e propriety 
to the contrary notwithstanding. [Passed June 14.. or town clerk. 



CHAPTER 4. 

AN ACT FOR THE BETTER REGULATING THE CULLING OF FISH. 

Whereas, thro the carelessness or ignorance of persons who under- Disallowed by 
take to cull fish, without being chosen and sworn to the faithful [1] dis- di^ May 7,172".* 
charge of that trust, many great abuses have happened to the buyers g^g 1^,99-3, chap 
thereof; for the prevention whereof for the future, — 17. § 8- 

Be it enacted by His Excellency the Governour, Council and Represen- 
tatives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That there shall henceforth be annually chosen in every Cullers of fish 
seaport town or place within this province where fish is made and cured, March meeting, 
at their annual meeting in March, a suitable and sufficient number of annually, 
cullers of fish ; and that no person or persons shall presume to cull any 
fish, upon any pretence whatsoever, without being chosen and sworn 
according to this law, upon pain of forfeiting ten pounds for every such Penalty for cuii. 
offence. And each culler shall have due regard, in culling of all fish, to i"| Chosen and 
the contract or agreement between the buyer and seller, with respect to sworn, 
the season of [the] year wherein such fish was made and cured. 

And be it further enacted by the authority aforesaid, 

[Sect. 2.] That no person or persons shall presume to ship off" any ij«'."'^l*y fo^ 
merchantable fish whatsoever, without being first surveyed or culled by fish without be- 
a sworn culler, on the penalt}^ of forfeiting such fish. cufied!^^^'"^ ""^ 

[Sect. 3.] And every master of any ship or other vessel is hereby 
strictl}^ prohibited from receiving or taking on board his ship or vessel[l] ma^te'^s Taking 
any merchantable fish, in order to be transported beyond sea, until such such fish on 
fish be first surveyed by a sworn culler, under the penalty of five shil- 
lings fine for every quintal of fish so received or taken on board. 

[Sect. 4.] And all cullers so chosen by any town or place shall each ^ 
and eveiy of them be sworn as follows ; viz*-, — 

I, A. B., do swear that I will faithfully and impartially, to the best of my Culler's oath. 
juclg[e]ment, perform the duty and office of a culler of fish for the year ensu- 
ing, and that I Avill always have a regard to the particulars meutioned in this 
act. So help me God. 

Provided nevertheless, when it shall so happen that the sworn culler[s] Proviso, 
cannot be obtained, that then it shall and may be lawful [1] for the 
buyer and seller to agree upon some meet person to be a culler, in such 
case, provided he be under the same oath and restrictions as the cullers 
abovesaid. 

Arid be it further enacted, 

[Sect. 5.] That all forfeitures and penalties arising by force and Fines how to 
virtue of this act shall be disposed of, one-half to the poor of the place ^^ ^'^^""^^^ ""^ 
where the offence shall be committed, and the other half to the in- 
former, or to him or them that shall sue for the same in any of his maj- 
esty's courts of record within this province. [^Passed June 25 ; pub- 
lished June 28. 

* For reasons for disallowance, see the note to this chapter, post. 



102 



Province Laws. — 1718-19. [Chaps. 5, 6.] 



CHAPTER 5. 

AN ACT IN ADDITION TO THE ACT FOR ENCOURAGING THE RAISING 
OF HEMP WITHIN THIS PROVINCE, MADE IN THE SECOND YEAR OF 

HIS MAJEST[F][IE]'S REIGN. 



Aflditional pre- 
mium for rais- 
ing hemp. 
1715-16, chap. 
19. 



Limitation. 



For a greater and farther encouragement of the same, — 

Be it enacted by His Excellency the Governour, Council and Representa- 
tives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That from and after the publication of this act there shall 
be paid out of the publick treasuiry the sum of nine shillings and four- 
pence, over and above the proemium already given by said act, for every 
hundred and twelve pounds of good, merchantable, water-rotted hemp, 
of the growth of this province, that is brought to market, cured, cleansed, 
dressed and surve3'ed according as is provided in said act ; any law, 
usage or custom to the contrary notwithstanding; 

[Sect. 2.] This act to continue in force during the continuance of 
the aforerecited act, which is ten years from the commencing thereof, 
— id no longer. \_Passed and published June 21. 



CHAPTER 6. 



AN ACT FOR THE FURTHER REGULATION OF FERRIES. 



1696, chap. 14. 
1711-12, chap. 8. 



Two boats to Je 
always passing 
upon the water. 



Ferrymen to 
keep planked 
trucks on each 
side the water. 



renalty. 



Whereas, notwithstanding the provision already made for the speedy 
transportation of all travellers and passengers over the ferry at Winni- 
simm[i][e]t, yet, thro the misconstruction of the said law, persons are 
unreasonably delayed and kept from passing said ferry until the return 
of the boat from the oi)posite side, so that in effect the benefit proposed 
in having three boats is lost ; therefore, for remedy thereof, and that all 
passengers may be transported speedil}', — 

Be it enacted by His Excellency the Governour, Council and Rex)resen- 
tatives in General Court assembled, and by the authority of the same, 

[Sect. 1] That two of the three boats appointed for the service of 
the said ferry, shall be alway[e]s passing on the water, from side to 
side, and as one of the boats puts off from either side, the boat on the 
contrary side shall be obliged to put off, unless the weather be stormy, 
or not safe for the passengers ; nor shall any persons who want a pas- 
sage cross said ferry, when to the number of five, be delay'd, under the 
penalty of twenty shillings. 

And be it further enacted, 

[Sect. 2.] That at Charlestown, Winnisimm[i][e]t, Salem and 
Newbury ferries, there be henceforth provided and kept on each side of 
the water, by the ferrymen of the respective ferries, a pair of planked 
trucks of a sufficient breadth for the safe and more convenient passing 
of coaches, colashes, horses and cattle, in and out of the feny-boats, on 
penalty of ten shillings for every three months' neglect, to be recovered 
before any of his majesty's justices of the peace in the count}'-, by any 
person who shall inform and sue for the same ; any law, usage or custom 
to the contrary hereof notwithstanding. [^Passed June 23 ; published 
June 28. 



[1st Sess.] Province Laws.— 1718-19. 103 



CHAPTER 7. 

AN ACT IN ADDITION TO AN ACT MADE IN THE SECOND YEAR OF HIS 
PRESENT MAJESTY'S REIGN, ENTITULED "AN ACT FOR GRANTING 
UNTO HIS MAJESTY AN EXCISE UPON WINES, LIQUOR AND OTHER 
STRONG DRINK, SOLD BY RETAIL." 

Whereas in and bj^ the said act it is provided that the commission- 1716-17, chap. 1, 
ers shall pay into the publick treasury their collections, and that the ^ "• 
justices, at their general sessions for the peace, take bond with sufficient 
security for the due payment of such collections to the treasurer of this 
province for the time being ; yet, notwithstanding, divers of the said 
commissioners have greatly neglected to make due payments, — 

Be it therefore enacted by His Excellency the Governoin\ Council and 
Representatives in General Court assembled, and by the authority of the 
same, 

[Sect. 1 .] That the commissioners of the excise shall be, and here- Commissioners 
by are obliged, under the penalty of forfeiting the reward allowed them treasury o°nce° 
for their service, to pa^^ into the publick treasur\' once ever}^ half year f^I^ half year, 
what they shall receive ; and also shall render a particular acco[?»j>]t particular ac 
therewith of the persons from whom they receive the same ; and that *^°""'*- 
the treasurer of this province, for the time being, shall put in suit the 
bonds of all such commissioners who shall neglect to make due payment 
sixty day[e]s after the expiration of each year. 

[Sect. 2.] And that the justices in each county within this prov- Treasurer to 
ince, shall, on such suit, forthwith take new bond of such commissioner, fuit, upon neg. 
according to the direction of the said act, or, upon refusal or neglect of I'-'-t- 
such commissioner to renew his bond, shall proceed to appoint a new 
commissioner ; any law, usage or custom to the contrary notwithstand- 
ing. \_Passed June 25 ; published June 28. 



CHAPTER'S. 

AN ACT IN ADDITION TO AN ACT ENTITULED "AN ACT FOR THE MAK- 
ING AND EMITTING THE SUM OF ONE HUNDRED THOUSAND POUNDS 
IN BILLS OF CREDIT ON THIS PROVINCE, IN SUCH MANNER AS IN 
THE SAID ACT IS EXPRESSED." 

Whereas, in and by one clause or paragraph in the said act, it is 1716.17, chap, 
enacted "That when the com[m]issioners shall receive in the whole or ^^>^^- 
any part of the principal suius before the time expressed, they shall let 
out the same again ; and that they shall be accountable yearly, both for 
the principal and for the profits of all bills by them let out, to the great 
and general court or assembl}' ; the profits to be applj-ed for and towards 
the support of the government, as the general court shall from time to 
time direct ; " but, forasmuch as the commissioners are under no pen- 
alty, they have not conformed to the said act, in rendring an accompt 
yearly to the general court, of the principal and profits of the bills by 
them received and let out, — 

Be it therefore enacted by His Excellency the Governour, Council and 
Representatives in General Court assembled, and by the authority of the 
same, 

[Sect. 1.] That the said commissioners, under the penalty of for- Commissioners 
feiting their reward allowed them for their service by the said act, shall accmmtTJf "he 
render true acco[mj9]ts, as well of the principal sums by them received principal and 



104 



Province Laws.— 1718-19. [Chaps. 9, 10.] 



profits, to the 
General A s- 
eembly at their 
next fall ses- 
sions, and pay 
in the profits to 
the treasury. 



Commissioners 
to pay into the 
treasury yearly 
the profits of 
the bills. 



and lett out, as for the profits thereof, to the great and general court or 
assembly, sometime in the second week of their next fall sessions, and 
pay into the publick treasury of this province all the profits which shall 
arise by the loan of the said bills, and which shall be then received by 
the said commissioners, and appear due by their accompts to be then 
exhibited. 

[Sect. 2.] And from and after that time the said commissioners are 
hereby directed and required, under the like penalty, 3'eaiiy to pay into 
the treasury all the profits of the said bills fourteen day[e]s before the 
sessions of the general court in Ma^^ ; and to present their accompts to 
the said court in the second week of their said session[s] annually, for 
their allowance and approbation ; any law, usage or custom to the con- 
trary notwithstanding. [_Passed June 25 ; published June 28. 



CHAPTER 9. 

AN ACT IN ADDITION TO THE ACT FOR PREVENTING ABUSES TO THE 
INDIANS, MADE IN THE TWELFTH YEAR OF KING WILLIAM. 



1700-1, chap. 9. 



No hill, &c., 
given by any 
Indian to be 
good, unless 
entered into 
before two jus- 
tices, both be- 
ing present. 



No contract for 
service of any 
Indian to be 
good, unless 
as above. 



Whereas, notwithstanding the care taken and provided by said act, 
a great wrong and injury happens to said Indians, natives of this coun- 
try, by reason of their being drawn in by small gifts, or [/or] small 
debts, when they are in drink, and out of capacity to trade, to sign un- 
reasonable bills or bonds for debt[s], which are soon sued, and great 
charge brought upon them, when they have no way to pa}' the same but 
by servitude, — 

Be it therefore enacted by His Excellency the Governour, Council and 
Reioresentatives in General Court assembled, and by the authority of the 
same, 

[Sect. 1.] That from and after the publication of this act, no bill, 
bond or other special[?']ty in writing, given by any Indian, on any con- 
tract whatsoever, shall be deemed good or h& recoverable against any 
Indian native of this province, unless such bill, bond or specialty be 
entered into before any two of his majesty's justices of the peace in the 
county where such Indian lives, and both to be present together when 
the said bill, bond or specialt}^ is executed by the said Indian, and ap- 
probated by the said justices, who are therefore to take care of the 
equity and reasonableness of such bill, bond, bargain or contract. 

And be it further enacted, 

[Sect. 2.] That henceforth no Indian shall contract or put him- or 
herself, or child, apprentice or servant for any time or term of years, 
but by and with the allowance and approbation of two of his majesty's 
justices of the peace in the county where such Indian lives ; and the in- 
denture to be allowed of and approved by the said justices at the same 
time and when together ; any law, usage or custom to the contrary not» 
withstanding. [Passed and published June 21. 



CHAPTER 10. 



AN ACT TOR THE REGULATION AND LIMITING CREDIT IN TRADE, AND 
FOR THE PREVENTING THE DOUBLE PAYMENT OF DEBTS. 

Whereas the long credit in trade of late years given by merchants, 
shopkeepers and others, has by sad experience been found to occasion 



[1st Sess.] Province Laws.— 1718-19. 105 

in a great measure the extravagance and excessive consumption of un- 
necessary commodities so much complained of, and been greatly preju- 
dicial to the interest of trade, and injurious both to creditor and debtor ; 
and the debtor, his heirs, executors or administrators oftentimes forced 
or endangered to pay a debt over again, for want of such debtor's ac- 
compts being adjusted or reduced to some specialty in a reasonable 
and convenient time, — 

Be it therefore enacted by His Excellency the Govemour, Council and 
Representatives in General Court assembled, and by the authority of the 
same, 

[Sect. 1.] That from and after the publication of this act, no action no action to be 
shall be brought or founded on any book or accompt whatsoever, for took^deu after 
debts hereafter to be contracted by merchants, shopkeepers, traders, two years from 
handicraftsmen and others that deal on credit, after the expiration of thereof^"^ 
two years from the contracting thereof, unless the same shall be adjust- 
ed, set[^]led and signed by the debtor, reduced to some specialty, or 
action brought and prosecuted for the same. 

Provided always, 

[Sect. 2.] That this act nor anything therein contained shall extend Proviso, 
to limit or bar[r] any action or actions of accompt between creditor 
and debtor, where either of them may be beyond the seas, or in other 
provinces or colonies, nor any action of accompt between merchants 
concerned together in company or partnership, their factors or servants, 
nor any action for and in behalf of any minor or minors ; any law, usage 
or custom to the contrary notwithstanding. 

[Sect. 3.] This act shall continue in force for the space of five years. Limitation. 
[Passed June 25 ; x>ublished June 28. 



. CHAPTEE 11. 

AN ACT FOR THE BETTER INQUIRY INTO THE RAT[£]ABLE ESTATE OF 

THIS PROVINCE. 

Whereas there hath been great complaint that the several towns and See i707, chap, 
precincts within this province have not born their equal proportions in ciiapV^^^ '^^' 
the late taxes ; for prevention whereof, and that there be a more just 
and equal way to proportion the several towns, precincts and inhabit- 
ants in this province, — 

Be it enacted by His Excellency the Governour, Council and Representa- 
tives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That the assessors of each town within this province. Assessors to 
for the year [1718] [one thousand seven hundred and eighteen'], shall coimt*ofpoiir 
upon oath, at or before the last day of August next, take a true and &c- 
faithful[l] acco[»H][mp]t, according to their best skill and understand- 
ing, of all male polls from sixtee^ j-ears old and upwards, being inhab- 
itants of each respective town, whether at home or abroad ; and none 
to be exempted thro' age, poverty, or any other cause ; and likewise all Ratable estate 
rat [e] able estates of the inhabitants of each town, both real and per- ^eriomf/ '^'^^ 
sonal, wiih faculties, together with the farms and iuhabitants adjacent 
thereunto, except the governour or commander-in-chief, the lieutenant- Persons ex- 
governour, and their families, the president, fellows and students of [™P^'^<^^''"™ 
Harvard College, set[^]led ministers and grammar-school masters who 
are hereby exempted from being taxed, as well for their polls as their 
estate, being in their own hands and under their actual management 
and improvement. 

14 



106 



Province Laws.— 1718-19. [Chap. 11.] 



Rules for valu- 
ing ratable 
estate. 



Oath. 



Commissioners 
appointed. 



Their power. 



Commissioners' 
names in tlie 
ecveral coun- 
ties. 



[Sect. 2.] And the said assessors shall be obliged, in taking such 
acco[^t?^][mp]ts, to conform themselves to lists, or forms printed for 
this purpose, and shall make a true and just valuation, according to the 
rules hereafter mentioned, estimating all houses and lands, crains, 
wharffs, iron-works, tind all sorts of mills, &c., at six years' income, as 
they may be reasonably set[t] or let[t] for, in the places where they 
lye, without any subduction for repairs ; and all Indian, negro and 
molatto servants for life, to be estimated as other personal estate ; viz., 
each male servant for life, above fourteen years of age, at fifteen pounds 
value ; each female servant for life, above fourteen years of age, at ten 
pounds value ; except the said assessors shall see just cause (by reason 
of age or infirmity) to make any abatement of said value, which the^^ 
are hereby allowed to do. And all Indian, negi'o and molatto male 
servants for a term of 3' ears shall be numbred and rated as other polls, 
and not as personal estate ; and every steer or ox at the age of four 
years old and upwards, at forty shillings value ; and every cow or 
heif[f]er at the age of three years old and upwards, at thirty shillings ; 
and every horse or mare at three years old and upwards, at forty shil- 
lings ; and every swine of one year old and upwards, at eight shillings ; 
and every sheep or goat of one year old and upwards, at three shil- 
lings ; and all decked vessel [l]s at thirty shillings per ton, and all 
other vessel[l]s at twenty shillings per ton ; trading stock at one-quar- 
ter part of the true value thereof. 

[Sect. 3.] And all such estate so estimated, with faculties, to be 
set at one peny upon the pound ; the said assessors being obliged to 
take the following oath ; vizt., — 

You, A. B., being chosen an assessor for the town of D., for this present 
year, do swear that you will truly and faithfully do and perform the whole 
business and duty of an assessor, according to the directions of this act. So 
help you God. 

And be it further enacted by the authority afortsaid, , 

[Sect. 4.] That in every county there be three commissioners 
appointed by this court, to go to each town, who, being first sworn 
to the faithful[l] discharge of their trust, shall examine and regu- 
late the several lists and valuations made by the assessors of each 
town, as aforesaid. 

[Sect. 5.] And the said commissioners are impow[e]red to exam- 
ine the said assessors, upon oath, relating to the several lists presented 
to them ; as also the assessors for the year [1717] [one thousand seven 
hundred and seventeen']^ who are hereb}^ obliged to deliver to them the 
several lists referring to the tax in the said year ; which oath the said 
commissioners are impow[e]red to administer. 

[Sect. 6.] And such lists, being perfected and signed by the assess- 
ors and commissioners for the year [1718] \_one thousand seven hun- 
dred and eighteen'], shall be by the said commissioners delivered to the 
general court in the second week of their next fall sessions. 

[Sect. 7.] And the commissioners appointed for each county are as 
follows ; vizt., — 

For the county of Suffolk, Edmund Quincey, Habijah Savage and 
Samuel Thaxter, Esqrs. 

For the county of Essex, Capt. Peter Osgood, Maj[o]r John Denison 
and Capt. Richard Kimbal. 

For the county of Middlesex, Jonas B®nd, Francis Fullam and Jonas 
Prescot, Esqrs. 

/or the county of Hampshire, Samuel Porter, Esqr., Luke Hitchcock, 
Esqr., Jonathan Wells, Esqr. 



[1st Sess.] Peovince Laws. — 1718-19. 107 

For the county of Plymouth, Nathaniel Thomas, Esqr., Mr. Thomas 
Turner, Capt. William Shurtliff. 

For the county of Barnstable, Col. William Basset, Shubal Gorham, 
Esqr., Joseph Doan, Esqr. 

For the county of Bristol, Nathaniel Byfield, Esqr,, Daniel Smith, 
Esqr., Capt. William Southworth. 

For the county of York, John Wheelwright, Esqr., Charles Frost, 
Esqr., Mr. John Say word. 

For Dukes county, Mr. Shubal Smith, Enoch Coffin, Esqr., Mr. Sam- 
uel Look. 

For Nantucket, Joseph Coffin, Esqr., George Bunker, Esqr., George 
Gardner, Esqr., 

[Sp:ct. 8.] And none of the aforesaid assessors shall serve as com- 
missioners. 

[Sect. 9.] And the several commissioners shall be allowed for their Allowance to 
service six shillings ^967* diem, to be paid by their respective counties, si'o^ner™'"^^" 
and the' assessors three shillings per diem, to be paid by the respective 
towns. 

[Sect. 10.] And if any of the said commissioners shall refuse, neg- Penalty for as. 
lect or fail of their dut}^ each of them shall forfeit and pay the sum of ^^^^°^^ "^^ ^'^ ■ 
ten pounds ; and if any of the said assessors shall refuse, neglect or fail 
in their duty, each of them shall forfeit and pay the sum of five pounds ; 
the one-half to his majesty, and the other half to him or them that shall 
inform and sue for the same, by bill, plaint or information in any of his 
majesty's courts of record. 

[Sect. 11.] And in case of [the] sickness, death or refusal of any Court of ses- 
of the said commissioners, the justices of the court of general sessions ccnnmiLi^tfners"' 
of the peace in the respective counties within this province, are hereby »» case. 
impow[e]red to appoint others in their room ; and the clerk of the ses- 
sions in each county where such vacancy happens, and the sessions not 
near sitting, is hereby directed to notify all the justices of the said county 
to sit in the shire town for the supplying and filling up such vacancy or 
vacancies. [^Passed July 1 ; published Jidy 5. 



CHAPTEE 12. 

AN ACT FOR GRANTING UNTO HIS MAJESTY SEVERAL RATES AND DUTYS 
OF IMPOST AND TUNNAGE OF SHIPPING. 

We, his majesty's loyal and dutifull subjects, the representatives of Disallowed by 
this his majesty's province of the Massachusetts Bay in New England, en! May^26°'^°* 
considering the necessity of granting a supply of monej's for calling in i^i^-* 
the sum of twenty-two thousand pounds granted unto her late majesty, 
by bills emitted, at their several sessions annis 1712| and 1713, J to be 
levyed and collected in this present year, of which the dutys of impost 
and excise and tunnage of shipping were to be a fund and security; 
have chearfully and unanimously given and granted, and do herebj'^ 
give and grant, unto his most excellent majest}', to the ends, use and 
intent afores*^, and for no other use, the several dut3"s of impost upon 
wines, liquors, goods, wares and merchandize that shall be imported 
into this province, and tunnage of shipping hereafter mentioned and 
expressed, for calling in the sura of four thousand pounds, part of the 
twent^'-two thousand pounds abovementioned ; and pray that it ma}'' 
be enacted, — 

* For the reasons for disallowance, see the note to this chapter, post. 

t Notes to 1712-13, resolves (6), (c.) + Notes to 1713-14, resolves {a,) (6.) 



108 > Province Laws.— 1718-19. [Chap. 12.] 

And be it accordingly enacted by His Excellency the Governour, Coun- 
cil and Eepreseiitatives in General Court assembled, and by the author- 
ity of the same, 

[Sect. 1.] That after the publication of this act there shall be paid 
by the importer of all wines, liquors, goods, wares aud merchandize 
that shall be imported into this province from the place of their growth 
(salt, cotton-wool, provisions and every other thing of the growth and 
produce of New England excepted) , the several rates and dutys of im- 
post following ; viz'., — 

For every pipe of common wine from the Western Islands, fifteen 
shillings. 

For every pipe of Canary, twenty-five shillings. 

For every pipe of Madera or Passada, tw^enty-five shillings. 

For every pipe of other sorts not mentioned, fifteen shillings. 

For every hogshead of rhum, containing one hundred gallons, fifteen 
shillings. 

For every gallon of rhum or other spirits distilled, one penny per 
gallon. 

For every hundred pounds sterling in English merchandize, prime 
cost, twenty shillings. 

For every hogshead of sugar, two shillings. 

For every hogshead of molasses, one shilling. 

For ever}^ hogshead of tobacco, two shillings and sixpence. 

For every tun of logwood, three shillings. 

And so proportionably for greater or lesser quantitys. 

For all other commoditys, goods or merchandize not mentioned or 
excepted, one penny for every twenty shillings value. 

[Sect. 2.] And for any of the above wines, liquors, goods, wares, 
merchandize, etc., that shall be imported into this province from va\j 
other ports than the places of their growth aud produce, there shall be 
paid by the importer double the value of impost appointed by this act 
to be received for every species abovementioned, unless they do bona 
^de belong to the inhabitants of this province and come upon their 
risque from the port of their growth. 

And be it farther enacted by the authority aforesaid, 

[Sect. 3.] That all the aforesd. imposts, rates and dutys shall be 
paid in current mone}^, or in the bills of credit of this province, b}^ the 
importer of any w'ines, liquors, goods or merchandize, unto the commis- 
sioner and receiver to be appointed as is hereinafter directed for entring 
and receiving of the same, at or before the landing of any wines, liquors, 
goods or merchandize : only the commissioner or receiver is hereby 
allowed to give credit to such person or persons where his or their duty 
of impost in one ship or vessel doth exceed the sum of ten pounds. And 
in case where the commissioner or receiver shall give credit he shall set- 
tle and ballance his accompts Avith every person so that the same 
accompts may be ready to present to this court in May next, and all 
entrys w'here the impost or duty to be paid doth not exceed four shillings 
shall be made without charge to the importer, and not more than six- 
pence to be paid for any other single entry to what value soever. 

And be it further enacted by the authority cforesd., 

[Sect. 4.] That all masters of ships or other vessels coming into 
any harbour or port within this province, from beyond sea or from any 
other province or colony, before bulk be broken aud within twenty-four 
hours after his arrival in such harbour or port, shall make a report to 
the commissioner or receiver of the impost, to be appointed as hereafter 
mentioned, of the contents of the lading of such ship or vessel, without 
any charge or fee to be demanded or paid for the same ; which report 
such master shall give in to the said commissioner or receiver, under 



[1st Sess.] Peovince Laws. — 1718-19. 109 

his hand, and shall therein set down and express the quantitys and 
species of the wines, liquors, goods and merchandizes laden on sach 
ship or vessel, with the marks and numbers thereof, and to whom the 
same is consigned, and also malce oath that the said report or manifest 
of the contents of his lading, so to be by him given in under his hand 
as aforesd., contains a just and true accompt, to the best of his knowl- 
edge, of the whole lading taken on board and imported in the said vessel 
from the port or ports such vessel came from, and that he hath not broken 
bulk nor delivered any of the wines, rum or other distilled liquors or 
merchandize loaden on said ship or vessel, directly or indirectly, and 
that if he shall know of any more wines, liquors, goods or merchandize 
to be imported therein, before the landing thereof, he will cause it to be 
added to his manifest ; which manifest shall be agreeable to a printed 
form made for that purpose, wherein shall be a column for the sterling 
value of the English merchandize, which is to be filled up by the said 
coihissioner or receiver according to each particular person's entry ; 
which oath the commissioner or receiver is hereby impowred to admin- 
ister, after which such master may unload, and not before, on pain of 
one hundred pounds to be forfeited and paid by each master that shall 
neglect his duty in this behalf. 
And be it further enacted by the authority aforesaid, 
[Sect. 5.] That all merchants, factors or other persons, importers, 
being owners of or having any of the wines, liquors, goods or merchan- 
dizes consigned to them that by this act are lyable to pay impost or 
duty, shall \y themselves or order make entry thereof in writing under 
their hands, with the said commissioner or receiver, and produce unto 
him the original invoice of all such goods as pay ad valorem, and make 
oath thereto in manner following : — 

You, A. B., do swear that the entry of the goods and merchandizes by you 
now made contains the true value, agreeable to the original invoice herewith 
exhibited, and that, according to your best skill and judgment, is not less 
than the real cost thereof. So help you God. 

— and pay the duty and impost by this act required, before such wines, 
liquors, goods, wares or merchandize be landed or taken out of the ves- 
sel in which the same shall be imported, on pain of forfeiting all such 
wines, liquors, goods, wares or merchandize so landed or taken out of 
the vessel in which the same shall be imported. 

[Sect. 6.] And no wines, liquors, goods, wares or merchandizes 
that by this act are lyable to pay impost or duty, shall be landed on any 
wharlf, or into any warehouse or other place, but in the day-time only, 
and that after sunrise and before sunset, unless in the presence of and 
with the consent of the commissioner or receiver, on pain of forfeiting 
all such wines, liquors, goods, wares and merchandize, and the lighter, 
boat or vessel out of wliich the 'same shall be landed or put into any 
warehouse or other place ; which abovesd. oath the coihissioner or re- 
ceiver is hereby impowred to administer. 

[Sect. 7.] Ancl if any person or persons shall not have and produce 
an invoice of the quantitys of the rum or liquors to him or them con- 
signed, then the case wherein the same is shall be gaged at the charge 
of the importer that the quantity thereof may be known. 

And be it farther enacted by the axitliority aforesaid, 

[Sect. 8.] That every merchant or other person importing any 
wines into this province shall be allowed twelve per cent for leakage, 
provided such wines have not been filled up on board, and tliat every 
hogshead, butt, or pipe of wine that hath two thirds parts thereof leaked 
out shall be accounted for outts, and the merchant or importer to pay no 
duty for the same ; and no master of any ship or vessel shall suffer any 



110 • Peovince Laws.— 1718-19. [Chap. 12.] 

wines to be filled up on board without giving a certificate of the quan- 
tity so filled, under his hand, before the landing thereof, to the comis- 
sioner or receiver of the impost in such port, on pain of forfeiting the 
sum of fifty pounds. . 

[Sect. 9.] And if it be made appear that any wines imported in any 
ship or vessel be decayed at the time of unlading thereof, or in twenty 
days afterwards, oath being made before the commissioner or receiver 
that the same hath not been landed above that time, the dutys and im- 
post paid for such wine shall be repaid unto the importer thereof. 

And be it further enacted by the authority aforesd., 
■ [Sect. 10.] That the master of any ship or vessel importing any 
wines, liquors, goods, wares or merchandize shall be l3^able to and shall 
pay the impost for such and so much thereof contained in his manifest 
as shall not be duly entred, and the duty paid for the same by the per- 
son or persons to whom such wines, liquors,' goods, wares or merchan- 
dizes are or shall be consigned. And it shall and may be lawfull to and 
for the master of every ship or other vessel to secure and detain in his 
hands, at the owner's risque, all such wines, liquors, goods, wares or 
merchandizes imported in such ship or vessel until he shall receive a cer- 
tificate from the commissioner or receiver of the impost that the duty 
for the same is paid, and until he be repaid his necessary charges in se- 
curing the same ; or such master ma}^ deliver such wines, liquors, goods, 
wares or merchandize as are not entred, unto the coinissioner or receiver 
of the impost in such port, or his order, who is hereby impowred and 
directed to receive and keep the same at the owner's risque until the 
impost thereof, with charges, be paid, and then to deliver such wines, 
liquors, goods, wares or merchandize as such master shall direct. 
A7id be it further eyiacted by the authority aforesd., 
[Sect. 11.] That the coinissioner or receiver of the impost in each 
port shall be and hereby is impowred to sue the master of an}' ship or 
vessel for the impost or duty, for so much of the lading of wines, 
liquors, goods, wares and merchandize, imported therein according to 
the manifest by him to be given, upon oath as aforesd., as shall remain 
not entred and the duty or impost thereof not paid ; and where the 
goods, wares or merchandizes are such as that the value thereof is not 
known, whereby the impost to be recovered of the master for the same 
cannot be ascertained, the owner or person to whom such goods, wares 
or merchandizes are or shall be consigned shall be summoned to appear 
as an evidence, at the court where suit for the impost and duty thereof 
shall be brought, and be there required to make oath to the value of 
such goods, wares or merchandizes. 

And be it further enacted by the authority aforesd., 
[Sect. 12.] That the ship or vessel, with her tackle, apparel and 
furniture, the master of which shall make default in anything by this 
act required to be performed by him, shall be lyable to answer and 
make good the sum or sums forfeited by such master according to this 
act, for any such default, as also to make good the impost or duty for 
any wines, liquors, goods, wares or merchandizes not entred as afore- 
sd. ; and upon judgment recovered against such master, the said ship 
or vessel, or so much of the tackle or appurtenances thereof as shall be 
suflScient to satisfy said judgment, may be taken in execution for the 
same ; and the comissioner or receiver of the impost is hereby impowred 
to make seizure of such ship or vessel, and detain the same under seiz- 
ure until judgment be given in any suit to be commenced and prose- 
cuted for any of the said forfeitures or impost, to the intent that if 
judgment be rendred for the prosecutor or informer, such ship or vessel's 
appurces may be exposed for satisfaction thereof as is before provided, 
unless the owners, or some on their behalf, for the releasing of such ship 



[1st Sess.] Province Laws.— 1718-19. Ill 

or vessel from under seizure or restraint, shall give sufficient security to 
the coinissioner or receiver of the impost that seized the same, to re- 
spond and satisfy the sum or value of the forfeiture and dutys, with 
charges, that shall be recovered against the master thereof upon suit to 
be brought for the same as afores'd ; and the master occasioning such 
loss and damage unto his owners thro' his default or neglect shall be 
lyable unto their action for the same. 
And be it further enacted, 

[Sect. 13.] That the naval officer within any of the ports of this 
province shall not clear or give passes to any master of any ship or 
other vessel, outward bound, until he shall be certifj'ed, by the coinis- 
sioner or receiver of the impost, that the dutj^s and impost for the goods 
last imported in such ship or vessel are paid or secured to be paid. 
And the coinissioner or receiver of the impost is hereb}^ impowred to 
allow bills of store to the master of any ship or vessel importing any 
wines or liquors, for such private adventures as shall belong to the 
master and seamen of such ship or other vessel, at the discretion of 
the coiuissioner or receiver, not exceeding three ^ cent of the lading ; 
and dutj's payable by this act, for such wines or liquors, in such bills 
of store mentioned and expressed, shall be abated. 
And be it further enacted by the authority aforesaid, 
[Sect. 14.] That all penaltys and forfeitures accruing or arising by 
virtue of this act, shall be one-half to his majesty for the uses and 
intents for which the aforementioned dutys of impost are granted, and 
the other half to him or them that shall seize, inform and sue for the 
same by action, bill, plaint or information, in any of his majesty's courts 
of record, wherein no essoign, protection or wager of law shall be 
allowed ; the whole charge of prosecution to be taken out of the half 
belonging to the informer. 
And be it further enacted by the authority aforesd., 
[Sect. 15.] That there shall be paid by the master of every ship or 
other vessel coming into any port or ports in this province to trade or 
traffick, whereof all the owners are not belonging to this province, ex- 
cept such vessels as belong to the provinces or colonys of Pensilvania, 
West and East Jersej^, New York, Connecticutt or Rhode Island, every 
voyage such ship or vessel does make, the sum of eighteen pence per 
tun, or one pound of good new gunpowder, for every tun such ship or 
vessel is in burthen (saving for that part which is owned in this prov- 
ince, or any of the aforesd. governments, which is hereby exempted) , 
to be paid unto the commissioner or receiver of the duties of impost, 
and to be imployed for the ends and uses aforesaid. 

[Sect. 16.] And the said commissioner is hereby impowred to ap- 
point a meet and suitable person to repair unto and on board any ship 
or vessel, to take the exact measure or tunnage thereof, in case he shall 
suspect that the register of such ship or vessel doth not express and set 
forth the full burthen of the same ; the charge thereof to be paid by 
the master or owner of such ship or vessel, before she be cleared, in 
case she appear to be of greater burthen, otherwise, to be paid by the 
comissioner out of the moneys received by him for impost, and shall be 
allowed him accordingly by the treasurer in his accompts ; and the naval 
officer shall not clear any vessel until he be also certifyed by the said 
comissioner, that the duty of tunnage for the same is paid, or that it is 
such a vessel for which none is payable, according to this act. 
And be it further enacted by the authority aforesd., 
[Sect. 17.] That there be one fit person, and no more, nominated 
and appointed by this court, as a coiuissioner and receiver of the aforesd. 
dutys of impost and tunnage of shipping, and for the inspection, care 
and management of the said office, and whatsoever relates thereunto ; 



212 Peovince Laws.— 1718-19. [Chap. 13.] 

to receive commission for the same from the governour or commander- 
in-chief for the time being, with authority to substitute and appomt a 
deputy receiver in each port besides that wherein he resides, and to 
grant warrants to such deputy receivers for their said place, and to 
collect and receive the impost and tunnage of shipping aforesd., that 
shall become due within such port, and to render the accompts thereof 
and pay in the same to the said commissioner and receiver ; which said 
commissioner and receiver shall keep fair books of all entrys and dutys 
arising by virtue of this act, also, a particular accompt of every vessel, 
so that the dutys, impost and tunnage arising on the said vessel may 
appear ; and the same to lye open at all seasonable times to the view 
and perusal of the treasurer and receiver-general of this province, or 
any other person or persons whom this court shall appoint, with whom 
he shall account for all collections and payments, and pay in all such 
moneys as shall be in his hands, as the treasurer or receiver shall de- 
mand it. And the said commissioner and receiver, and his deputy and 
deputys, before their entring upon the execution of the said office, shall 
be sworn to deal truly and faithfully therein, and shall attend in the 
office from nine to twelve of the clock in the forenoon, and from two to 
five of the clock afternoon. 

[Sect. 18.] And the said commissioner or receiver, for his labour, 
care and expences in the said office, shall have and receive out of the 
province treasury the sum of seventy pounds per annum; and his 
deputy or deputys to be paid for their service such sum and sums as the 
said commissioner and receiver, with the treasurer, shall agree, upon 
reasonable terms, not exceeding thirty pounds each. And the treasurer 
is hereby ordered, in passing and receiving the said commissioner's ac- 
compt, accordingly to allow the payment of such salary or salarys, as 
aforesd., to himself and his deputy or deputys. 

Provided^ 

[Sect. 19.] That this act shall continue in force from the publica- 
tion thereof until the twenty-ninth da}^ of June, which will be in the 
year of our Lord one thousand seren hundred and nineteen, and no 
longer. [Passed and published June 28. 



CHAPTEE 13. 

AN ACT FOR APPORTIONING AND ASSESSING A TAX OF EIGHT THOUSAND 
TWO HUNDRED AND FIFTY POUNDS UPON POLLS AND ESTATES. 

Whereas, the great and general court or assembl}^ of the province 
of Massachusetts Bay in New England, at their several sessions in the 
years 1712 and 1713, did pass four several grants of taxes on polls and 
estates, as funds and security for the repaj-ment and drawing in several 
sums in the bills of ci-edit on this province, ordered to be imprinted, 
repeated and issued out of the publick treasury for the service of the 
governm' ; that is to say, at their sessions, begun and held the twenty- 
second day of October, 1712,* three thousand pounds ; at their sessions, 
held the eighteenth day of March, 1712,t six thousand pounds ; at their 
sessions, begun and held the twenty-seventh day of May, 1713, | seven 
thousand pounds ; at their sessions, held the fourteenth day of October, 
1713,§ six thousand pounds ; applyed to the ends and uses in the said 
grants particularly enmnerated and expressed : and by the resolves of 
the court that made the aforesaid grants, it was then ordered that the 

* Notes to 1712-13, resolve (6.) + Notes to 1713-14, resolve (a.) 

+ Ibid., resolve (c.) J jud., resolve (6.) 



[1st Sess.] Province Laws.— 1718-19. 113 

said sum of twenty-two thousand pounds should be apportioned, assessed 
andlev^ed on polls and estates, both real and personal, within this prov- 
ince, according to such rules and in such proportion, upon the several 
towns and districts within the same, as shall be agreed on and ordered 
by this court in their present session ; wherefore, for the ordering, di- 
recting and perfecting the said sum of eight thousand two hundred and 
fifty pounds, which, with the sum of thirteen thousand seven hundred 
and fifty po.unds by the duties of impost and tunnage of shipping and 
excise, "together with the income of the bills lent out, and the lighthouse, 
will make the sum of twenty-two thousand pounds, pursuant to the 
funds and grants aforesaid, which is unanimousl}- approved, ratif3ed and 
confirmed, we, his majesty's loyal and dutiful subjects, the representa- 
tives in general court assembled, pray that it be enacted, — 

And be it accordingly enacted by His Excellency the Governoiir, 
Council and Representatives in GenercU Court assembled, and by the 
atdhority of the same, 

[Sect. 1.] That each town or district within this province be as- 
sessed and pay, as such town and district's proportion of the aforesaid 
eight thousand two hundred and fifty pounds, the sum following ; that 
is to say, — 

IN THE COUNTY OF SUFFOLK. 

Boston, one thousand two hundred ninety-eight pounds 

sixteen shillings and fivepence, .... £1,298 16s. 5d. 

Roxbury, ninety-seven pounds ten shillings, . . 97 10 

Dorchester, one hundred thirty -five pounds eighteen 

shillings and fivepence, ...... 135 18 5 

Hingham, ninet3^-nine pounds fourteen shillings and 
fivepence, ........ 99 14 5 

Brantrey, ninety-nine pounds fourteen shillings and 

fivepence, ........ 99 14 5 

Dedham, seventj^-six pounds fourteen shillings and 

elevenpence, . . . . . . . . 76 14 11 

Medfield, fort3'-eight pounds twelve shillings and three- 
pence, 48 12 3 

Medway, twentj^-four pounds thirteen shillings and 
eightpence, ........ 24 13 8 

We^'mouth, sixty-one pounds fourteen shillings and 
sixpence, ........ 

Milton, forty -six pounds eight shillings and fivepence, 

Hull, twent3'-seven pounds two shillings, 

Wrentham, forty-four pounds eighteen shillings and a 
penny, ......... 

Mendon, fift^^-two pounds seven shillings and tenpence, 

Woodstock, forty pounds eighteen shillings eleven- 
pence, 40 18 11 

Brooklin, thirty-three pounds thirteen shillings and two- 
pence, 33 13 2 

Needham, twenty -three pounds four shillings and a 

penny, 23 4 1 

Oxford, five pounds, . . . .•.". . 500 

IN THE COUNTY OF ESSEX. 

Salem, two hundred sixt}'-nine pounds six shillings 
and ninepence, ....... 

Ipswich, two hundred ninety-nine pounds five shil- 
lings, ......... 

Newbury, two hundred thirty-two pounds twelve shil- 
lings and fivepence, 

15 



61 


14 


6 


46 


8 


5 


27 


2 





44 


18 


1 


52 


7 


10 



269 


6 


9 


299 


5 





232 


12 


5 



114 Province Laws.— 1718-19. [Chap. 13.] 

Marblehead, two hundred and six pounds sixteen shil- 
lings and threepence, ...... 

Lj-nu, one hundred and four pounds fifteen shillings 
and fivepence, ........ 

Andovcr, one hundred and seventeen pounds eight shil- 
lings and elevenpence, ...... 

Beverly, one hundred pounds five shillings and three- 
pence, ......... 

Rowl}^, seventy-seven pounds seven shillings and two- 
pence, ......... 

Salisbury, seventy -four pounds fifteen shillings and ten- 
pence 

Haverhill, one hundred pounds three shillings and ten- 
• pence, ......... 

Gloucester, one hundred and twelve pounds four shil- 
lings and tenpence, ....... 

Topsfield, fifty-six pounds seventeen shillings and nine- 
pence, ......... 

Boxford, forty-seven pounds eight shillings and ten- 
pence, ......... 

Aiuesbur}', seventy-one pounds sixteen shillings and 
fivepence, ........ 

Bradford, forty-nine pounds fifteen shillings and eight- 
pence, ......... 

Weuham, fortj'-five pounds twelve shillings and two- 
pence, ......... 

Manchester, fourteen pounds nineteen shillings and 
threepence, ........ 

IN THE COUNTY OF MIDDLESEX. 

Cambridge, seventy -four pounds sixteen shillings and 
fivepence, ........ 

Charlestown, one hundred eighty-four pounds four shil- 
lings and eightpence, ...... 

Watertown, ninety-seven- pounds five shillings and 
fourpence, ........ 

Weston, twenty-nine pounds three shillings. 

Concord, one hundred fourteen pounds eleven shillings 
and sixpence, ........ 

Woburn, one hundred and eight pounds two shillings 
and twopence, ....... 

Reading, seventy-four pounds fifteen shillings, 

Sudbury, eighty-three pounds one shilling and eight- 
pence, . . . 

Marlborough and Westborough, one hundred and two 
pounds two shills., ....... 

Lexington, fift3--five pounds and sixpence, . 

Newtown, sixty-two pounds nine shillings and three- 
pence, ......... 

Maiden, fifty-seven pounds four shillings and tenpence, 

Chelmsford, sixty -five pounds two shillings and three- 
pence, ......... 

Billerica, sixty-eight pounds thirteen shillings and 
threepence, ........ 

Sherburn, forty-four pounds three shillings and three- 
pence, ......... 

Groton, forty-seven pounds nine shillings and four- 
pence,. ......... 



£20G 


IQs.Sd. 


104 


15 


5 


117 


8 


11 


100 


5 


3 


77 


7 


2 


74 


15 


10 


100 


3 


10 


112 


4 


10 


5G 


17 


9' 


47 


8 


10 


71 


16 


5 


49 


15 


8 


45 


12 


2 


14 


19 


3 


74 


16 


5 


184 


4 


8 


97 


. 5 


4 


29 


3 





114 


11 


6 


108 


2 


2 


74 


15 





83 


1 


8 


102 


2 





55 





6 


G2 


9 


3 


57 


4 


10 


C5 


2 


3 


08 


13 


3 


44 


3 


3 


47 


9 


4 



108 


1 


6 


74 


17 


4 


53 


16 


8 


41 


2 


9 


41 


2 


9 


41 


2 


2 


34 





5 



[1st Sess.] Province Laws.— 1718-19. 11/ 

Lancaster, forty-seven pounds nine shillings and five- 
pence, £47 9s. 5d. 

Framingham, fifty-three poinids seventeen shillings and 

fourpence, 53 17 4 

Medford, twenty-six pounds eighteen shillings and 

uinepeuce, ........ 26 18 9 

Stow, thirtv-two pounds eighteen shillings and nine- 
pence, * 32 18 9 

Duiistable, sixteen pounds sixteen shillings and six- 
pence, ......... 16 16 6 

Dracut, thirteen pounds and sixpence, . . . 13 6 

IN THE COUNTY OF HAMPSHIRE. 

Springfield, one hundred and eight pounds one shilling 
and sixpence, ........ 

Northampton, sevent3'-four pounds seventeen shillings 
and fourpence, ....... 

Hadley, fift3'-three pounds sixteen shillings and eight- 
pence, ......... 

Hatfield, forty-one pounds two shillings and ninepence, 

TVestfield, fort3--one pounds two shillings and nine- 
pence, ......... 

Sufflcld, forty-one pounds two shillings and twopence, 

Enfield, thirt3'-four pounds and fivepence, . 

Deerfield, fourteen pounds nineteen shillings and five- 
pence, 14 19 5 

IN THE COUNTY OF PLYMOUTH. 

Pl3'mouth, seventy-eight pounds eighteen shillings and 

sevenpence, ........ 78 18 7 

Ptyniton, forty-seven pounds ten shillings and seven- 
pence, 47 10 7 

Situate, one hundred twenty-eight pounds fourteen 

shillings and eightpence, . . . . . . 128 14 8 

Bridgewater, one hundred and four pounds and six- 
pence, 104 6 

Marshfield, sixt3-ninc pounds one shilling, . . . 69 1 

Pembroolv, tv»"ent3'-nine pounds eighteen shillings and 

ninepence, . . . . . . . . 29 18 9 

Duxbuiy, thirt3'-eight pounds three shillings and six- 
pence, . . 38 3 6 

Middlel^orough, fort3'-seven pounds seventeen shillings 

and fivepence, . . . . . . . . 47 17 5 

Rochester, fort3'-four pounds seventeen shillings and 

eightpence, . . . . . . . . 44 17 8 

Abbington, eleven pounds five shillings and fivepence, 11 5 5 

IN THE COUNTY OF BAPtNSTABLE. 

Barnstable, one hundred and nine pounds nineteen shil- 
lings and sixpence, ....... 109 19 6 

Eastham, sevent3^-seven pounds six shillings and eleven- 
pence, . . . •. 77 6 11 

Truro, thirt3'-five pounds seventeen shillings and nine- 
pence, 35 17 9 

Sandwich, seventy-four pounds sixteen shillings and 

fivepence, 74 16 5 

Yarmouth, sixt3^-eight pounds nine shillings and one 

penny, 68 9 1 



116 



Province Laavs.— 1718-19. [Chap. 13.] 



Harwich, forty-two pounds five sliillings, 

Falmoutli, twenty pounds twelve sliillings and nine- 
pence, ......... 

Chatham, twentj-one pounds thirteen shillings and six- 
pence, ......... 

IN THE COUNTY OF BRISTOL. 

Bristol, sixty-eight pounds one shilling and sixpence, 

Taunton, ninety-two pounds and two shillings, . 

Norton, with the east end of North Purchase, twenty- 
seven pounds fourteen shillings, .... 

Dartmouth, one hundred thirty-three pounds one shil- 
ling and eightpence, ...... 

Dighton, thirty- two pounds eighteen shillings and nine- 
pence, ......... 

Rehoboth, ninety-two pounds and threepence. 

Little Compton, sixty-nine pounds eleven shillings and 
tenpence, ........ 

Swansey and Barrington, eighty-five pounds and seven 
shillings, ........ 

Tiverton, seventy-one pounds twelve shillings and 
threepence, ........ 

Freetown, twenty-seven pounds thirteen shillings and 
fourpence, ........ 

Attleborough, thirtj'-seven pounds eight shillings and 
threepence, ........ 

IN DTJKES COUNTY. 

Edgartown, thirtj^-three pounds six shillings and eight- 
pence, ......... 

Chilmark, thirty-three pounds six shillings and eight- 
pence, ......... 

Tisbury, thirteen pounds sixteen shillings and two- 
pence, ......... 



£42 5s. Od. 

20 12 9 

21 13 6 

68 1 6 
92 2 

27 14 

133 1 8 

32 18 9 
92 3 

69 11 10 
85 7 
71 12 3 

27 13 4 

37 8 3 

33 6 8 
33 6 8 
13 16 2 



IN THE COUNTY OF YORK. 

York, forty-four pounds seventeen shillings and nine 
pence, ........ 

Kitter}^, fifty-six pounds two shillings and fivepence, 
Berwick, thirty-one pounds and sixpence, . 
Wells, twenty-six pounds and twopence, 

Nantucket, one hundred forty-eight pounds sixteer 
shillings and a penny, ..... 



44 17 9 

56 2 5 

31 6 

26 2 



148 16 1 



And be it further enacted by the authority aforesaid , 
[Sect. 2.] That the treasurer do forthwith send out his warrants, 
directed to the selectmen or assessors of each town or district within 
this province, requiring them respective^ to assess the sura hereby set 
upon such town and district, in manner following ; that is to say, to 
assess all ratable male poles, above the age of sixteen years, at three 
shillings and ninepence the poll (except the governonr and lientenant- 
governoar and their families, the president, fellows and students of 
Harvard College, setled ministers and grammar-scliool masters, who are 
hereby exempted, as well from being taxed for their polls as fur their 
estates, being in their own hand, and under their actual management 
and improvement) ; and other persons (if such there be) , who thio' age, 
infirmity or extream poverty, in the judgment of the assessors, cse not 



[1st Sess.] Province Laws. — 1718-19. 117 

capable to pay towards publick charges, they may except their polls 
and so much of their estates as in their prudence they shall think fit 
and judge meet ; and all estates, both real and personal, lying within 
the limits and bounds of such town or district, or next unto the same, 
not paying elsewhere, in whose hand, tenure, occupation or possession 
soever the same is or shall be found, and income by any trade or faculty, 
which any person or persons (except as before excepted) do or shall 
exercise in gaining by monies or other estate, not particularly otherwise 
assessed, or commissions of profit in their improvement, according to 
their understanding and cunning, at one peny on the pound ; and to 
abate or multiply the same, if need be, so as to make up the sum hereby 
set and ordered for such town or district to pay ; and in making their 
assessment, to estimate houses and lands at six years' income of the 
yearly rents whereat the}^ may be reasonably set or let for in the places 
where they lye (saving all contracts betwixt landlord and tenant ; and 
where no such contract is, the landlord to reimburse one-half of the tax 
set upon such houses and lands) ; and to estimate Indian, negro and 
molatto servants proportionably as other personal estate, according to 
their sound judgment and discretion ; as also to estimate every ox of 
four years old'and upwards, at forty shillings ; every cow of three j^ears 
old and upwards, at thirty shillings ; every horse and mare of three 
years old and upwards, at fort}' shillings ; every swine of one year old 
and upward, at eight shillings ; every sheep and goat of one year old 
and upwards, at four shillings ; likewise requiring the assessors to make 
a fair list of the said assessment, setting forth in distinct columns against 
each particular person's name, how much he or she is assessed at for 
polls, and how much for houses and lands, and how much for personal 
estate and income by trade or faculty. 

[Sect. 3.] And the list or lists so perfected and signed by them, or 
the major part of them, to commit to the collectors, constable or con- 
stables of such town or district, and to return a certificate of the name 
or names of such collector, constable or constables, together Avith the 
sum total to each of them respectively committed, unto himself, some- 
time before the last day of September next. 

[Sect. 4.] And the treasurer, for the time being, upon the receipt 
of such certificate, is hereby impowred and ordered to issue forth his 
warrants to the collectors, constable or constables of such town or dis- 
tricts, requiring him or them, respectively, to collect the whole of each 
respective sum assessed on each particular person, before the last day of 
March next ; and of the inhabitants of the town of Boston, to collect 
their proportion sometime in the month of January aforegoing ; and to 
pay in their collections and issue the accompts of the whole, at or be- 
fore the last day of May next, which will be in the year of our Lord one 
thousand seven hundred and nineteen. 

And be it further enacted by tJie autJwrity aforesaid, 

[Sect. 5.] That the assessors of each town and district, respec- 
tivel}', in convenient time before their making the assessment, shall 
give seasonable warning to the inhabitants in a town meeting, or by 
posting up notifications in some place or places in such town or district, 
or otherwise to notify the inhabitants to give or bring in to the said 
assessors true and perfect lists of their polls and rateable estate ; and 
if any person or persons shall neglect or refuse so to do, or bring in a 
false list, it shall be lawful to and for the assessors to assess such per- 
son or persons, according to their known ability within such town, in 
their sound judgment and discretion, their due proportion to this tax, 
as near as they can, according to the rules herein given, under the pen- 
alty of twenty shillings for each person that shall be convicted by legal 
proof, in the judgment of the assessors, of bringing in a false bill : the 



118 Province Laws.— 1718-19. [Chap. 13. J 

said fine to be for the use of the poor of such town or district where the 
delinquent liA-es ; to be levyed by warrant from the assessors, directed 
to the collector or constable in manner as is directed for gathering of 
town assessments, and to be paid in to the town treasurer or selectmen 
for the use aforesaid : saving to the party agrieved at the judgment of 
the assessors in setting such fine, liberty of appeal therefrom to the 
court of general sessions of the peace, within the county, for relief, as 
in case of being overrated. 

[Sect. 6.] And if the party be not convicted of any falseness in 
the list by him presented of polls, rateable estate, and income by au}^ 
trade or faculty which he doth or shall exercise in gaining, by nione}^ 
or other estate not particularly otherwise assessed, such list shall be a 
rule for such person's proportion to the tax, which the assessors may 
not exceed. IFassed July 5. 



[2d Sess.] Province Laws.— 1718-19. 119 



ACTS 

Passed at the Session begun and held at Boston, 
ON THE Twenty-ninth day of October, A.D. 17 i8. 



CHAPTEE 11. 

AN ACT FOR THE PREVENTING OF PERSONS UNDER AGE, APPRENTICES 
OR SERVANTS, BEING TRANSPORTED OUT OF THE PROVINCE WITPIOUT 
THE CONSENT OF THEIR MASTERS, PARENTS OR GUARDIANS. 

"Whereas it has been complained of, that persons nnder age, appren- I694.5, chap. 23. 
tices and servants, within this province, do oftentimes get on hoard the 
outward bound vessels, and are there entertained by the masters or 
mariners, and actually transported to some parts beyond the seas, not 
only to the great loss and injury of their respective masters, &c., but 
also to the damage of the province, — 

Be it therefore enacted hy His Excellency the Governour, Council and 
Representatives in General Court assembled, and hy the authority of the 
same, 

That ever}'^ master of any outward bound ship or vessel that shall Masters of ships 
hereafter carry or transport out of this province any person under age, ","y fe°crvaiits*or 
or bought or hired servant or apprentice, to any parts beyond the seas, «o"s uudcr age. 
without the consent of such, master, parent or guardian, signified in 
writing, shall forfeit the sum of fifty pounds ; the one-half to and for Penalty, fifty 
the use of the province, the other half to and for the use of him that ^""" "' 
shall inform or sue for the same ; and be further liable to an action in 
the law, at the suit of the parent, master or owner of such transported 
person, for any damages sustained by him or them. \_Passed Novem- 
ber 15 y published December 6. 



CHAPTER 15. 

AN ACT FOR THE EASE OF PRISONERS FOR DEBT. 

Forasmuch as, in diverse counties within this province, the prisons See 1705 6, 
are so small that, when there are any number of prisoners, there are "^ *^" 
not rooms or apartments sufficient for the receiving and securing of 
them, without lodging felons and other criminals and prisoners for debt 
together in one and the same room, which ought not to bo, — 

Be it therefore declared and enacted by His Excellency the Governo^ir, 
Council and Representatives in General Court assembled, and by the 
authority of the same, 

[Sect. 1.] That in the several counties within this province the Prisons to have 
prisons that are or shall be erected within the said counties, shall be prisoner" fo?'" 
made so large as that there may and shall be sufficient and convenient debt. 
apartments for the receiving and lodging prisoners for debt separate 
and distinct from felons and other criminals. 



120 



Province Laws.— 1718-19. [Chap. 16.] 



Prisoners for 
debt allowed 
to lodge in the 
prison-keeper's 
house, &c. 



Recognizance. 



Upon prisoner's 
escape, bond to 
be assigned to 
the creditor. 



Proviso. 



And be it further enacted by the authority aforesaid, 
[Sect. 2.] That any person imprisoned for debt, either upon mean 
process or execution, shall be permitted and allowed to have a cham- 
ber and lodging in any of the housing or apartments belonging to such 
prison, and liberty of the }■ ard within the same in the daj'-time, but 
not to pass without the limits of the prison, upon reasonable payment 
to be made for chamber-room, not exceeding one shilling and sixpence 
per week, such prisoner giving bond to the sheriff [e] with two sufficient 
sureties, being freeholders, bound jointly and severally in double the 
sum for which he is imprisoned, with condition under-written in form 
following ; viz., — 

That if the above-bounden A. B., now pi-isoner in his majest[t/'] [ie]s prison 
in B., within the county of S., at the suit of C. D., do and shall from henceforth 
be and continue a true prisoner iu the custody, guard and safe keeping of 
J. S., keejier of the same prison, and in tlie custod}'^, guard and safe keeping 
of his deputy, oflScers and servants, or some or one of them within the limits 
of the said prison, until he shall be lawfully discharged, without committing 
any manner of escape or escapes during the lime of his restraint ; then this 
present obligation to be void, or else to abide in full force and vertue. 

[Sect. 3.] And in case of an escape, the whole penalty of such bond, 
without chancery, shall be to and for the use of the creditor, and shall 
be transferred and assigned over to the creditor, by the sheritf, with full 
power to enable him to put the same in suit, and recover the sum therein 
expressed ; and the sheriff delivering up such bond to the creditor so 
assigned, as aforesaid, shall not be liable to any action of escape for any 
prisoner enlarged upon security given iu manner as aforesaid. 

Provided alwa\^y^[ie^s, 

[Sect. 4.] That the sureties be approved as sufficient by the jus- 
tices of that court before whom the cause upon such commitment is to 
be tryed, or from whence execution issued, or an}^ two of them, or by 
two justices of the county, quorum unus, where the debtor is imprisoned, 
and no other sureties to be accepted ; and, — 

[Sect. 5.] That this act shall continue and be in force until the 
expiration of three 3'ears from the publication hereof, and no longer. 
\_Passed November 19 ; published December 6. 



CHAPTER 16. 



1692.3, chap. 49. 



Itnm and molas- 
ses casks to be 
gauged mathe- 
matically. 



AN ACT FOR PREVENTING DECEIT IN THE GAGE OF CASK. 

Whereas his majesty's good subjects within this province are greatly 
prejudiced in the make and measure of their cask, and particularly those 
of rhum and molasses ; inasmuch as the hogsheads and cask which ought 
to answer the gage by the rod, have been proved, and upon tryal in 
their drawing off, there hath been wanting seven or eight gallons, and 
sometimes more, in an hogshead, which persons are obliged to pay for 
more than they really receive ; for remedy whereof, — 

Be it enacted by His Excellency the Governour, Council and Represen- 
tatives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That all rhum and molasses, in cask of all sorts, from a 
barrel and upwards, that shall be exposed to sale, be mathematically 
gaged by Gunter scale, and the quantity said cask can contain, being 
full, to be set and marked on one head by the gager, with a marking 
iron ; and the said gager shall demand and receive of the owner or own- 
ers of such rhum or molasses, sixpence for every cask by him gaged, as 
aforesaid, and no more. 



1 



[2d Sess.] Province Laws.— 1718-19. 121' 

And be it further enacted, 

[Sect. 2.] That the justices of the peace, at their first general quar- Quarter ses. 
ter sessions after the publication of this act, to be holden in each respec- gaugers.*^ '^°^^ 
tive county in this province, and afterwards, j^early, shall in ever}- town 
needful thereof, choose and appoint a fit person or persons to be gager 
or o-aoers ; and also swear them to the due execution of their olBce ; 
which form of oath hereunder-written is hereby established to be given 
and administr'd unto the said gager or gagers as followeth ; viz., — 

You, A. B., being appointed a gager according to law, do swear that you Ganger's oath, 
will from time to lime diligently and faithfully discharge and execute the 
office of a gager, Avithin the limits Avhereto jou are appointed, for the ensuing 
vear, and until another be chosen and sworn in your place ; and that by and 
in all the particulars mentioned in the law Avhereto your office liath relation, 
you will do therein impartially without fear or favour. So help you God. 

[Sect. 3.] And every person or persons who shall presume to sell Penalty for sen 
any rhum or molasses any otherwise than by being gaged, as this act Inf gaueed*^ &c 
directs, and having the gager's mark upon it, shall forfeit and pay for 
every cask b}^ him or them sold contrary to the true intent and mean- 
ing of this act, the sum of five pounds ; one-half to the poor of the town 
where the offence is committed, and the other half to the informer who 
shall inform or sue for the same before any of his majesty's justices of 
the peace, or in any of his majesty's courts of record within this prov- 
ince ; any law, usage or custom to the contrary notwithstanding. 

Provided, 

[Sect. 4.] That this act take place from and after the first day of Limitation. 
April next, and continue in force until the sessions of this court in May, 
one thousand seven hundred and twenty-two, and no longer. [^Passed 
December 4. 



CHAPTER 17. 



AN ACT PROHIBITING THE BILLS OF CREDIT ON THIS PROVINCE, SIGNED 
BY THREE HANDS ONLY, TO PASS FROM MAN TO MAN, OR HAVE ANY 
FURTHER CURRENCY, AFTER THE TIME HEREIN LIMITED. 

Whereas, notwithstanding the law made at a session of this court in 1717.18, chap. 
February last past, for calling in of province bills of credit outstanding, ^^• 
of former plates, signed by three hands only, it appears by the treas- 
urer's books there are j^et outstanding at least fifteen thousand pounds 
in such bills ; and forasmuch as this court at their present session have 
ordered that the sum of fifteen thousand pounds in bills of credit be 
forthwith made and put into the treasurer's hands, for exchanging the 
said bills signed by three hands onl}-, — 

Be it therefore enacted by His Excellency the Governour, Council and 
Representatives in General Court assembled, and by the authority of the 
same, 

[Sect. 1.] That from and after the first day of April next ensuing, Bills with three 
no person presume in any private payment to put oflT or pa}^ any of the Jass^L^pdv^ate 
said bills signed by three hands only. payments after 

And as a further expedient for bringing in the said bills, signed as '^''^'^^-^P"^- 
aforesaid, by three hands only, — 
16 



122 



Province Laws.— 1718-19. [Chaps. 18, 19.] 



Treasurer to re- [Sect. 2.] The treasurer is bereb}^ directed and impowered to receive 
three bancirilf i^ ^11 sucli bills, provided they are not counterfeit, of and from the trus- 
pubiicpay. tees for the loan of the fifty thousand pounds, and from the connnission- 
enaof May 6*es. ers for the loan of the hundred thousand pounds, in the respective coun- 
"°"- ties, and from the commissioner of impost, and from the commissioners 

of the excise, and of all constables and other receivers subordinate to 
him ; provided such payments be made at anj^ time before the end of 
the sessions of this court in May next ; any law, usage or custom to 
the contrary notwithstanding. [Passed December 3 ; xyuUished Decem- 
ber 6. 



CHAPTER 18. 



1715.16, chap. 
21. 



AN ACT FOR THE FURTHER CONTINUING AN ACT ENTITULED " AN ACT 
TO PREVENT THE UNNECESSARY JOURNEYING OF REPRESENTA- 
TIVES," MADE IN THE SECOND YEAR OF THE REIGN OF KING GEORGE. 

Be it enacted by His Excellency the Governour, Coiincil and Represen- 
tatives in General Court assembled, and by the authority of the same, 

That the said act, and all 'and singular the paragraphs, clauses, arti- 
cles, directions and powers therein contained, be, and hereby are re- 
enacted and directed to abide and remain in force, and accordingly to 
be exercised, practiced and put in execution until the twentieth day of 
November, anno Domini one thousand seven hundred twenty and one, 
and no longer ; any law, usage or custom to the contrary notwithstand- 
ing. \_Passed November 7 ; published December 6. 



CHAPTER 19. 



AN ACT FOR CONSTITUTING A SPECIAL COURT OF OYER AND TERMINER 
IN [IN] AND FOR THE COUNTY OF HAMPSHIRE. 

Whereas one Ovid, alias Obed, Euchbrock, labourer, a prisoner in 
the common goal for said county, stands charged with counterfeiting 
the public bills of credit of this province and the colon}' of Connecticutt, 
1717-18, chap. 8. and to be tryed for the said fact at the next court of assize and general 
goal deliveiy to be holden in and for the said county ; but forasmuch as 
it is now more than nine months before the said court of assize, &c., 
will sit in the said county, according to its time stated by law, and a 
gi-eat charge may probably arise to the said county in keeping the said 
Euchbrock so long in prison, — 

Be it therefore enacted by His Excellency the Governour, Council and 
JRepresentatives in Genercd Court assembled, and by the authority of the 
same, 

[Sect. 1.] That there shall be a special court of oyer and tei miner 
holden at North Hampton, in and for said county, for the tryal of the 
said Ovid, alias Obed, Eochbrock, referring to his counterfeiting the 
public bills of credit as aforesaid, on the third Tuesday of December 
next, before such judges or justices as his excellency the governour, and 
council, shall appoint ; the clerk of the peace of the said county of 
Hampshire to be the clerk of the said special court of oyer and termi- 
ner, and accordingly to cause venires to be issued forth for the summon- 
ing of jurors for such court out of the several towns as usual for the 
stated court ; and the justices so appointed are to do what else shall be 
requisite to be had for said tryal, according to the power grautad to the 



[2d Sess.] Province Laws.— 1718-19. 123 

justices of assize and general goal deliveiy, in and by the act for estab- 
lishing a superiour court of judicature, court of assize and general goal 
deliver}'. 

And whereas there was a bill of indictment found against the said pris- 
oner at the court of assize, &c., held at Springfield, for the said county, 
on the third Tuesday of September last, for counterfeiting the public 
bills of credit, as aforesaid, and filed with the clerk of the said court, — 

[Sect. 2.] The clerk of the superiour court is hereby directed to 
transmit the original bill of indictment against the said prisoner to the 
court to be appointed by this act, and the said Ovid, alias Obed, Ruch- 
brock to be arraigned and tr^-ed upon the said bill of indictment already 
found against him ; any law, usage or custom to the contrary notwith- 
standing. \_Passed November 2? ; puhlished December 6. 

Notes. — There were three sessions of the General Court this year; bnt no acts were 
passed at the third session, wliicli began March 11, 1718-19, and was prorogued, the next 
day, to April 22, but dissolved, liy proclamation, April 11, 1719. 

The engrossments of all the acts of this year are preserved, except of chapters 3, 13 and 
16; and all were included in the printed sessions acts, except chapters 12, 13 and 19: one 
of these, at least — chapter 13 — was printed separately. 

The following arc the titles of the private acts passed this year: — 

"An Act for the lleviving a Bill tiled liy Richard and Hophsibah Coomes in His Majes- 
ty's Superiour Court of Juilicatiire &™ for their Right or Equity of Redemption of a Mort- 
gage made liy Joseph Newell their Father, of his Farm and Land in Roxbnry in the County 
oflsutTolk to Florence Macrarty late of Boston, Victualler, deceased." — [Passed June 19. 

"An Act to enable Tlioiuns llarvy of Taunton in the County of Bristol, Yeoman, to bring 
forward his Appeal at the Superiour Court next to be holden at Bristol, within and for the 
County of Bristol from a Judgement of the Inferiour Court of Common Pleas held at Bris- 
tol the second Tuesday of April 1717, in a Plea of Trespass originally conunenced by John 
Godfrey and Joanna liis Wife against James Paul." — [Passed June 25. 

"AixAct to enable Samuel Fish of Falmouth in the County of Barnstable to file Reasons 
of Api*al anew and prosecute his appeal to the Superiour Court of Judicature Court of 
Assize and General Goal Delivery next to be hoklcn at Plymouth for the Counties of 
Plymouth, Barnstable &''■'' In a Cause between the said Samuel Fish appellant and our 
Sovereign Lord the King Appellee." — [Passed June 28. 

"An Act to Enable Richard Carr & James Carr of Newbury to bring forward their Ap- 
peal at the Superiour Court next to be holden at Salem within and for the County of Essex 
from a Judgement of the Inferiour Court of Common Pleas held at Newbury for the county 
of Essex on the last tucsday in September 1717, in an Action of Trespass upon the Case 
commenced against Edward Sergeant of Newl)ury." — [Passed June 28. 

"An Act to enable Mary Evans, Wife of Jonathan Evans late of Boston now of Fya 
Merchant, to mortgage part of Her Estate in Housing & Land which appertain and belong 
unto her in right of her Father Rob' Bronsdon late of said Boston, Merchant, deceased." 
-—[Passed July 3. 

"An Act to Enable Joseph Buckminster, Benjamin Bridges and Jonas Eaton in Behalf 
of the Town of Framingham to liring forward an Appeal which failed through a Defect in 
Reasons of Appeal tiled l)y the said Joseph Buckminster, Benjamin Bridges & Jonas Eaton 
in Behalf of the said Town." — [Passed November 14. 

Precisely when the acts of the first session were first laid befoi-e the Board of Trade does 
not appear from the copies obtained at the Pu1)lic Record Office. Chapter 12 was consid- 
ered by the Board as early as March 6, 1718-19, and was disallowed as shown in the note 
to that chapter, jwst. On the 23d of April, following, all the acts of the first session, except 
chapter 12, were transmitted, by the Secretary of the Board, to Mr. West, for his opinion 
thereon. jSIr. V/est prepared liis report June 2, 1719, oltjecting to chapter 10, as sho\vn in 
the note to that chapter, post. Three days later, Mr. West being present, his report was 
read and the Board took into consideration all but chapter 12 of the first session, when 
chapters 1, 2, 3, 4, 5, 6, 7, 8, 11 and 13 were marked, " To lye by. No objection." Chapter 
9 was marked "To be confirmed" and chapter 10 "To be repealed"; and draughts of 
representations were ordered to be prepared accordingly. The next action of the'Board 
upon the acts of this year appears to have been the consideration of chapter 4, beginning 
with the petition of Samuel Baker and others, presented to the Board April 2-5, 1721, as 
shown in the note to that chapter, post. Chapters 1, 2, 3, .5, 6 and 9 were again sent to Mr. 
West Oct. 15, 1724, together with chapters 14 and 15, passed at the second session. Mr. 
West made his report May 20, 1725, making no allusion therein to any act of this year ex- 
cept chapter 15. His objection to this last-named act is shown in the note to that chapter 
hereunder given. 

Chap. 4. The following correspondence is deemed sufficiently interesting to warrant its 
insertion entire. The same course has been pursued with regard to the action of the home 
government upon chapter 12, 2}ost. 

"Whitehall. Tuesday April 25* 1721. 

*********** 

Mf Samuel Baker and M-- Samuel Storke Avith M-- Archibald Cummings attending, pre- 
sented to the Board a Petition in behalf of themselves and sev' other merchants trading to 
New England, praying That an Act pass'd in y Province of the Massachusets Bay in 1718, 
Intituled An Act for the better rexjxdatimj the culling of Fish, may be repeal'd, which peti- 



124 Province Laws.— 1718-19. [Notes.] 

tion was read— And these Gentlemen being ask'd several Qnestions on this subject, M' 
Cumniinffs particularly said, it was a great imposition on the Merchant to restrain the pur- 
chasers troiu culling their own fish That they have always had y« liberty of donig it at 
Newfoundland. Ami in the Province of the Massachusets Bay before this Act (in deal- 
ings for lish) a Culler was chosen as well liy the Buyer as Seller and no Pcna ty on any 
Merchant or other Person for culling the lish they bought. It was further allo^ Ig .1 that the 
Cullers of Fish in the Massachusetts Bay were Fishermen or the Dependants upon them, 
and this Act obtain'd by their influence. The Petitioners being further ask d whether ap- 
plication was not made in the Country against the said Act and why they had not sooner 
complain'd of it here, the Act having been pass'd near three years and near excluding his 
Majesty's Repeal without the consent of the Assembly, according to the Massachusetts 
Charter They said, there would be no probability of redi-ess in the Massachusets Bay; 
And tho' it was a Grievance known 1)y many Merchants here for some time, it was so gen- 
eral, that particular persons had not taken upon to apply against it, and they hop d it 
would not now be too late to repeal it. , • . , i . * , *i, ■ i » * , 

The Petitioners were then acttuainted, that the Board intended to take the said Act and 
their Pet" into further consideration on Tliursday morning next ; And notice was order'd 
to be "ivcn to M-- Dummer, Agent for the Province of the Massachusets Bay, to attend at 
the same time. Westmoreland " 

—Public Record Office: " Trade-papers ( Journals)," vol. 25, p.m. 
" Whitehall. Thursday, April 27. 1721. 

At a Meetino- &<: M' Storke, M^ Cummings & other Merchants who signed the Memorial 
read the 25"' Instant, against an Act pass'd in the Province of the Massachusetts Bay in 
1718, Intituled An Act for the better regulating the culling of Fish, attending, as also M' 
Dummer, Agent for that Province, the said Act was read and M' Dummer being acquainted 
with the substance of the said Memorial, he was ask'd what he had to offer in favour of the 
Act; Whereupon he said, he had not seen it before but observ'd that the Cullers are there- 
by under the obligation of an Oath for the faithful and impartial performance of their duty 
—That there is the like inspection for Pitch, Tar, Turpentine and several other Commodi- 
ties, All which were intended to advance ye Credit of y" Commodity ; But that Fishermen 
at New England, who are of the poorer people entering into Articles with Merchants for 
quantities of fish, it might sometimes be impossible for those Fishermen to comply with 
their Articles if the Cullers were too nice— To which M-- Storke answered, that y" Persons 
who sell the Fish are some of y" Richest and greatest Traders, and procure their servants 
to be appointed Cullers— That these Cullers have not perform'd their Duty impartially— 
And he produc'd two letters from his Correspondents at Oporto and Alicant, complaining 
of yo badness of some Cargoes of Fish from New England. Whereupon M-^ Dummer re- 
ply'd that sometimes when there were great demands for fish at New England, the Masters 
& others who came to buy, would bid one upon another and take Fish not altogether so 
good ; And if merchantable Fish were not loaden in proper weather, it would spoil ; — And 
Col. Taylor, one of the Council of y« Massachusets Bay being present, was ask'd several 
Questions conceraing the said Act, particularly whether he thought the Merchants had not 
sufier'd, as they complain, to which he answered that the Act was never designed to allow 
any bad fish to* pass for Merchantable tho' he believed it had not been so well put in exe- 
cution but that some Merchants may have suffer'd by that Neglect. 

These Gentlemen being withdrawn. Directions were given for preparing the Draught of a. 
Representation to His Majesty, in order to the Repeal of the said Act, * * * * 
— Ibid., p. 105. Westmoreland " 

"Whitehall, Wednesday May S* 1721 

At a Meeting &<^ The Draught of a Representation, directed the 27"' of the last Month to 
be prepared, in order to the Repeal of an Act passed in the Province of the Massachusetts 
Bay in 1718, Intituled An Act for the better regulating the Culling of Fish, was agreed & 
ordered to be transcrib'd." — Ibid., p. 118. 

"Representation to the King upon an Act pass'd in the Mass : Bay in 1718. 4 May, 1721. 
To the King's most Excellent Majesty 

May it please Your Majesty An Act having been pass'd in Your Majesty's Province of 
the Massachusetts Bay in the year 1718 entituled An Act for the better regulating the cull- 
ing of Fish whereby a suitable number of persons are appointed to be annually chosen in 
every Sea Port Town or Place within that Province where Fish is made & cured and a 
Penalty laid on all persons who shall presume to cull Fish there without being chosen and 
sworn according to the said Act, as likewise a Penalt}' on such as shall presume to ship off 
any Merchantable Fish whatsoever without being first survcy'd or cull'd by a sworn Culler 
or such person as shall be agreed upon by the Buyer and Seller of Fish under the like Oath 
& Restrictions in that Case only where the said sworn Cullers cannot l)e obtain'd ; We have 
consider'd the same as likewise a Petition from several Merchants trading to New England 
complaining that their Factors are obliged by the said Act to accept of such,.Fish as are 
not tit for their pui-pose And that the sdCullers of Fish being either concerned in the Fish- 
ery themselves or dependent on the Merchants who sell the Fish, arc very partiall, tho' 
under the obligation of an Oath to act indifferently between the Buyers and Sellers, And 
the Petitioners having further produced to us letters from their Correspondents at Oporto 
& Alicant complaining of the badness of Fish sent thither from New England since the 
passing the said Act; and being further informed by Merchants tradeing to New England 
& others who attended us on this occasion that before the passing of this Act it was the 
practise for the buyer & seller of Fish to choose each of them a Culler, We are of opinion 
the said practice is not liable to any objection and therefore humbly offer that Your Maj- 
esty be graciously pleased to signify your disapprobation and disallowance of the said 
Act Which is most humbly submitted Westmoreland 

J. Chetwynd 

P. DOCMINIQUB 

„, D. Pulteney 

Whitehall May 4th 1721, -^ Ashe " 

— "iV, £., Board of Trade : " Pub. Rec. Office, vol. 38, p. 324. 



1 



[Notes.] Province Laws. — 1718-19. 125 

"Order in Council repealing an Act passed in the Massach: Bay in 1721. 7 May, 1721. 

At the Court at St. James' the 7"' day of May 1721. Present The King's most Excell* 
Maj'y in Councill. 

Whereas by Commission under the Great Scale of Great Brittaine, the Govemour, Coun- 
cill and Assembly of His Majesty's Province of the Massachusetts Bay are authorized and 
inipowercd to make constitute and ordainc Laws, Statutes and Ordinances for the Publick • 
Peace, WcUfare and good Government of the said Province, which Laws, Statutes and Or- 
dinances are to be, as near as may be conveniently, agreeable to the Laws and Statutes of 
this Kingdom and are to be transmitted to His Majesty for His Royall approbation or dis- 
allowance And Whereas in pursuance of the said Powers an Act was pass'd in the said 
Province of Massachusetts Bay in the year 1718, cntituled An Act for the better regulatinq 
the cidliny of Fish Which Act having been perused and considered by the Right Hon^^'e 
the Lords Commissioners for Trade and Plantations, and by them represented to this 
Board with their humble opinion that the same ought to be repealed. His Majesty is this 
day pleased, with the advice of His Privy Councill to declare his disallowance and disap- 
probation of the said Act, and pursuant to His Majesty's Royal pleasure thereupon, the 
said Act is hereby repealed and declared void and of none efiect. 

A true Copy Robert Hales " 

[Indorsed] Reed 2nd June Read 8'i> D° 1721. 
—Ibid., vol. 13, X., 15. 

"Whitehall, Thursday June 8* 1721. 

At a Meeting &<= The undermentioned Orders of Council were severally read, viz' 
*.* * * * * * * * « * 

Copy oif an Order of Council of 7"' May 1721, for repealing an Act of the Massachusets 
Bay pass'd in 1718, /or the better regulating the Culling of Fish. 

*********** 

And Directions were given for noting upon the List of Acts of the Massachusets Bay and 
Barbados, the repeal of the respective Acts abovementioned." 
->-Piib. Rec. Office: " Trade-papers ( Journals)," vol. 25, p. 167. 

Chap. 5. See note to chapter S,post. 

" Novem'- 30. 1720. A Petition of James Ivers & sundry others. Rope Makers in the 
ToAvn of Boston, Shewingthat whereas the Government have given a very generous Bounty 
to encourage the Raising of Hemp within this Province, The Hemp is, notwithstanding the 
said Reward, much worse than formerly. And the Labourer has received his Premium for 
his Hemp & then carried it out of Town & brought it again and so received a double Pre- 
mium for the same Hemp, And therefore Praying that 'the Persons that receive a Bounty 
for Hemp may be obliged to repair to a certain Standard Avhere the Hemp shall be proved. 

In the House of Represent' ^^ Voted that the Head of Hemp herewith sent up be a Stand- 
ard by which the Surveyours of Hemp regulate themselves. So as not to Certify any Hemp 
for the Premium of the Law, that is not so well cleansed & Manufactured 

In Council ; Read & Concur'd :— Consented to, Samli- Shute." 

— Council Records, vol. XL, p. 86. 

Chap. 7. In the preamble to this chapter, as printed in the sessions acts, the words from 
"That the commissioners," in the first line, to* " for the time being," in the fifth line, are 
embraced m marks of quotation ; but no such marks appear in the engrossment of the act. 
The act retcixed to provides, substantially, as stated in this preamble, but not in the pre- 
cise words here given. 

Chap. 8. " June 2, 1718. A Committee having been appointed by the Govemour & 
Councd to consider of some fit Expedients for the Raising the Value of the Bills of Credit 
of this Provmce & Recovering the Trade out of its present Decay, reported the following 
Expedients ." i. o 

Fu:st, That Credit in Trade be limited 

Secondly, That the following Clause in the Act for Emitting One Hundred Thousand 
Pounds be repealed; Viz., That the Commissioners when they shall receive the Whole or 
any Part of the Principal Sums before the Time of ten Years be expired, they shall let out 
the same again. 

Thirdly, That the Exportation of Silver and Gold be prohibited. 

Fourthly, That the Importation of White Serv^ants be encouraged & that the Importation 
01 Black Servants be discouraged. 

5. That the Preservation &"lncrease of the Stocks of Sheep be encouraged. 

Sixthly, That further Encouragem' be given to the raising Hemp & Flax. 

In Council Redd."— Council Records, vol. X., p. 259. 

.1 " i",*?*^ h IP^- '^''^^ Report of the Committee of the Council for Raising the Value of 
the Bills of Credit &c. As Enter'd June 2. 1718. 

In the House of Representatives, Read & the several Articles thereof being distinctly 
considered Ordered that Coll. Edward Hutchinson, Major John Stoddard, M"- Thomas 
Turner, Cpt, John Cawley, Sam" Porter & Cha. Chambers Esq" & Coll. William Dudley 
with such as the Hon'^'e Board shall appoint be a Committee to whom the Consideration of 
all the said Articles Except the second is refer'd That they report their Opinion what is 
proper for this Court to do therein & offer such other Expedients as they shall apprehend 
will advance the Ends proposed. In Council Read."— /6/r/., p. 262. 

"June 5. 1718. An Order of the House of Representatives on the Report of the Com- 
mittee appointed to consider of Expedients for Raising the Value of the Bills of Credit &c. 
As Enter'd Yesterday. 

In Council Read &" Voted that the following Clause be added to the second Article, Viz., 
And V oted that a Message go down from the Board by Addington Davenport, Thomas 
iiutchmson, Thomas Fitch, Edmund Quiney, Jonathan Belcher & Paul Dudley Esq" with 



126 Peovince Laws. — 1718-19. [Notes.] 

a Motion that now the second Article be Accepted & committed to the Comtoo of both 
Houses for their Consideration." — Ibid., p. 263. 

" June 5. 1718. Report of the Committee for Raising the Value of the Bills of Credit &c. 
with an additional Clause in the second Article, Voted this Day in Council ; 

In the House of Representatives Read & Concur'd." — Ibid., p. 266. 

" Dec. 3. 1718. In the House of Representatives ; Ordered tliat the Accompts of the Com- 
missioners for Letting out tlie Hundred Thousand Pounds Loan of Bills of Credit tliat are 
laid before this Court be refer'd to a further Inspection & Consideration at their Sessions in 
May next, and that the Commissioners for the Counties of Hampshire & Yorkshire that have 
neglected their Duty & and have not exhibited their Accompts, be strictly recjuired then to 
present them And that in the mean Time & at all Times, the said Commissioners of the 
several Counties are directed to l)e very carefid to comply with the Directions of the Act 
whereby they are constituted & particularly to i;se all proper Care & Caution that tlic Secu- 
rity which they shall talcc for such Bills as they shall lett out be good & sufficient, And 
they are forthwith to pay into the Treasury the Ballauce of the Accompt of Interest in their 
Hands, As the Law Directs ; And It is further Directed & Ordered that the Select Men in 
any & every Town that shall make Apprizal of any Estate proposed to be mortgaged to the 
said Commissioners shall Ijc under Oath That they shall faithfully & and according to their 
best Skill & Judgement make every such Apprizal that they shall make W^'» the said 
Commissi'* are to be Certilicd of before they let out any more iSills. 

In Council : Read & Concur'd : — Consented to, Sami-i- Shute." 

'—Ibid., p. 377. 

Chap. 10. "Mr. West's Report on Acts passed in 1718. 

To the Right Honi^i" the Lords Comm"* for Trade & Plantations 

My Lords, In obedience to your Lordships commands I liave perused & considered the 
several Acts passed in the Province of Massachusets Bay in New England in 1718, transl 
mitted to me l)y M'' Sec>' Popple, & excepting one Act, I have no objection to their being 
passed into Laws, provided that the several Acts to which they respectively refer, shall 
upon examination be found to have had the approbation of your Lordships Board, for 
otherwise it would be absurd to conlinn additional Clauses, tho' in themselves reasonable, 
when the Acts to which they refer, have been disallowed. 

The Act to which I object is intituled An Act for , the regulating and limiting Credit in 
Trade S^ for preventing the double payments of debts. By which it is enacted that no actions 
shall be brought on any Books or Account whatsoever for debts to be contracted liy mer- 
chants &>= after the expiration of two years from the contracting thereof &c which I am of 
opinion may be very prejudicial to merchants who are resident in England & have debts 
due to them in New England, since by it they are barred front sueing lor their just debts 
unless they repair into the Province within the prescribed term It is provided indeed that 
the Act shall not extend to bar any action of account lietwecn Creditor & Dcbtoi', where 
either of them are beyond the Seas &<= the consequence of which Provisoe is, that all other 
actions are barred. An Action of Account, tho' in the large sense of the words Creditor § 
Debtor it is practicable, yet it will not lie for the greatest part of those cases which arise 
between Creditors and Debtors. An Action of Account for instance will not lye for a thing 
certain & consccpiently if a person in New England is indebted to a INIerchant who has af- 
terwards thought fit to remove into England in a certain sum of 20 or 40 £ & ■ for goods 
sold &■= such Merchant is deprived of all remedy for tho recovery of his debt unless he 
brings his action within the two years. 

I shall not trouble your Lordships with such other Objections which may be made to this 
Act, I)ut of the whole Act I am of opinion that tis no ways proper to be passed into Law. 
All which I humbly submit to your Lordi'^ 

and am My Lords Your Lordships most obedient & most humble Servant 

Rich: West 

June 2'"i 1719." 
—Public Record Office : "New Eng., Board of Trade," vol. 38, p. 285. 

No further action appears to have been taken upon this chapter. 

Chap. 11. See notes to chapter \^,2mst. 

Chap. 12. "Whitehall. Friday March 6«i» 1718-9 

* ■» * * * * ■*- * * «■ * 

Then the Board proceeded to consider an Act pass'd in the Massachusets Bay in 1718 In- 
tituled An Act for granting unto his Majesty several Rates and Duties of Impost and Ton- 
nage of shipping, which M'as read, And directions were given for sending the said Act to 
M'' Ca'rkesso with the desire of this Board to have the opinion of the Commiss'^* of his Maj- 
esty's Customs thereupon." — Public Record Office: " Trade-2}apers," vol. 22, j}. 159. 

"TF"> Popple to Char. Carkesse. 
To Char. Carkesse Esq'"' 

Sir, The Lords Comm" for Trade and Plantations command me to send you the inclosed 
parcel of Acts passed in his Majesty's Province of the Massachusets Bay in May 1718 & to 
desire you will move the Hon'''" the Comm''^ of his Majesty's Customs that my Lords 
Comm''s may have their opinion upon the Act intituled An Act for granting unto his Maj- 
esty several Rates and Duties of Impost and Tonnage of shipping (page 310) as soon as con- 
veniently may be, 

I am. Sir, Your most humble Servant, AVm Popple. 

Whitehall March 6^'' 1718-9" 
—Public Record Office : " Board of Trade," vol. 38, p. 260. 

" Char. Carkesse to TF'" Popple. 
To William Popple Esq''^ 
Sir, I reaeived your letter of the 6"' Instant inclosing among other Acts passed in his 



[Notes.] Province Laws. —17 18-1 9. 127 

Miijesty's Province of Massachusets Bay in May 1718, an Act for granting unto liis Maj- 
cMY several Kates & Duties of Impost & Tunnage of shipping, on which Act the Lords 
Coinmrs for Trade & Plantations dcsii-c the opinion of the Coniuiiss" of the Customs And 
haviuii' laid tlie same V)eforc them they have made the inclosed Observations thereon which 
they direct mc to transmit you & to return you the Acts abovementioned to be laid before 
then* Lordshiiis. 

I am, Sir, Your most humble Serv' Char. Carkesse. 

Custom ho. London U"' March 1718-9" 

*' Observations on the Act for. granting to his Majcsfg several Bates and Duties of Imjjost 
iSf Tannage of Shipjiing made at Massachusets Bay in New England. 

Bv the Act of Trade" 15 Car. it no goods can be imported hito any of the Plantations 
but "from Great Britain (salt for the fisheries, ]Madeira & Azores Wines, Servants, horses 
& provisions from Ireland excepted & also except Irish linnen from Ireland ^ Act 3 
& 4 Anne) And tho' Madera 8c Azores Wines &'• may lie carryed into the Plantations from 
other places in Europe than Great Britain yet it must be in British shipping ducly navi- 
gated. Whereas this Act seems to allow their being imported into New England in any 
shipping, there being no words to restrain such importation to be in ships allowed by Law 
to trade thither. 

This Act ^^■hieh lays a duty on Wines not Madera or Azores imported from the place of 
their Growth is contrary to the Act of Trade 15 Car. II if they be not imported from Great 
Britain and likewise all other goods (except as aforesaid) not imported from Great Brit- 
ain is contrary to the said Act. 

This Act lays a doulde duty on all goods imported from any other Ports than the places 
of their gi-owth or produce which will be a prejudice to the trade of Britain and the other 
English Plantations. 

This Act seems to give liberty to all persons who have goods consigned to them to make 
Entries &- which may give liberty to Aliens or persons not made free Denizens to trade as 
Merchants or Factors which is contrary to the Act of Navigation 12 Car. II. 

By this Act the ship with her Tackle, Apparel & Furniture is liable to answer such pen- 
alties & forfeitures as the Master shall incur by not olxscrving the directions of that Act, 
which seems to lie very nnreasonal)le & a great hardship on British Owners & other Plan- 
tation Owners of shipping to forfeit their ships thro' the default or neglect of the Master 
by a Law made in the Plantations. 

The duty laid on all shipping, except as in that section is particularly mentioned, seems 
to be an unreasonable Law & a great hardship on British O^vuers & other Plantation 
Owners of shipping. Signed by order of the Commissioners 

Custom ho. Lontlon 14r March 17i8-9." Char, Carkeese, Secy. 

—Ibid., p. 261. 

"Whitehall. Tuesday March 17"' 1718-9. 

At a Meeting of his Maj'>^ Commrs for Trade & Plant'* Pi-esent Earl of Holdcrnessc, M' 
Chetwvnd. Su- Cha. Cooke. M^ Docminique. M'" Molesworth M"^ Pelham M'" Pulteney 
M^ Bkidcn. _ 

A letter from M'' Carkesse of 14"> Instant inclosing the Observations of the Commrs of 
his Maj'>* Customs upon an Act pass'd in the Province of the Massachusets Bay in 1718 
intituled An Act for granting vnto his Ma"J several Rates and Duties of Impost Sx, Tonnage 
of shipping was read, together with the said OI)scrvations, Whereupon directions Avere 
given for preparing the Draught of a Representation to his Maj'-^' in order to the significa- 
tion of his Maj'js disallowance of the said act." — Public Record Office: ^^Trade-papers 
(Journals)," vol. 22, p. 166. 

Representation of the Lords of Ti'ade. 
"To the Kings most Excellent Majesty 

May it please 3'our Majesty, We have had imder our consideration an Act passed in 
your Majesty's JProvincc of the Massachusets Bay in May 1718, entituled An Act for • 
granting unto his Majesty several Rates S^ Duties of Impost &; Tonnage of Shipping; and 
having received the opinion of the Conun" of your Majfy-* Customs thereupon We humbly 
take leave to represent to your INIajcsty. 

That liv the Act of Trade 15 Car II no Goods of the growth or manufacture of Europe 
can l)c imported into any of the Plantations but from Great Britain, excepting salt for the 
fisheries, Wines of the Madera & Western Islands, servants, horses & Provisions from 
Ireland; And also except Irish linnen from Ireland by the Act 3"''i & 4"> Anne, Whereas 
this Act of the Massachusets Bay not only allows the importation of all sorts of Wines 
& Commodities directly from the place of their gi'owth but charges the said Commodities 
with a double duty, if imported from this Kingdom, from Miience only they can legally 
be imported, except in the cases abovementioned ; Besides that there are no woi'ds to re- 
strain the importation of such Goods into that Plantation to such ships only as by law 
may trade thither. 

This Act likewise lays a duty of one per cent on all English Merchandizes, when at the 
same time it lays not half that duty on any other goods & merchandize, and as a further 
discouragement to the British Trade & Navigation, lays a duty of Tonnage on all ship- 
ping excejit that of the Massachusets Bay and of some few of its neighliouring Colonies. 

It is further observable that the Ship with her tackle, apparel & furniture is lyable to 
answer such penalties and forfeitures as the Master shall incur by not observing the direc- 
tions of this Act, which would be very unreasonable & a great hardship on British & all 
other Owners of shipping who are legally entituled to trade thither. 

This Act was but very lately transmitted to us & will have had its full effect before 
your Majesty's pleasure thereon can be known in that Province, for it expires in May 
next. However considering that it is of so very exti'aordinary a nature, we would humbly 
propose that your Majesty may declare your disapprobation thereof as being repugnant to 
the Laws of this Kingdom by which tlie Plantations are & ought to be bound & conse- 
quently illegal null & void to all intents and purposes whatsoever. 



128 ^ Province Laws.— 1718-19. [Notes.] 

And forasmuch as this Act seems designed to be an annual one, "We would propose that 
in case it shall have been re-enacted this Year before the said Governor receives Your 
Majestys Orders on this head, he may be enjoined forthwith to declare your Majesty's dis- 
approbation tliereof & not to permit the said Act or any part of it to be put in execution. 

And to prevent so pernicious a practise for the future, Wc would further propose that 
your Maj'ys Governor of the Massachusetts Bay may have orders to represent to tlie Coun- 
cil & Assembly of that JProvincc, that as the power of making Laws which was granted to 
them by their Charter from their late Majesty King William & Queen Mary is restrained 
to the condition that such Laws shall not he i-epugnant to the Laws of this Kingdom, they 
will do well to consider how far the breaking tliis condition & the laying any discourage- 
ments on the shipping & manufticture of this Kingdom may endanger their Charter & we 
believe it necessary that at the same time the Governor himself should be put in mind of 
the obligations he lyes under by tlie Oath he took before his entrance on the Government 
(in piu-suance of a Clause in an Act of the 7"" & 8* of William the 3''' for preventing frauds 
& regulating abuses in the Plantation Trade) to put the Laws of Trade & Navigation in 
due execution as well as by your Majesty's Instruction to him of the 27"' of September 
1717 not to pass any Act which may aftect the trade or shipping of this Kingdom, without 
a Clause therein to be inserted, declaring that the said Act shall not be in force until the 
same shall be approved and confirmed by your Majesty, your heirs and successors. 
Which is most humbly submitted Char. Cooke 

P. DOCMINIQIE 
I. MOLESAVORTH 
D. PULTENEY 

Whitehall April 24* 1719. M. Bladen " 

—Public Record Office : "N. E., Board of Trade," vol. 38, p. 266. 

" Order in Council approving a Representation of Lords of Trade of 24 April 1719 for 
repealing an Act passed in Massach. Bay. 

At the Council Chamber, Whitehall The 26»> of May 1719. Present Their Excellencies 
the Lords Justices in Council 

Whereas by Commission under the great seal of Great Britain, the Governor Council 
and Assembly of the Province of the Massachusets Bay in New England are authorized 
and empowered to constitute and ordain laws which are & be in force unless his Maj'y^ 
pleasure be signifyed to the contrary. And whereas in pursuance of the said Commission 
an Act hath been passed by the Governor, Council and Assembly of that Province iji 
May 1718 and transmitted. Intituled as follows : vizt.. An Act for granting unto His Maj- 
esty several rates and duties of impost and tonnage of shipping Which Act having been 
perused & considered by the Lords ComiTirs of Trade & Plantations and presented by their 
Lordships to this Board with their humble opinion that the same be repealed. Their Ex- 
cellencies the Lords Justices in Council this day taking the same into consideration are 
pleased to declare their disallowance of the said Act and pursuant to their Excellencies 
pleasure thereupon the said Act is hereby repealed, declared void and of none etfcct. 
— Ibid.,p.28S. Edw. Southwell." 

"At the Council Chamber, Whitehall The 26'i' of May 1719 Present Their Excell'^i*^" the 
Lords Justices 

Upon reading this day at the Board a Representation from the Lords Comiiirs for Trade 
& Plantations dated 24"> of April last in the words following viz : — 

[//ere was inseHed the said Representation at length. 1 

Which Report being taken into consideration their Excellencies the Lords Justices in 
Council were i)leascd to declare their dis-allowance and disapprobation of the said Act ; 
and were furtlicr pleased to order as it is hereby ordered. That the Right Hon'^'" James 
Craggs Esq>>", His Majesty's Principal Seci-etary of State do write to the Gov' of the said 
Province of Massachusets Bay in confonnity to the said Report, and give him a severe 
■ reprimand for consenting to the passing an Act so contrary to his instructions & to the 
Laws & interest of England. 
— Ibid., p. 289. Edw. Southwell " 

" Nov. 4. 1719. Gentlemen. Since our last Session I have had the Honour to receive 
several Things in Command as well from their ExccUencys the Lords Justices of the King- 
dom in his Majesties Absence as from the Lords Commissioners of Trade & Plantations ; 
Which as they very much affect the Government of this Province, so I am obliged to com- 
municate them accordingly; Their Excellencies the Lords Justices are pleased to signify 
to me their great Displeasure at the Act of the Assembl}'' that was pass'd at the Session in 
May 1718, Entituled An Actfor Granting to his Majesty several Rates & Duties of Impost 
& Tunnage of Shipping, Wherein a Duty was laid both on English Goods & on English 
Built Ships ; as being contrary to his Majesties Instruction for that Purpose & not Author- 
ized by the Royal Charter. I am very glad We were so sensible of the Mistake as at our 
Sessions in May last we took off the Duty on English Goods & Shipping; And the more 
effectually to prevent our being guilty of so ftital an Errour for the Future, I am expressly 
Commanded to represent both to the Coimcil & Assembly in the Words following; Viz., 

'That as the Power of Making Laws which was granted to this Government by the 
Charter from their late Majesties is restrained to the Condition that such Laws shall not 
be repugnant to the Laws of Great Britain, They will do well to Consider how far the 
Breaking this Condition & the Laying any Discouragement on the Shipping & Manufacture 
of Great Britain may endanger the Charter.' — 

This Gentlemen must be look'd upon as a Warning from the Throne, And I hope will 
prove a Means to preserve us in our Dutiful Dependance on & Subjection to the Crown & 
Government of Great Britain, Upon which (under God) the Constitution & Prosperity of 
this Country entirely depends."— SpeecA of Gov. Shide to the Assembly ; Council Recovds, 
vol. X., p. 457. 

Chap. 13. " June 17. 1718. In the House of Representatives : June 12, 1718. Voted 
that Five Thousand & five Hundred Pounds only of the Twenty two Thousand Pounds 



[Notes.] Peovince Laws. — 1718-19. 129 

granted in the Ycai-s 1712 & 1713 be levied and collected the present Year. And that the 
Duties of Impost & Tunnage of Shipping & Excise together with the Income of the Bills 
lent out & the Light House be a Fund & Security for Drawing in the remaining Sixteen 
Thousand five Hundred Pounds. 

In Council : Read and Voted that a Message go down to the House of Representatives ' • 
from this Board by Nath" Byfield, John Clark, Thomas Hutchinson, Edmund Quincy & 
Jonathan Belcher Esq" to acquaint them That upon Examination of the several Sums laid 
upon this Year & the Funds set for Drawing them in the Tax of Five Thousand five Hun- 
dred Pounds is found not sufficient And therefore to Desire that there may be appointed a 
Committee of both Houses to examine the same." — Council Records, vol. X,,p. 283. 

" June 25. 1718. A Message came up from the House by Cpt. Throop & M"" Freeman, to 
enquire what is done relating to the Bill for a better enquiry into the rateable Estate of this 
Province, & upon the Vote of the House for Levying Five Thousand five Hundred Pounds 
only in the Tax of this Year 

John Cushing Esq"^ carried down from the Board the Vote of the House for Levying 
Five Thousand Five Hundred Pounds only in the Tax of this Year, with a Message that 
the Board had not pass'd on the same ; But the Court had appointed a Committee of both 
Houses to examine the Funds & outstanding Bills of Credit, whose Report now lies be- 
fore the House." — Ibid., p. 300. 

" June 28. 1718. In the House of Representatives : Voted that Eight Thousand two 
Hundred & fifty Pounds only of the £22000, Granted in the. years 1712 & 1713 be Levied & 
Collected this present Year, And that the Duties of Impost & Tunnage of Shipping & Ex- 
cise together with the Income of the Bills lent out & the Light House be a Fund & 
Security for Dra\Ying in the Remaining £13750. 

In Council ; Read & Non-Concur'd, And A Message was sent down to the House by 
Coll. Byfield, Coll. Brown, Coll. Fitch, & Coll. Quincey to inform the House that the 
Board are of Opinion that a Tax of Eight Thousand two Hundred Pounds is not suffi- 
cient to answer the Engagements for this present Year And that no less than Eleven 
Thousand Pounds is sufficient. 

A Message came up from the House by Coll. Thaxter, M'' Lindal & Cpt. Throop That 
the House do not see cause to depart from their Vote relating to a Tax of Eight Thou- 
sand two Hundred & fifty Pounds only. 

A second Message came up from the House by the Gentlemen aforesaid. That the 
House are desireous to have the Tax of this Year as low as may be, because it is so long 
since a Valuation of the Towns has been taken. And therefore there is no certainty of 
Equality in Proportioning of them And if a Tax to be raised be gi'anted this Day a Tax 
Bill may be preparing against this Court meets on Monday Which may much expedite 
then: Kismg."— Ibid., p. 306. 

" June 30. 1718. The Vote of the House of Representatives for raising a Tax of Eight 
Thousand two Hundred & fifty Pounds only. Sent down from the Board Non-Concur'd 
last Saturday ; — In the House of Representatives Read & Voted that the House do adhere 
to their Vote. — In Council Resolved that the Council do insist on their Vote above." 

"July 1, 1718. Voted that Samuel Sewall, Thomas Hutchinson, Thomas Fitch & Ed- 
mund Quincey Esq" be a Committee to Draw up the Reasons of the Boards adhering to 
their Vote upon the Tax." 

" The Vote of the House for Raising a Tax this Year of Eight Thousand two Hundred 
& fifty Pounds only Having been brought up to the Board with the Adherence of the 
House thereto. In Council : Whereas It is evident to this Board that the Suni of Eight 
Thousand two Hundi-ed & fifty Pounds together with the other Provisions proposed will 
not draw in the Twenty two "Thousand Pounds granted to be levied this Session, but 
that there will be wanting between Two & Three Thousand Pounds As seems to be im- 
plied by the Resolve of the House yesterday to which their last Vote refers. Now lest by 
not complying with our Promises from Time to Time the Grants of this Great & General 
Conrt become unstable & not to be relied on. Which may prove of fatal Consequence to 
this Province, This Board can not agree to a foreseen Deficiency But are obliged still to 
insist on their Resolve of the 30"» of June past Yet are ready to join with the House in 
Levying Eleven Thousand Pounds as heretofore."— /6/c?., p. 309. 

"July 3. 1718, In the House of Representatives: The Vote of the House pass'd the 
28th of June 1718 for Raising Eight Thousand two Hundred & fifty Pounds only. Read 
again & Ordered that a Message be sent up to the Board That this House continues of 
Opinion That Eight ThousJ two Hundred & fifty Pounds Tax with the other Provisions 
made is sufficient to draw in the Twenty two Thousand Pounds of Bills engaged to be 
done this Year And they are not willing to raise more than is absolutely necessary for a 
Tax, Untill a better Enquiry be made into the rateable Estate of the Province, That the 
Taxes may be made with more Equality & Justice And therefore still adhere to their Vote 
for Raising the Sum of £8250 by Tax this Year. 

In Council : Read & Concur'd. Provided that what shall be found wanting to compleat 
the Sum of Twenty two Thousand Pounds now proposed to be drawn in be levied over & 
above the Sums already engaged to be raised in the Year next ensuing; In the House of 
Representatives : Read & Concur'd ; — Consented to, Samli- Shute." 

—Ibid., p. 312. 

Chap. 15. " To the right Honourable the Lords Commissioners of Trade and Plantations. 

My Lords, In obedience to Your Lordships commands I have perused and considered 
an Act pass'd in the Province of the Massachusetts Bay in New England in One thousand 
seven hundred and eighteen, entituled An Act for the ease of prisoners for debt. This Act 
is expu-ed by the limitation of it. And therefore I shall only trouble your Lordships with 
one obsen'ation. It is enacted expressly by this Act that the whole penalty of the Bond 
prescribed withoxd Chancery shall bee to the use of the Assignee of it. I believe there 
never was a law of this kind before wherein there is an exclusion of equity in expresse 
words and as equity cannot take place but when from the circumstances of the case it is 

17 



130 Province Laws.— 1718-19. [Notes.] 

reasonable so to do, a clause of this kind must ahvaies bee absurd." — Report of Mr. West, 
20 Mai/, 1725 : "New Eng., Board of Trade," in Pub. Rec. Office, vol. 23, B. b., 140. 

Chap. 17. "Nov. 14. 1718. In the House of Representatives, Whereas the Treasurer 
■ has reiDresented to this House that many Persons have attended him with Bills of publick 
Credit signed with three Hands only to l)e exchanged for others, Pursuant to an Act of 
this Court for that End, And ho has not had Bills sign'd with four Hands to exchange 
them And there is no Prospect that Bills sufficient to exchange the said Bills will soon come 
• into the Treasury, There being Fifteen Thousand Pounds to be exchanged according to 
the Treasurers Accompts ; 

Ordered that the Time for the Treasurers exchanging such Bills be further lengthened 
out & extended for the space of Six Months next coming Any Law, usage or Custom to 
the Contrary notwithstanding. 

In Council ; Read & Concur'd— Consented to, Sami-i. Shute." 

— Council Records, j>- 347. 

"Nov. 20, 1718. In the House of Representatives: Ordered that the Sum of Fifteen 
Thoujiand Pounds of Bills of Credit on this Province be further & as speedily as may 
be made by the Committee that made the last Bills, Saving that M'' John White is added 
to the Committee in the Room of the Hon'j'« Elisha Hutchinson Escf DecJ, That the Sum 
of Twelve Thousand Pounds, be made off of the highest Plate & the Sum of Two Thou- 
sand seven Hundred & fifty Pc^nds off the Middle Plate & Two Huadi-ed & fifty Pounds 
off the lowest Plate, Who shall be paid for their Service after the same Rate the Com- 
mittee were for the last they made. That they deliver them to the Treasurer taking his 
Receipt for the same, Ten Thousand Pounds thereof to be towards Exdhanging the Bills 
sign'd with three Hands only & Five Thousand Pounds towards Supply of the Treasury 
for which a Fund is to be provided before they be issued. 

In Council : Read & Concur'd with that Part of the Vote that relates to the Making Ten 
Thousand Pounds for the Exchanging the Bills sign'd Avith three Hands only ; And Voted 
that Nathaniel Byfield, John Cusiiing, Addington Davenport, Samuel Brown & Edmund 
Quincey Esq" bo a Committee to confer with a Committee of the House on the other 
Part of their Vote relating to the Remaining Five Thous*! Pounds." — Ibid., p. 3-58. 

" Nov. 21, 1718. The Vote of the Board appointing a Committee to confer with a Com- 
mittee of the House on that part of their Vote for Making Fifteen Thousand Pounds in 
Bills of Credit, to which they did not Concur, As Enter'd Nov. 20, 1718. 

In the House of Representatives, Read & Concur'd, And Jonathan Remington & Ed- 
ward Hutchinson Esq'^ M'' Timothy Lindal, Samuel Thaxter & Thomas Turner, Esq" 
are a Committee for the said Conference." — Ibid., p. 361. 

" Nov. 22. 1718. The Report of the Committee chosen by the Board & the Committee 
chosen by the House of Representatives to confer on that Part of the Vote of the House 
for the Making & Emitting £1.5000, in Bills that relates to the £-5000 for Supply of the 
Treasury (As Enter'd Nov. 20, 1718) is as follows : Viz., 

In Obedience to the aforementioned Order, The Committee of each House, above Named 
have mctt and confer'd upon the Vote of the House of Representatives relating to the 
Making Five Thousand Pounds towards Supply of the Treasury And as a Result of their 
Conference are humbly of Opinion That there "is no Necessity of Making anymore new 
Bills for such a Supply for that the Bills which will be brought in by the Trustees & Com- 
missioners for the.Loan & l)y the Taxes, Impost & Excise will be sufficient upon the Trea- 
surers l)cing enalilcd to issue the same on such Security as this Court shall agree on at 
their present Session 

In the Name & p Order of the Comm*'^*' — N. Byfield. 

In Council : Read & Accepted." — Ibid., p. 361. 

"Nov. 25. 1718, The Vote of the House of Representatives, That they Non Concur the 
Boards Acceptance of the Committees Report relating to Making Five Thousand Pounds for 
Supply of the Treasury, & insist on their former Vote (Enter'd Nov. 20"') with this Altera- 
tion, Viz, <that the Whole of the Fifteen Thousand Pounds be applied to the Exchang- 
ing of Bills sign'd with three Hands only,' more than that Sum being still out standing. 

In Council : Read & Concur'd ; — Consented to, Sami-i- Shute. 

—Ibid., p. 363. 

(a.) " July 3. 1718. In the House of Representatives ; Resolved that the Treasurer be 
& hereby is Impowered and Directed to issue forth and Emit of the Bills of publiek Credit 
received into the Treasury the Sum of Six Thousand Pounds for payment of the Publick 
Debts of the Province already contracted for the Defence & Support of the Government & 
the necessary Protection & Preservation of the Inhabitants of this Province & for Subsist- 
ing of Forts & Garrisons & Wages arising for their Service & for Payment of Grants, Sala- 
ries & Allowances.- made or to be made by this Court according to such Draughts as from 
Time to Time shall be made upon him by Warrant or Order of y« Gov or Commander in 
Chief for the Time being by & with the Advice & Consent of the Council : And the said 
Bills shall pass out of the Treasury at the Value therein cxprcss'd equivalent to Money 
& shall be taken & accepted in allpublick Payments at the Advance & after the Rate of 
Five per Cent more. And as a Fund & Security for the same There be & hereby is Granted 
to his most Excellent Majesty to the Ends & Uses aforesaid a Tax of Six Thousand Pounds 
to be levied upon Polls & Estates both Real & Personal within this Province According to 
such Rules & in such Proportion upon the several Towns & Districts within the same as 
shall be agreed on & Ordered by the Great & General Court or Assembly of this Province 
at their Session in May 1722 and paid into the Treasury on or before the last Day of De- 
cember next after. 

In Council : Read & Concur'd : Consented to : Sami-i- Shute." 

^Council Records, vol. X.. p. 311. 

(6.) "July 4, 1718. In the House of Representatives: Whereas this Court at their 
Sessions in October Anno 1714 did grant a Tax of Ten Thousand Pounds to be levied up- 



[Notes.] Province Laws.— 1718-19. 131 

on Polls & Estates at their Session in May 1720 Three Thousand Pounds thereof to be 
paid into the Treasury on or before the last day of December next after, And the remain- 
ing Seven Thousand Pounds on or before the last day of December 1721 For the more 
convenient Collecting & Paying in the said Seven Thousand Pounds, Resolved that the 
said Seven Thousand Pounds shall be paid into the Treasury on or before the last Day of 
December And whereas by Examination of the Books & Comparing the Sum of the Bills 
of Credit out standing -with the Sum of the Taxes granted & out standing, as Funds & 
Security to repay & bring in the same It is found that the said Bills exceed the said Taxes 
the Sum of Thirteen Thousand two Hundred & fifty Pounds W^h has happened by a De- 
pendence for some Years late past that the Impost Excise & other Funds would have 
brought in greater Sums then they really did ; For the Making good such Deficiency, 
Andfor a Fund & Security for the Repayment & Calling in of the said Bills ; Resolved 
that there be & hereby is" Granted to his most Excellent Majesty to the Ends & Uses as 
aforesaid a Tax of Thirteen Thousand two Hundred & fifty Pounds to be levied on Polls 
& Estates both Real & Personal within this Province according to such Rules & in such 
Proportion upon the several Towns & Districts within the same as shall be Agreed on & 
Ordered by the Great & General Court or Assembly of this Province at their Session in 
May 1721 & Paid into the Treasury on or before the last Day of December next after. 

In Council ; Read & Concurr'd ; — Consented to, Samll Shute." 

—Ibid., p. 314. 

(c.) " Dec. 2. 1718. In the House of Representatives ; Resolved that the Treasurer be 
& hereby is Impowred & Directed to Issue forth & Emit the Sum of Five Thousand Pounds 
of the Bills of publick Credit that are or shall be received into the Ti-easury for Payments 
of the publick Debts of this Pi-ovince already contracted for the Defence & Support of the 
Government & the necessary Protection & Preservation of the Inhabitants of this Province 
& for the Subsisting of Forts & Garrisons & Wages arising for their Service & for Payment 
of Grants, Salaries"& Allowances made or to be made by this Court According to such 
Draughts as from Time to Time shall be made upon him by Warrant or Order of the 
Govemour or Commander in Chief for the Time being by & with the Advice & Consent of 
the Council And the said Bills shall pass out of the Treasury at the Value therein ex- 
press'd equivalent to Money & shall bo taken & accepted in all publick Payments at the 
Advance & after the Rate of Five Pound per Cent more. 

And as a Fund & Security for the same There be & hereby is Granted to his most Ex- 
cellent Majesty for the Ends & Uses aforesaid a Tax of Five Thousand Pounds to be 
levied upon Polls & Estates both Real & Personal within this Province according to such 
Rules & in such Proportion upon the several Towns & Districts within the same as shall 
be agreed on & ordered by the Great & General Court or Assembly of this Province at 
their Session in May Anno One Thousand seven Hundred & twenty three & paid into the 
Treasury on or before the last Day of Decembf next after. 

In Council ; Read & Concur'd ;— Consented to, Sami-I' Shute." 

—Ibid., p. 375. 



ACTS, 
Passed 1719 — 20. 



[133] 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Twenty-seventh day of May, A.D. 17 19. 



CHAPTER 1. 

AN ACT FOR THE PUNISHING AND PREVENTING OF DUELLING. 

Whereas, to the great dishonour of Almight}' God, iu defiance of 
the laws of nature and nations, contrary to the peace of our soveraign 
lord, the king, and the precious life of man, there have been in this 
province, of late years, several duel[l]s and dangerous re[a]ncounters 
and quarrels ; for the preventing and suppressing whereof, — 

Be it enacted by His Excellency the Governour, Council and Represen- 
tatives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That whoever, from and after the publication of this act, Punishment for 
shall of their own heads, and for private malice [and] displeasure, in counter"? '^^°" 
fury or revenge, fight a duel[l], combat, or engage in a rencounter 
with rapier, or small-sword, backsword, pistol, or any other dangerous 
weapon, to the danger of life, maihem or wounding of the parties or 
the afii-ay of his majest[?/][ie]'s good subjects (altho death doth not 
thereby ensue) , and be thereof convicted by due course of law, before 
the court of assize, or court of general sessions of the peace, in the 
respective counties of this province, shall be punished by fine not ex- 
ceeding [a] [one] hundred pounds, imprisonment not exceeding six 
mouths, or corporally punished (not extending to member or pillory), 
an}^ or all of the said punishments, at the discretion of the court that 
have cognizance of such offence, as the nature and circumstances of 
the fact and persons may require ; and be also further obliged to find To find sureties, 
sureties for the peace and good behaviour for so long a time as the said 
court shall judge reasonable. 

A7id be it further enacted by the authority aforesaid, 

[Sect. 2.] That if any person or persons by word, writing or mes- ChaUenges. 
sage, challenge another to fight a duel[l], and be thereof convicted by« 
due course of law, he or they shall [also] be punished in manner and 
form as aforesaid. [^Passed June 16 ; published June 30. 



CHAPTER 2. 

AN ACT IN ADDITION TO AN ACT ENTITULED "AN ACT IN FURTHER 
ADDITION TO THE ACT FOR ENCOURAGING THE KILLING OF WOLVES, 
MADE IN THE FIFTH YEAR OF THE REIGN OF KING WILLIAM AND 
QUEEN MARY." 

Whereas, in the said act it is provided " That whensoever it shall 1715.16, chap, 
happen that anj^ dog [or bitch*] shall kill or wound any sheep [lamb or ^^' ^ ^' 

* The words, in this chapter marked with an asterisk, occurring in the engrossment but 
omitted in the printed act, do not appear in the act referred to. 

[135] 



136 



Province Laws. — 1719-20. 



[Chap. 3.] 



One evidence 
sufficient 
against dogs. 



Limitation. 



calf*], and proof be made thereof before any of his niajest[?/][ie]'s 
justices of the peace for the county where [any*] such damage is done, 
said dog [or bitch*] shall be killed within forty-eight hours after notice 
given, under penalty of five pounds ; " notwithstanding which, great 
damage hath been suffered in diverse towns [witJi'jm this province by 
unruly and ravenous dogs ; it being difficult to make proof thereof as in 
other cases, — 

Be it therefore enacted by His Excellency the Governour, Council and 
Representatives in General Court assembled, and by the authority of the 
same, 

[Sect. 1.] That whensoever it shall happen that any dog or bitch 
shall worry, chase, kill or wound any sheep, lamb or calf, and proof be 
made thereof by the oath of one or more credible person or persons, be- 
fore any of his majest[?/][ie]'s justices of the peace for the county where 
such damage is done, the said justice is required speedily to notify the 
owner of said dog or bitch of such damage, and if said dog or bitch be 
not killed within forty-eight hours after such notice given, the owner 
shall forfeit the sum of five pounds, to be recovered and disposed of in 
manner as in and by said act is provided ; and the said owner shall be 
further liable to the action of any person damnified as aforesaid ; any 
law, usage or custom to the contrary notwithstanding. 

[Sect. 2.] This act to continue in force for the space of four years, 
and no longer. \^Passed June 30 ; published July 4. 



CHAPTER 3. 

AN ACT IN ADDITION TO AN ACT FOR ERECTING A POWDER-HOUSE IN 

BOSTON. 



1706-7, chap. 4. 
1715.16, chap. 
12. 



No gunpo-wder 
to be kept in 
vesBels lying at 
a wharf. 



Gunpowder not 
to he carried on 
trucks. 



To he kei>t in 
hrass or tin 
tunnels. 



Whereas gunpowder in great quantities is imported and exported 
at the port of Boston, and the ships or vessels in which such powder 
commonly is, ly at the wharffs near to the warehouses and dwelling- 
houses of the inhabitants of the town of Boston aforesaid, being often 
grounded, whereby, in case of fire, the lives and estates of his majes- 
t[t/][ie]'s good subjects are in great danger, as well as able-bodied and 
well-disposed persons discouraged and affrighted from giving their 
assistance and using any endeavours for the extinguish[ing][mewfj 
thereof, — 

Be it therefore enacted by His Excellency the Governour, Council and 
Representatives in General Court assembled, and by the authority of the 
same, 

[Sect. 1.] That from and after the publication of this act no gun- 
powder shall be kept on board any ship or other vessel, lying to or 
grounded at any wharff within the port of Boston. And if any gun- 
powder shall be found on board [any] such ship or vessel lying aground, 
as aforesaid, such powder shall be liable to confiscation, and under the 
same penalty as if it were found lying in any house or warehouse. 

And be it further enacted by the authority aforesaid, 

[Sect. 2.] That no powder be carried through any town upon 
trucks, under the penalty of ten shillings per barrel for every barrel of 
powder so conveyed, and so proportionably for smaller cask. 

And be it further enacted by the authority aforesaid, 

[Sect. 3.] That such quantity of gunpowder as by law is permitted 
and allowed to be kept in shops for retail, shall hereafter be kept in brass 
or tin tunnels, and no otherwise, under the penalty of forfeiting [alii 
such gunpowder ; one moiety thereof to be to the use of the poor of 



[1st Sess.] Province Laws. — 1719-20. 137 

the town where such powder shall be found, and the other moiety to 
them that shall inform and sue for the. same ; and that the firewards of 
the town of Boston, for the time being, be, and hereby are, directed 
strictly to observe and put this law in execution ; any law, usage or 
custom to the contrary notwithstanding. \_Passed June 23 ; published 
June 30. 



CHAPTER 4. 

AN ACT FOR THE ALTERING THE TIME FOR THE SITTING OF THE COURT 
OF GENERAL SESSIONS OF THE PEACE, AND INFERIOUR COURT OF COM- 
MON PLEAS, WITHIN AND FOR THE COUNTY OF ESSEX, IN THE MONTH 
OF MARCH. 

"Whereas the time formerly appointed hj law for the holding the i699-i7oo, chap. 
court of general sessions of the peace, and the inferiour court of com- ^' ^ ^" 
mon pleas for the said county of Essex, was on the last Tuesday of 
March annually, which has of late years been altered and put back to 1711.12, chap. 3, 
the third Tuesday of the said month, which is found for many reasons ^ ^• 
not to be so convenient as the said last Tuesday in March, — 

Be it therefore enacted by His Excellency the Governour, Council and 
Representatives in General Court assembled, and by the authority of the 
same, 

That the said inferiour court of common pleas, and court of general Time of holding 
sessions of the peace, appointed to be holden for the said county of gg^ a°te?ed! ^' 
Essex upon the third Tuesday of March, shall be henceforth holden 
and kept at Ipswich upon the last Tuesday of March annually, as for- 
merty ; any law, usage or custom to the contrary notwithstanding. 
\_Passed June 12 ; published June 30. 



CHAPTER 5. 

AN ACT FOR THE ALTERING THE TIME FOR THE SITTING OF THE COURT 
OF GENERAL SESSIONS OF THE PEACE AND COURT OF COMMON PLEAS 
IN THE COUNTY OF DUKES COUNTY. 

Whereas the time by law prefixed for [the'] holding the courts above- 1699.1700, chap, 
said is on the first Tuesday of March and October, and the season ^' § ^• 
being many times bad and difficult, and therefore inconvenient for the 
justices and others concerned to attend the said court[s], as abovesaid ; 
for remedy whereof, — 

Be it enacted by His Excellency the Governour, Council and House of 
Representatives in General Court assembled, and by the authority of the 
same, 

That for the future the time for holding the court of general sessions Time of holding 
of the peace and court of common pleas within the county of Dukes Dukes^County 
countj^, shall be on the last Tuesday of March and October ; and all altered, 
actions, pleas and suits, both civil and criminal, shall be heard and tryed 
at the abovesaid courts as fully and absolutely as if the time for holding 
the same had not been altered ; any law, usage or custom to the con- 
trary notwithstanding. \_Passed June 11 ; published June 30. 

18 



138 Province Laws.— 1719-20. [Chap. C] 



CHAPTEK 6. 

AN ACT FOR THE GRANTING UNTO HIS MAJESTY SEVERAL RATES AND 
DUTY'S OF IMPOST AND TUNNAGE OF SHIPPING. 

We, his majesty's loyal and dutifull subjects, the representatives of 
his majesty's province of the Massachusetts Bay in New England, con- 
sidering the necessity of granting a supply of mone3's for calling in the 
sum of sixteen thousand pounds granted unto her late, and his present, 
majest}', by bills emitted at their several sessions, cwwus 1713, 1715 and 
1716, to be levj^ed and collected in this present year, of which the dut3's 
of impost, and excise, and tunnage of shipping were to be in part a fund 
and security, have chearfully and unanimously given and granted, and 
do hereby give and grant unto his most excellent majest}- , to the ends, 
use and intent afores'd, and for no other use, the several clutys of impost 
upon wines, liquors, goods, wares and merchandize that shall be im- 
ported into this province, and tunnage of shipping, hereafter mentioned 
and expressed, for calling in the sum of sixteen thousand pounds above- 
mentioned ; and pray that it may be enacted, — 

And be it accordingly enacted by His Excellency the Governour, Coun- 
cil and Representatives in General Court assembled^ and by the authority 
of the same, 

[Sect. 1.] That after the publication of this act there shall be paid 
by the importer of all wines, liquors, goods, wares and merchandize that 
shall be imported into this province from the place of their growth (salt, 
cotton-wool, provisions and every other thing of the growth and prod- 
uce of New England excepted) , the several rates and dutys of impost 
following ; vizt., — 

For every pipe of common wine of the Western Islands, twent}'- shil- 
lings. 

For every pipe of Canary, twenty-five shillings. 

For every pipe of Madera or Pissada, twenty shillings. 

For every pipe of other sorts not mentioned, twenty shillings. 

For every hogshead of rum, containing one hundred gallons, twenty 
shillings. 

For ever}" hogshead of sugar, tAvo shillings. 

For every hogshead of molasses, one shilling. 

For every hogshead of tobacco, five shillings. 

For every ton of logwood, three shillings. 

And so proportionably for greater or lesser quantitys. 

For all other coihoditys, goods or merchandize not mentionetl or ex- 
cepted, one penny for every twent}^ shillings' value, all goods imported 
from Great Britain excepted. 

[Sect. 2.] And for any of the above wines, liquors, goods, wares, 
merchandize, &c., that shall be imported into this province from any 
other ports than the places of their growth and produce, there shall 
be paid by the importer double the value of impost appointed by this 
act, to be received for every species above mentioned, unless they do 
bona fide, belong to the inhabitants of this province, and come upon 
their risque from the port of their growth. 

And be it further enacted by 'the authority aforesaid, 

[Sect. 3.] That all the aforesaid imposts, rates and dutys shall be 
paid in current money or in bills of credit of this province, by the 
importer of any wines, liquors, goods or merchandize, unto the commis- 
sioner and receiver to be appointed, as is hereinafter directed, for entring 
and receiving of the same at or before the landing of any wines, liquors, 
goods or merchandize ; only the commissioner or receiver is hereby al- 



[1st Sess.] Province Laws.— 1719-20. 139 

lowed to give credit to such person or persons, wliere his or their duty 
of impost in one ship or vessel doth exceed the sum of ten pounds. And 
in case where the commissioner or receiver shall give credit, he shall 
settle and ballance his accompts with every person, so that the same 
accompt may be ready to present to this court in May next. And all 
entrys where the impost or duty to be paid doth not exceed four shillings, 
shall be made without charge to the importer ; and not more than six- 
pence to be paid for any other single entry to what value soever. 
And be it further enacted by the authority afores'd, 
[Sect. 4.] That all masters of ships or other vessels coming in to 
any harbour or port within this province, from beyond sea or from any 
other province or colony, before bulk be broken and within twenty-four 
hours after his arrival in such harbour or port, shall make a report to 
the commissioner or receiver of the impost, to be appointed as is here- 
after mentioned, of the contents of the lading of such ship or vessel, 
without any charge or fee to be demanded or paid for the same ; which 
report such master shall give in to the said commissioner or receiver, 
under his hand, and shall therein set down and express the quantitj^s 
and sj)ecies of the wines, liquors, goods and merchandizes loaden on 
such ship or vessel, with the marks and numbers thereof, and to whom 
the same is consigned ; and also make oath that the said report or mani- 
fest of the contents of his lading, so to be by him given in under his 
hand as afores'd, contains a just and true accompt, to the best of ffis 
knowledge, of the whole lading taken on board and imported in the said 
vessel from the port or ports such vessel came from, and that he hath 
not broken bulk nor delivered any of the wines, rum or other distilled 
liquors or merchandizes loaden on said ship or vessel, directly or indi- 
rectly, and that if he shall know of any more wines, liquors, goods or 
merchandize to be imported therein before the landing thereof, he will 
cause it to be added to his manifest ; which manifest shall be agreeable 
to a printed form made for that purpose, which is to be filled up by the 
s'd coiuissioner or receiver, according to each particular person's entry ; 
which oath the commissioner or receiver is hereby impowred to admin- 
ister : after which such master may unload, and not before, on pain of 
one hundred pounds, to be forfeited and paid by each master that shall 
neglect his duty in this behalf. 

A7id be it further enacted by the authority afores'd, 
[Sect. 5.] That all merchants, factors or other persons, importers, 
being owners of, or having, any of the wines, liquors, goods or merchan- 
dize consigned to them, that by this act are lyable to pay impost or 
duty, shall, by themselves or order, make entry thereof in writing, 
under their hands, with the said commissioner or receiver, and produce 
unto him the original invoice of all such goods as pay ad valorem, and 
make oath thereto in manner following : — 

You, A. B., do swear that the entry of the goods and merchandize, by jow 
now made, contains the true value agreealjle to the original invoice here- 
with exhibited, and that according to your best skill and judgment is not 
less than the real cost thereof. So help you God. r 

— and pay the duty and impost by this act required before such wines, 
liquors, goods, wares or merchandize be landed or taken out of the ves- 
sel in which the same shall be imported, on pain of forfeiting all such 
wines, liquors, goods, wares or merchandize so landed or taken out 
of the vessel in which the same shall be imported. 

[Sect. 6.] And no wines, liquors, goods, wares or merchandize 
that by this act are lyable to pay impost or duty, shall be landed on 
any wharff or into any warehouse or other place, but in the da^^-time 
only, and that after sum-ise and before sunset, unless in the presence of, 



240 Province Laws. — 1719-20. [Chap. 6.] 

and with the consent of, the coniissioner or receiver, on pain of for- 
feiting all such wines, liquors, goods, wares and merchandize, and the 
lighter, boat or vessel out of which the same shall be landed or put into 
any warehouse or other place ; which aboves'd oath the coinissioner or 
receiver is hereby impowred to administer. 

[Sect. 7.] And if any person or persons shall not have and produce 
an invoice of the quantitys of rum or liquors to him or them con- 
signed, then the cask, wherein the same is, shall be gauged at the charge 
of the importer, that the quantity thereof may be known. 

£e it further enacted by the authority aforesaid, 

[Sect. 8.] That every merchant or other person, importing, any 
wines into this province, shall be allowed twelve per cent for leakage : 
provided such wines have not been filled up on board, and that every 
hogshead, butt or pipe of wine that hath two third parts thereof leaked 
out, shall be accounted for outs, and the merch' or importer to pay no 
impost or duty for the same. And no master of any ship or vessel 
shall suffer any wines to be filled up on board, without giving a certifi- 
cate of the quantity so filled, under his hand, before the landing there- 
of, to the coinissioner or receiver of the impost in such port, on pain of 
forfeiting the sum of fifty pounds. 

[Sect. 9.] And if it be made appear that any wines imported in 

any ship or vessel, be decayed at the time of unloading thereof, or in 

* twenty days afterwards, oath being made before the commissioner or 

receiver that the same hath not been landed above that time, the dutys 

and impost paid for such wines shall be repaid unto the importer thereof. 

And be it farther enacted by the authority afores'd, 

[Sect. 10.] That the master of any ship or vessel importing any. 
wines, liquors, goods, wares or merchandize shall be lyable to and shall 
pay the impost for such and so much thereof contained in his manifest 
as shall not be duly entred, and the duty paid for the same, by the 
person or persons to whom such wines, liquors, goods, wares or mer- 
chandize are or shall be consigned ; and it shall and may be lawful to 
and for the master of every ship or other vessel to secure and detain 
in his hands, at the owner's risque, all such wines, liquors, goods, wares 
and merchandize imported in such ship or vessel, until he shall receive a 
certificate from the commissioner or receiver of the impost that the duty 
for the same is paid, and until he be repaid his necessary charges in 
securing the same ; or such master may deliver such wines, liquors, 
goods, wares or merchandize as are not entred unto the coiSissioner 
or receiver of the impost in such port or his order, who is hereby im- 
powred and directed to receive and keep the same at the owner's risque 
until the impost thereof, with charges, be paid ; and then to deliver such 
wines, liquors, goods, wares or merchandize as such master shall direct. 

A7id be it further enacted by the authority afores'd, 

[Sect. 11.] That the coinissioner or receiver of the impost in each 
port shall be and hereby is impowred to sue the master of any ship 
or vessel, for the impost or duty for so much of the lading of any wines, 
^ liquors, goods, wares and merchandize imported therein, according to 
the manifest by him to be given upon oath as afores'd, as shall remain 
not entred and the duty or impost thereof not paid ; and where the 
goods, wares or merchandize are such as that the value thereof is not 
known, whereby the impost to be recovered of the master for the same 
cannot be ascertained, the owner or person to whom such goods, wares 
or merchandize are or shall be consigned, shall be summoned to appear 
as an evidence at the court where suit for the duty and impost thereof 
shall be brought, and be there required to make oath to the value of 
such goods, wares or merchandize. 



[1st Sess.] Province Laavs. — 1719-20. 141 

And be it further enacted by the authority afores'd^ 
[Sect. 12.] That the ship or vessel, with her tackle, apparel and 
furniture, the master gf which shall make default in anything by this 
act required to be performed by him, shall be tyable to answer and 
make good the sum or sums forfeited by such master, according to this 
act, for any such default, as also to make good the impost or duty for 
any wines, liquors, goods, wares or merchandizes not entred as afores'd, • 

and upon judgm* recovered against such master, the s'd ship or vessel, 
or so much of the tackle or appur'^" thereof as shall be sufficient 
to satisfy said judgment may be taken in execution for the same ; 
and the coiiiissioner or receiver of the impost is hereby impowred 
to make seizure of such ship or vessel, and detain the same under 
seizure, until judgment be given in any suit to be commenced and prose- 
cuted for any of the s'd forfeitures or impost, to the intent that if judg- 
ment be rendred for the j^rosecutor or informer, such ship or vessel 
and appur*^*' may be exposed for satisfaction thereof as is before 
provided, unless the owners or some on their behalf, for the releasing 
of such ship or vessel from under seizure or restraint, shall give suffi- 
cient security to the commissioner or receiver of the impost that seized 
the same, to respond and satisfy the sum or value of the forfeiture and 
dutys, with charges, that shall be recovered against the master thereof 
upon suit to be brought for the same as afores'd ; and the master occa- 
sioning such loss and damage to his owners thro' his default or neglect 
shall be lyable unto their action for the same. 
And be it further enacted, 

[Sect. 13.] That the naval officer within any of the ports of this 
province shall not clear or give passes to any master of any ship or 
other vessel outward bound, until he shall be certifj-ed, by the coinis- 
sioner or receiver of the impost that the dutys and impost for the 
goods last imported in such ship or vessel are paid, or secured to be 
paid ; and the commissioner or receiver of the impost is hereby im- 
powred to allow bills of store to the master of any shipp or vessel, im- 
porting any wines or liquors, for such private adventures as shall belong 
to the master and seamen of such ship or other vessel, at the discretion 
of the commissioner or receiver, not exceeding three per cent of the 
lading ; and dutys payable by this act for such wines or liquors in such 
bills of store mentioned and expressed, shall be abated. 
And be it further enacted by the authority aforesaid, 
[Sect. 14.] That all penalty s and forfeitures accruing or arising 
by vertue of this act, shall be one-half to his majesty for the uses and 
intents for which the aforementioned dutys of import are granted, and 
the other half to him or them that shall seize, inform and sue for the 
same by action, bill, plaint or information in any of his majesty's courts 
of record, wherein no essoign, protection or wager of law shall be 
allowed ; the whole charge of prosecution to be taken out of the half 
belonging to the informer. 

A7id be it further enacted by the aiithority afores'd, 
[Sect. 15.] That there shall be paid by the master of every ship or 
other [vessel? *] coming into anj^ port or ports in this province to trade 
or traffick, whereof all the owners are not belonging to this province, 
except such vessels as belong to Great Britain, [the?*] provinces or 
colonys of Pensilvania, West and East Jersey, New York, Connecticut 
or Rhode Island, every vo^^age such ship or vessel do's make, the sum 
of eighteen pence per tun, or one pound of good new gunpowder for every 
tun such ship or vessel is in burthen (saving for that part which is owned 
in Great Britain, this province or any of the afores'd governments, 
which is hereby exempted) , to be paid unto the commissioner or receiver 

* A part of the parchment destroyed. 



142 Province Laws.— 1719-20. [Chap. 6.] 

of the dutys of impost, and to be imployed for the ends and uses 
afores'd. 

[Sect. 16.] And the said commissioner is hereby impowred to ap- 
point a meet and suitable person to repair unto and on board any ship or 
vessel, to take the exact measure or tunnage thereof, in case he shall sus- 
pect that the register of such ship or vessel doth not express and set 
, forth the full burthen of the same ; the charge thereof to be paid by the 

master or owner of such ship or vessel, before she be cleared, in case she 
appears to be of greater burthen ; otherwise to be paid by the comis- 
sioner out of the money's reced by him for impost, and shall be al- 
lowed him accordingly by the treasurer in his accompts. And the 
naval officer shall not clear any vessel until he be also certif3'ed by 
the said commissioner that the duty of tunnage for the same is paid, or 
that it is such a vessel for which none is payable according to this act. 

And be it further enacted by the cmthority afores'd, 

[Sect. 17.] That there be one fit person, and no more, nominated and 
appointed by this court, as a commissioner and receiver of the afores'd 
dutys of impost and tunnage of shipping, and for the inspection, care 
and management of the s'd office and whatsoever relates thereunto, to 
receive commission for the same from the governour or coiiiander-in- 
chief for the time being, with authority to substitute and appoint a 
deputy receiver in each port besides that av herein he resides, and to 
grant warrants to such deput}^ receivers for their said place, and to 
collect and receive the impost and tunnage of shipping afores'd, that 
shall become due within such port, and to render the accompts thereof 
and pay in the same to the said commissioner and receiver ; which said 
coinissiouer and receiver shall keep fair books of all entr3'S and dutys 
arising by vertue of this act, also a particular accompt of every vessel, 
so that the dutys of impost and tunnage arising on the s'd vessell may 
appear ; and the same to l,ve open, at all seasonable times to the view 
and perusal of the treasurer and receiver-general of this province (or 
any other person or persons Avhom this court shall appoint) , with whom 
he shall account for all collections and payments, and pay in all such 
mone3-s as shall be in his hands, as the treasurer or receiver shall de- 
mand it. And the said commissioner and receiver and his deputy and 
deputys, before their entring upon the execution of the s'd office, shall 
be sworn to deal truly and faithfully therein, and shall attend in the 
office from nine to twelve of the clock in the forenoon, and from two to 
, five in the afternoon. 

[Sect. 18.] And the s'd commissioner and receiver, for his labour, 
care and expences in the said office, shall have and receive, out of the 
province treasur}^ the sum of seventy pounds per annum, and his deputy 
or deput3's to be paid for their service such sum and sums as the said 
commissioner and receiver, with the treasurer, shall agree, upon reason- 
able terms, not exceeding thirty pounds each, and the treasurer is 
hereby ordered in passing and receiving the said commissioner's ac- 
compt, accordingly to allow the payment of such salary or salar3-s, as 
afores'd, to himself and his deput3' and deputys. 

Provided, 

[Sect. 19.] That this act shall continue in force from the publica- 
tion thereof, until the twenty-ninth da3^ of June, which will be in the 
3'ear of our Lord one thousand seven hundred and twent3', and no 
longer. \_Passed and published June 30. 



[1st Sess.] 



Province Laws. — 1719-20. 



143 



CHAPTER 7. 

AN ACT FOR APPORTIONING AND ASSESSING A TAX OF FOUR THOU- 
SAND AND TEN POUNDS TEN SHILLINGS AND SIXPENCE ON POLLS 
AND ESTATES. 

Whereas the great and generall court or assembly of the province of 
the Massachusetts Bay in New England, at their several sessions in 
the years 1713, 1715, 1716, did pass four several grants of taxes on 
polls and estates, as funds and security for the payment and drawing in 
severall sums in the bills of credit on this province, ordered to be im- 
printed, repeated and issued out of the publick treasury for the service 
of the government ; that is to say, at their sessions begun and held the 
fourteenth day of October, 1713,* one thousand pounds ; at their session 
held the twenty-third day of November, 1715,f four thousand pounds ; 
at their session held the thirtieth day of May, 1716,| five tliousand 
pounds ; at their session held the seventh day of November, 1716,§ six 
thousand pounds ; applyed to the ends and uses in the said grants 
particularly enumerated and expressed, and by the resolves of the court 
that made the aforesaid grants, it was then ordered that the said sum of 
sixteen thousand pounds shall be apportioned, assessed and levied on 
polls, and estates both real and personal, within this province, according 
to such rules and in such proportion, upon the severall towns and dis- 
tricts within the same, as shall be agreed on and ordered by this court 
in their present session ; wherefore, for the ordering, directing and per- 
fecting the said sum of four thousand and ten pounds ten shillings and 
sixpence, which, with the sum of eleven thousand nine hundred eighty- 
nine pounds nine shillings and sixpence, by the dutj^s of impost and 
tannage of shipping and excise, together Avith the income of the bills 
lett out, and the lighthouse, will make the sum of sixteen thousand 
pounds, pursuant to the funds and grants aforesaid, which is unani- 
mously approved, ratified and confirmed, we, his majestie's lo3'al and 
dutyfull subjects, the representatives in general court assembled, pray 
that it be enacted, — 

And be it accordingly enacted hy His Excellency the Governour, Coun- 
cil and Representatives in Genercd Court assembled, and by the authority 
of the same, 

[Sect. 1.] That each town or district within this province be as- 
sessed and pay, as such town and district's proportion of the aforesaid 
four thousand and ten pounds ten shillings and sixpence, the sum fol- 
lowing ; that is to say, — 



IN THE COUNTY OF SUFFOLK. 

Boston, seven hundred thirty-two pounds fourteen 

shillings and tenpence, £732 14s. lOd. 

Roxburj', forty-one pound eighteen shillings and four- 
pence, 41 18 4 

Dorchester, fifty-five pounds sixteen shillings and two- 
pence, 55 16 2 

Hingham, forty-two pounds and eleven shillings, . 42 11 

Brantrey, forty-three pounds eighteen shillings and 

twopence, 43 18 2 

Dedham, thirt^'-six pounds thirteen shillings and six- 
pence, 36 13 6 

Medfield, twenty pounds twelve shillings, . . . 20 12 



* Notes to 1713-14, resolve (b). 
t Notes to 171-5-16, resolve (6). 



X Notes to 1716-17, resolve (a). 
§ Ibid , resolve (b). 



. 29 


9 


8 


;, 21 


10 


2 


. 9 


19 


2 


u 
. 21 


16 


10 


- 

. 28 


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. 21 


1 


6 


. 17 


5 


6 


- 

. 12 


17 


2 


. 5 


3 





i 
. 106 


8 


1 


. 114 


7 


6 



IM Peovince Laws.— 1719-20. [Chap. 7.] 

Medway, nine pounds nineteen shillings and twopence, £9 19s. 2d. 

Weymouth, twenty-nine pounds nine shillings and 
eightpence, ....... 

Milton, twenty-one pounds ten shillings and twopence, 

Hull, nine p'ounds nineteen shillings and twopence, 

Wrentham, twenty-one pounds sixteen shillings and 
tenpence, ....... 

Mendon, twenty-eight pounds six shillings and two- 
pence, 

Woodstock, twenty-one pounds one shilling and six- 
pence, ........ 

Brookline, seventeen pounds five shillings and six- 
pence, ........ 

Needham, twelve pounds seventeen shillings and two- 
pence, ........ 

Oxford, five pounds and three shillings, 

IN THE COUNTY OF ESSEX. 

Salem, one hundred and six pounds eight shillings and 
one penny, ....... 

Ipswich, one hundi'ed and fourteen pounds seven shil- 
lings and sixpence, ...... 

Newbur}', ninetj'-five pounds eleven shillings and 

eightpence, . . . . . . . . 95 11 8 

Marblehead, ninety pounds twelve shillings and one 

penny, 90 12 1 

Lynn, forty-nine pounds fifteen shillings and tenpence, 49 15 10 

Andover, forty-seven pounds one shilling and four- 
pence, ......... 47 1 4 

Beverly, forty pounds twelve shillings and sixpence, . 40 12 6 

Rowley, thirty-seven pounds thirteen shillings and 

eightpence, . . . . . . . . 37 13 8 

^ Salisbury, thirty-two pounds seventeen shillings and 

ninepence, . . . . . . . . 32 17 9 

Haverhill, fort^^-three pounds four shillings and two- 
pence, . . . . . . . . . 43 4 2 

Glocester, forty-eight pounds thi-ee shillings and two- 
pence, . . . . . . . . . 48 3 2 

Topsfield, twenty pounds eight shillings and sixpence, 20 8 6 

Boxford, eighteen pounds five shillings and eightpence, 18 5 8 

Amesbury, twentj-niue pounds seventeen shillings and 

twopence, 29 17 2 

Bradford, twenty pounds two shillings and twopence, 20 2 2 

Wenham, eighteen pounds twelve shillings and five- 
pence, 18 12 5 

Manchester, eight pounds thirteen shillings and six- 
pence, . . . . . . . . . 8 13 6 

IN THE COUNTY OF MIDDLESEX, 

Cambridge, thirty-three pounds thirteen shillings and 

one pennj', . . . . . . . . 33 13 1 

Charlestown, ninety pounds sixteen shillings and two- 
pence, 90 16 2 

Watertown, thirtj^-six pounds eighteen shillings and 

tenpence, 36 18 10 

Weston, fifteen pounds twelve shillings and eleven- 
pence, 15 12 11 

Concord, fifty-one pounds eleven and twopence, . . 51 11 2 



[1st Sess.] Province Laws.— 1719-20. 145 

Woboiirn, forty-nine pounds eighteen shillings and 

twopence, £49 18s. 2c?. 

Reading, thirt3'-foar pounds sixteen shillings and ten- 
pence, . . . . . . . • . 34 IG 10 

Sudbury, forty pounds twelye shillings and twopence, 40 12 2 

Marlborough, thirty-nine pounds sixteen shillings and 

sixpence, . . . . . . . . 39 16 6 

Lexington, twenty-four pounds and tenpence, . .24 10 

Newtown, thirty pounds thirteen shillings and nine- 
pence, . . . . . . 

Maiden, twenty-five pounds six shillings and sixpence, 25 6 

Chelmsford, thirty-two pounds two shillings and two- 
pence, . . . . . . . . • 

Billerica, thirty-one pounds thirteen shillings and two- 
pence, ......... 

Sherbourn, twenty-one pounds six shillings and two- 
pence, ......... 

Westborough, eight pounds fifteen shillings and two- 
pence, ......... 

Groton, twenty-two pounds four shillings and five- 
pence, ......... 

Lancaster, twenty-four pounds seventeen shillings and 
twopence, ........ 

Framingham, twenty-five pounds five shillings and 
tenpence, ........ 

Medford, twelve pounds sixteen shillings and two- 
pence, ......... 

Stow, nineteen pounds four shillings and one penny, . 

Dunstable, seven pounds thirteen shillings and eleven- 
pence, ......... 

Littleton, four pounds, ...... 

Dracutt, five pounds nineteen shillings and twopence, 

Worcester, four pounds, ...... 

IN THE COUNTY OF HAMPSHIRE. 

Springfield, fifty pounds two shillings and ninepence, . 50 [2 9*] 

North hampton, thirty-eight pounds nineteen shillings 
and threepence, ....... 

Hadley, twenty -two pounds nineteen shillings, 

Hatfield, eighteen pounds fourteen shillings and four- 
pence, ......... 

Westfield, nineteen pounds eighteen shillings and 
threepence, ........ 

Suflield, twent^'-one pounds eighteen shillings and one 
penny, 

Enfield, twentj^-two pounds seven shillings and two- 
pence, ......... 

Deerfield, ten pounds and thirteen shillings, 

Brookfield, four pounds, ...... 

Sunderland, two pounds, ...... 

IN THE COUNTY OP PLYMOUTH. 

Plymouth, forty-eight pounds and tenpence, 

Plympton, twenty-one pounds eleven shillings and 
twopence, ........ 

Situate, sixtj'-three pounds thirteen shillings and two- 
pence, ......'.. 

* A part of the parchment destroyed. 



30 
25 


13 
6 


9 
6 


32 


2 


2 


31 


13 


2 


21 


6 


2 


8 


15 


2 


22 


4 


5 


24 


17 


2 


25 


5 


10 


12 
19 


16 
4 


2 

1 


7 
4 
5 
4 


13 


19 



11 



2 




38 

22 


[19 
[19 


3*" 

0*; 


18 


14 


[4*] 


19 


18 


3 


21 


18 


1 


22 

10 
4 

2 


7 

13 






2 






48 





10 


21 


11 


2 


63 


13 


2 



14G Peovince Laws.— 1719-20. [Chap. 7.] 

Bridgwater, forty-five pounds eight shillings and 
elevenpence, . . . 

Marishfield, thirty-three pounds eighteen shillings and 
tenpence, ........ 

Pembrook, fifteen pounds twelve shillings and four- 
pence, ......... 

Duxborough, twenty pounds nineteen shillings and 
sixpence, ........ 

Middleboro, twenty-five pounds nine shillings and nine- 
pence, 

Eochester, twenty-four pounds eight shillings and six- 
pence, 

Abbington, seven pounds one shilling and four- 
pence, ......... 

IN THE COUNTY OF BARNSTABLE. 

Barnstable, fifty-five pounds four shillings and six- 
pence, . . ♦ . 

Sandwich, thirtj^-five pounds seven shillings and six- 
pence, ......... 

Eastham, thirty-seven pounds nine shillings and five- 
pence, ......... 

Truro, seventeen pounds eighteen shillings and one 
penny, . • . 

Yarmouth, thirty-four pounds and ten shillings, . 

Harwich, twenty-three pounds seventeen shillings and 
sixpence, ........ 

Falmouth, thirteen pounds eighteen shillings and nine- 
pence, 

Chatham, eleven pounds and nineteen shillings, . 

IN THE COUNTY OF BRISTOL. 

Bristol, thirty-three pounds four shillings and one 
penny, 

Taunton, forty-nine pounds and eleven shillings, . 

Norton, with North Purchase, nineteen pounds fifteen 
shillings and twopence, ...... 

Dartmouth, fift^'-four pounds and eight shillings, 

Dighton, twenty-two pounds thirteen shillings and one 
penny, . ' 

Eehoboth, fifty-three pounds eight shillings and nine- 
pence, ......... 

Little Compton, forty pounds and nineteen shillings, . 

Swansey, thirty-five pounds seven shillings and two- 
pence, ......... 

Tiverton, eighteen pounds and six shillings, 

Freetown, sixteen pounds and six shillings, 
• Attleborough, twenty-two pounds six shillings and one 
penny, 

Barrington, eleven pounds and nineteen shillings, 

IN DUKES COUNTY. 

Edgartown, fifteen pounds eighteen shillings and six- 
pence, 

Chilmark, twenty-five pounds seventeen shillings and 
niuepence, ........ 

Tisbur^', seven pounds nineteen shillings and two- 
pence, 7 



■45 


8s. 


lid 


33 


18 


10 


15 


12 


4 


20 


19 


6 


25 


9 


9 


24 


8 


6 


7 


1 


4 


55 


4 


6 


35 


7 


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37 


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23 


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33 


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19 


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54 


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22 


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35 


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16 


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22 


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15 


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19 


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43 


16 


2 


19 


6 


5 


2 








2 








19 


2 


6 



[1st Sess.] Province Laws.— 1719-20. 147 

IN THE COUNTY OF TORKE. 

Yorke, twenty-eight pounds seventeen shillings and 

sixpence, ........ £28 17s. 6d. 

Kittery, forty-three pounds sixteen shillings and two- 
pence, ........ 

Berwick, nineteen pounds six shillings and fivepence, 

Falmouth, two pounds, ..... 

Biddiford, two pounds, 

Wells, nineteen pounds two shillings and sixpence, 

Nantuckett, fifty-one pounds fifteen shillings and five- 
pence, . . . . 51 15 5 

And be it further enacted by the authority aforesaid, 
[Sect. 2.] That the treasurer do forthwith send out his warrants, 
directed to the selectmen or assessors of each town or district within 
this province, requireing them, respectivel}^, to assess the sum hereby set 
upon such town and district, in manner following ; that is to say, to 
assess all ratable male polls above the age of sixteen years at twenty 
pence the poll (except the governour and lieutenant-governour and 
their families, the president, fellows and students of Harvard College, 
setled ministers and grammar-school masters, who are hereby exempted, 
as well from being taxed for their polls, as for their estates being in 
their own hand and under their actual management and improvement), 
and other persons (if such there be) who thro age, infirmity or-extream 
poverty, in the judgement of the assessors, are not capable to pay 
towards publick charges, they may except their polls and so much of 
their estates as, in their prudence, they shall think fit and judge meet ; 
and all estates, both real and personal, lying within the limits and 
bounds of such town or district, or next unto the same, not paying else- 
where, in whose hand, tenure, occupation or possession soever the same 
is or shall be found ; and income by any trade or faculty which any per- 
son or persons (except as before excepted) do or shall exercise in gain- 
ing, b}^ monies or other estate not particularly otherwise assessed, or 
commissions of profit in their improvement, according to their under- 
standing and cunning, at one penny on the pound ; and to abate or mul- 
tiply the same, if need be, so as to make up the sum hereby set and 
ordered for such town or district to pay ; and, in making their assess- 
ment, to estimate houses and lands at six years' income of the yearly 
rents whereat they may be reasonably set or lett for in the places Avhere 
they l^'e (saving all contracts betwixt landlord and tenant, and, where 
no such contract is, the landlord to reimburse one-half of the tax set upon 
such houses and lands) , and to estimate Indian, negro and molatto ser- 
vants, proportionably, as other personal estate, according to their sound 
judgement and discretion : as also to estimate ever}- ox of four years old 
and upwards, at forty shillings ; ever}'- cow of three years old and up- 
wards, at thirty shillings ; every horse and mare of three years old and 
upwards, at forty shillings ; every swine of one year old and upwards, 
at eight shillings ; every sheep and goat of one j'ear old and upwards, 
at four shillings : likewise requireing the assessors to make a fair list 
of the said assessment, setting forth, in distinct columns, against each 
particular person's name, how much he or she is assessed at for polls, 
and how much for houses and lands, and how much for personal estate 
. and income by trade or faculty ; and the list or lists so perfected and 
signed by them, or the major part of them, to committ to the collectors, 
constable or constables of such town or district, and to return a certifi- 
cate of the name or names of such collector, constable or constables, 
together with the sum total to each of them respectively committed, 
unto himself some time before the last day of September next. 



148 Peovince Laws.— 1719-20. [Chap. 7.] 

[Sect. 3.] And the treasurer for the time being, upon the receipt of 
such certificate, is hereby impowred and ordered to issue forth his war- 
rants to the collectors, constable or constables of such towns or districts, 
requireing him or them, respectively, to collect the whole of each respec- 
tive sum assessed on each particular person, before the last day of 
March next ; and of the inhabitants of the town of Boston, to collect 
their proportion sometime in the month of January aforegoing ; and to 
pay in their collections and issue the accompts of the whole at or 
before the last day of May next, which will be in the year of our Lord 
one thousand seven hundred and twenty. 

And be it further enacted by the authority aforesaid, 

[Sect. 4.] That the assessors of each town and district, respec- 
tively, in convenient time before their making the assessment, shall give 
seasonable warning to the inhabitants in a town meeting, or by lasting 
up notifications in some place or places in such town oi- district, or 
otherwise to notify the inhabitants to give or bring into the s'd assess- 
ors, true and perfect lists of their polls and ratable estate ; and if any 
person or persons shall neglect or refuse so to do, or bring in a false 
list, it shall be lawfull to and for the assessors to assess such person 
or persons according to their known ability within such town, in their 
sound judgement and discretion, their due proportion to this tax, as 
near as they can, according to the rules herein given, under the penalty 
of twenty shillings for each person that shall be convicted by legal 
proof, in the judgement of the assessors, of bringing in a false bill : the 
said fine to be for the use of the poor of such town or district where 
the delinquent lives, to be levyed by warrant from the assessors, di- 
rected to the collector or constable, in manner as is directed for gather- 
ing of town assessments, and to be paid in to the town treasurer or 
selectmen for the use aforesaid : saving to the party agrieved att the 
judgement of the assessors in setting such fine, liberty of appeal there- 
from to the court of general sessions of the peace within the county, for 
relief, as in case of being overrated. 

[Sect. 5.] And if the party be not convicted of any falseness in the 
list by him presented of polls, rateable estate, and income by any trade 
or faculty which he doth or shall exercise in gaining, by money or other 
estate, not particularly otherwise assessed, such list shall be a rule for 
such person's proportion to the tax, which the assessors may not exceed. 
[^Passed June 30 ; published July 4. 



[2d Sess.] Peovince Laws.— 1719-20. 149 



ACTS 

Passed at the Session begun and held at Boston, 
ON THE Fourth day of November, A.D. 17 19. 



CHAPTER 8. 

AN ACT FOR THE SUPPRESSING OF LOTTERIES. 

Whereas there have lately been set[t] up within this province cer- Preamble. 
tain mischievous and unlawful games, called lotteries, whereby the 
children and servants of several gentlemen, merchants and traders, and 
other unwary people have been drawn into a vain and foolish expence 
of mone}-, which tends to the utter mine and impoverishment of many 
families, and is to the reproach of this government, and against the 
common good, trade, welfare and peace of the province ; for remedy 
whereof, — 

Be it enacted, adjudged and declared, and it is hereby enctcted, ad- 
judged and declared by His Excellency the Governour, Council and Rep- 
resentatives in General Court assembled, and by the authority of the 
same, 

TSect. 1.1 That all such lotteries, and all other lotteries are com- Lotteries a pub- 

-, "i ^• ^ lie nuisance. 

mon and publick nusances. 

And it is further enacted by the authority aforesaid, 

[Sect. 2.] That from and after the publication of this act no per- Two hundred 
son or persons whatsoever shall publickly or private^ exercise, keep urefor Betting 
open, show or expose to be played at, drawn at, or thrown at, or shall up lotteries. 
di-aw, play or throw at, any such lottery, or any other lottery, either 
by dice, lotts, cards, balls or any other numbers or figures, or any other 
way whatsoever ; and every person or persons that shall, after the pub- 
lication of this act as aforesaid, exercise, expose, open or show to be 
played, thrown or drawn at, any such lottery, play or device, or other 
lottery, shall forfeit for every such offence the sum of two hundred 
pounds, to be recovered b}^ information, bill, plaint or action at law, in 
!jny of his maj[es^?/'s][ies] courts of record within this province, wherein 
no essoign, protection or wager of law shall be allowed ; one-half there- 
of to be [to] the king's maj[es^]y, to be applied towards the support of 
this governm[en]t, and the other half to him or them that shall inform 
and sue for the same. 

And be it Jurther enacted, 

[Sect. 3.] That every person or persons that after the publication Ten pounds for. 
of this act as afores[ai]d, shall play, throw or draw at any such lot- fug^aUotterieZ" 
ter}^, play or device, or other lotteries, shall forfeit for every such 
offence, the sum of ten pounds, to be recovered by information, bill, 
plaint or action at law, in any of his maj[es^/'s][ies] courts of record, 
within this province, wherein no essoign, protection or wager of law 
shall be allowed ; one half part thereof to be to the king's majesty, to 
be applied towards 'the support of this governm[eri]t, \_and'] the other 
half to him or them that shall inform and sue for the same. 



150 



Province Laws. — 1719-20. 



[Chap. 9.] 



Officers to pre- 
veut lotteries. 



And be it further enacted by the authority aforesaid, 
[Sect. 4.] That for the more efiectual suppressing and preventing 
such unlawful lotteries, the justices of the peace, sheriffs, undersheriffs, 
sheriffs' deputies and constables, within their respective jurisdictions, 
he impowred and required to use their utmost endeavours to prevent the 
drawing of any such unlawful lottery, heretofore or hereafter to be set 
up, by all lawful means whatsoever. [Passed and published Novem- 
ber 7. 



CHAPTER 9. 

AN ACT IN FURTHER ADDITION TO, AND SUPPLEMENT OF, AN ACT EN- 
TITULED "AN ACT FOR MAKING LANDS AND TENEMENTS LIASLE TO 
THE PAYMENT OF DEBTS," MADE AND PASSED IN THE EIGHTH YEAR 
OF KING WILLIAM. 



Real estates of 
debtors liable to 
executions. 

1696, chap. 10. 
1712-13, chap. 8. 
1716-17, chap. 3. 



15 Mass. 201. 
3 Pick. 334. 

Saving equity 
of redemption. 

Execution to be 
extended on 
rents. 



Proviso. 



Be it enacted by His Excellency the Governour, Coimcil and Represen- 
tatives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That when any person or persons shall recover judg"[e]- 
ment in any of his majest[?/][ie]'s courts within this province, for any 
sum or sums of money, or any other specie, or for costs of suit, and the 
person or persons against whom judg[e]ment shall be recovered is 
either unwilling or unable to satisfy such judg[e]ment by money or 
other specie, and the creditor or creditors finding no other personal 
estate to his or their acceptance to extend execution upon, for satisfac- 
tion thereof, and doth therefore think fit to levy upon the real estate of 
such debtor or debtors for the end aforesaid, rather than on the person 
of the debtor ; that then and in every such case, the sheriff, under- 
sheriff' or deputy, shall cause three indifferent, discreet men, being free- 
holders in the county, one to be chosen by the creditor or creditors, one 
by the debtor or debtors, if he or they see cause, and the third by the 
sheriff' or other officer that shall serve the same, to be sworn before one 
or more of his inajest[?/][ie]'s justices in [the] said county, faithfully 
and impartially to apprize such real estate, as shall be shewn [un]to 
them, who shall apprize the same to satisfy the execution, with all fees, 
and set[t] out such estate by meets and bounds ; and the sheriff or 
other officer shall deliver possession and seizen thereof to the creditor 
or creditors, his or their attorney ; which being returned and recorded 
in the clerk's office of the court out of which the same issued, shall 
make a good title to such creditor or creditors, his or their heirs and 
assigns, in fee ; saving equity by redemption as- by law is prescribed. 

[Sect. 2.] And when it so happens that the real estate extended 
upon cannot be divided and set out by meets and bounds, as before 
prescribed, that then execution shall be extended upon the rents of such 
real estate, and seizen given thereof to the creditor or creditors, his or 
their attorney, and cause the person or persons in the possession and 
improvement to attorn and become tenant or tenants to such creditor 
or creditors, and to pay their rents to him or them accordingly ; and, 
upon refusal thereof, to turn the person or persons out of the possession 
thereof, and give livery, seizen and possession of the same to the cred- 
itor or creditors, to hold and enjoy all such real estate to him or them, 
their heirs or assigns, till the judg[e]raent, inter[r]est and fees be fully 
satisfied and paid, reserving thereout the widow's thirds or dower, if 
any there be. 

Provided ahva[y^[[e']s, 

[Sect. 3.] That it shall and may be lawful for any debtor or debt- 



[2d Sess.] Province Laws.— 1719-20. 151 

ors, Ms or their heirs, executors or administrators, at any time or times 
before the judg[e]ment, with the inter[r]est and charges, be fully sat- 
isfied, to tender and pay to the creditor or creditors, his or their heirs 
or assigns, the full remainder of the debt, inter [r] est and charges, who 
is obliged to accept thereof, and surrender up all such real estate to the 
debtor or debtors, his heirs, executors or administrators, and deliver up 
peaceable and quiet possession thereof. 

And be it further enacted by the authority aforesaid, 

[Sect. 4.] That an act made and passed in the second year of his Act repealed. 
present majesty, entituled "An act in further addition to an act enti- 1716.17, chap. 3. 
tuled ' an act for [the] making lands and tenements liable to the pay- 
ment of debts,' made and passed in the eighth year of the reign of King 
William," and all and singular the clauses, paragi'aphs, articles, direc- 
tions, matters and things in the said act contained, be, and hereby are 
repealed, made null and void. 

Provided a?zc'o[?/][ie]s, 

[Sect. 5.] That all real estates taken in execution and levied upon. Proviso. 
and all other acts and things done pursuant to and by virtue of the 
aforesaid law, notwithstanding the repealing [tjhereof, shall be held 
good and effectual to all intents and purposes ; and whoever is in the 
possession of any real estate by means thereof, it shall be' a good estate 
in fee to him or them, their heirs and assigns ; any law, usage or cus- 
tom to the contrary thereof notwithstanding. 

Provided also, 

[Sect. 6.] That nothing in this act contained shall extend to the proviso. 
lauds owned by the Indian natives of this province. \_Passed Novem- 
ber 21 ; published November 25. 



CHAPTER 10. 

AN ACT FOR THE REGULATION OF THE DECREES AND OTHER PROCEED- 
INGS OF THE SEVERAL JUDGES OF PROBATE IN THE RESPECTIVE 
COUNTIES OF THIS PROVINCE, AND OF APPEALS THEREFROM. 

Be it enacted by His Excellency the Governour, Council and Represen- * 

tatives in Gen[_ercty[\^ Court assembled, and by the authority of the 
same, 

[Sect. 1.] That after the decease of any person intestate, letters of Letters of ad- 
administration be taken out within thirty days, or sooner, and an in- &c"ofTnte".' 
ventor}^ taken of all the estate of the deceased within tlu-ee months, or tate estates, to 
sooner, by three suitable persons, appointed and put upon oath for ^® t**^**" °"'- 
their due performance of that service, b}' the judge, or one justice in See 1692.3, chap 
the said count}-, in case the estate be not in the town where the judge ^^' 
himself dwells, or within ten miles thereof; a certificate of such ap- 
pointm[en]t and oath taken by the justice, to be returned to the pro- 
bate ofHce with the said inventory. 

And be it further enacted by the authority aforesaid, 

[Sect. 2.] That when the execut[o]r or administrat[o]r of any es- Administrators 
tate shall obtain licence from the superiour court to make sale of all or f"'^^i^e*''^"{jj[c 
any part of the housing and lands of the deceased, for the payment of notice of the 
debts, before sale be made of any such housing and lands, the execu- |^^e of lands, 
t[o]r or administrat[o]r shall give thirty days' publick notice, b}' post- 
ing up notifications of such sale in the town where the deceased person 
last dwelt, and in the two next adjo[Q[y]niug towns, as also in the 
shire town of the said county ; and whosoever will give most shall have 



152 



Province Laws.— 1719-20. [Chap. 10.] 



Estate not be- 
queathed to be 
distributed as 
intestate es- 
tates. 



Division of real 
estate of intes- 
tates. 

4 Mass., 119, 120. 
7 Mass., 84. 
13 Mass., 417. 



Limitation of 
appeals from 
judges of pro- 
bate. 



Proviso. 



Guardians for 
persons under 
age, and 7i07i 
compos. 



the preference in such sale ; and in case it be an insolvent estate, the 
"whole produce of such sale to be divided in due proportion to and 
among the creditors. 

And whereas some doubt hath arisen touching such estate, real and 
personal, as is not plainly devised, given or bequeathed in any last will 
and testament, — 

Be it resolved and enacted, 

[Sect. 3.] That from and after the end of this present session of 
the general assembly, all such estate, wh[e][i]ther real or personal, that 
is not plainly given away or disposed of in and by the last will and tes- 
tament of any person thereafter to be proved, the same accordingly 
shall be distributed in the same manner as if it were an intestate estate, 
and the execut[o]r or executors shall administer on the same as such. 

And be it further enacted by the authority aforesaid, 

[Sect. 4. J That when the real[l] estate of an intestate will con- 
veniently accommodate more of the children than the eldest son, and 
being so represented and made to appear to the judge of probate, he 
shall have power to settle it on so many of the children (preference 
being alwa[2/][ie]s had to the sons) as it will conveniently accommo- 
date, without prejudice to or spoiling of the whole, in the manner as it 
was to have 'been settled upon the eldest son before the making of this 
act. 

And whereas, provision is already made for an appeal to the gover- 
nour and council from the orders, decrees, sentences or denials of the 
several judges for the probate of wills and granting letters of adminis- 
tration, within the respective counties of this province, but no time 
limited for the bringing such appeals, which has been found incon- 
venient. 

Be it therefore enacted by the cmthority aforesaid, 

[Sect. 5.] That no appeal from any sentence, order, decree, or de- 
nial of any of the judges for the probate of wills, and granting letters 
of administration, allowing accompts and distribution of estates, within 
this province, shall be admitted, unless it be claimed within six months 
after the making such order, sentence, decree or denial, and except 
security be given by the appellant, within ten clays, to prosecute the 
appeal with effect, and except reasons of appeal be filed in the register's 
office of the court of probate within ten days after security given, and 
fourteen da3-s at least before the hearing before the governour and coun- 
cil ; and in case the party or parties so appealing fail in the prosecu- 
tion of their said appeal to effect, in three months' time from the claim- 
ing the same, then the adverse party to have the benefit of the sentence, 
order or decree so appealed from, by filing a complaint to the governour 
and council, in like manner as is provided by law for not prosecuting 
an appeal from the judgement of an inferiour court. 

Provided alica [?/] [ie]s, 

[Sect. 6.] That any person beyond the sea, or out of New Eng- 
land, who has no sufficient attorney within this province at the time of 
such order, sentence, decree or denial, shall have six months after his 
or her return, or constitution of such attorney (unless such person was 
of age at his departure out of this province) to claim and prosecute 
their appeal, as aforesaid. 

And be it further enacted, 

[Sect. 7.] That before any decree, order or division be made con- 
cerning intestate estates, where any infants or persons under age or 
non compos are interested, guardians shall be appointed for all such 
persons, according to law, who shall be fully impowered to appeal from 
any such order, decree or sentence, if the}^ see cause, to be prosecuted 
ill manner as aforesaid. 



[2dSess.] Pjrovince Laws.— 1719-20. 153 

And be it further enacted, 

[Sect. 8.] That the judges [o/] [for] the probate of wills and for ^"f^^to ho,'^*"°e 
granting letters of administration of intestate esta[tu]tes in the respec- tain fixed days.* 
tive counties of the province, shall have and hold certain fixed days for 
the making and publishing their orders and decrees ; and such da^s to 
be determined and known by publiek notilication[.s] or advertisements 
in the several counties ; any law, usage or custom to the contrary not- 
withstanding. {^Passed December 5. 



CHAPTER 11. 

AN ACT IN ADDITION TO AN ACT ENTITULED "AN ACT REQUIRING THE 
TAKING THE OATHS APPOINTED TO BE TAKEN INSTEAD OF THE 
OATHS OF ALLEGIANCE AND SUPREMACY," MADE IN THE FOURTH 
YEAR OF THE REIGN OF THE LATE KING WILLIAM AND QUEEN MARY, 
OF BLESSED MEMORY. 

Whereas, by an act of parliament, made and pass[e]d in the first Preamble. 
3'ear of his present majesty's reign, entituled "An Act for the fnrther ]3. *""' " ^ ^^* 
security of his majesty's person and government, and the succession of 1002.3, chap. S4. 
the crown in the heirs of the late Princess Sophia, being Protestants, 
and for extingnishing the hopes of the pretended Prince of Wales, and 
his open and secret abettors," all officers and persons therein mentioned 
or described are enjoyned and obliged to take the oaths appointed to 
be taken instead of the oaths of allegiance and supremacy, in these 
words ; vizt., — 

I, A. B., do sincerely promise and swear that I will be faithful [1], and bear 
true allegiance to his majesty King George. So help me God. 

I, A. B., do swear that I do from my heart abhor, detest and abjure, as im- 
pious and heretical, that damnable doctrine and position, that princes excom- 
municated or deprived by the pope, or any authority of the See of Rome, may 
be deposed or murthered by their sul^jects or any other whatsoever. And I 
do declare, that no foreign prince, person, prelate, state or potentate, hath or 
ought to have any jurisdiction, power, superiority, preheminence or author- 
ity, ecclesiastical or spiritual, within this realm. So helj) me God. 

— and also to take and subscribe the following oath ; vizt., — 

I, A. B., do truly and sincerely acknowledge, profess, testify and declare in 
my conscience, before God and the world, that our soveraign lord King George 
is lawful [1] and rightful [1] king of this realm, and all other his majesty's do- 
minions and countries thereunto belonging. And I do solemnly and sincerely 
declare, (hat I do believe in my conscience, that the person pretended to be 
Prince of Wales during the life of the late King James, and since his decease 
pretending to be, and taking upon himself the stile and title of, King of Eng- 
land, l)y the name of James the TJiird, or of Scotland, by the name of James 
the Eighth, or the stile and title of King of Great Britain, hath not any right 
or title whatsoever to the crown of this realm, or any other the dominions 
thereto belonging. And I do renounce, refuse and abjure any allegiance or 
obedience to him. And I do swear that I will bear faith and true allegiance 
to his majesty King George, and him will defend to the utmost of my power 
against all traiterous consi^iracies and attempts whatsoever which shall be 
made against his person, crown or dignity ; and I will do my utmost endeav- 
our to disclose and make known to his majesty and his successo[u]rs all trea- 
sons and traiterous conspiracies which I shall know to be against him or any 
of them. And I do faithfully promise, to the utmost of my power, to support, 
maintain and defend the succession of the crown against him, the said James, 
and all other persons whatsoever; which succession, by an act" entituled 
"An Act for the further limitation of the crown, and better securing the 12&13W. IIL, 
rights and liberties of the subject," is and stands limited to the Princess Sophia, '''^^P- ^■ 

20 



154 



Province Laws. — 1719-20. 



[Chap. 11.] 



Electoress and Dutchess-dowager of Hanover, and the heirs of her body, being 
Protestants. And all these thtngs I do plainly and sincerely acknowle[rf]ge, 
and swear, according to these express words by me spoken, and according to 
the 25lain and common sen[j?] [c]e and undei'standing of the same words, with- 
out any equivocation, mental evasion, or secret reservation whatsoever. And 
I do make this recognition, acknowleclg[e]m[c?*]t, abjuration, renunciation, 
and promise heartily, willingly and truly, u^jon the true faith of a Christian. 
So help me God. 



OflBceis obliged 
to take the 
oaths to his 
majesty. 



Others obliged 
thereto whea 
required. 



Justices em- 
powered to ad- 
minister the 
oaths. 



Forty shillings 
or imprison- 
ment for the 
first refusal. 



— now, to the intent that all persons whomsoever sustaining or holding 
any office within his majesty'.s government of this province, by vertue 
of any commission from bis excellency the governour, or by authority 
derived from him, take and subscribe the afores[a?"]d oaths ; and also 
to discourage and prevent all persons disaffected to his majesty's right- 
ful[l] and happy government, and the Protestant succession as by law 
established, from coming into or residing within this province, — 

Be it enacted by His Excellency the Govern[_ou']r, Council and Rep- 
resentatives in Genercd Court assembled, and by the autJiority of the 
same, 

[Sect. 1.] That as well the members of his majesty's council, the 
representatives in the general assembly, as all and every person and 
persons that have, bear or sustain any office or offices within this prov- 
ince, by A'ertue of any commission from his excellency the governour, 
or by authority derived from him, shall, before they enter upon and act 
in their respective offices, before his excellency the governour, lieu- 
t[^enant'] governour, two or more of the council, or such others as shall 
be thereto appointed by the governour, take and subscribe the several 
oaths herein before mentioned : and in case such officer or officers neg- 
lect or refuse to take the said oaths, or subscribe thereto, they shall be 
^pso facto adjudged uncapable and disabled in law to have, occupy or 
enjoy the said otlice or otlices, imployment or imployments, or any part 
of them, or any profit or advantage thereby; and every such office, 
place or imployment shall be adjudged utterly void. 

And be it further enacted by the authority afo7'es[^ai~\d, 

[Sect. 2.] That all and every other person or persons whatsoever, 
now inhabiting or residing within this province or which shall at any 
time hereafter reside or dwell within the same, shall, when thereunto 
required by two of his majesty's justices of the peace, quorum unus, 
take and subscribe the oaths aforesaid. 

And be it further enacted by the cmthority aforesaid, 

[Sect. 3.] That it shall and may be lawful[Z] to and for any two 
justices of the peace, quorum unus, in their respective counties, to give 
and administer the oaths afores[ai]d, from time to time, to any person 
or persons ; and upon due tender of any such person or persons to take 
the said oaths, the said two justices are hereby required and enjoyned 
to administer the same, and a list of the names of all persons so sworn 
to be returned into the secretary's office. 

And be it further enacted, 

[Sect. 4.] That it shall and may be lawful[l] to and for two or 
more justices of the peace, quorum unus, to tender the oaths hereinbe- 
fore appointed to be taken, to any person or persons whomsoever whom 
they shall or may suspect to be disaffected to his majesty or his gov- 
ernment. And if any person or persons, to whom the said oaths shall 
be so tendered, shall neglect or refuse to take the same, the said jus- 
tices shall commit the said person or persons so refusing to the com- 
mon goal, there to remain, without bail or mainprize, for the space of 
three months, unless such offender shall pay down to the said justices 
so tendering the said oaths, such sum of mone}^ not exceeding forty 
shillings, as the said justices shall require such offender to pay for hi3 



[2d Sess.] Province Laws.— 1719-20. 155 

said refusal, which money shall be to his majesty, for the support of the 
government of this province ; and unless such refuser become bound, 
with two sufficient sureties, for the good behaviour, and also to appear 
at the next general quarter sessions of the peace, to be held for the same 
county where he doth inhabit or reside, at which court the said oaths 
shall be again tendered to him by the justices of the said court, in open 
sessions, and if he then refuses to take the said oaths, the said justicc[s] Ten pounds or 

°^ ' ^ • j_ J.1 1 imprisonment, 

shall commit the said person or persons so refusing to the common goal, &c., for refusal 
there to remain for the space of six months, unless every such ofiender ^^fore the ses- 
shall pay down to the said justices such sum of money, not exceeding 
ten pounds nor under five pounds, as the said justices shall require to 
be paid for his second refusal, the said money to be disposed in manner 
as aforesaid ; and unless every such ottender shall likewise become 
bound, with two sufficient sureties, with condition to be of the good 
behaviour, until [1] he take the said oaths ; and all such persons so 
refusing are hereby rendered uucapableof giving any vote for repre- 
sentatives or jurors or in the choice of any town officers. 

And ivhereas the . people called Quakers scruple the taking any 
oath, — 

Be it enacted by the authorit)/ aforesaid, 

[Sect. 5.] That every such person, over and above the declaration 1692-3, chap. 34, 
of fidelity already enjoined them by the law of this province, shall, for 
the future, if thereunto required, make and subscribe the efiect of the 
abjuration oath, in the following words ; vizt., — 

I, A. B., do truly and sincerely acknowle[fZ]ge, profess testify and declare, Quaker's decia- 
in the presence of Almighty God, the witness of the truth of Av'hat I say, that "bjuratk.u''^ 
King George is lawful [1] and right [^^] [full] king of the realm of Great Bri- oath, 
tain, and of all other his dominions antl countries thereunto belonging. And 
I do solemnly and sincerely declare, that I do believe the person pretended to 
be the Prince of Wales, during the life of the late King James, and since Iiis 
decease pretending to be and taking upon himself the style and title of King 
of England, by the name of James the Third, or of Scotland, by the name of 
James the Eighth, or the style and title of King of Great Britain, hath not 
any right or title whatsoever to the crown of the realm of Great Britain, nor 
any other the dominions thereunto belonging ; and I do renounce and refuse 
any allegiance and obedience to him. Ancf I do solemnly promise, that I 
will be true and faithful [1], and bear true allegiance to King George, and to 
him will be faithful [1] against all traitorous. conspiracies and attempts Avhat- • 

soever which shall be made against his person, crown or dignity ; and I will 
do my best endeavour to disclose and make known to King George and his 
successo[u]rs all treasons and traitorous conspiracies which I shall know to 
be made against him or any of them ; and I will be true and faithful to the 
succession of the crown against him the said James, and all other persons 
whatsoever, as the same is ^nd stands set[/]led by an act intituled "An. Act i, "W. & M., 2d 
declaring the rights and hberties of the subject, and set[<]ling the succession ^*'^^-> ^^''P- ^• 
of the crown" to the late Queen Ann[c] and the heirs of her body, being 
Protestants ; and as the same by one other act, intituled " An Act for the fur- 12 & 13, w. m., 
ther limitation of the crown, and better securing the rights and liberties of the chap. 2. 
subject," is and stands set[/!]led and intailed, affifer the decease of the said late 
queen, and for default of issue of the said late queen, to the late Princess 
Sophia, Elect[o]ress and Dutchess-dowager of Hanover and the heirs of her 
body, being Protestants. And all these things I do plainly and sincerely 
acknowledge, promise and declare, according to these express words by me 
spoken, and according to the plain and common sen[.';] [c]e and understand- 
ing of the same words, without any equivocation, mental evasion or secret 
reservation whatsoever ; and I do riiake this recognition, acknowledgement, 
renunciation and promise heartily, willingly and truly. 

[_Passed December 2 ; publislied December 11. 



156 



Province Laws.— 1719-20. [Chaps. 12-14.] 



CHAPTEE 12. 



AN ACT REQUIRING THE SEVERAL TOWNS WITHIN THIS PROVINCE 
TO BE PROVIDED WITH STOCKS. 



Preamble. 



All towns to be 
provided with 
stocks. 

Five pounds 
penalty. 



Whereas the breach of sundry penal laws of this province is punish- 
able by putting in the stocks, where the offenders are unable to pay the 
respective lines by law set ; and many of the towns in the province are 
not provided with stocks, for want of which persons ofttimes go unpun- 
ished ; for prevention whereof, — 

Be it enacted by His Excellency tJie Governour, Council and Rejiresen- 
tatives in General Court assembled,, and by the autliority of the same, 

That from henceforth every town within this province be supplied with 
stocks ; and that if any town shall neglect the observation of this act, 
every such defective town shall forfeit and pay the sum of five pounds, 
for every conviction of such neglect, upon complaint made [?(H]to his 
majestie's justices, at their general session[s] of the peace ; the one half 
of said fines or forfeitures to be to his majesty, to be applied to and for 
the support of this government, [cw^d] the other half to him or them 
that shall inform and prosecute the same. {^Passed November 24 ; pub- 
lished December 11. 



CHAPTER 13. 

AN ACT FOR ENLARGING THE FEES OF GRAND JURORS, AND FOR FIX- 
ING AN ALLOWANCE TO THE SUPERIOUR COURT OF JUDICATURE FOR 
HEARING PETITIONS, AND GRANTING POWER FOR THE SALE OF LAND. 



Preamble. Whereas, the Stated allowance by law for grand jurors, of two shil- 

1694-5, c ap. -4, 2|j-,gg ^^^ diem, during their attendance at court, is thought too little, 

considering the great price of provisions and other necessar[ji"e][y]s, — 

Be it enacted by His Excellency the Governour, Council and Representa' 
tives in General Court assembled, and by the authority of the same, 

. [Sect. 1.] That the allowance of a grand juror', during his attend- 
ance on the court, and also for his necessary travel to and from the 
same, for the future, be three shillings per diem. 

And tuhereas a great part of the business of the superiour court is 
often taken up in hearing and granting petitions for the sale of land, 
and no fee yet stated by law for the same, — 

And be it further enacted by the authority aforesaid, 

[Sect. 2.] That the fee or allowance to the judges of the said court, 
on such petitions, be two shillings apiece to each judge present at the 
hearing of such petition, and no more. [^Passed December 5. 



Three shillings 
per diem for 
grand jujors. 



Judges' allow, 
anco for peti- 
tions. 



CHAPTER 14. 



AN ACT FOR ENABLING WILLIAM DUMMER, WILLIAM TAILER, SAMUEL 
SEW ALL AND PEN TOWNSEND, ESQRS., AND OTHERS, THE TRUSTEES OF 
THE PUBLIC LANDS IN HOPKINSTON, IN THE COUNTY OF MIDDLESEX, 
IN THE PROVINCE OF THE MASSACHUSETTS BAY IN NEW ENGLAND, TO 
MAKE LONG LEASES OF THE SAID LAND. 

\ Whereas, his excellency, Samuel Shute, Esq''- the honourable Joseph 
Dudley, William Dummer, William Tailer, Samuel Sewall and Peun 



[2d Sess.] Peovince Laws.— 1719-20. 157 

Townsencl, Esq"- with many other the trustees of the legacy of the 
Honourable Edward Hopkins, Esq""' deceased, stand seized of a large 
tract of land containing several thousand acres, known by the name of 
Hopkinston land, and lying within the town of Hopkinston in the 
county of Middlesex and province aforesaid, part thereof being pur- 
chased with tlie moneys given and bequeathed by the said Edward 
Hopkins, in and by his last will and testament, and ordered to be vested 
in a real estate, b}^ a decree of the high court of chauncery in England, 
for the use of Harvard College and the public school in Cambridge, in 
the county of Middlesex and province aforesaid, and the other part of 
the said tract of land given by the general assembly of this province 
to the said trustees for the same good and pious uses, ends and purposes 
with the legacy aforesaid, as may more at large appear by the decree 
and grant aforesaid, reference thereto being had ; and tvhereas the said 
lands are j'ct wast and wilderness land, under no improvement, but very 
capable of bringing in an annual profit in case the same might be leased 
out for a considerable term of 3-ears ; and forasmuch as some doubt 
hath arisen touching the power of the trustees, their demising or letting 
out the said land for a greater term than three lives, or twenty-one 
years, they being college and school lands ; for the quieting and deter- 
mination whereof, — 

Be it therefore declared and enacted by His Excellency the Governour, 
Council and Representatives in General Court assembled, and by the 
authority of the same, 

That the said William Dummer, William Taller, Samuel Sewall and 
Penn Townsend, Esq"- and others, the trustees of the said lands, or the 
major part of them, and their successors in the said trust, be, and hereby 
are, impowered at any time or times within the term of ten j'Cars next 
coming, to demise, lease and to farm lett the said tract of land, or any 
part thereof, for any number of 3'ears not exceeding ninety-nine years, 
upon such condition and under such reservations as may best answer 
the design of the said legacies and donations, and the trust reposed in 
the trustees ; any law, usage or custom to the contrary notwithstand- 
ing. [Passed December 3. 



CHAPTER 15. 

AN ACT TO PREVENT ALL QUESTIONS AND DISPUTES ABOUT THE ELEC- 
TION OF TOWN OFFICERS FOR THE TOWN OF BARRINGTON IN THE 
COUNTY OF BRISTOL, AND FOR THE FURTHER QUIET SETTLEMENT 
OF THE SAID TOWN. 

Be it enacted by His Excellency the Governour, Council and Represen- 
tatives in Genercd Court assembled, and by the authority of the same, 

That the election and choice of all the town officers made by the 
town of Barrington, by vertue of a warrant from Nathaniel Blagrove, 
Esq""' one of his majestie's justices of the peace for the county of Bris- 
tol, at their meeting on the tenth day of March, one thousand seven 
hundred and seventeen, be, and hereby is, confirmed and fully estab- 
lislied, and all acts, orders and town votes passed in pursuance of said 
warrant shall be deemed good and valid ; any law or usage to the 
contrary notwithstanding. \_Passed November 25. 

Notes. — The General Court held but two sessions this year. The second session, which 
continued until December 10, was then prorogued to March 13, and, on the 7th of March, 
again prorogued, by proclamation, to April 13, but, was dissolved by proclamation, April 



158 PROVINCE Laws.— 1719-20. [Notes.] 

The engrossments of all the foregoing acts are preserved ; and all, except chapters 6, 7, 
14 and 15, were printed with the sessions acts. 

The following are the titles of the private acts passed this year : — 

"An Act to Enable Daniel Bartlett of Mcndon to bring forward an Action of the Case 
between Nathaniel and Timothy Halloway of Tannton & the said Bartlett at the Su- 
perionr Court next to be Holden at Bristol within & for the County of Bristol." — [Passed 
June 29. 

"An Act to Enable Christopher Taylour of Boston to bring forward a new Tryal by Re- 
viewing a Cause between the Executors of James Taylour Dec>i and the said Christopher 
Taylour at the next Inferiour Court of Common Pleas to be held at Boston within the 
County of Suffolk." — [Passed November 19. 

"An Act to Enable John BaiTcU of Boston to make sale of two several Tenements situ- 
ated in Cornhill Street Boston to discharge a Mortgage by him & his late Wife made 
thereon." — [Passed December 8. 

The first action of the Board of Trade upon the acts of this year, that has been discov- 
ered, was the reference, Oct. 15, 1724, of all but chapters 6, 7, 14 and 15, to Mr. West, 'for 
his Opinion thereon in point of Law.' They are included in the list of acts described as 
being such as 'have not been already consider'd by the Board.' Mr. West reported, May 
20, 1725, a list of the titles of all the acts submitted to him, except chapter 5, with the state- 
ment that he had ' no ol.)jection to their being passed into Law.' As late as 1735 these acts 
were again considered by the Board and ordered 'to ly by.' See Notes to 1726-7, post. 

Chap. 6. "June 9. 1719. A Bill entituled An Act for Granting to his Majesty several 
Rates & Duties of Impost & Tunnage of Shipping. 

In Council ; Read a second Time, And the Question being put, Whether the Board pass 
a Concurrence on the Bill ? It was carried in the Negative. 

And Voted that the said Bill be Committed to Samuel Scwall, John Cushing, Thomas 
Fitch, Edmund Quincey & Jonathan Belcher Esq" in Order to have Amendm's made 
thereon & Reported to the Board." — Council Records, vol. X., p. 414. 

"June 11. 1719 A Message came up from the House of Representatives to know what 
is done by the Board with Respect to the Impost Bill & Vote for a Tax." — Ibid., p. 418, 

"June 12. 1719. The Comm'"* appointed by an Order of the Board to Consider the Im- 
post Bill & what Amendmt* are proper to be made upon it. Reported as follows : Viz., 

The Committee appointed to consider the Impost Bill humbly offer the following Arti- 
cles to be proposed to the Hon'^'® House of Representatives as Amendments to the Bill : — 
Imprimis, That those Words in the Preamble [Of which the Duties of Impost & Excise & 
Tunnage of Shipping were to be a Part] be left out ; For that several Taxes on Polls & 
Estates Real & Personal appear to be the only Fund & Security of £15000 of the £16000 to 
be raised this Year; — Secondly, That the Article in these Words [For every Hundred 
Pounds Sterling English Merchandize prime Cost, Twenty Shillings] be left out, as also 
the Article of Powder or Eighteen Pence per Tun on Shipping, the Owners whereof do 
. belong to Great Britain, For that We are humbly of Opinion the two last Clauses do 
nearly affect the Trade & Shipping of Great Britain & are contrai-y to his Majesties Royal 
Instruction to his Excellency the Govern'' Dated Sept. 7, 1717, Which by his Majesties 
special Command hath been communicated to this General Assembly. 

In Council ; Read & Accepted & Voted that a Message go down to the House of Repre- 
sentatives by Samuel Scwall, Nathaniel Byfield, John Cushing, Thomas Fitch, Edmund 
Quincey & Jonathan Belcher Esq''^ with the said Report & a Proposal that a separate Bill 
be made for the Impost on English Goods & Tunnage of Shipping belonging to Great 
Britain to be pass'd according to the Restriction in his Majesties additional Instruction to 
the Governour. 

A Message came up from the House by Oliver Noyes Esq"" Charles Chambers Esq'' M'' 
William Clark, Cpt. William Throop, M"^ Nathaniel Coffin, John Foye Esq'', Major 
Thomas Tilestone, M'' Peter Haynes, Abraham Preble Esq"", & Joseph Lothrop Esq"" That 
the House adhere to their Vote of the Tax of £3000 only. Because upon Calculation they 
find it sufficient with the other Funds to draw in the Sums laid on this Year, And that 
the House adhere to their Vote on the Impost Bill, The Impost being a Grant to his 
Majesty & so intermixt in the several Grants of the Court, that It cannot well be given 
up. And that the House cannot apprehend that His Majesties late Additional Instruction 
to the Governour can any Ways affect the Impost Bill." — Ibid., p. 419. 

" June 13. 1719. In Council; Voted that a Conference be desired with the Honourable 
House of Representatives on the Subject Matter of the Impost Bill, the Vote for a Tax 
for this present Year & the Vote for Answering the Agents two last Letters, 

In the House of Representatives ; Read & Non-Concur'd." — Ibid., p. 429. 

" June 16. 1719. In Council ; Voted that a Message be sent down to the House of Rep- 
resentatives by Samuel Sewall, Nathaniel Byfield, Edmund Quincey & Paul Dudley Esq''* 
To Desire that in the Preamble of the Impost Bill It may be more plainly express'd that 
but One Thousand Pounds of the £16000, have the Duties & Rates of Impost & Tunnage 
of Shipping for a Fund, That the Clause which says One Peny per Gallon on Rum & other 
distilled Spirits may be explained. And that the Vessels of New Hampshire may be ex- 
empted from the Duties of Tunnage as well as the Vessels of other Provinces in this 
Neighbourhood, And that It is the Opinion of the Board that an Impost on English Goods 
is inconsistent with his Majesties late Instruction to the Governour. 

The Vote of the House for Answering the Agents Letf Enter'd June 10, 1719. 

In Council, Read & Concur'd with the following Amendment; Viz., Instead of the 
Words [Excepting such Articles as relate to the Allowing of Money] the following Words 
should be inserted ; Viz., [Saving that the Clauses in the said Letters relating to Money 
have only a General Answer to this Purpose, That the Court will no Doubt have a sea- 
sonable & proper Consideration of them] 

In the House of Representatives ; Read & Non-Concur'd." — Ibid., p. 429. 

" A Message came up from the House of Representatives by Oliver Noyes Esq' & Cpt. 



[Notes.] Province Laws.— 1719-20. 159 

John Gardner with the Imi>ost Bill amended in the Article as to Rum & that the House 
insist on the Rest of the Bill."— Ibid., p. 430. 

"June 17, 1719. A Bill entitnlcd An Act for Granting to his Majesty several Rates & 
Duties of Impost & Tunnage of Shipping. 

In Council : Read a second Time & Concur'd with the Amendment, Excepting the 
Dutv of one per Cent, on English Goods. 

In the House of Representatives ; Read & Non-Concur'd And the whole Bill insisted on 
as last sent up A Message went down to the House of Representatives, That it is the 
Opinion of the Board, that It is most proper that the Impost on English Goods should be 
laid in a separate Bill, Which they are ready to come into. 

A Message came up from the House of Representatives by Charles Chambers Esq' & 
Cpt. John Gardner, To know what is done on the Vote for Answering the Agents Letters, 
And to Desire that the said Letters may be sent down to the House." — Ibid., p. 432. 

" June 17, 1719. In Council : Voted that the Board adhere to their Exception on the 
Impost Bill ; — And Voted that a Conference be desired with the Hon'^'" House of Repre- 
sentatives 00 the Subject Matter of the Duty laid on English Goods in the Impost Bill to 
be attended as soon as may be ; — In the House of Representatives ; Read & Concur'd, 
The Conference to be ToMoitow. 

In Council : Voted that the Hont'ie Samuel Sewall, Addington Davenport, Thomas 
Fitch & Edmund Quincey Esq^^ be Managers for the Board at the said Conference." — Ibid., 
p. 433. 

" June 18. 1719. A Message went down to the House by the Secretary, That the 
Board is now ready to attend the Conference appointed to be this Moniing upon the Sub- 
ject Matter' of the One per Cent, on English Goods laid in the Impost Bill And to Deske 
that the House would forthwith attend the same in the Council Chamber. 

M'' Speaker and the House went up accordingly And after a considerable Time spent in 
the said Conference return'd to their Chamber." — Ibid.,]). 434. 

"June 19. 1719. A Message came up from the House of Representatives, To Enquire, 
Whether the Board had pass'd on the Impost Bill, And if not to Desii-e it may be sent 
do^Ti. 

A Message came up from the House of Repi-esentatives by Oliver Noyes Esq"" & M'' 
William Clark that the House desire to see the Minutes of the Coimcils Advice to His 
Excellency the Governour, Relating to the Duty of One per Cent, on English Goods, 
Which was refer'd to in the Conference between the two Houses. 

In Council ; Voted that Addington Davenport & Thomas Hutchinson Esq" & M' Secry. 
Willard go down to the House with the Report of the Committee appointed to make 
Amendm'* on the Impost Bill, That the Secretary read the said Report & the Acceptance 
of it in Council, And the House be informed that there is no advice given to the Governour ; 
by the Council as to the Impost Bill or his Majesties Additional Instructions And that the 
said Report was refer'd to in the Conference." — Ibid. 

"June 19. 1719. In the House of Representatives; The following Vote pass'd on the 
Impost Bill ; Viz., — 

Voted that the word [English] in the second Page be changed into [European] & that 
the Bill so amended be adhered to; For that (If bis Majesties late Instruction to his Ex- 
cellency the Governour was entirely agi-ceable to the Liberties & Privileges granted in the 
Royal Charter, Yet) this House are of Opinion that the Direction therein respecting the 
Passing any Act, which may any ways affect the Trade or Shipping of Great Britain was 
not intended to be so extensive as to prohibit this Government from Laying a reasonable 
Duty on European Goods. 

In Council : Read & Voted that a Message go down to the House of Representatives 
That the Board are of Opinion That the Words in the said Vote is a Parenthesis & begin- 
ning thus [that if his Majesties late Instruction] may be construed as not Carrying a due 
Respect to his Majesty, And therefore they pray that the same may be withdra\\Ti." — 
Ibid., p. 437. 

" June 20. 1719. The Vote of the House on the Impost Bill As Enter'd Yesterday. In 
Council Read & Non-Concur'd."— 76/rf., p. 438. 

"June 22. 1719. In the House of Representatives; The following Vote passed on the 
Impost Bill ; Viz., Voted that the House insist on their Vote last sent up. Forasmuch as 
the Royal Charter of this Province gives Power to this Govcniment to Impose & Levy 
proportionable & reasonable Assessments, Rates & Taxes upon the Estates & Persons of 
all or every of the Proprietors or Inhabitants of the same W<^'> this Government has been 
in the Free & Unintenaipted Exercise of ever since the Enjoyment of the said Charter. 
Sent to the Upper House for ConcuiTence. 

In Council : Voted that a Message go down to the House of Representatives by John 
Clark & Samuel Thaxter Esq" that the Style of Upper House given to the Board in the 
last Vote of the House on the Impost Bill is new & unusual And therefore to desne that 
the said Words [Upper House] be withdrawn." — Ibid., p. 440. 

" June 23. 1719. A Message came up from the House of Representatives with the Im- 
post Bill, And that the Reason of the new Forai of the last Vote on the Impost Bill is the 
new & unusual Treatment, Which the House have lately received from the Hon'j'« Board." 

"A Message went down to the House by Benjamin Lynde, Thomas Fitch & Samuel 
Thaxter Esq" That whereas in a Message this Day from the House of Representatives It 
was said that the Council had treated the House in a new & unusual Manner, they desire 
to be informed when — & wherein it has been And that they are troubled any Difference 
should arise about the Style of that Part of the General Court which is called "in the Char- 
ter the Council or Assistants especially when the Tenn (the Upper House) is perfectly 
new not known in the Charter nor ever before used in the Proceedings of the General 
Court so far as is known ; And therefore they propose & and desire that the accustomed 
Form may be kept to in Votes & Messages."— Ibid., p. 441. 

"June 23, 1719. A Message came up from the House of Representatives bv Oliver 
Noyes & Charles Chambers Esq" & M' Isaiah Tay in Answer to the last Message from 



160 Peovince Laws.— 1719-20. [Notes.] 

the Board ; — First, It is new & unusual for the Council to pive his Excellency their Ad- 
vice upon a Bill till they have acted in Concert with the JHouse in Concurring or Non- 
Concurring; — Secondly, it is likewise new & unusual for the Council to Desire a free Con- 
ference upon a Subject Matter & then upon the Management to inform the House that by 
a previous Vote they had so far engaged themselves that tlicy could not recced from it ; — 
Thirdly, It is a new & unusual Method for the Honi''e Board after a Message to the 
House Desiring several Amendments to a Bill of Hates & Duties, "Which were in a great 
Measure Agi-eecl to by the House, immediately to Non-Concur the Bill ; — Fourthly, It is 
likewise new & unusual for the Hon'''« Board to intermeddle so ftir with the Grants & 
Funds, Which this House takes to be their peculiar Province." — Ibid., p. 442. 

" June 23. 1719. The Question was put, Whether the Board will now proceed to vote on 
the Bill cntituled An Act for Granting unto his Majesty several Rates & Duties of Impost 
& Tunnage of Shipping ? And it Pass'd in the Affirmative. 

The Secretary went down to the House of Representatives, To Desire a Copy of their 
last Message relating to new & unusual Methods, And it was sent up. 

The following Answer to the last Message of the House relating to new & unusual 
Methods of the Board, consisting of four Articles was read Article by Article & Voted in 
Council; Viz., 

The Board taking into Consideration a INIessage from the Hone's House of Represent^*' 
consisting of four Articles, answer as follows ; Viz., 

First, As to the first Article, They declare that the House have proceeded upon a Mis- 
take, Wi^h they are of Opinion doth fully appear in a Message from this Board Ijy Adding- 
ton Davenport & Thomas Hutchinson Esqi's & M'" Secretary Willard the nineteenth Cur- 
rant as also by an Answer then given by the Board to a Message by D'' Noyes & M' 
Clark, The Board having only Acted in the Aflfair of the Impost Bill as they are Members 
of the Great & General Court or Assembly. 

Secondly, As to the second Article, Whatever might be said by any Manager for the 
Board at the Conference, which gave Occasion to the House to suppose thatthe Board 
was so far engaged by a previous Vote, that they could not recced from it. The same was 
not only explained at the Conference, but also afterwards more fully to intend no such 
Thing, i)y a Message from the Board ; And therefore the Board do not expect to hear 
anything more upon that Head. 

Thirdly, As to the third Article, The Board did indeed propose several Amendments, 
some of which were complied with but others very material were not, And they suppose it 
not new or unusual to Non-Concur Bills sent us from the Hon'^'" House. And the Board 
chose rather to have the Vote on the Bill well & rightly worded before they pass'd their 
Concurrence or Non-Concun-ence, And are of Opinion that such a Practice is just, proper 
& usual ; And as to the Dispatch of the Board in their vote of Non-Concurrence, They are 
of Opinion that they did not improperly therein, The Bill being ready for a Vote, & the 
House having sent many Messages to enquire what was done thereon. 

Fourthly, As to the fourth Article, It is answered, That it has been usual for the Board 
to have a Conference with the House on Money Bills, And the House have often there- 
upon made Amendments to such Bills, as may be seen by the Originals on File And this 
being only a Bill in Performance of the Promises & Engagements of the General Court in 
the Years 1713, 1715, & 1716 for Drawing in Part of the £16000, The Board are equally 
engaged with the House to see the same punctually perform'd in such a Method as is 
most probable to obtain the Royal Approbation." — Ibid. 

"June 24. 1719. In Council, Voted that Penn Townsend, Samuel Patridge, Samuel 
Brown Esq" & M'' Secretary Willard cany the Answer of the Board voted yesterday as 
to new & unusual Methods down to the House of Representatives, And that the Secretary 
read the same in the House. 

In Council ; Voted the following Message to the House of Representatives by Benja- 
min Lynde, Jonathan Dowse & Samuel Thaxter Esq" Viz., 

The Board taking into their serious Consideration the many Differehces, Debates & 
Messages that have been & pass'd between the Council & the Hon^'^ House of Representa- 
tives, RefeiTing to an Impost of One per Cent, on British or European Goods together 
with his Majesties late Additional Instruction & being sensible the said differences. Debates 
& Messages have been for the most Part not only without any good Etfcct, but have 
rather increased a Misunderstanding in the General Court & very much retarded the 
necessary Affairs of the Government, besides the Loss of Time occasioned thereby & the 
Charge accruing to the Province & the several to^vns therein, & also much Damage to 
the Members of the Court at this Season of the Year, Do therefore earnestly desire that an 
End may be put to any further Differences, if it may be. And that We all may diligently 
endeavour the Bringing the Business of the Court to such an happy Conclusion as may 
promote his Majesties Honour & the Welfare of his good Subjects throughout this Prov- 
ince." — Ibid., p. 444. 

" June 24. 1719. In the House of Representatives : Voted that a Bill be prepared to 
Continue the Act for Granting to his Majesty several Rates & Duties of Impost & Tun- 
nage of Shipping untill the End of the Session of this Court in Autumn next. Saving that 
a Clause bo inserted to exempt all British Vessels from the Duties of Tunnage. 

In Council; Read & Non-Concur'd."— 76«rf., ;?. 445. 

" June 26. 1719. A Message went down to the House of Representatives by the Secre- 
tary, That His Excellency orders the House forthwith to attend him in the Council 
Chamber. 

M"" Speaker & the House being come up, His Excellency spake to the House as follows ; 
Viz., 

Gentlemen, My Design in Sending for you at this Time is to lett you know How Con- 
oem'd I am at the unhappy Differences which have been for many Days between the 
Council & your House relating to the Impost Bill & to assure you that no Person here 
present can be more desireous than I am of preserving the Privileges of this People than 
myself so far as is consistent with the late Instruction I have received from my Royal 



[Notes.] Peovince Laws.— 1719-20. 161 

Master, Which hath by his special Direction heen laid before this Court ; I am fully per- 
suaded' that to act any Ways contrary thereto after the many Debates & Votes which 
have been upon that Head, would rather destroy than preserve those Privileges which We 
so justly prize. 

Gentlemen, I desire your serious Consideration of what I have hinted, That so the im- 
portant Affau-s of the Province yet lying before you may have a speedy & happy Conclu- 
sion. 

After his Excellencies Speech was ended, M'' Speaker & the House returned to theu' 
Chsxmhcv."— Ibid., p. 447. 

" June 27, 1719 A Bill entituled an Act for Granting unto his Majesty several Rates & 
Duties of Impost & Tunnagc of Shipping : Having been Read twice in the House of Rep- 
resentatives and Pass'd to be Engross'd. 

In Council : Read twice & Pass'd a ConcuiTcnce." — Ibid., p. 449. 

" June 27, 1719. In the House of Representatives, June 16, 1719 ; Whereas this House 
have Voted that the Vessels belonging to Great Britain shall be exempted from the Duty 
of Tunnage in the Bill entituled An Act for Granting to his Majesty several Rates & Du- 
ties of Impost Sc Tuimage of Shipping Whereby the Sum to be raised by the said Act will 
be lessened ; Voted that Four Thousand Pounds of the Sixteen Thousand Pounds granted 
in the Years 1713, 1715 & 1716 be raised by a Tax on Polls & Estates this present Year 
and no more And that the Duties of Impost & Tunnage of Shipping & the Excise together 
with the Income of the Bills let out & the Light House be a Fund & Security for the 
Drawing in the Remaining Twelve Thousand Pounds. 

In Council ; Read & Concm-'d : — Consented to, Samli. Shute." 

—Ibid., p. 449. 

" June 29, 1719. In Coimcil : Voted that the following Message go down to the House 
of Representatives by Sam" Scwall, Pcnn To-*vnsend, Addin Davenport Esq" & M"" Secry. 
Willard & be read by the Secry. to the House ; Viz., 

Mr Speaker, His Majesties Council of this Province understanding that this Hon'^'a 
House on Fryday last pass'd a Vote or Resolve which if it appears in Print may oblige 
them in their o\vn Vindication to make a Reply thereunto But being desireous that the dif- 
ferent Opinions that have happen'd at this Court relating to our Impost Bill may not be 
again revived having been already made too publick, as they conceive ; And in as much as the 
General Court or Assembly have at length happily agreed together on a Bill of Impost &c 
The Board do therefore think it convenient to recommend it to the Consideration of the 
House Whether it may not be better to wholly suppress the Publishing any Thing which 
may caiTy or bear a Reflection on any Part of the Court and be improved by those who 
are not our best Friends to our Disadvantage." — Ibid. 

" June 29, 1719. In Council, Voted unanimously that Sam" Sewall, John Clark, Thom- 
as Fitch ; Edmund Quincey & Paul Dudley Esq'^ be a Committee to answer the Pream- 
ble of the Vote of the House for Bringing in a new Impost Bill." — Ibid., p. 450. 

" June 30. 1719. An Engi'oss'd Bill entituled An Act for Granting unto his Majesty 
several Rates & Duties of Impost & Tunnage of Shipping. 

Having been Read three several Times in the House of Representatives & in Council ; 
Pass'd to be Enacted by both Houses And sign d by his Excellency the Governour."— 
Ibid. 

" June 30. 1719. Samuel Sewall Esq'' from the Committee appointed yesterday Reported 
an Answer to the Charge of the House in the Preamble of their Vote for a new Impost 
Bill, And the said Answer was Accepted in Council & Voted that Penn Townsend, John 
Appleton Sam" Patrigg Nath" Payne Esq''^ & M"^ Secry. Willard go down to the House of 
Represent^'t's wtth the said Answer : W'^i» is as follows ; Viz., 

The Board are very much conceni'd to find among the Votes of the Honi>'e House a 
Declaration As if the Council in Non-Concun-ing the Bill of Impost, as it was first framed 
' Had done that whereby a considerable Part of the Revenue which would have accrued 
to this Province is for this present Session foregone, which also tends to the Depriving this 
Governrqent of their just Rights Powers & Privileges gi-anted by the Royal Charter.' 

The Declaration contains or implies such a Charge as the Council can by no means suf- 
fer themselves to ly under without Asserting & solemnly Declaring their Integrity And 
they are more surprized at the Imputation of Doing a Thing which tends to the Depriving 
this Government of their just Rights, Powers & Privileges gi-anted by the Royal Charter 
When on the twenty third cun-ant the Board sent do^vTi a Message to the Hon'^i« House 
'That they were alwaies ready & desireous to Concur with the House of Representatives in 
such Proposals relating to an Impost as may not tend to expose or alter our present hap- 
py Constitution under the Royal Charter.' 

So that it was from a sincere & just Regard to the Rights, Powers & Privileges of this 
Government gi-anted by the Royal Charter that the Coimcil chose rather to omit the Duty 
of One per Cent, on Elnglish Goods for this Session : That the Council apprehended that the 
Duty of One per Cent, on English Goods atfected the Trade of Gt. Britain & so is within 
his Majesties late additional Instruction, is certain. And being of that Opinion It would 
be inconsistent for the Board to concur with the Impost Bill as first sent up ; However they 
can boldly & truly say. That in the Whole of theu- Proceedings on this Occasion, they 
have acted from a Principle of Duty to his Majesty, Love & Fidelity to their Countrey, 
And have Nothing more at Heart than the just, Avise & careful Preservation of those in- 
valuable Rights, Powers & Privileges granted by the Royal Charter, W'^^ God long con- 
tinue." — Ibid., p. 451. 

Chapter 10. " June 4, 1719 In Council, Voted that the Honbi« the Judges of the Pro- 
bate of Wills that are Members of this Board be a Committee to prepare & bring in a 
Bill for the Remedying the several Difficulties that are in their Office." — Council Records, 
vol. X.,p. 405. 

(a.) "June 30, 1719. In the House of Representatives; Resolved that the Treasurer 
21 



1Q2 Peovince Laws. — 1719-20. [Notes.] 

be & hereby is Directed & Impowered to issue forth & Emitt the Sum of Five Thousand 
Pounds of the Bills of publick Credit that arc or shall be received into the Treasury for 
Payment of the publick Debts of the Province already contracted for the Defence & Sup- 
port of the Government & the necessary Protection & Preservation of the Inhabitants of 
this Province & for Subsisting of Forts & Garrisons & Wages arising for their Service, 
For Payment of Grants, Salaries & Allowances made or to be made by this Court, accord- 
ing to such Draughts as shall from Time to Time be made upon him Ijy WaiTant or Order 
of the Governour or Commander in Chief for the Time being by & with the Advice and 
Consent of the Council ; And the said Bills shall pass out of the Treasury at the Value 
therein express'd equivalent to Money & shall be Accepted & taken in all publick Pay- 
ments at the Advance & after the Right of Five per Cent, more : 

And as a Fund & Security for the same there be & hereby is gi'anted to his most Excel- 
lent Majesty for the Ends & Uses aforesaid a Tax of Five Thousand Pounds, Three 
Thousand Pounds thereof to be levied upon Polls & Estates both Real & Personal within 
this Province according to such Rules & in such Proportion upon the several Towns & 
Districts within the same as shall be Agreed on & Ordered by the Great & General Court 
or Assembly of this Province at their Session in May 1721 & paid into the Treasury on or 
before the last Day of December next after, The remaining Two Thousand Pounds to be 
levied as aforesaid at the Session of this Court in May 1723 & paid into the Treasury on 
or before the last Day of December next after. 

And that the Duties of Impost & Excise be a further Fund & Security for the Repay- 
ment & Drawing in the said Bills into the Treasury again. In Council ; Read & Concui'red 

Consented to, Sam'-I' Shute." 

—Council Records, vol. X.,p. 452. 

(b.) " Dec. 1, 1719. In the House of Represent^'^s Nov. 19, 1719. Resolved that the 
Sum of Two Thousand Pounds of Bills of publick Credit on this Province be further & 
forthwith made. One Thousand Pounds thereof to be printed otf from the Middle Plate 
& One Thousand Pounds thereof from the lowest Plate by the Committee that made the 
last Bills, to be paid therefor as for the last Bills they made That they deliver them to the 
Treasurer Taking his Receipt for the same ; That the Treasurer be & hereby is Directed 
to Issue forth and Emit the said Two Thousand Pounds of Bills together with Eight 
Thousand Pounds more of Bills of publick Credit that are or shall be received into the 
Treasury for Payment of the publick Debts of the Province already contracted for the 
Defence & Support of the Government & the necessary Protection & Preservation of the 
Inhabitants of this Province & for Subsisting of Forts & Garrisons & Wages arising for 
their Service. For Payment of Grants, Salaries & Allowances made & to be made by this 
Court according to such Draughts as shall be made on him from Time to Time by War- 
rant or Order of the Governour or Commander in Chief for the Time being by and with the 
Advice & Consent of the Council ; And that the said Bills shall pass out of the Treasury 
at the Value therein express'd equivalent to Money, And shall be taken & Accepted in 
all publick Payments at the Advance & after the Rate of Five Pounds per Cent. more. 

And as a Fund & Security for the same there be & hereby is granted to his most Excel- 
lent Majesty to the Ends & Uses as aforesaid a tax of Ten Thousand Pounds to be levied 
on Polls & Estates both Real & Personal mthin this Province according to such Rules & 
in such Proportion upon the several Towns & Districts within the same as shall be Agreed 
on & Ordered by the Great & General Court or Assembly of this Province at their Session 
in May 1723, And paid into the Treasury on or before the last Day of December next after. 

In Council; Read & Concur'd— Consented to, Sam^l Shute." 

—Jlnd.,p. 506. 



ACTS, 



Passed 1720 — 21. 



[163] 



ACTS 

Passed at the Session begun and held at Boston 
ON the Thirteenth day of July, A.D. 1720. 



CHAPTER 1. 

AN ACT FOR ALTERING THE TIME FOR HOLDING THE SUPERIOUR COURT 
;0F JUDICATURE, COURT OF ASSIZE, AND GENERAL GOAL DELIVERY, 
WITHIN THE COUNTIES OF ESSEX, HAMPSHIRE AND YORK. 

Whereas, the time appointed by law for holding the superiour court 1699-1700, chap. 
of judicature, court of assize and general goal delivery for the county ' * 
of Essex ; viz., at Salem, on the second Tuesday of November yearly, 
for the most part interferes "with the sessions of the general assembl}^, 
and the justices of the said superiour court are obliged to make an 
adjournm[e?i]t of the said court into the winter season, to the great 
hardship both of the court and county ; and tvhereas the time by law 1717.18, chap. 8, 
appointed for holding the superiour court of judicature, court of assize ^ ^' 
and gen[era]l[l] goal delivery, for the county of Hampshire ; viz., at 
Springfield, on the next Thursday in September after the week appointed 
for holding the superiour court of judicature, &c., at Bristol; which, 
considering the great distance between the two counties, and the want 
of time, very often, at Bristol, to finish the business of that county, may 
prove of great inconvenience, if not remedied ; and tvhereas the time by 
law appointed for holding the superiour court of judicature, court of 1699-1700, chap, 
assize and gen[erc6]l[l] goal delivery, for the county of York, at ITork, ' *" 
yearly, is not to begin until the Thursday ; which, considering the in- 
crease of business of that county, and the setting of the superiour court 
of judicature, «S:c., at Ipswich, for the county of Essex, on the very next 
Tuesdaj- following, is found too far in the week for the beginning of the 
court, and of great disservice to his majest[2/][ie]'s government and 
people in that part of the province, — 

Be it therefore enacted by His Excellency the Governour^ Council and 
Representatives in Gen[era'\l{y\ Court assembled, and by the authority 
of the same, 

[Sect. 1 .] That the said superiour court of judicature, court of assize 
and gen[era]l[l] goal deliver}^ at Salem, for the county of Essex, shall 
be, from henceforward, held at Salem, for the county of Essex, on the 
last Tuesday of October yearly. 

Be it also enacted, 

[Sect. 2.] That the said superiour court of judicature, court of assize 
and gen[era]l[l] goal delivery at Springfield, for the county of Hamp- 
shire, shall be, from henceforward, held at Springfield, for the county of 
Hampshire, on the fourth Tuesday of September yearly. 

And be it further enacted, 

[Sect. 3.] That the superiour court of judicature, court of assize 
and geu[era]l[l] goal delivery at York, for the county of York, shall 

[165] 



1G6 



Peovince Laws. — 1720-21. 



[Chap. 2.] 



and be, from henceforward, held at York, for the county of York, in the 
month of May yearly, on the Wednesday next immediately preceding 
the time appointed by law for holding the superiour court of judica- 
ture, «fec., at Ipswich, for the county of Essex. 

And be it further enacted by the authority afores[_ai']d, 
[Sect. 4.] That all appeals, reviews, recognizances, warrants or 
other process, already issued, taken or filed, which are to be heard and 
tryed at the respective towns of Salem, for the county of Essex ; Spring- 
field, for the county of Hampshire ; York, for the county of York ; 
according to the respective times or days already appointed by law, 
shall not fail or be discontinued, but be obligatory, continued over, held 
good and valid, to all intents [^and'] [or] purposes in the law, to and at 
the respective times and days set and appointed by this act ; and all 
officers, and other persons whatsoever therein concerned, are to conform 
themselves accordingly ; any law[s], usage or custom to the contrary 
notwithstanding. {^Passed July 19 ; published July 25. 



CHAPTEE 2. 



AN ACT TO REGULATE THE PRICE AND ASSIZE OF BREAD. 



1 "96, chap. 9. 



Act for the due 
assize of bi'ead 
repealed. 



Assize of bread 
to be ascer- 
tained. 



Sorts of bread 
to be all owed. 



"Whereas the act made and passed in the eighth j'car of King 
William the Third, entituled "Aji Act for the due assize of bread," is 
found not efl*ectual for the good ends and purposes therein designed, 
and little or no observance has been made thereof, but covetous and 
evil-disposed persons have, for their own gain, deceived and oppressed 
his maj[es]ty's subjects, more especial^ the poorer sort ; for remedy 
whereof, — 

Be it enacted by His Excellency the Governour, Council and Represen- 
tatives in Genercd Court assembled, and by the authority of the same, 

[Sect. 1.] That the said act, entituled "An Act for the due assize 
of bread," shall be and is hereby repealed, annulled and made void ; 
and that, after the tenth day of September next, the selectmen of each 
town within this province, where bread is baked for sale, shall, once 
every month, and oftner if they see cause, set, ascertain and appoint, 
within their several towns, the assize and weight of all sorts of bread 
to be sold, or exposed to sale, by any baker or other person whatso- 
ever, having respect to the price the grain, meal or fiower, whereof such 
bread shall be made, shall bear in or about the town or place where 
such assize shall be set, and making reasonable allowance to the bakers 
for their charges, pains and livel[?'][y]hood ; and shall make known 
their said regulation of the assize of bread in some open and publick 
place or places in their respective towns. 

And, that the said assize ma}'- be the more easily ascertained, — 

Be it enacted by the authority aforesaid, 

[Sect. 2.] That, from and after the said tenth day of September, 
no person or persons whatsoever shall make for sale, or sell, or expose 
to sale any sort or sorts of bread but such as are hereinafter men- 
tioned ; that is to say, white, wheaten and household, and such other 
sort or sorts as shall be publickly licensed and allowed by the said 
selectmen in their- several and respective towns ; all which several sorts 
of bread shall be made in their several and respective degrees, accord- 
ing to the goodness of the grain whereof the same are or ought to be 
made ; and the assize and weight of the said white, wheaten and house- 
hold bread shall be set and ascertained, according to the table hereafter 
mentioned ; vizt., — 



[1st Sess.] Province Laws. — 1720-21. 



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168 



Province Laws.— 1720-21. 



[Chap. 2.] 



Bread to be 
marked. 



Penalty for 
breach of this 
act. 



Proviso. 



Proviso for 
appeal. 



Penalty for 
justice's neglect 
of duty. 



— and, to the intent that the good design of this act may be effectually 
complyed with, — 

Be it further enacted^ 

[Sect. 3.] That every common baker, and any person that shall 
bake or make for sale, or expose to sale, any sort of loaf-bread or 
bisket, that shall be sold b}^ tale, shall from and after the said tenth 
day of September, fairly mark or imprint, or cause to be mark'd or im- 
printed, such distinct mark as shall be appointed or allowed by the 
selectmen, so that their bread may be known and distinguished. 

And he it further enacted by the authority aforesaid, 

[Sect. 4. J That if any baker or bakers, or other person or persons 
baking or making bread for sale, or exposing bread to sale, shall not 
observe the assize to be ascertained by virtue of this act, or shall bake 
or make for sale, or sell or expose to sale, any bread wanting the due 
weight, or that shall not "be marked according to the direction of this 
act, or shall break such regulations and orders as shall, from time to 
time, be made by virtue of this act, he or they so doing, and being 
thereof convicted, by confession of the part}^, or by the oath of two or 
more credible witnesses, before one or more of his maje^y's justices of 
the peace for the county where the said offence is committed, or the 
party offending apprehended, shall, for every such offence, forfeit the 
sum of twenty shillings, to be levyed by way of distress upon the goods 
and chatt[eZ][le]s of every such offender, by warrant from the said 
justice or justices ; the said forfeitures to be the one half towards the 
support of the poor of the town where such offence shall be committed, 
and the other half to the informer. 

[>Sect. 5.] And if any baker or seller of bread shall put into any 
bread, by him sold or exposed to sale, any mixture of any other grain 
than what shall be appointed by the assize, setled in the place where 
such bread shall be so sold or exposed to sale, every person so offending 
shall, for every such offence, forfeit the sum of twenty shillings, to be 
recovered in the manner and form hereinbefore mentioned, and to be 
for the uses aforementioned. 

Provided., always, 

[Sect. 6.] That no person shall be convicted, in manner aforesaid, 
for any of the aforementioned offences, unless the prosecution in order 
to such conviction be commenced within five days next after the offence 
committed. 

Provided also, and be it further enacted, 

[Sect. 7.] That if any person so convicted, shall think him- or her- 
self aggrieved, he or they shall and maj^ make his or her appeal to the 
next quarter sessions of the peace for the county where such conviction 
shall be made, at w^hich sessions the same shall be heard and finally 
determined ; and if the said person, so appealing, shall not make good 
such his or her appeal, or prosecute it with effect, the said court of ses- ' 
sions shall award such costs as they shall think reasonable to the pros- 
ecutor or informer, and commit the offender to the common goal until 
he or she shall make payment of the said costs, and also of the penalty 
adjudged on the conviction; but in case the appell[aji]t shall make 
good his or her appeal, and be discharged of his or her said conviction, 
the like reasonable costs shall be awarded for the appell[a?i]t against 
such informer or prosecutor. 

[Sect. 8.] And if any justice of the peace shall, on any information 
made to him of any offences committed against this act, wilfully and 
wittingly omit the performance of his duty thereupon in the execution 
of this act, he shall forfeit the sum of forty shillings, to be recovered 
by action, bill, plaint or information, in any of his majesty's courts of 



[1st Sess.] ProvixVCe Laavs.— 1720-21. 160 

record in the count}' where he cloth reside, wherein no essoign, protec- 
tion or wager of hiw shall be allowed. 

And, that the good design of this act may be the more effectually 
accomplished, — 

Be it further enacted by the authority aforesaid, 

[Sect. 9.] That it shall and may be lawful to and for any of his Offic rstotry 
majesty's justices of the peace, or any one of them, within their respec- bl-ead.'^'^ 
tive count [/e][y]s, and any of the selectmen, or any one of them, in 
their respectiA'e towns, or any two of the clerks of the market, at all 
times hereafter, in the day-time, to enter into any house, stall, bake-house, 
out-house or warehouse, belonging to any baker or seller of bread, there 
to search for, view, weigh or try all or any the bread of such person, 
or which shall there be found ; and if an}'^ bread shall there be found 
wanting, either in the goodness of the stuff whereof the same shall be 
made, or in the due working or baking thereof, or shall be deficient in 
the due weight, or shall not be truly marked, according to the directions 
of this act, or shall be of any other sort than shall be allowed by virtue 
of this act, that then, and in every such case, it shall and may be law- 
ful to'aud for such justices or justice of the peace, or selectmen or select- 
man, or any two clerks of the market, to seize and take the said bread 
so found, and cause the same to be forthwith given and distributed to Forfeiture of 
the poor of the town where such seizure shall be made. And if any poor. 
baker or seller of bread, or other person or persons, shall not permit or 
suffer such search or seizure to be made by v[i] [e]rtue of this act, or 
shall oppose, hinder or resist the same, he or they, so doing, shall, for 
CA'ery such offence, forfeit the sum of three pounds, to be disposed of as 
the other fines, and to be had and recovered in the summary manner 
and form hereinbefore first mentioned. 

Provided, always, 

[Sect. 10.] That a proper allowance be made for the drying of 
bisket, yet never to exceed two ounces for drying, at the lowest price 
of wheat, and so proportionably. [^Passed July 23 ; published July 25. 



CHAPTER 3. 

AN ACT FOR GRANTING UNTO HIS MAJESTY SEVERAL RATES AND DU- 
TIES OF IMPOST AND TUNNAGE OF SHIPPING. 

We, his majesty's loyal and dutiful subjects, the representatives of 
his majesty's province of the INIassachusetts Bay in New England, con- 
sidering the necessitj^ of calling in the sum of seventeen thousand pounds, 
granted to her late, and his present, majesty by bills emitted at the 
several sessions annis 1714 and 1717, to be levied and collected in 
this present j'ear, have chearfully and unanimously given and granted, 
and do hereby give and grant unto his most excellent majest}-, to the 
ends, use and intent afores'', and for no other use, the several duties of 
impost upon wines, liquors, goods, wares and merchandize that shall be 
imported into this province, and tunnage of shipping hereafter mentioned 
and expressed, for calling in the sum of twenty-five hundred pounds, 
part of the said sum of seventeen thousand pounds abovementioned ; 
and pray that it may be enacted, — 

And be it accordingly enacted by His Excellency the Governour, Coun- 
cil and Representatives in General Cq,urt assembled, and by the author- 
ity of the same, 

[Sect. 1.] That after the publication of this act there shall be paid 
by the importer of all wines, liquors, goods, wares and merchandize 
22 



170 Peovince Laws.— 1720-21. [Chap. 3.] 

that shall be imported into this province from the place of their growth 
(salt, cotton-wool, provision and every other thing of the growth and 
produce of New England excepted), the several rates and duties of im- 
post following ; viz*-, — 

For every pipe of common wine of the Western Islands, twenty 
shillings. 

For every pipe of Canary, twent3^-five shillings. 

For every pipe of Madera or Passada, twenty shillings. 

For every pipe of other sorts not mentioned, twenty shillings. 

For every hogshead of rum, containing one hundred gallons, twenty 
shillings. 

For every hogshead of sugar, two shillings. 

For every hogshead of mollasses, one shilling. 

For every hogshead of tobacco, five shillings. 

For every ton of logwood, three shillings. 

And so proportionably for greater or lesser quantities. 

For 'all other commodities, goods or merchandize not mentioned or 
excepted, one peny for every twenty shillings' value ; all goods im- 
ported from Great Britain excepted. 

[Sect. 2.] And for any of the above wines, liquors, goods, wares, 
merchandize, &c., that shall be imported into this province from any 
other ports than the places of their growth and produce, there shall be 
paid by the importer double the value of imi)ost appointed by this act 
to be received for every species abovementioned, unless they do bona 
Jide belong to the inhabitants of this province and come upon their 
risque from the port of their growth. 

And he it further enacted b>/ the authority ofores^, 

[Sect. 3.] That all the afores"* imposts, rates and duties shall be 
paid in currant money, or in the bills of credit of this province, by the 
importer of any wines, liquors, goods or merchandize, unto the commis- 
sioner and receiver, to be appointed as is hereinafter directed, for entring 
and receiving of the same, at or before the landing of any wines, liquors, 
goods or merchandize ; only the commissioner or receiver is hereby . 
allowed to give credit to such person or persons where his or their duty 
of impost in one ship or vessell doth exceed the sum of ten pounds ; and 
in case where the commissioner or receiver shall give credit, he shall set- 
tle and ballance his accompts with every person so that the same 
accompts may be ready to present to this court in May next ; and all 
entries, where the impost or duty to be paid doth not exceed four shil- 
lings, shall be made without charge to the importer, and not more than 
sixpence to be paid for any other single entry to what value soever. 

And be it further enacted by the authority (fores'^, 

[Sect. 4.] That all masters of ships or other vessells coming into 
any harbour or port within this province from beyond sea, or from any 
other province or colony, before bulk be broken and within twenty-four 
hours after his arrival in such harbour or port, shall make a re])ort to 
the commissioner or receiver of the impost, to be appointed as is hereaf- 
ter mentioned, of the contents of the lading of such ship or vessell, with- 
out any charge or fee to be demanded or paid for the same ; which report 
such master shall give in to the said coihissioner or receiver under 
his hand, and shall therein set down and express the quantities and 
species of the wines, liquors, goods and merchandizes loaden on such 
ship or vessell, with the marks and numbers thereof, and to whom the 
same is consigned, and also make oath that the said report or manifest 
of the contents of his loading, so to be l)y him given in under his hand 
as afores*^, contains a just and true accompt, to the best of his knowl- 
edge, of the whole lading taken on board and imported in the said vessell, 
from the port or ports such vessell came from, and that he hath not broken 



[1st Sess.] Province Laws. — 1720-21. 171 

bulk nor delivered any of the wines, rum or other distilled liquors or 
merehandizes loaden on said ship or vessel, directly or indirectly, and 
that if he shall know of any more wines, liquors, goods or merchandize 
to be imported therein, before the lauding thereof, he will cause it to be 
added to his manifest, which manifest shall be agreeable to a printed 
form made for that purpose, which is to be fdled up b^^ the said com- 
missiouer or receiver, according to each particular person's entry ; 
which oath the commissioner or receiver is hereby impowered to admin- 
ister, after which such master may unload, and not before, on pain of 
one hundred pounds, to be forfeited and paid by each master that shall 
neglect his duty in this behalf. 
And be it further enacted by the authority afores'^^ 
[Sect. 5.] That all merchants, factors or other persons, importers, 
being owners of, or having any of, the wines, liquors, goods or merchan- 
dizes consigned to them, that b}' this act are lyable to pay impost or 
dut}', shall, by themselves or order, make cntr}' thereof in writing, under 
their hands, with the said commissioner or receiver, and produce unto 
him the original invoice of all such goods as pa}^ ad valorem, and make 
oath thereto in manner following : — 

You, A. B., do swear that the entiy of the goods and merehaiidize by you 
now made, contains the true value, agreeable to the original invoice herewith 
exhibited, and that, according to your best skill and judgment, is not less 
than the real cost thereof. So help you God. 

— and pay the duty and impost by this act required, before such wines, 
liquors, goods, wares or merchandize be landed or taken out of the ves- 
sell in which the same shall be imported, on pain of forfeiting all such 
wines, liquors, goods, wares or merchandize so landed or taken out of 
the vessell in which the same shall be imported. 

[Sect. 6.] And no wines, liquors, goods, wares or merchandizes 
that by this act are lyable to pay impost or duty, shall be landed on any 
wharff, or into any warehouse or other place, but in the day-time only, 
and that after sunrise and before sunset, unless in the presence of, and 
with the consent of, the commissioner or receiver, on pain of forfeiting 
all such wines, liqnors, goods, wares and merchandize, and the lighter, 
boat or vessel out of which the same shall be landed or put into any 
warehouse or other place ; which abovesaid oath the commissioner or re- 
ceiver is hereby impowered to administer. 

[Sect. 7.] And if any person or persons shall not have and produce 
an invoice of the quantities of rum or liquors to him or them con- 
signed, then the cask wherein the sam^ is shall be gaged at the charge 
of the importer, that the quantity thereof may be known. 

And be it farther enacted by the authority afores'\ 

[Sect. 8.] That every merchant or other person, importing any 
wines into this province, shall be allowed twelve per cent for leakage, 
provided such wines have not been filled up on board ; and that every 
hogshead, butt or pipe of wine that hath two third parts thereof leaked 
out, shall be accounted for outs, and the merchant or importer to pay no 
impost or duty for the same ; and no master of any ship or vessel shall 
suffer any wines to be filled up on board without giving a certificate of 
the quantity so filled, under his hand, before the landing thereof, to the 
commissioner or receiver of the impost in such port, on pain of forfeit- 
ing the sum of fifty pounds. 

[Sect. 9.] And if it be made appear that any wines, imported in any 
ship or vessel, be decayed at the time of unlading thereof, or in twenty 
days afterward, oath being made before the commissioner or receiver 
that the same hath not been landed above that time, the duties and im- 
post paid for such wines shall be repaid unto the importer thereof. 



172 Peovince Laws.— 1720-21. [Chap. 3.] 

• And be it further enacted by the autliority afores^, 

[Sect. 10.] That the master of any ship or vessel importing any 
wines, liquors, goods, wares or merchandize shall be lyable to, and shall 
pay the impost for such and so much thereof contained in his manifest, 
as shall not be duly entred, nor the duty paid for the same by the per- 
son or persons to whom such wines, liquors, goods, wares or merchan- 
dize are, or shall be, consigned ; and it shall and may be laAvfull to and 
for the master of every ship or other vessell to secure and detain in his 
hands, at the owner's risque, all such wines, liquors, goods, wares or 
merchandize imported in such ship or vessel, until he shall receive a cer- 
tificate, from the commissioner or receiver of the impost, that tlie duty 
for the same is paid, and until he be repaid his necessary charges in se- 
curing the same ; or such master may deliver such wines, liquors, goods, 
wares or merchandize as are not entred, unto the commissioner or receiver 
of the impost in such port, or his order, who is hereby impowered and 
directed to receive and keep the same at the owner's risque, until the 
impost thereof, with charges, be paid, and then to deliver such wines, 
liquors, goods, wares or merchandize as such master shall direct. 
A7id be it further enacted by the authority afores'^, 
[Sect. 11.] That the commissioner or receiver of the impost in each 
port shall be, and hereby is, impowered to sue the master of anj" ship or 
vessel for the impost or duty for so much of the lading of any wines, 
liquors, goods, wares and merchandizes imported therein, according to 
the manifest by him to be given, upon oath, as afores*^, as shall remain 
not entred, and the duty or impost thereof not paid ; and where the 
goods, wares or merchandize are such as that the value thereof is not 
known, whereby tlie impost to be recovered of the master for the same 
cannot be ascertained, the owner or person to whom such goods, wares 
or merchandizes are, or shall be, consigned, shall be summoned to appear 
as an evidence at the court where suit for the impost and duty thereof 
shall be brought ; and be there required to make oath to the value of 
such goods, -^ares or merchandizes. 

And be it further enacted by the authority afores^, 
[Sect. 12.] That the ship or vessel, with her tackle, apparel and 
furniture, the master of which shall make default in an3'thing by this 
act required to be performed by him, shall be l^^able to answer and 
make good the sum or sums forfeited by such master, according to this 
act, for any such default ; as also to make good the impost or duty for 
any wines, liquors, goods, wares or merchandizes not entred, as afore- 
s*^, and, upon judgment recovered against such master, the said ship 
or vessel, or so much of the tackle or appurtenances thereof as shall be 
sufficient to satisfy said judgment, may be taken in execution for the 
same ; and the commissioner or receiver of the impost is hereby impowered 
to make seizure of such ship or vessel, and detain the same under seiz- 
ure until judgment be given in any suit to be commenced and prose- 
cuted for any of the said forfeitures or impost, to the intent that, if 
judgment be rendred for the prosecutor or informer, such ship or vessel 
and appurtenances may be exposed for satisfaction thereof, as is before 
provided, unless the owners or some on their behalf for the releasing of 
such ship or vessel from under seizure or restraint, shall give sufficient 
security, to the commissioner or receiver of the impost tliat seized the 
same, to respond and satisfy the sum or value of the forfeiture and du- 
ties, witli charges, that shall be recovered against the master thereof, 
upon suit to be brouglit for the same, as afores'' ; and the master occasion- 
ing such loss and damage unto his owners through his default or neglect, 
shall be lyable unto their action for the same. 
And be it further enacted, 
[Sect. 13.] That the naval officer within any of the ports of this 



[1st Sess.] Province Laws.— 1720-21. 173 

province shall not clear or give passes to any master of anj^ ship or 
other vessel outward bound, until he shall be certif3'ed, by the commis- 
sioner or receiver of the impost, that the duties and impost for the goods 
last imported in such ship or vessel are paid or secured to be paid. 
And the commissioner or receiver of the impost is hereb}' impowered to 
allow bills of store to the master of any ship or vessel importing any 
wines or liquors, for such private adventures as shall belong to the 
master or seamen of such ship or other vessel, at the discretion of 
the commissioner or receiver, not exceeding three per cent of the lading ; 
and duties paj^able by this act for such wines or liquors, in such bills 
of store mentioned and expressed, shall be abated. 
And be it further enacted by the authority afores^, 
[Sect. 14.] That all penalties and forfeitures accruing or arising by 
virtue of this act shall be one-half to his majesty, for the uses and 
intents for which the aforementioned duties of impost are granted, and 
the other half to him or them that shall seize, inform and sue for the 
same by action, bill, plaint or information in any of his majesty's courts 
of record, wherein no essoign, protection or wager of law shall be 
allowed ; the whole charge of prosecution to be taken out of the half 
belonging to the informer. 
And be it further enacted by the authority aforesaid, 
[Sect. 15.] That there shall be paid by the master of every ship or 
other vessel coming into any port or ports in this province to trade or 
traffick, whereof all the owners are not belonging to this province, ex- 
cept such vessels as belong to Great Britain, the provinces or colonies of 
Pensilvania, West and East Jersey, New York, Connecticut or Rhode 
Island, every voyage such ship or vessel do's make, the sum of eighteen 
pence per ton, or one pound of good new gunpowder for every ton such 
ship or vessel is in burthen (saving for that part which is owned in 
Great Britain, this province or any of the aforesaid governments, which 
are hereby exempted) , to be paid unto the commissioner or receiver of 
the duties of impost, and to be imployed for the ends and uses afore- 
said. 

[Sect. 16.] And the said commissioner is hereby impowered to ap- 
point a meet and suitable person to repair unto and on board any ship 
or vessel, to take the exact measure or tunnage thereof, in case he shall 
suspect that'the register of such ship or vessel doth not express and set 
forth the full burthen of the same ; the charge thereof to be paid by 
the master or owner of such ship or vessel, before she be cleared, in 
case she appear to be of greater burthen ; otherwise to be paid by the 
commissioner out of the monies received by him for impost, and shall be 
allowed him accordingly by the treasurer in his accompts. And the naval 
oflScer shall not clear any vessel until he be also certif^'ed by the said 
commissioner, that the duty of tunnage for the same is paid, or that it is 
such a vessel for which none is pa3-able according to this act. 
And be it farther enacted by the authority aforesaid, 
[Sect. 17.] That there be one fit pei'son, and no more, nominated 
and appointed by this court as'a commissioner and receiver of the aforesaid 
duties of impost and tunnage of shipping, and for the inspection, care 
and* management of the said office, and whatsoever relates thereunto, 
to receive commission for the same from the governour or commander- 
in-chief for the time being, with authority to substitute and appoint a 
deputy receiver in each port besides that wherein he resides, and to 
grant warrants to such deputy receivers for their said place, and to 
collect and receive the impost and tunnage of shipping aforesaid, that 
shall become due within such port, and to render the accompts thereof 
and pay in the same to the said commissioner and receiver ; which said 
commissioner and receiver shall keep fair books of all entries and duties 



174 Province Laws.— 1720-21. . [Chap. 4.] 

arising by vertue of this act ; also a particular accompt of every vessel, 
so that the duties of impost and tunnage arising on the said vessel may 
appear ; and the same to lye open at all seasonable times to the view 
and perusal of the treasurer and receiver-general of this province (or 
any other person or persons whom this court shall appoint) , with whom 
he shall account for all collections and payments, and pay in all such 
monies as shall be in his hands, as the treasurer or receiver shall de- 
mand it. And the said commissioner and receiver, and his deputy 
and deputys, before their entring upon the execution of the said office, 
shall be sworn to deal truly and faithfully therein, and shall attend iu 
the office from nine to twelve of the clock in the forenoon, and from two 
to five of the clock of the afternoon. 

[Sect. 18.] And the said commissioner and receiver, for his labour, 
care and expences in the said office, shall have and receive out of the 
province treasury the sum of seventy pounds per annum ; and his deput}"" 
or deputies to be paid for their service such sum and sums as the said 
commissioner and receiver, with the treasurer, shall agree, upon reason- 
able terms, not exceeding thirty pounds each ; and the treasurer is 
hereby ordered, in passing and receiving the said commissioner's 
accompt, accordingly, to allow the payment of such salary or sala- 
ries, as aforesaid, to himself and his deputy or deputies. 

Provided, 

[Sect. 19.] That this act shall continue in force from the publica- 
tion thereof until the twenty-ninth day of June, which will be in the 
year of our Lord one thousand seven hundred and twenty-one, and no 
longer. [^Passed and published July 15. 



CHAPTEE 4. 

AN ACT FOR APPORTIONING AND ASSESSING A TAX OF SIX THOUSAND 
POUNDS SEVENTEEN SHILLINGS AND THREEPENCE UPON POLLS AND 
ESTATES. 

Whereas the great and general court or assembly of the province 
of the Massachusetts Bay in New England, at their several sessions in the 
years 1714 and 1717, did pass three several grants of taxes on polls and 
estates, as funds and security for the payment and drawing in several 
sums in the bills of credit on this province, ordered to be imprinted, 
repeated and issued out of the publick treasury for the service of the 
government ; that is to say, ac their sessions held the twent3'-sixth 
of May, 1714,* four thousand pounds ; at their sessions held the twen- 
tieth day of October, 1714,t ten thousand pounds; at their sessions 
held the twent3^-ninth of May, 1717, J three thousand pounds apply ed 
to the ends and uses in the said grants particularly enumerated and 
expressed ; and by the resolves of the court that made the afores** 
grants, it was then ordered that the said sum of seventeen thousand 
pounds shall be apportioned, assessed and lev3'ed on polls, and es- 
tates both real and personal, within this province, according to 
such rules and in such proportion, upon the several towns and dis- 
tricts within the same, as shall be agreed on and ordered by this 
court in their present session ; — wherefore, for the ord^i-ing, directing 
and perfecting the said sum of six thousand pounds seventeen shillings 

* Notes to 1714, resolve (a.) f Ibid., resolve (6.) J Notes to 1717-18, resolve {a.) 



[1st Sess.] 



Province Laws. — 1720-21. 



175 



and threepence, Avhicli with the sum of ten thousand nine hundred 
ninety-nine pounds two sliillings and ninepence, b}^ the duties of 
impost and tunnage of sliipping and excise, together witli the in- 
come of the bills let out and the light-house, will make the sum of 
seventeen thousand pounds pursuant to the funds and grants afore- 
said, which is unanimously approved, ratifyed and confirmed, we, his 
majesty's loyal and dutiful subjects, the representatives in general court 
assembled, pray that it be enacted, — 

And be it accordingly enacted by His Excellency the Governour, 
Council and Representatives in General Court assembled and by the 
authority of the same, 

[Sect. 1 .] That each town or district within this province be as- 
sessed and pay as such town and district's proportion of the aforesaid 
six thousand pounds seventeen shillings and threepence, the sum follow- 
ing ; that is to say, — 

IN THE COUNTY OF SUFFOLK. 

Boston, one thousand ninety-nine pounds two shillings 

and threepence, £1,099 2s. 3d. 

Roxbur}', sixty-two pounds seventeen shillings and six- 
pence, . . • . . . . . . 62 17 6 

Dorchester, eightj'-three pounds fourteen shillings and 
threepence, 83 14 3 

Hingham, sixty-three pounds sixteen shillings and six- 
pence, 63 16 6 

Brantree, sixty-five pounds seventeen shillings and 

threepence, . . . . . . . . 65 17 3 

Dedham with part of Bellingham, fifty-five pounds 
threepence, ........ 55 3 

Medfield, thirty pounds eighteen shillings, . . . 30 18 

Medway, fourteen pounds eighteen shillings and nine- 
pence, 14 18 9 

'We3'mouth, forty-four pounds four shillings and six- 
pence, 44 4 6 

Milton, thirty-two pounds five shillings and three- 
pence, 32 5 3 

Hull, fourteen pounds eighteen shillings and nine- 
pence, 14 18 9 

Wrentham, thirty-two pounds fifteen shillings and 

threepence, 32 15 3 

Mendon, with part of Bellingham, forty-two pounds 

nine shillings and threepence, . . . . . 42 9 3 

Woodstock, thirty-one pounds twelve shillings and 

threepence, 31 12 3 

Brookline, twenty-five pounds eighteen shillings and 

threepence, 25 18 3 

Needham, nineteen pounds five shillings and nine- 
pence, ......... 

Oxford, seven pounds fourteen shillings and sixpence, 

IN THE COUNTY OF ESSEX. 

Salem, one hundred fifty-nine pounds twelve shillings 
and one peny half-peu}', ...... 

Ipswich, one hundred seventy-one pounds eleven shil- 
lings and threepence, ...... 

Newbuiy, one hundred forty-three pounds seven shil- 
lings and sixpence, . . 

Marblehead, one hundred thirty-five pounds eighteen 
shillings and one peny half-peny, .... 



19 


5 


9 


7 


14 


6 


159 


12 


H 


171 


11 


3 


143 


7 


6 


135 


18 


H 



176 



Province Laws. — 1720-21. 



[CiL\p. 4.] 



Lynn, seventy-four pounds thirteen shillings and nine 

pence, 

Andover, seventy pounds twelve shillings, . 
Beverty, sixty pounds eighteen shillings and nine 

pence, . 

Rowle}^, fifty-six pounds ten shillings and sixpence, 
Salisbury, fort3'-nine pounds six shillings and seven 

pence half-pen}', ...... 

Haverhill, sixty-four pounds sixteen shillings and 
■ threepence, ....... 

Glocester, seventy-two pounds four shillings and nine 

pence, ........ 

Topsfield, thirty pounds twelve shillings and nine 

pence, ........ 

Boxford, twenty-seven pounds eight shillings and siX' 

pence, 

Almsbury, forty-four pounds fifteen shillings and nine 

pence, 

Bradford, thirty pounds three shillings and three^ 

laence, ........ 

Wenhani, twenty-seven pounds eighteen shillings and 

sevenpence half-peny, ..... 
Manchester, thirteen pounds and threepence. 



£74 13s. 9d. 

70 12 

60 18 9 

56 10 6 

49 6 7J- 

64 16 3 

72 4 9 

30 12 9 

27 8 6 

44 15 9 

30 3 3 

27 18 7^ 

13 3 



IN THE COUNTY OF MIDDLESEX. 

Cambridge, fifty pounds nine shillings and sevenpence 

half-peny, 50 9 7^- 

Charlestown, one hundred thirty-six pounds four shil- 
lings and threepence, ...... 136 4 3 

Watertown, fifty-five pounds eight shillings and three- 
pence, 55 8 3 

Weston, twentj^-three pounds nine shillings and four- 
pence half-peny, 23 9 4^ 

Concord, sevent^^-seven pounds six shillings and nine- 
pence, . 77 6 9 

"VVobourn, sevent3'-four pounds seventeen shillings and 

threepence, 74 17 3 

Redding, fifty-two pounds five shillings and three- 
pence, 52 5 3 

Sudbury, sixt}^ pounds eighteen shillings and three- 
pence, 60 18 3 

Marlborough, fifty-nine pounds fourteen shillings and 

ninepence, ........ 59 14 9 

Lexington, thirtj^-six pounds one shilling and three- 
pence, 36 1 3 

Newtown, forty-six pounds and sevenpence half-peny, 46 7^ 

Maiden, thirty-seven pounds nineteen shillings and nine- 
pence, . . 37 19 9 

Chelmsford, forty -eight pounds three shillings and three- 
pence, 48 3 3 

Billerica, forty-seven pounds nine shillings and nine- 
pence, 47 9 9 

Sherbourn, thirty-one pounds, nineteen shillings and 

threepence, ........ 31 19 3 

Westborough, thirteen pounds two shillings and nine- 
pence, 13 2 9 

Groton, thirty-three pounds six shillings and nine- 
pence, 33 6 9 



[1st Sess.] 



Peovince Laws. — 1720-21. 



177 



Lancaster, thirty-seven pounds five shillings and 

ninepenee, . . . . . . . . £37 5s. Od. 

Framingliam, thirty-seA'cn pounds eighteen shillings 

and ninepenee, . . . . . . . 37189 

Medford, nineteen pounds four shillings and three- 
pence, ......... 19 4 3 

Stou', twenty-one pounds six shillings and one peny 

half-peny, 2161^ 

Worcester, six pounds, . . . . . . GOO 

Dunstable, eleven pounds ten shillings and tenpence 

half-peny, 11 10 10* 

Dracut, eight pounds eighteen shillings and nine- 
pence, 8 18 9 

Leicester, one pound sixteen shillings and one peny 

half-peny, 1161^ 

Littleton, six pounds, ....... 600 

IX THE COUNTY OF HAMPSHIRE. 

Springfield, seventy-five pounds four shillings and 
one peny half-peny, . . . . . . . 75 4 1^- 

Northampton, fifty-eight pounds eight shillings and 
tenpence half-peu}^, ....... 58 8 10^ 

Hadle^', thirty-four pounds eight shillings and six- 
pence, 34 8 6 

Hatfield, twenty-eight pounds one shilling and six 
pence, ......... 28 1 6 

Westfield, twenty-nipe pounds seventeen shillings and 
fourpence half-peny, . . . . . . 29 17 4J 

Suffield, thirty-two pounds seventeen shillings and 
one peny half-peny, . . . . . . . 32171^ 

Enfield, twenty-six pounds and ninepenee, . . . 26 9 

Deerfield, fifteen pounds nineteen shillings and six- 
pence, ......... 15 19 6 

Brookfield, six pounds, ...... 600 

Sunderland, three pounds, ...... 300 



IN THE COUNTY OP PLYMOUTH. 

Plymouth, seventy-two pounds one shilling and 

threepence, ....... 

Plimpton, thirty-two pounds six shillings and nine 

pence, 

Scituate, ninety-five pounds nine shillings and nine 

pence, 

Bridgewater, sixty-eight pounds thi'ee shillings and 

fourpence half-penj^, ..... 

Marshfield, fifty pounds eighteen shillings, and three 

pence, ........ 

Pembrook, twenty-three pounds eight shillings and 

sixpence, ....... 

Duxborough, thirty-one pounds nine shillings and 

threepence, ....... 

Middleborough, thirty-eight pounds four shillings and 

sevenpence half-peny, 

Ptochester, thirty-six pounds twelve shillings and 

ninepenee, ....... 

Abington, ten pounds twelve shillings. 



72 1 3 

32 6 9 

95 9 9 

68 3 4^ 

50 18 3 

23 8 6 

31 9 3 

38 4 7J 

36 12 9 

10 12 



23 



* Sic. 



L78 



Province Laws. — 1720-21. 



[Chap. 4.] 



IN THE COUNTY OF BRISTOL. 

Bristol, fort^'-eight pounds, £48 Os. Od. 

Taunton, seventy-four pounds six shillings and six- 
pence, . "^ 74 6 6 

Norton, with the North Purchase, twent^'-nine pounds 

twelve shillings and ninepence, . . . . 29 12 9 

Dartmouth, eighty-one pounds twelve shillings, . . 81 12 

Dighton, thirty-three pounds nineteen shillings and 

sevenpence half-peny, 33 19 7^ 

Rehoboth, eighty pounds three shillings and one 

peny half-peny, 80 3 1^ 

Little Compton, sixty-one pounds eight shillings and 

sixpence, 61 8 6 

Swansey, fifty-three pounds and ninepence, . . . 53 9 

Tiverton, twentj'-seven pounds nine shillings, . . 27 9 

Freetown, twenty-four pounds nine shillings, . . 24 9 

Attleborough, thirty-three pounds nine shillings and 

one peny half-iDeny, ....... 33 9 1^ 

Barrington, seventeen pounds eighteen shillings and 

sixpence, 17 18 6 

IN THE COUNTY OF BARNSTABLE. 

Barnstable, eighty-two pounds sixteen shillings and 

ninepence, . . . . . . . . 82 16 9 

Sandwich, fifty-three pounds one shilling and three- 
pence, ......... 53 1 3 

Eastham, fifty-six pounds four shillings and one peny 

half-peny, 56 4 IJ- 

Truro, twenty-six pounds seventeen shillings and one 

peny half-peny, 26 17 IJ- 

Yarmouth, fifty-one pounds fifteen shillings, . . 5115 

Harwich, thirtj^-five pounds sixteen shillings and 

threepence, . . . . . . . . 35 16 3 

Falmouth, twenty pounds eighteen shillings and one 

peny half-pen}^ 20 18 IJ- 

Chatham, seventeen poniids eighteen shillings and 

sixpence, 17 18 6 

IN DUKES COUNTY. 

Edgartown, twenty-three pounds seventeen shillings 

and ninepence, . . . . . . . 23 17 9 

Chilmark, thirty-eight pounds sixteen shillings and 

sevenpence half-peny, . . . . . . 38 16 7^ 

Tisbury, eleven pounds eighteen shillings and nine- 
pence, 11 18 9 

IN THE COUNTY OF YORK. 

York, fortj^-three pounds six shillings and threepence, 43 6 3 
Kittery, sixty-five pounds fourteen shillings and 

threepence, ........ 65 14 3 

Berwick, twenty-eight pounds nineteen shillings and 

sevenpence half-peny, . . . . . . 28 19 7^ 

Wells, twent^'-eight pounds thirteen shillings and 

ninepence, . . . . . . . . 28 13 9 

Falmouth, three pounds, ....'.. 300 

Biddeford, three pounds, ...... 300 

Nantucket, seventy-seven pounds thirteen shillings 

and one peny half-peny, 77131^ 



[1st Sess.] Province Laws.— 1720-21. 179 

And be it further enacted by the cmtliority afores'd, 
[Sect. 2.] That the treasurer do forthwith send out his warrants 
directed to the selectmen or assessors of each tow^n or district within 
this province, requiring them respectively to assess the sum hereby set 
upon such town and district in manner following ; that is to saj^, to 
assess all rateable male polls above the age of sixteen years at thirty- 
pence per poll, except the governour and lieut.-governour and their 
families, the president, fellows and students of Harvard College, setled 
ministers and grammar-school masters, who are hereby exempted as 
well from being taxed for their polls, as for their estates being in 
their own hand and under their actual management and improvement ; 
and other persons (if such there be) who thro age, infirmity or ex- 
tream poverty, in the judgm' of the assessors, are not capable to 
pay towards publick charges, they may except their polls and so 
much of their estates as in their prudence they shall think fit and 
judge meet ; -and all estates, both real and personal, lying within the 
limits and bounds of such town or district or next unto the same, 
not paying elsewhere, in whose hand, tenure, occupation or possession 
soever the same is or shall be found ; and income by an}^ trade or faculty 
which any person or persons (except as before excepted) do or shall 
exercise in gaining, by monies or other estate not particularly otherwise 
assessed, or commissions of profit in their improvement, according to 
their understanding and cunning, at one peny on the pound ; and to 
abate or multipty the same, if need be, so as to make up the sum hereby 
set and ordered for such town or district to pay ; and in making their 
assessment to estimate houses and lands at six years income of the 
yearly rents, whereat they same may be reasonably set or let for in the 
places where they lye (saving all contracts between landlord and tennant ; 
and where no such contract is, the landlord to reimburse one-half of the 
tax set upon such houses and lands) ; and to estimate Indian, negi'O, 
and mollatto servants proportionably as other estate, according to 
their sound judgment and discretion : as also to estimate every ox of 
four years old and upwards, at forty shillings ; every cow of three years 
old and upwards, at thirty shillings ; every horse and mare of three 
years old and upwards, at forty shillings ; every swine of one j'ear old 
and upward, at eight shillings ; every sheep and goat of one year old 
and upwards, at four shillings : likewise requiring the assessors to make 
a fair list of the said assessment, setting forth in distinct columns against 
each particular person's name how much he or she is assessed at for 
polls, and how much for houses and lands, and how much for personal 
estate, and income by trade or faculty ; and the list or lists so perfected 
and signed by them, or the major part of them, to commit to the 
collectors, constable or constables of such town or district, and to 
return a certificate of the name or names of such collector, constable 
or constables, together with the sum total to each of them respectively 
committed, unto himself sometime before the last day of September next. 
[Sect. 3.] And the treasurer for the time being, upon the receipt 
of such certificate, is hereby impowered and ordered to issue forth his 
warrants to the collectors, constable or constables of such town or dis- 
tricts, requiring him or them, respectively, to collect the whole of each 
respective sum assessed on each particular person before the last day of 
March next, and of the inhabitants of the town of Boston to collect 
their proportion sometime in the month of January aforegoing ; and to 
pay in their collection, and issue the accompts of the w'hole, at or be- 
fore the last day of May next, which will l)e in the year of our Lord one 
thousand seven hundred and twenty-one. 

And be it fuiiher enacted by the authority afores^^ 

[Sect. 4.] That the assessors of each town and district, respec- 



180 Pkovince Laws.— 1720-21. [Chap. 5.] 

tively, in convenient time before their making the assessment, shall 
give seasonable warning to the inhabitants in a town meeting, or by 
posting up notifications in some place or places in such town or district, 
or otherwise to notify the inhabitants to give or bring in to the said 
assessors true and perfect lists of their polls and ratable estate ; and 
if any person or persons shall neglect or refuse so to do, or bring in a 
false list, it shall be lawfull to and for the assessor^ to assess such person 
or persons according to their known ability in such town, according 
to their sound judgment and discretion, their due proportion of this tax, 
as near as they can, according to the rules herein given, under the pen- 
alty of twenty shillings for each person that shall be convicted li}^ legal 
proof, in the judgment of the assessors, of bringing in a false list ; the 
said fine to be for the use of the poor of such town or district where the 
delinquent lives, to be levyed by warrant from the assessors, directed 
to the collector or constable in manner as is directed for gathering of 
town assessments, and to be paid in to the town treasurer or selectmen 
for the use afores*^ : saving to the party aggrieved at the judgment of 
the assessors in setting such fine, liberty of appeal therefrom to the 
court of general sessions of the peace within the county, for relief as 
in case of being overrated. 

[vSect. 5,] And if the party be not convicted of an}* falseness in 
the list by him presented of polls, ratable estate, and income by any 
trade or faculty which he doth or shall exercise in gaining, by money 
or other estate not particularly otherwise assessed, such list shall be a 
rule for such person's proportion to the tax, which the assessors may 
not exceed. \_Passed July 23 ; 2-)ublished Juhj 25. 



CHAPTEE 5. 

AN ACT TO ENABLE THE LATE CONSTABLES OF THE TOWN OF WEYMOUTH 
TO RECOVER THE PUBLICK DUES FROM THE INHABITANTS OF THE SAID 
TOWN WHO REFUSE TO PAY THEIR TAXES, BY REASON THE SELECT- 
MEN WHO WERE ASSESSORS OF THE SAID TOWN FOR TIME PAST HAVE 
OMITTED AND NEGLECTED TO TAKE THE ASSESSORS' OATH, 

Whereas, by the omission and neglect of the selectmen of the said 
town of Weymouth, the assessors of the said town, for some time past, 
have not been sworn to their duty and office, as the law in such case 
requires, whereby the inhabitants take the advantage of such omission 
and neglect of the said selectmen, and refuse to pay their rates, so that 
a full stop is made in all the publick payments in the said town, to their 
great hurt and damage, altho the assessors have made the assessment of 
the said town as equal and just as if thc}^ had been under oath, and are 
now ready to be sworn thereto ; for remedy of which inconvenience, — 

Be it enacted by His Excellency the Governmir^ Council and Ilejy^'e- 
sentatives in Genend Court assembled, and by the authority of the same, 

[Sect. 1.] That the several constables of the town of Weymouth, 
for the several years past, Avho have not collected and gathered in their 
taxes, be and hereby are authorized and impowered, and also directed 
forthwith to collect such outstanding rates, conformable to the assessors' 
lists or assessments, and pay in the same as by warrant directed, the 
omission and neglect of taking their oaths nevertheless ; any law, usage 
or custom to the contrary thereof in any wise notwithstanding. 

Provided, nevertheless, 

[Sect. 2.] That where any person or persons shall be overreated, 
he or they may apply to the said selectmen, or general sessions of the 
peace, for releif. [^Passed July 23. 



[2d Sess.] Province Laws.— 1720-21. 181 



ACTS 

Passed at the Session begun and held at Boston 
ON THE Second day of November, A.D. 1720. 



CHAPTER 6. 

AN ACT TO ENABLE THE SEVERAL TOWNS, PRECINCTS, DISTRICTS AND 
PARISHES, LEGALLY SET[T] OFF TO CH[00][U]SE COLLECTORS FOR 
THE GATHERING ANY TOWN, COUNTY, PRECINCT, DISTRICT OR PARISH 
RATES OR ASSESSMENTS. 

"Whereas, the Laws of this province have made sufficient provision ifioo-i-oo, chnp. 

26 6 10 

for the gathering in and collecting the publick rates or taxes by collect- 1707, chap. 2. 
ors, if any are chosen and accept thereof, and, on their refusal, by the 1692-3, chap. 35. 
constables of each town, precinct or district, and the form of an oath to 
be administered to such constables or collectors established, but no pro- 
vision is made for the obliging any person, chosen collector for any 
town, county, precinct, district or parish rates or assessm[eu]ts, to 
serve in said office, nor form of the oath such persons ought to be under, 
for the due observance of their office ; wherefore, — 

Be it enacted hij His Excellency the Governour, Council and Represen- 
tatives in Gen[era']l\\'\ Court assembled, and by the authority of the 
same, 

[Sect. 1.] That it shall be in the power of every town, precinct. Collectors of 
district or parish within this province, legally set[t] off, some time in cho'sen? 
the month of March annually-, at the same time they ch[oo][u]se other 
town, precinct, district or parish officers, to ch[oo][u]se one or more 
persons, to serve as collector or collectors of all such rates or assess- 
m[e».]ts as shall be granted or agreed by such town, or by the gen- 
[c?-a]l[l] sessions of the peace in which county the same lieth, or by 
any precinct, district or parish regularly set[t] off as afores[fn']d, who To be under 
shall be under the oath hereinafter provided ; which oath shall be ad- °'*'^' 
ministred b}^ a justice of the peace, if any such live within the same 
town, or by the selectmen of such town, as the law already provides. 

[Sect. 2.] And any person that shall be chosen into the office of a Penalty on 
collector as afores[«i]d, and that shall refuse to accept thereof, or deny ^'^ ^^^^' 
and neglect to take the oath herein expressed, shall forfeit and pay unto 
the town-, precinct-, district- or parish treasurer the sum of three pounds, 
to the use of the poor of such town, precinct, district or parish ; and if 
such person neglect or refuse to pay his fine, he shall be proceeded 
against, as the law directs, for the prosecuting of persons refusing to 
serve in the office of a constable : provided, no person in commission Persons ex- 
for any office, civil or militar}', church officers, or members of the house '^™p'^' 
of representatives for the time being, nor other person that has served 
as constable or collector within the space of seven 3'ears before, shall 
be obliged to serve in the office of collector. 

And be it further enacted by the authority afores[ai']d, 

[Sect. 3.] That every person chosen collector as afores[ca"]d, and Collectors to 
accepting thereof, shall settle and issue his accompts, of all rates and ™ums"of as'- 
assessm[e?j]ts to him committed, with the selectmen of such town, or sessments. 



182 



Province Laws. — 1720-21. 



[Chap. 7.] 



Penalty for 
neglect. 



Form of the 
oath. 



person mentioned in the warr[a%]t, to wliom the rate is payable, within 
twenty days after time is expired in the said warr[cwi]t, to be annexed 
to tlie rate or assessm[e9i]t to hira committed for paym[<'9i]t tliereof, 
under tlie pain and penalty of an}^ collector, so neglecting or refusing, 
the sum of twenty shillings for every month he shall neglect so to do ; 
to be recovered as in and by this act is provided for refusal to accept 
of such office, and to be applied for the use and intent afores[ai]d ; any 
law, usage or custom to the contrary notwithstanding. 
And he it further enacted by the authority afores\^ai^d, 
[Sect. 4.] That the form of the oath to be administered to any 
person chosen collect[o]r shall be as follows : — 

Whereas you, A. B., are chosen collector within the town of C, or precinct, 
district or parish within the town of C, for one year now following, and until 
other be chosen and sworn in your place ; you do swear that you will faith- 
fully, anrl with what speed you can, collect and levy all such rates or assess- 
m[c«]ts and sums of money, committed to you to collect, and for which you 
shall have sufficient warr[««]t, rendring accompt thereof, and paying in the 
same according to the direction in your warrant. So help you God. 

\_Passed November 29 ; published December 19. 



CHAPTER 7. 



AN ACT FOR EXPLANATION OF, AND SUPPLEMENT TO, AN ACT REFER- 
RING TO THE POOR, &c. 



Preamble. 

1C02.3, chap. 28, 

§7. 

1703-4, chap. 14. 

lVlO-11, chap. 6. 

1717-18, chap. 2. 



Children of 
poor people to 
be put to work 
or bound out. 



Idle persons to 
be set to work. 



Whereas, the law for binding out poor children apprentices, is mis- 
construed by some to extend onl}^ to such children whose parents re- 
ceive alms ; for explanation whereof, — 

Be it declared and enacted by His Excellency the Governour, Council 
and Representatives in Gen\era']l[l'] Co\irt assembled, and by the au- 
thority of the same, 

[Sect. 1,] That the selectmen or overseers of the poor, in any town 
or district within this province, or the greater part of them, shall take 
order, and are hereby impower[f!]d, from time to time, by and with the 
assent of two justices of the peace, to set to work, or bind out appren- 
tice, as they shall think convenient, all such children whose parents 
shall, by the selectmen or [^/ie] overseers of the poor, or the greater 
part of them, be thought unable to maintain them (wh[e][i]ther they 
receive alms or are chargeable to the place or not) , so as that they be 
not cessed to publick taxes or assessm[e?).]ts for the province or town 
charges ; male children till they come to the age of twenty-one years, 
and females till they come to the age of eighteen years, or time of mar- 
riage ; which shall be as good and effectual in law, to all intents and 
purposes, as if any such child were of full age, and, by indenture or 
covenant, had bound him- or herself, or that their parents were con- 
senting thereto ; provision therein to be made for the instructing of 
children so bound out ; to wit, males to read and write, females to 
read, as they respectivel}^ may be capable. And the selectmen or over- 
seers of the poor shall enquire into the usage of children bound out 
by themselves or their predecessors, and endeavour to defend them from 
any wrongs or injuries. 

And for the better preventing of idleness and loose [awcZ] [or] dis- 
orderl}' living, — 

Be it farther declared and enacted be the authority afores[^ai']d, 

[Sect. 2.] That the selectmen or overseers of the poor, or the 
greater part of them, be and are further impowered, by and with the 



[2d Sess.] Pkovince Laws.— 1720-21. 183 

assent of two justices of the peace, to set to work all such persons, mar- 
ried or unmarried, able of body, having no means to maintain them, 
that live idl}^, and use or exercise no ordinary and daily lawful trade or 
business to get their living by. 

[Sect. 3.] And no single person, of either sex, under the age of 
twenty -one j'cars, shall be suffered to live at their own hand, but luider 
some orderly family governm[ew]t ; nor shall any woman of ill-fame, 
married or unmarried, be suffered to receive or entertain lodgers in her 
house. 

[Sect. 4.] And the selectmen or overseers of the poor, constables idle peisons to 
and tythingmen, are hereby ordered to see the due observance of this houso'of cm 
act, and to complain and inform against any transgressions thereof, to I'ection. 
one or more justices of the peace, or [^Ae] court of gen [era] 1[1] sessions 
of the peace who are hereby respectively required and impowered, upon 
due conviction of the offender or offenders, for living idly or disorderly, 
contrary to the true intent of this act, to commit or send such offenders 
to the house of correction or workhouse, there to remain and be kept 
to labour, until they be discharged by order of such justice or justices, 
or the court of gen[era]l[l] sessions of the peace ; unless such person 
or persons so complained of shall give reasonable caution or assurance, 
to the satisfaction of the justice or court, that they will reform. 

Provided., 

[Sect. 5.] This act shall not be construed to extend to hinder any Proviso, 
single woman of good repute, from the exercise of any lawful trade or 
employm[e»]t for a livelihood ; any law, usage or custom to the con- 
trary notwithstanding. 

[Sect. 6.] And any two justices committing any person or persons 
as aforesaid, are hereby impowered, as they shall find cause, to discharge 
them again. [^Passed November 16 ; published December 19. 



CHAPTER 8. 



AN ACT FOE, ALTERING THE FORM OF THE CERTIFICATE OF PAY- 
MENT [S] FOR WOLVES, MADE OUT OF ANY TOWN STOCK. 

"Whereas, by a law made in the seventh jear of the reign of [her i693, chap. 6, 
late majesty Queen Ann*] \_King William the Third'], provision is igm's, chap. 26. 
made for [f/ie] reimbursing such sums of money as were paid out of i^i°-i6> chap. 
any town stocks for wolves killed in [ajicZ] [or] near such town, by it'it-is, chap, 
discounting the same with the constable of such town, out of the pub- ni9.2o, chap. 2. 
lick assessm[eH]t committed to him to collect ; but inasmuch as it is 
found by experience that the^sums paid out of the stocks of some towns 
do exceed the sums set upon such towns, as their proportion of the 
publick tax, and no method prescribed by law for drawing the surplus- 
age out of the treasury-, — 

Be it therefore enacted by His Excellency the Governour, Council and 
Pejrresentatives in (Tew[era]?[l] Court assembled, and by the authority 
of the same, 

That the province treasurer be', and hereby is, directed and ordered Province treas. 
for the future, to pay unto the treasurer of each town respectively, such whoie°6um for' 
sum or sums as shall by such town be advanced, agi'eeably to law, for killing wolves. 
wolves killed in or near such towns ; and that all certificates of such 
payments to be returned to the treasurer, shall be in the form follow- 
ing ; that is to say, — 

* Sic in the original engrossment, and altered, as above, in the printed act; hoth, how- 
ever, are wrong, for the provision referred to is made by 1693, chap. 6, ^ 2 (5 W. & M.). 



184: Peovince Laws.— 1720-21. [Chap. 9.] 

Form of cer- " Mr. Treasurer : 

tificate, -pi^jg jjjj^y certify that there hath been paid unto sundry persons out of the 

town stock of for grown wolves, and wolves' whelps, killed 

in and near unto our town, and within this province, since the day of 

last past, and the heads thereof brought unto our constable or constables, 
and the ears cut[t] off in the in-esence of some of ourselves, as the law directs, 
(and so certified unto us) in the whole, the sum of pounds, w[/it]ch sum 

we desire you to allow to our town, by paying the same unto our town 

treasurer. Dated in aforesaid, the day of amio Domini 17 

> Selectmen. 

Town 2Veas[Mrc]r." 
\_Passed November 18 ; ^published December 19. 



CHAPTEE 9. 

AN ACT FOR THE BETTER REGULATING OF SWINE. 

1693.4, chap. 7, Whereas It is fouiid that the provision by law made for the regula- 

1713-14, chap, tloii of swine going at large, hath proved insufficient for preventing 

1716.17, chap. 9. gi'^^t damages being done in cornfields, meadows, pastures, &c., and 

that the additional act for the better regulation of swine going at large, 

is near expiring, — 

Be it enacted by His Excellency the Governour, Council and Represen- 
tatives in General Court assembled., and by the authority of the same, 
No swine to go [Sect. 1.] That from and after the fifteenth day of March next, no 
^'^^^' swine shall be suflered to go at large, or be out of the inclosure of the 

owner thereof, under the penalty of three shillings for each swine, for 
the first offence, and six shillings for the second offence, together with 
costs of prosecution, to be forfeited and paid by the owner of such 
swine found going at large, as aforesaid ; which fine or forfeiture, to- 
gether with the charge of prosecution, may be recovered by the proper 
hogreeves, or any other person, by bill, plaint or information, before 
any one of his majestie's justices of the peace in such county where 
such forfeiture shall arise, or by impounding such swine and proceeding 
with them as the law hath directed in case of impounding. 

And ivhereas it may so happen that the owner of such swine as go 

at large may not be known, — 

uiTgc*to b'^fm* [Sect. 2.] In such case, the party that finds any swine going at 

pounded. large, shall have power to impound them ; and if no owner appear 

within forty -eight hours, or appearing, do neglect or refuse to pay the 

forfeiture, together with the charges, that then the party impounding 

them shall cause them to be cried or posted up in the town where they 

[were] [ore] impounded, and in the two towns next adjoining ; and 

shall likewise cause the marks of the swine to be entered with the town 

clerk, and shall relieve such swine during the time they are in pound. 

No owner_ap. [Sect. 3.] And if uo owucr appear and pay the said penalty and 

Bw'inetobeeoid. charges withiu ten days after such impounding, then such swine shall 

be sold, at an outcry, to the highest bidder, by two suitable persons to 

be appointed and sworn to the faithful discharge of their trust by 

the next justice of the peace, or town, clerk, where no justice dwells ; 

which sellers shall give publick notice of the time and place of such 

sale twenty-four hours beforehand ; and out of the proceeds of such 

sale shall pay unto the party the said forfeiture and costs, as by bill 

allowed by said justice or town clerk ; and the surplusage thereof 

lie shall deliver to the treasurer of such town to be kept for the 



[2d Sess.] Peovince Laws.— 1720-21. 185 

unknown owner ; and if no owner do appear within the space of one 
year, then the town treasurer shall deliver the one half of the said sur- 
plusage to the prosecutor, the other half to the overseers of the poor, 
for the use of the poor of such town. 

Provided, nevertheless, • 

[Sect. 4.] That it shall be in the power of any town, in a town Proviso, 
meeting for that purpose appointed, by a vote, to give liberty for swine 
going at large within the bounds of such town ; and in such case 
it shall be laAvful for any and every person or persons to sutler his or 
their swine to go at large, anything in this act before contained to the 
contrary notwithstanding. 

Provided a?tra[?/][ie]s, 

[Sect. 5.] That every person suffering his swine to go at large by 
v[i][e]rtue of such town vote, shall (before he suffer his swine to go at 
large, as aforesaid) cause each of them to be well and sufficiently 
yoked, and ringed in the nose, and constautl}^ kept so ringed and 3-oked ; 
otherwise he shall be liable to, and shall paj^, the forfeiture and cost as 
is by this act before mentioned and provided : saving that they may go 
unyoked from the last day of October to the first day of April. 

And, to the intent all persons may know what a sufficient yoking 
doth mean, — 

It is hereby declared, 

[Sect. 6.] That no yoke shall be accounted sufficient which is not Bigness of the 
the full depth of the [stcine's'] neck [of the swine] above the neck, and ^'^^^' 
half so much below the neck, and the sole or bottom of the yoke three 
times so long as the breath or thickness of the swine's neck. 

And, for the rendring this act more effectual, — 

Be it further enacted by the authority aforesaid, 

[Sect. 7.] That every town within this province, at their annual Hogreeves to 
meeting in March to choose town officers, shall choose two or more March meeting, 
hogreeves, but not the same person more than once in four j^ears, whose 
duty it shall be to take due care that this act be duely observed (and 
in order thereto, shall pass through their precinct at least once every 
fortnight) and to prosecute the breakers thereof; who shall be sworn to 
the faithful [1] ane impartial discharge of their office. 

[Sect. 8.] And if any person so chosen shall refuse or shall neglect ^^ff" gl^aM neg. 
forthwith to be sworn, as aforesaid, or neglect his dutj^ in said office, he lectofduty. 
• shall forfeit and pay twenty shillings, to the use of the poor of such 
town, and upon his refusal another shall forthwith be chosen in his 
room, to be under the like penalty, and so till others will accept the 
said service ; which penalty shall be recovered by a prosecution before 
one of his majest[?/][ie]'s justices of the peace in the county where 
such person dwells. 

[Sect. 9.] And if any town shall neglect to choose such officers at 
their town meeting in March annually, or, on [their] refusal, to choose 
others, till a suitable number accept, they shall forfeit and pay the sum 
of twenty pounds for each neglect, the one half to his majesty for and 
towards the support of the government, the other half to him that shall 
prosecute for such neglect in any of his majest[?/] [ie]'s courts of record 
within the province. 

Provided, 

[Sect. 10.] That this act shall not extend to any town s[c]ituate Proviso, 
eastward of the town of Wells, nor continue in force longer than the 
end of the session of this court in May, anno one thousand seven 
hundred and twent3-six. \_Passed December 3 ; published December 19. 
24 



186 



Province Laws.— 1720-21. [Chaps. 10, 11.] 



CHAPTER 10. 

AN ACT AGAINST COUNTERFEITING THE BILLS OF CREDIT ON THIS 
PROVINCE, AND THE NEIGHBOURING GOVERNMENTS. 



Preamble. 
1711-12, chap. 1, 



Counterfeiting 
of province 
bills to be pun- 
ished with 
death. 



Whereas, notwithstanding the laws already made for the punish- 
ment of persons convict of forging and counterfeiting the publiclc bills 
of credit on the several provinces, many persons of late have been so 
hardy and wicked, for base lucre and gain to themselves, to forge and 
utter several counterfeit bills in imitation of the true bills of credit ; for 
prevention and remedy whereof, — 

Be it enacted by His Excellency the Governoiir, Council and Repre- 
sentatives in General Court assembled, and by the authority of the same, 

That whosoever, after the publication of this act, shall presume to 
forge, counterfeit or utter any bill or bills (knowing the same, when 
uttered, to be false and counterfeit) of the tenor or in imitation of any 
of the bills of credit on this province, by law established, or on the 
province of New Hampshire, the colony of Connecticut[t] or the colony 
of [^Rhode'] [Rhoad] Island and Providence Plantation, by law estab- 
lished within the said governments, or any of them, or that shall counsel, 
advise, procure, or any ways assist in the forging, counterfeiting, im- 
printing, stamping or signing of any such false bills, or engrave any 
plate, or make any other instrument to be used for the making any such 
false and counterfeit bills, every person and persons so offending, being 
thereof convicted, shall be adjudged to suffer the pains of death ; any 
law, usage or custom to the .contrary notwithstanding. \_Fassed No- 
vember 22 ; published December 19. 



CHAPTER 11, 

AN ACT IN EXPLANATION OF, AND IN ADDITION TO, AN ACT MADE IN 
[THE] THIRTEENTH YEAR OF KING WILLIAM, ENTITULED " AN ACT 
FOR REVIEW IN CIVIL CAUSES." 



1701.02, chap. 6. "Whereas, in and by said act, it is provided " That it shall be in the 
libert}'- of the party aggrieved at the judgement given in any inferiour 
court of common pleas, or in the superiour court of judicature, respec- 
tively, by new process to review the said cause once in each court " ; and 
whereas, it hath sometimes happened that, contrary to the meaning of 
the said act, the party in whose favour the judgement of the superiour 
court hath been given, hath, very soon after such judgement, taken out 
his writ [t] of review, pretending himself aggrieved by such judgement, 
and entered his action thereupon, when it hath been with intent to pre- 
vent the other person who was really aggrieved, bringing his writ[t] of 
review, and upon the tryal of such review, a doubt has arisen, as well 
from the nature of the review as from the form of the writ[t], 
wh[c][i]ther the defendant could have any relief, or indeed anj' other 
verdict or judgement than costs awarded him ; and thereupon as well the 
design of [the^ said law defeated, as manifest injustice sometimes may 
be done ; for remedy whereof, — 

Be it enacted by His Excellency the Governour, Council and Representa- 
tives in General Court assembled, and by the authority of the same, 
^w*of both That when and so often as it shall happen that both parties bring 

parties to be forward and enter their writ[t]s of review in the superiour court, that 
tb^uryf*^*" then and in such case, both writ[t]s or actions of review shall be com- 



[2d Sess.] Province Laws.— 1720-21. 187 

mitted together, by the court, to the same jury, in order to confirm, 
reverse or alter the judgement of the superiour court on the appeal, ac- 
cording to law and justice, aud as the matter shall appear upon the 
tryal ; any law, usage or custom to the contrary notwithstanding. 
[_Passed November 24 ; published December 19. 



CHAPTER 12. 

AN ACT IN ADDITION TO AN ACT ENTITULED "AN ACT FOR THE MORE 
SAFE KEEPING THE REGISTRY OF DEEDS AND CONVEYANCES OF 
LANDS," MADE IN THE FIRST YEAR OF HIS PRESENT MAJ[£Srr] [IE]'S 
REIGN. 

Whereas, in and by an act made in the first year of his present maj- ins-ie, chap. 5. 
est[?/] [ie]'s reign, entituled "An act for the more safe keeping the reg- 
istry of deeds and conveyances of lands," it was (among other things) 
enacted, "That there should be chosen in each county within this prov- 
ince, some suitable person, to be register in each county within the same, 
who should be chosen by the votes of the freeholders of each respective 
town, at their meeting in March then next following ; and that each per- 
son so chosen should continue in the said office five years," as hy the said 
act more full}^ appears ; but no provision is made in the said act for the 
choice of registers after the said five years, which are now near expired,. 

Be it therefore enacted by His Excellency the Governour, Council and Rep- 
resentatives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That the freeholders in each respective town within this Choice of regis. 
province, at their meeting in March next, and every five j^ears from b«fin°Marcht *" 
thenceforth, successively following, forever, at their several town meet- forever, 
ings in March, shall be and hereby are impowered and required to pro- 
ceed to ch[oo][u]se a register for each county respectively within the 
said province, qualified as in the said act is expressed. 

[Sect. 2.] And that the persons so chosen, as aforesaid, shall reside Register to re. 
and keep his office daily open in the respective shire town of each county, hi's'officc i^the 
and therein keep the books, records, files^and papers to the said office shire town. 
belonging. 

[Sect. 3.] And that all the other clauses, articles and paragraphs 
in the said act, are hereby made and declared to be perpetual, and shall 
abide and remain effectual and in full force and vertue, to all intents, 
constructions and purposes in the law, from henceforth and forever 
hereafter ; any law, usage or custom to the contrary notwithstanding. 
{^Passed November 17 ; pidjlished December 19. 



CHAPTER 13. 

AN ACT REPEALING AND MAKING VOID THE FORM OF THE WRIT[T] 
OF REPLEVIN DIRECTED TO IN AN ACT ENTITULED "AN ACT PRE- 
SCRIBING THE FORM OF WRIT[T]S FOR POSSESSION, SCIRE FACIAS 
AND REPLEVIN " ; MADE IN THE THIRTEENTH YEAR OF THE REIGN 
[OFJ KING WILLIAM THE THIRD; AND ESTABLISHING ANOTHER FORM 
INSTEAD THEREOF. 

Forasmuch as some further provision in the law is necessary relating 
to actions of replevin, and for rendering the proceedings therein more 
compendious and certain, — 



188 



Province Laws.— 1720-21. [Chap. 13.] 



Former writ of 

replevin made 

void. 

1701-2, chap. 3. 



New form of 
writ of re- 
plevin. 

8 Allen, 401. 



Be it enacted by His Excellency the Govemour^ Council and Represeu' 
tatives in General Court assembled^ and by the authority of the same, 

[Sect. 1.] That the said form of the writ[t] of replevin, prescribed 
in and by the abovesaid act, made in the thirteenth year of the reign of 
the said King William, and every article and clause therein contained, 
shall be and hereby is repealed, determined and made void and of none 
effect forever. 

And be it further declared and enacted by the authority aforesaid, 

[Sect. 2.] That from henceforth the "writ[t] of replevin to be is- 
sued out of the inferiour court, shall be from time to time granted and 
issued out in the form following ; that is to say, — 

S , ss. 

To the sheriff or marshal of the said county of S , his undersheriff or dep- 
uty, or constables of the town of B. within the said county, or to any or either 
of them, greeting : In his majest[?/] [ie]'s name you are required to replevie 
belonging to T. P. of B., addition now distrained or 

impounded by J. G. of B., addition and deliver tlie said 

unto the said T. P. and summons the said J. G. to appear before our 

justices of our inferiour court of common pleas next to be holden at B., within 
and for our county of S. aforesaid, on the day of , then and 

there in our said court to answer to the said T. P. in a plea of replevin, for that 
he, the said J. G., on the day of at a place called A., in B. afore- 

said, took of the plaintiffs, and drove them away and impounded them 

in and in the said pound them unjustly detained, against pledges and 

sureties, till this day ; which is to the damage of the said T. P. (as he saith) 
the sum of pounds, as shall then and there appear with other due dam- 

ages : j^rovided he, the said T. P., give bond to the value of pounds, 

with sufficient surety or sureties to prosecute his replevin at the s[ffi]d next 
inferioiu" court of common pleas, and so from court to court until [1] the cause 
be ended ; and to pay such costs and damages as the said J. G. shall recover 
against him. Hereof fail not, and make true return of this writ[t] with your 
doings therein, unto the said court. Dated in B. the day of in the 

year of his majest[2/] [ie]'s reign, a7itiog[ue} Domini 

A. D., Clerk. 



Copy of writ 
of replevin to 
oblige the de- 
fendant to an- 
swer. 



— and the like form of replevin to be observed for matters cognizable 
before a justice of the peace, mutatis mutandis; but neither of them to 
be construed to extend to any distress or distresses made by the proper 
officer, for any tax, fine or forfeiture. 

And be it further enacted by the authority aforesaid, 
[Sect. 3.] That in case the defendant in any action of replevin 
cannot be found, an attested copy of the said writ[t] of replevin, being 
left at the house or place of usual abode of the defendant, shall be suf- 
ficient to oblige him to answer to the suit. [^Passed December 6 ; pub- 
lished December 19. 



[3d Sess.] Pkovince Laws.— 1720-21^ 189 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Fifteenth day of March, A.D. 1720-21. 



CHAPTER 14. 

AN ACT FOR THE MAKING AND EMITTING THE SUM OF FIFTY THOU- 
SAND POUNDS IN BILLS OF CREDIT ON THIS PROVINCE, IN SUCH 
MANNER AS IS HEREAFTER EXPRESSED. 

Whereas the publick bills of credit on this province, which, for want Preamble, 
of silver, have for many years not only answered the charge of this his gee 1716-17, 
majesty's government, both in war and peace, but served as a medium '=^''P- ^^• 
of exchange in the merchandize, trade and business of the province, are 
grown scarce in proportion to the great demand of the same, — 

Be it therefore enacted by His Excelleiicy the Governour, Council 
and Representatives in General Court assembled^ and by the authority 
of the same, 

TSect. 1.1 That the sum of fifty thousand pounds in bills of credit Fifty thousand 

■, -^ n t t -1 ., , T -I r. ii -ii 1 a? xf pounds province 

of the same tenour of those already emitted, be forthwith made oti ot biiis to be made 
three plates ; that is to say, the sum of thirty thousand pounds off the "^^ ^^^»«>'' p^^*'-'^- 
plate of the highest denomination, sixteen thousand pounds off the digtrib 

plate of the middle denomination, and four thousand pounds off the utwi to the'sev- 
plate of the lowest denomination ; and lodged in the hands of the prov- propoTion/o 
ince treasurer, who is hereby directed and impowred to distribute the their last tax. 
same to the several towns within this province, according to each town's 
respective proportion to the last province tax. 

[Sect. 2.] And that the several towns within this province, which ^^0^ by^tZr' 
shall receive their respective parts of the said sum of fifty thousand trustees to let 
pounds, may by their trustees let out the same at interest on good real bliis. 
estates, or personal securit}', or otherwise make improvement thereof 
as they shall judge most beneficial and advantagious for them ; only they 
shall not proportion or subdivide it to and among their inhabitants, 
neither according to their particular tax, or aity other way. 

And be it further enacted by the authority aforesaid, 

FSect. 3.1 That there be five freeholders chosen and appointed in Trustees to be 
and by the town of Boston, the major part of them to be a qtiorvm, of 
good, clear and real estate, worth at least two thousand pounds each. Their quaiifica. 
of them ; and three or five freeholders chosen and appointed trustees 
in and by the several other towns within this province, the major part 
of whom to be a quorum, of good and clear real estates, worth at least 
five hundred pounds each of them ; except in new or small towns, 
under sixt}^ families, in which case each trustee shall be worth two 
hundred pounds ; which persons so chosen shall be sworn, as other To be sworn, 
town officers, to the faithful discharge of their trust, and shall be al- 
lowed out of their town treasuries, respectively, for their pains and 
trouble in the execution of their office, what the several towns in their 
good discretion shall think meet and convenient : provided, alicays, that Proviso. 



190 . Province Laws.— 1720-21. [Chap. 14.] 

none of the trustees of the fifty thonsand pounds, or commissioners of 
the one hundred thousand pounds loan, be chosen as trustees for the 
respective towns. 

And be it enacted by the autJiority aforesaid, 
Treasurer to [Sect. 4 J Tliut the provlncG treasurer, as soon as he shall have 

uotiiv select- I. -} L i 

men, when the received the said bills, do notify the selectmen of the several towns 
ceivedir ^^' thereof, that so they may assemble the freeholders, qualifyed as in this 
act is provided, to proceed to take out their proportions of the said 
bills, if they see meet ; and shall deliver them to their respective trus- 
tees, or their order, taking receipt for the same. The proportion of 
each town is as follows ; viz., — 

IN THE COUNTY OF SUFFOLK. 

Boston, nine thousand one hundred and sixty-five 

pounds, . . . . . . . . . £9,165 Os. Od. 

xbury, five hundred twenty-three pounds fifteen shil- 
lings, 523 15 

Dorchester, six hundred ninetj'-eight pounds, . . 698 
Hingham, five hundred thirty-one pounds ten shil- 
lings, . . • 531 10 

Brantrey, five hundred fort3"-eight pounds, ... . 548 
Dedham, four hundred twenty-three pounds five shil- 
lings, . . . 423 5 

Medfield, two hundred fifty-seven pounds ten shil- 

• lings, 257 10 

Bellingham, seventy-four pounds, . . . . 74 
Medway, one hundred twent3'-four pounds, . . . 124 
Weymouth, three hundred sixty-eight pounds ten shil- 
lings, . . . . 368 10 

Milton, two hundred sixtj'-eight pounds fifteen shil- 
lings, 268 15 

Hull, one hundred twent^'-four pounds, . . . 124 
Wrentham, two hundred seventy-two pounds ten shil- 
lings, 272 10 

Mendou, three hundred and thirteen pounds ten shil- 
lings, 313 10 

Woodstock, two hundred and sixty-three pounds five 

shillings, 263 5 

Brooklin, two hundred and fifteen pounds ten shil- 

■ • lings, 215 10 

Needham, one hundred and sixty-pounds, . ' . . 160 
Oxford, sixty-four pounds, ...... 64 

IN THE COUNTY OP ESSEX. 

Salem, one thousand three hundred and thirty pounds, 1,330 
Ipswich, one thousand four hundred and tweut^'-nine 

pounds, 1,429 

Newbury, one thousand one hundred and ninety-four 

pounds, 1,194 

Marblehead, one thousand one hund. thirty-two pounds 

tenshil., 1,132 10 

Lj'un, six hundred twenty-one pounds, . . . 621 

Andover, five hundred eighty-eight pounds -ten shil- 
lings, . . . . . . . .■ 588 10 

Beverly, five hundred ana eighteen pounds, . , 518 
Rowley, four hundred sixty-nine pounds ten shil- 
lings, 469 10 

Salisbury, four hundred and ten pounds ten shillings, 410 10 



[3d Sess.] 



Province Laws. — 1720-21. 



191 



Haverhill, five hundred thirtj'-eight pounds ten shil- 
lings, ......... 

Glocester, six hundred pounds ten shillings, 
Topsfield, two hundred fifty-five pounds, 
Boxford, two hundred twenty-eight pounds, 
Aniesburj', three hundred seventy-three pounds, . 
Bradford, two hundred fifty-one pounds, 
Wenhani, two hundred thirty-two pounds, . 
Manchester, one hundi-ed and eight pounds, 

IN THE COUNTY OF MIDDLESEX. 

Cambridge, four hundred and twenty pounds ten shil- 
lings, ......... 

Charlestown, one thousand one hundred thirty-five 
pounds, ......... 

Watertown, four hundred sixty-two pounds, 

Weston, one hundred ninetj'-five pounds ten shillings, 

Concord, six hundred forty-four pounds ten shillings, 

'V\"oburn, six hundred twenty-four pounds, . 

Beading, four hundred thirty-five pounds ten shil- 
lings, 

Sudbury, five hundred and eight pounds, 

Marlborough, four hundred and ninety-eight pounds, . 

Lexington, three hundred pounds ten shillings, . 

Newton, ttiree hundred eighty-three pounds ten shil- 
lings, . . . . . ■ . 

Maiden, three hundred and seventeen pounds, 

Chelmsford, four hundred and one pounds ' ten shil- 
lings, 

Billerica, three hundred ninety-six pounds, . 

Sherbourn, two hundi'ed sixty-seven pounds, 

Westborough, one hundred and eight pounds fifteen 
shillings, ......... 

Groton, two hundred seventy-seven i)ounds ten shil- 
lings, 

Lancaster, thi'ee hundred and ten pounds ten shil- 
lings, 

Framingham, three hundred and fifteen pounds ten 
shillings, ......... 

Medford, one hundred and sixty pounds. 

Stow, one hundred seventj^-seven pounds fifteen shil- 
lings, 

Worcester, fifty pounds, 

Dunstable, ninety-six pounds, ..... 

Dracut, seventy-four pounds ten shillings, . 

Leicester, fourteen pounds, ...... 

Littleton, fifty pounds, 

Rutland, 



£538 


10s 


.Ocl 


600 


10 





255 








228 








373 








251 








232 








108 








420 


10 





1,135 








4G2 








195 


10 





644 


10 





624 








435 


10 





508 








498 








300 


10 





383 


10 





317 








401 


10 





396 








267 








108 


15 





277 


10 





310 


10 





315 


10 





160 








177 


15 





50 








9Q 








74 


10 





14 








50 


















IN THE COUNTY OP HAMPSHIRE. 

Springfield, six hundred twenty-seven pounds five 
shillings, 627 5 

Korthampton, four hundred eighty-six pounds fifteen 

shillings, 486 15 

Hadley, two hundi'ed eighty-six pounds fifteen shil- 
lings, 286 15 

Hatfield, two hundred thirty-thi-ee pounds fifteen shil- 
lings, 233 15 



192 



Peovince Laws. — 1720-21. 



[Chap. 14.] 



Westfield, two hundred forty-eight pounds fifteen 

shillings, • £248 15s. Od. 

Suffleld, two hundred seventy-three pounds fifteen 

shillings, 273 15 

Enfield, two hundred and sixteen pounds fifteen shil- 
lings, 216 15 

Decrfield, one hundred thirty-three pounds five shil- 
lings, 133 5 

Brookfield, fifty pounds, 50 

Sunderland, twenty-five pounds, 25 

Northfield, 000 



IN THE COUNTY OF PLYMOUTH. 

Plymouth, six hundred pounds fifteen shillings, . 
Plynipton, two hundred sixty-nine pounds five shil 

lings, 

Scituate, seven hundred ninety-six pounds, . 
Bridgewater, five hundred sixty-eight pounds, 
Marshfield, four hundred twenty -four pounds five shil 

lings, 

Pembrook, one hundred ninety-five pounds, . 
Duxborough, two hundred sixt^'-two pounds five shil 

lings, 

Middleborough, three hundred and eighteen pounds 

ten shillings, ....... 

Rochester, three hundred and five pounds, . 
Abington, eighty-eight pounds ten shillings. 



600 15 

269 5 

796 

568 

424 5 

195 

262 5 

318 10 

305 

88 10 



IN THE COUNTY OP BRISTOL. 

Bristol, four hundred pounds, ..... 400 
Taunton, six hundred and nineteen pounds five shil- 
lings, 619 5 

Norton, with North Purchase, two hundred forty-seven 

pounds, . • 247 

Dartmouth, six hundred and eighty pounds, . . 680 
Dighton, two hundred eighty-three pounds, . . * 283 
Rehoboth, six hundred sixty-eight pounds, . . . 668 
Little Compton, five hundred and eleven pounds, . 511 
Swanzey, four hundred forty-two pounds, . . . 442 
Tiverton, two hundred twenty-nine pounds, . . . 229 
Freetown, two hundred and four pounds, . . . 204 
Attleborough, two hundred seventy -nine pounds, . 279 
Barrington, one hundred forty-nine pounds five shil- 
lings, 149 5 



IN THE COUNTY OF BARNSTABLE. 

Barnstable, six hundred and ninety pounds, . . 690 
Sandwich, four hundred fortj-two pounds five shil- 
lings, 442 5 

Eastham, four hundred sixty-eight pounds ten shillings, 468 10 
Truro, two hundred twenty-four pounds, . . . 224 
Yarmouth, four hundred thirty-one pounds five shil- 
lings, 431 5 

Harwich, two hundred ninetj^-eight pounds five shil- 
lings, 298 5 

Falmouth, one hundred seveut^'-four pounds five shil- 
lings, 174 5 

Chatham, one hundi-ed fortj^-nine pounds five shillings, 149 5 



323 10 
99 10 






359 10 
546 10 
240 15 
238 10 
25 
25 










647 






[3d Sess.] Peovince Laws.— 1720-21. 193 

IN DUKES COUNTY. 

Edgartowu, one hundred ninety -nine pounds, . . £199 Os. Od. 
Chilmark, three hundred twentj'-three pounds ten shil- 
lings, 

Tisbur}-, ninety-nine pounds ten shillings, . 

IN THE COUNTY OF YORK. 

York, three hundred fifty-nine pounds ten shillings, 
Kittery, five hundred forty-six pounds ten shillings, . 
Berwick, two hundred forty pounds fifteen shillings, . 
Wells, two hundred thirty-eight pounds ten shillings, . 

Falmouth, twenty-five pounds, 

Biddiford, twenty-five pounds, ..... 

Nantucket, six hundred forty-seven pounds, 

£50,000 Os. Od. 

And be it furtlier enacted by the authority aforesaid^ 

[Sect. 5.] That all the interest, profit or income arising by the im- interestof^^^ 
provement of the several towns' parts and proportions of the said bills the benefit of 
of credit, shall be for the use and benefit of each town, respectively, t'^*^ towns. 
towards defreyiug the town charges. 

[Sect. 6.] And that in the choice and appointment of the said trus- Qualification of . 
tees, and in the disposal of the principal sum which each town shall te"es"^ °^ 
receive, and the interest arising thereon, no person or persons residing 
in any town shall be allowed to vote or act, other than such as are in- 
habitants of such town, and have an estate of freehold worth at least 
forty shillings per annum in the said town. 

[Sect. 7.] And in case of the death or removal of any of the said fg°^^*™^^\?^^ *° 
trustees, the several towns within this province are hereby impowred case of the 
and directed to choose and appoint others in their room, qualified as "llfl^^^" °^ 
aforesaid, who shall likewise be sworn to the faithful discharge of their 
trust, as in this act is provided. 

And he it further enacted^ 

TSect. S.i That as a fund and security for the draAving in and Fund for cW. 

L -"„ , .-,,.,,. , ITT, T ^ 1 J? ing in the bills. 

repayment of the said bills into the publick treasury, and to and lor 
no other use or purpose whatsoever, there be, and hereby is, granted 
unto the king's most excellent majesty a tax of fifty thousand pounds, 
to be levyed on polls, and estates both real and personal, and by no 
other ways, within this province, according to the rules of raising 
money for defreying the province charges, upon the several towns and 
districts within the same, and in proportion to the sums severally 
received by the respective towns within the same, and paid into the 
publick treasury in manner following ; viz., ten thousand pounds thereof 
b}' the last day of May, cutjio Domini one thousand seven hundred 
and twenty-six ; ten thousand pounds more by the last da}^ of May, 
one thousand seven hundred and twenty-seven ; ten thousand pounds 
more thereof by the last day of May, one thousand seven hundred and 
twenty-eight ; ten thousand pounds more by the last day of May, one 
thousand seven hundred and twenty -nine ; and ten thousand pounds 
residue thereof, by the last day of May, anno Domini one thousand 
reven hundred and thirty ; which makes the whole sum of fifty thou- 
fand pounds, to be collected from the several tow^ns, or paid out of 
taeir stock, according to the sums they severally received from the 
province treasurer. 

[Sect. 9.] And that the bills, as they shall be received into the Bills to be burnt 
treasury, after they are viewed and counted by a committee to be when drawn m. 

25 



191 



PiioviNCE Laws.— 1720-21. [Chaps. 15, 16.] 



appointed by this court for that purpose, shall be burnt to ashes ; any 
law, usage or custom to the contrary notwithstanding. \_Passed March 
31, 1721. 



CHAPTEE 15. 



Preamble. 

1699-1700, chap. 

26, § 1. 

1702, chap. 10, 

§2. 



Assessors of 
parishes, &c., 
to be under 
oath. 



Parish commit- 
tees to have 
power to call 
meetings. 
3 Mass., 281. 



Assessment 
made not under 
oath, to be held 
good. 



Proviso. 



AN ACT IN ADDITION TO AN ACT MADE IN THE TWELFTH YEAR OF KING 
WILLIAM, ENTITULED "AN ACT DIRECTING HOW TAXES TO BE GRANT- 
ED BY THE GENERAL ASSEMBLY SHALL BE ASSESSED AND COLLECTED," 
AND FOR THE RATIFYING AND CONFIRMING THE PROCEEDINGS OF 
THE ASSESSORS OF PRECINCTS, DISTRICTS AND PARISHES, AND THE 
COLLECTING OF SUCH RATES AND TAXES AS MAY HAVE BEEN MADE 
BY SUCH ASSESSORS, ALTHO' NOT UPON OATH; AND TO IMPOWER COM- 
MITTEES OF PRECINCTS, &c., TO CALL MEETINGS. 

Whereas it is not expresslj^ declared in and by the said act of the 
twelfth of King William, that the assessors of precincts, districts and 
parishes shall be upon oath, and some of the assessors legally chosen 
iDy and for some of the districts, parishes and precincts within this prov- 
ince, have not been under oath, and thereupon some difficulty has arisen 
as to the collecting and paying such parish and precinct taxes or rates. 

Be it therefore declared and enacted by His Excellency the Governour^ 
Council and Representatives in General Court assembled, and by the 
authority of the same, 

[Sect. 1 .] That from and after the publication of this act, all assess- 
ors, as well those of and for parishes, precincts and districts, shall be 
under the obligation of an oath to make their assessment just and equal, 
according to the rules in the law provided. 

[Sect. 2.] And that the committee chosen in precincts, districts 
and parishes to manage their prudentials, shall have the like power 
and authority to call and appoint meetings of their respective precincts, 
districts and parishes, as the selectmen of towns have to call and ap- 
point town meetings. 

And be it further enacted, 

[Sect. 3.] That all assessments hitherto made by any assessors 
legally chosen for any precinct, parish or district within this province, 
although not upon oath, shall be, and are, legally held, deemed and 
made good and valid to all intents and purposes, as if the same had 
been made upon oath ; and all constables, collectors and persons con- 
cerned are to conform themselves accordingly : provided, always, that 
such assessments that have been made, and the assessors not under 
oath, and the whole or any part thereof not collected, that in all such 
cases, oath shall be made by those assessors living that made the as- 
sessments, if thereto required, that they acted impartially and accord- 
ing to their best skill and judgment ; any law, usage or custom to the 
contrary not-withstanding. \_jRassed March 2S, 1721. 



CHAPTER 16. 

AN ACT TO PPxEVENT MISPENDING MONEY IN TAVERNS. 



Preamble; Whekeas mau}^ persons are so extravagant in their expences at tav- 

i6|2-3, chap. 20, ^^^^^ ^^^^ other liouscs of common entertainment, that it greatly hurts 
1693-4, ch. 20. their families, and makes them the less able to pay and diseharr,e their 



[3d Sess.] Peovince Laws. — 1720-21. I95 

honest, just debts, and are encouraged in this practice by the taverners, ^^os, chap. 10. 
retailers and keepers of houses of entertainment [b}'] giving them too ' - -> ^ ap- 
great credit ; for remedy whereof, — 

Be it enacted by His Excellency the Governour, Council and Represen- 
tatives in Genercd Court assembled, and by the authority of the same, 

That if any in[«]holder, retailer, alehouse-keeper, or common victual- Taverncr, &c., 
ler, shall, after the puldication of this act, trust or give credit to any fo/drhik a'nd * 
person inhabiting in the same town where they are trusted, for victuals victuals exceed. 
or drink, for more than ten shillings, such in[?i.]holder, retailei", alehouse- Jhfgs!" 
keeper, or common victualler shall forfeit all such sums so trusted ; and 
all actions to be brought for such debt or debts to be utterly excluded 
and barred ; any law, usage or custom to the contrary notwithstanding. 
\_Passed March 30, 1721 ; published April 1, 1721. 

Notes. — A general court was convened May 25, 1720, but ^^sls dissolved after a session 
of five days, during which no acts were passed. A new assembly met July 13, and sat ten 
days, when it was prorogued to September 28 ; but was again prorogued, by proclamation, 
September 15, to November 2, following, which was the beginning of the second session. 
The second session continued to December 17, when it was prorogxied to February 15, 
1720-21, and, again, on the fourth of February, by proclamation, to March 15. The third 
session l:)egan March 15, 1720-21, and was dissolved March 31, 1721. The engrossments of 
all the acts of this year, except of chapters 14 and 15, are preserved, and all were printed 
but chapters 3, 4 and 5. 

The following are the titles of the private acts passed at the several sessions : — 

"An Act Enabling Elizabeth Carder, Widdow to Coiilencc an Action at Common L.aw in 
an Authentick Copy of a certain Bond entered into by Anthony Haywood of Boston Mer- 
chant deceased, on the Seventh day of August One Thousand Six Hundred & Eighty Eight 
in the penal Sum of Two Hundred and Fourty pounds Condition for the paynicnt of One 
Hundred and Twenty Pounds with Interest unto Elizabeth LeiSon since deceased." — 
[Passed July 23. 

"An Act to Enable Richard Ireson of Marblehead in the County of Essex Coi'dwainer 
to tile Reasons of Appeal in the Clerks Office of the Inferiour Court within the County of 
Essex in a Case lately depending between him & Edward Wilkinson of Boston In the 
County of Suffolk, Coaster." — [Passed November 19. 

"An Act to Enable Simon Stephen of Eastham in the County of Barnstalile Indian La- 
bourer to prosecute an Appeal in a Cansc lately depending between him & his Brother 
Stephen Mortaquitt alias Stephen Stephen & one Peter Dogamus as Appellants against 
Thomas Nickerson junf of Chatham in the County aforesaid Labourer, Appellee." — [Passed 
November 22. 

"An Act to Enable Jonathan Page of Groton in the County of Middlesex Husband Man 
to prosecute an Appeal lietween him & Nathaniel Sparhawk of Cambridge & Simon Gates 
of Marlborough in the said County of Middlesex Administrators to the Estate of Stephen 
Gates, Sen>", Dec^i & to file Reasons of Appeal in the said Cause in the Clerks Office of the 
Inferiour Court of Common Pleas within the County of Middlesex." — [Passed Novem- 
ber 28. 

"An Act to Enable Ebenczer Newell of Roxbury in the County of Suffolk Husband Man 
to enter & prosecute his Appeal b.v him made from a Judgement given against him at the 
Court of General Sessions of the JPeace holden at Boston for the County of Suffolk on the 
tiftli day of April last at the Court of Assize & General Goal Delivery to be holden at Bos- 
ton for the said County of Suflblk in the first Tuesday of May next." — [Passed Decem- 
ber 6. 

"An Act to Enable William Taylour of Lyn in the County of Essex, Gentleman, as he 
;s Administrator to the Estate of Rebecca Taylour, late of Lyn aforesaid Widow dcci to 
Enter two sev" Actions at the next Inferiour Court of Common Pleas to be held for the 
County of Suffolk on the first Tuesday of January next, against Christopher Taylour of 
Boston in the said County of Suffolk Mariner So that he may proceed to Tryal thereof in 
Order to recover Judgem' for two sev" Sums the one of Thirteen Pounds six Shillings & 
eight Pence & the other of Twenty nine Pounds, three Shillings & four Pence against the 
said Christopher Taylour for so much due to the said Rebecca Taylour in her Life Time 
for B.QWt."— [Passed December 9. 

"An Act to Enable Samuel Banister of Boston INIerch' as he is Adminisf of all & singu- 
lar the Goods & Chattels, Rights & Credits of Thomas Banister late of Boston afores^ 
Mercht Dec' Intestate to prosecute an Appeal between him in his said Capacity & Coll. 
Edmund Goffc of Cambridge in the County of Middlesex Esq'' & to file Reasons of Appeal in 
the Cause in the Clerks Office of the Inferiour Court of Common Pleas within the County 
of Middlesex."— [Passed December 16. 

"An Act to Enable James Dike of Glocester in the County of Essex to Prosecute an Ap- 
peal from a Judgement given against him by Epes Sargeant Esq' one of his Majesties Jus- 
tices of the Peace for the said County in a Cause lately depending before the s<' Justice 
between the said James Dike & James Sawyer aforesaid." — [Passed March 25, 1721. 

"An Act to Revive an Act entituled 'An Act to Enable William Taylour of Lynn in the 
County of Essex Gentleman as he is Administrator to the Estate of Rebecca Taylour late 
ot Lynn aforesaid Widow Dec' to Enter two several Actions at the Inferiour Court of 
Connnon Pleas held for the County of Suffolk on the first Tuesday in Januarv'1720 against 
Christopher Taylour of Boston in the said County of Sufi"olk Mariner so that 'he might pro- 



196 Province Laws.— 1720-21. [Notes.] 

ceed to Trj-al thereof in Order to Recover Judgement for two several Sums the One of 
Thirteen Pounds six Shillings & eight Pence And the other of Twenty nine Pounds, three 
Shillings 8; four Pence against the said Christopher Taylour for so much due to the said 
Rebecca Taylour in her Life Time for Rent ' Which sd. Act was passed at the Session held 
the second of November 1720." — [Passed March 29, 1721. 

The acts of this year appear to have been received by the Board of Trade as early as 
August 9, 1721, and, with the exception of chapters 3, 4, 5 and 14 were included in the list 
of acts referred to Mr. West October 15, .1724, as shown in the Notes to 1719-20, ante. To 
all of these, except chapter 7, jNIr. West reported that he had " no objection to their being 
passed into Law." His objections to chai)ter 7 are shown in the note to that chapter, ^osi. 
These acts were again considered by the Board in 1735, mthout objection. 

The following extract from Governor Shute's letter enclosing these acts, or some of them, 
is deemed sufficiently interesting to be inserted here. It will be seen by the extract from 
the Journals of the Board of Trade, which follows, that the acts enclosed were laid before 
the Board at the date above stated : — 

"Boston, June 1. 1721. 

My Lords, The Packet I have by this Ship sent to your Secretary would have been 
sooner dispatched had there not been one Assembly more this year than usual; at all 
which Asscmblys the Secretary of the Province is obliged constantly to attend, which has 
prevented him from finishing these Minutes so soon as I could have wished, being always 
willing to send the R' Hon'^'"-' Board the earliest notice how the atJairs of this Province pro- 
ceed in the most perfect manner that I am capable of. 

I shall in general observe to your Lordships that the House of Representatives in the two 
last Sessions have in many of their Proceedings not paid their just duty to the King's 
Royal Prerogative but have endeavoured to exceed the bounds granted to them in the 
Royal Charter; neither have they liad a just regard to His Majesty's Instructions given to 
me their Governor which I have often communicated to them. 

I take the lilierty to assure your Lordsiiiiis that I have always strenuously endeavoured 
to assert tlie Royal I'rerugalivc (for wliieli I have not a little sulicred as to my own private 
interest) and cainiot l>ut sny llis Majesty's Council have in a great measure assisted me in 
it. I shall not enter into the particular points in my letter wherein the House of Represen- 
tatives have endeavoured to exceed the priviledges granted to them in their Charter because 
the Minutes and Papers that are herewith transmitted will give your Lordships a full & 
perfect accomjrt how the atl'airs of this Province stand. 

I therefore take leave to refer the Rt. Hon'''" Board to my speech at the Dissolution of 
the late Assembly which you will tind in the last Paragraph of the Minutes in the Sessions 
held in March 1720 by the iierusal whereof your Lordships will see the particulars of the 
complaint I make of their Proceedings. 

I must also remark that the House of Representatives generally consist of persons (bet- 
ter adapted to their farming aflairs than to be Representatives of the Province) who are 
drawn into any measures by the craft and subtilty of a few designing persons who when 
they are indeavouring to invade the Royal Prerogative, make tlie luithinking part of the 
Assemlily believe that they only are asserting the just priviledges of the people and by this 
ftilse guise these men become the favourites of the populace who believe them to be the 
only Patriots of the Country. 

At the head of this party presides one Elisha Cooke Esq who was removed out of the 
Council for denying His Majesty's Title to the Woods in the Province of Main, notwith- 
standing the Acts of Parliament made in that case, and in the last Sessions of Assembly 
continues to persue the same nieasui-cs to the great prejudice of the Crown of Great Brittain, 
which will more fully appear liy the pajjcrs I have now transmitted * * * * * 

I shall allways witli pleasure receive the commands of the Rt. Honij'" Board, being with 
great regard Mv Lords Your Lordsi'* most lium'^''" Serv' Samuel Shute 

To the Rt. Hon'^i" Tlie Lords of Trade and Plantations " 

" (Indorsed) Rec'i 2"'! Aug"' Read 9"' D" 1721." 

" {Inclosiire) ' The Answer of the House of Representatives to his Excellency the 
Governour's Speech. (signed) Tim'> Lixdael, i>pcakcr.' 

March 21. 1720 "—Public Record Office: " .V. £., JJoard of Trade," vol. 13, X. 24. 

Whitehall, Wednesdav, August 9"' 1721. 
At a Meeting &<: * * * * ' * * * * * 

A Letter froni Col' Shute, Gov of the IMassachusets Bay &■■ dated 1*' of June last, was 
read & the undermention'd Acts & publick papers lately receiv'd from that Province, were 
laid before the Board ********* 
whereupon Ordcr'd that an Abstract be made of the Minutes referr'd to, in the said Letter, 
relating to the Assemlily's opposing the King's Prerogative and disregard to His Majesty's 
Instructions." — " I'rade-pajJers (Journals); " in Public Record Office, vol. 25, p. 275. 

Chap. 3. " July 14, 1720 Benjamin Lynde & Jonathan Belcher Esq'' went down to the 
House of Represent"* on the following Message ; Viz., 

That the Resolves of the General Court have determined that the Seventeen Thousand 
Pomids to be dra-wn in this Year be levied by a Tax on Polls & Estates without Mention- 
ing any other Fund & Security for the same. And therefore the Board propose an Amend- 
ment in that Part of the Preaml)le of the Impost Bill, Which expresses that the Duties of 
Impost & Tannage of Shipping were to be in Part a Fund and Security for Drawing in the 
said Seventeen Thousand Pounds." — Council Records, vol. XI., p. 11. 

Chap. 4. " July 20, 1720. In the House of Represent^-^' July 19, 1720. Voted that Six 
Thousand Pounds only of the Seventeen Thousand Pounds granted in the Years 1714 & 
1717 be levied and raised on Polls & Estates, And that the Duties of Impost and Tannage 
of Shipping with the Income of the Bills lent out, the Light House &e be a Fund and 
Security for the Drawing in of the remaining Eleven Thousand Pounds. 



[Notes.] Peovince Laws. — 1720-21. 197 

In Council ; Read & Voted that Samuel Scwall, Addington Davenport, Thomas Hutchin- 
son & Thomas Fitch Essq" carry the said Vote back to the House of llepreseut^'-'* with the 
following Message; Viz., 

The Board propose that the Seventeen Thousand Pounds to be drawn in this Year may 
be levied by a Tax upon Polls & Estates, According to the Proanisc & Engagement of the 
General As'scmbly in the Years 1714 & 1717, That so the Income arising by the Duties of 
Impost & Excise & other Ways may be received in & so the Sum Total ascertain'd before 
they come to be reckoned Part of what shall be raised ; Which may by this Means every 
succeeding Year be accomptcd Part of what is to bo raised, find thereby equally ease the 
Tax and lictter support the Honour of the Government. 

A Message came up from the House of llcprcsentatives by Oliver Noyes Esq"" Elisha 
Cook Esq'' "John Stoddard Esq'' Cpt. William Throop and M'' William Stacey That the 
House have considered and weighed the last Message from the Hon^e Briard relating to 
the Tax to be liaised this Session, And that they see no Cajse to Rececd from or Alter 
their Vote in that Matter 

In Council; The Vote for a Tax of Six Thousand Pounds only (As Enter'd above), 
Read again & Coneur'd Consented to, SamJl Shvte." 

— Council Records, vol. XL, p. 22. 

Chap. 7. " To the Right Honourable the Lords Commissioners of Trade and Plantations. 

My Lords, In obedience to your Lordshipps commands I have perused and considered 
an Act pass'd in the Province of the Massachusetts Bay in New England in 1720, Entituled 
A71 Act for explanation of and stqjplement to an Act referring to the j)oor if 

To take care of the poor is an intention so justifiable that 'tis impossible to olyect to it. 
But the power which to that end is by this Act vested in the Parish Officers is very unac- 
countable since at their pleasure they may disturb the peaceable living of any person what- 
soever by informing for the strangest misdemeanors that were ever invented. No single 
person of ciihcr sex without any distinction as to their circumstances must live at their own 
hand, Init under some orderly iamily Government that is, they must not keep house for 
themselves. This I submit to Your Lordshipps as a most unreasonable restraint. Another 
provision is, that no Woman of ill fame, married or unmarried, shall bee pennitted to 
entertain lodgers : The whole seems too hard, but to extend it to marryed women is unjust, 
since if their husbands will receive lodgers, it is not in their power to prevent it, and con- 
sequently ought not to sutler for the Act of their Husband. 

For these Reasons therefore I am of opinion That this Act is not proper to bee passed 
into Law. ********** * 

All Avhich I humbly certifye to Your Lordshipps. 

And am My Lords, Your Lordshij)ps most obedient and most humble Serv' 

14 May 1725. Rich. West." 

\IndorsccT\ Rec'ed May 29'^ 1725 Read Nov 28"' 1735 

" His Objections to one only. List marked It does not appear that the Act herein ob- 
jected to, has been presented to the Crown, and consequently may be repealed, if thought 
proper."— 2^i(6;/c Record Office : "N. E., Board of Trade," vol. 23, B.b., 133. 

Chap. 12. " April 12. 1735. A petition of Samuel Gerrlsh Register of Deeds for the 
County of Suffolk, Shewing that there were divers Deeds left in the Office at the death of 
John i5allantine Esq'' the late Register, which the Petition'" hath since recorded, but has 
not signed the Record, Apprehending that he has not power by Law to do i! ; tiiat there 
are above live hundred Deeds enter'd in the Books but the Books not signed by the late 
Register, Praying that this Court would give him proper directions in the Premises. 

In the House of Representees Read & Voted that the Petitioner M'' Samuel Gcrrish Regis- 
ter of Deeds for the County of Suffolk be & hereby is enabled & directed to certify the Record 
of the Deeds he found in the Office (& has since recorded) according to the time of their 
reception into the Office, noted on the said Deeds, and if any shall not bo so noted then then- 
Reception to bear Date the first day of his taking the Office & that the Records of the Deeds 
enter'd in the Books before he came into the Office, but the Book not attested, be compared 
with the Original by the said M'' Gerrish & by him certified ; which Attestation is hereby 
declared good & valid ; And whereas some of the original Deeds may be in the possession of 
the Owners, & therefore the Record cannot be compared Avith them ; to remedy this the 
Register is hereby directed to notify in the publick News Papers that all Persons who have 
Deeds recorded and not attested as soon as may be bring their Deeds to the said Office. 

In Council; Read & Coneur'd ; — Consented to, J. Belcueu" 

—Council Records, vol. XVI., booh- 3, pp. 121, 122. 

" July 21, 1741. A Petition of Ezekiel Goldthwait Register of Deeds for the County of 
Suffolk ; praying that he may be impowercd to sign the Books of the Record of such Deeds 
as -were left unrecorded or tlie Record unattested'by the two last Registers M'' Ballantine 
and Mf Gen-ish. 

In the House of Represent^s Read and Voted that M»' Ezekiel Goldthwait,. Register of 
Deeds for the County of Suffolk be enabled and directed to certify the Record of the Deeds 
he found in the Office (and has since recorded) according to the time of their reception into 
the Office noted on the said Deeds, and that the Records of the Deeds entered in the Books, 
but the Books not attested cither by John Ballantine Esq'" the former Register or M^ 
Samuel Gerrish the late Register be compared with the Original Ijy the said IM'' Goldthwait, 
and by him be certified, and such Attestation is hereby declared good and valid." — Ibid., 
vol. XVII., 2}. 2i. 

Chap. 14. At the November session in the House a bill for making and emitting £100000 
in bills of credit passed to be engi-osscd, and was read three times in the Council, who 
unanimously non-concurred, December 7. Another bill to the same effect having passed 
to l)e engrossed, in the House at the third session, was unanimously non-concurrect in by 
the Council, March 21, 1720-21. The following proceedings then ensued :— 



198 Province Laws.— 1720-21. [Notes.] 

" March 21, 1720. In Council; Ordered that a Message be sent down to the House of 
Representee's That the Board have Non-Concur'd the Bill for Making and Emitting the Sum 
of One Hundred Thousand Pounds in Bills of Credit of this Province in such Manner as 
in the said Bill is Declared ; That the Board arc willing (& therefore Propose) That a 
reasonable & sufficient Sum of Province BiLs be made & Emitted this Session in some just 
safe & convenient Method (So alwaics that the Value of the publick Bills be not depreciated) 
as well fur the Assistance of the Government, the Ease of Trade & of such as have taken 
up of tlic pulilick Moneys, as for the Encouragement of the Produce & Manutactures of 
the Province : And if the House ^\ill raise a Committee for that Purpose, The Board are 
very willing & ready to join in it. And to Communicate to tliem some Projections that have 
been latelyprcparcd for that Purpose : Sent down by Penn Townsend, Edward Bromlield 
& John Otis Esq's & tjie Secretary." — Coimcil Records, vol. XL, p. 136. 

" March 21. 1720. In the House of Represent^'"' Ordered that Ehsha Cook, Isaac Little 
Esq''* M' Ebenczcr Austin, ]SI''Nath" Knolton, Coll. AVilliam Dudley, Coll. Henry Somersby, 
Cpt. William Throop & IMajor Mclctiah Bourne witli such as the Hon'''" Board shall appoint 
be a Committee to project & lay before the Court a Draught of a Bill or Bills for the Emis- 
sion of One Hundred Thousand Pounds in Bills of Credit on this Province in the best & 
most advantageous Manner that may be for a Medium of Trade and Commerce & Encour- 
agement of tile Pi-oduce & Mannfactui-cs of the Province. 

In Council Read & Concur'd with the following Amendment : Viz., Instead of the Words 
[One Hundred Thousand Pounds] the Words [A sufHcient and rcasonal)]c Sum] And that 
Samuel Sewall, Penn Townscnd, Thomas Hutchinson, Samuel Brown, John Cushing, Na- 
thaniel Payne & John Otis, Esq"* be Joined with the Committee of the House for the Affair 
aforesaid. 

The said Vote was sent down with a Message ; Viz., That inasmuch as the Method of 
Raising & Emitting of Bills of Credit is left to the Committee to prepare & Report to the 
General Assembly, The Board is of Opinion That it will be best for the Committee to Con- 
sider also of y Quantinn or Sum to be Emitted 

In the House of Reprcsent^'*^^'' The said Amendment M-as Read & Non-Concur'd, And 
Voted that the House insist on their Vote." — Ibid., p. 137. 

" March 22. 1720. The Order for a Committee to prepare the Draught of a Bill or Bills 
for Making & Emitting of Bills of Credit, being insisted on by the House without the 
Amendment, As Enter'd Yesterday. 

In Council : Read & Voted that the Board do adhere to their Vote above. 

In the House of Represent' '■■* Read & Concur'd with the Amendment. — Ibid., p. 138. 

" March 27, 1721. A Bill entituled An Act for the Making the Sum of Fifty Thousand 
Pounds in Bills of Ci'cdit on this Province in such Manner as is hereafter express'd :— 
Having been Read three several Times in the House of Representatives, & there Pass'd 
to l)e Engross'd ; 

In Ooxmcil; Read a first & second Time." — Ibid., p. 144 

" March 28. 1721. A Bill entituled An Act for the Making & Emitting the Sum of Fifty 
Thousand Pounds in Bills of Credit on this Province in such a Manner as is hereafter Ex- 
press'd : — In Council ; Read a second Time & Debated." — Ibid., p. 146. 

" March 29. 1721. A Bill entituled An Act for the Making & Emitting the Sum of Fifty 
Thousand Pounds in Bills of Credit on this Province in such Manner as is hereafter express'cl. 

In Council ; Read a third Time & Pass'd a Concurrence to be Engross'd, with Amend- 
ments. 

Which Amendments were Read in the House of Representatives, and some of them Agreed 
to, And the Bill insisted on with a Disagreement to the other Amendments." — Ibid.]}. 147. 

" March 29. 1721. The following Message was sent down from y*" Board with the Bill 
for Making & Emitting the Sum of £50,000, in Bills of Credit, by Addington Davenport, ' 
Samuel Thaxtcr Esq''* and the Secretary, Viz, 

In Council : Voted that a ISIcssage be sent down to the Hon'''" House of Represent^"' 
That the Board propose that a suitaljle sum in Bills of Credit over & above the Thirty Thou- 
sand Pounds, be lodged in the publick Treasury for Encouraging & Purchasing of Hemp 
Flax or such other Produce of the Province as may be thought proper." — Ibid., p. 148. 

"March 31, 1721. In the House of Rcpresente'<^* Ordered that the Committee who made 
the last Bills of Credit on this Province be Desired & Directed to Print & hnish off as soon 
ns may be the Sum of Fifty Thousand Pounds upon the Plates & in Proportion as is 
Directed in the Bill Entituled An Act for the Slaking & Emitting the Sum of Fifty Thou- 
sand Pounds in Bills of Credit on this Province in such Manner as is hereafter Directed, 
Pass'd this Session And Deliver them to tlie Province Treasurer Taking his Receipt for 
the same The said Committee to be paid for their Service as for the last they made. 

In Council ; Read & Concur'd.— Consented to, Samli. Shute " 

—Ibid., p. 150. 

" June 16. 1721. In the House of Reprcsent^-es j^ne 14. 1721. Ordered that the Thirty 
Thousand Pounds already flnish'd (As by Advice of the Committee) being Part of the 
Fifty Thousand Pounds Ordcr'd to be Emitted by the General Court at their last Sessions 
shall lie lodged in the Hands of the Province Treasurer until the Whole be finished. 

In Council, Read & Concur'd — Consented to, Samll Shute." 

—Ibid., p. 171. 

" Sept. 7. 1721. In the House of Represent^'^s AVhercas by an Act of this Governmentfor 
Emitting the Sum of Fifty Thousand Pounds in Bills of Credit Pass'd at a Session of the 
Great &. General Court or Assemljly held at Boston by Prorogation on Wednesday the fif- 
teenth Day of iSIarch last Past, It is Enacted ' That the Province Treasurer as soon as he 
shall have received the said Bills shall Notify the Select Men of the several Towns thereof 
^ That so they may assemlile the Freeholders quahfied as in the act is provided to Proceed 
& Take out their Proportion of the said Bills, If they see meet & deliver them to their 
respective Trustees or their Order Taking their Receipt for the same.' M'' Treasurer Allen 
informing the House that Forty Thousand Pounds of the Fifty Thousand are made & 
finished. But that the other Ten Thousand Pounds being made off of the Plates of the 



[Notes.] Province Laws. — 1720-21. 199 

lowest Denominations necessarily demand some further Time before they wifl be brought 
to bim : Wherefore, Resolved that M"' Treasm-er Allen shall & may (Notwithstanding the 
aforesaid clause in the Act) Give out to the Trustees (or their Order) of all such Towns 
as apply to him for their Proportion of the Fifty Thousand Pounds as far as the Bills in 
his Hands will enable him And that the Select Men of the several To'wns assemble the 
Freeholders of their respective Towns to Chuse Trustees for Disposing of their proportion- 
able Sums. 

In Council ; Read & Concur'd — Consented to, Samll Shute." 

—Ibid., p. 2^2. 

(a.) " July 22. 1720 In the House of Reperesent™^ July 21, 1720. 

Resolved that the Treasurer be & hereby is directed to Issue forth and Emit the Sum of 
Five Thousand Pounds of the Bills of publick Credit that are or shall be received into the 
Treasury for Payment of the publick Delfts of the Province already contracted for the De- 
fence and Support of the Government and the necessary Protection & Preservation of the 
Inhabitants of this Province and for the Forts & Garrisons and the Wages arising for 
their Service, For the Paj'ment of Grants, Salaries & Allowances made & to be made by this 
Court, According to such Draughts as from Time to Time shall be made upon him by War- 
rant or Order of the Govemour or Commander in Chief for the Time being by and Avith the 
Advice & Consent of the Council, And the said Bills shall pass out of the Treasury at the 
Value therein express'd equivalent to Money, and shall be so taken and Accepted in all 
public Payments. 

And as a Fund & Security for the same. There be & hereby is Granted to his most Ex- 
cellent Majesty to the Ends & Uses aforesaid a Tax of Five Thousand Pounds to be levied 
upon Polls and Estates both Real & Personal within this Province according to such Rules 
and in such Proportion iipon the several Towns and Districts within the same as shall be 
Agixed on and Order'd by the Great and General Court or Assembly of this Province at 
their Session in May One Thousand seven hundi'ed and twenty four and Payd into the 
Treasury the last Day of December next after ; 

And whereas through the Scarcity of Bills of publick Credit It gi'ows difficult for Persons 
to convert the Produce of their Lands and other Effects into Bills and pay their Rates in them ; 

It is further Ordered that the Inhabitants of this Province shall have Lil)erty (If they 
see Cause) to pay the several Sums that shall be on them respectively Asscss'd in the Species 
hereafter mention'd At such Rates and Prices as the General Assembly shall sett them : 
Viz., In good Barrel Beef or Pork, Or in Wheat, Pease, Barley, Rye, Indian Corn, Oats, 
Flax, Hemp, Bees Wax, Butter in Firkins, Cheese, Hides, Tan'd Leather, Dry Fish, Mack- 
eril in BaiTclls, Oyl, Whale Bone, Bayberry Wax or Tallow; Which Species shall be re- 
ceived by the Treasurer of the several Constables or Collectors to be by him disposed of to 
the best Advantage for the Calling in of the said Bills into the Treasury ; And if any Loss 
by the Sale of the aforesaid Species or by any other unforeseen Accident shall arise. Then 
such Deficiencies shall be made good by a Tax of the Year next following. So as fully & 
effectually to call in the whole Sum of I^ive Thousand Pounds of Bills Emitted as aforesaid. 

In Council ; Read & Concur'd — Consented to, Samli. Shute." 

— Council Records, vol. XL, ]}. 28. 

(b.) " Dec. 10. 1720. In the House of Represent^<-' Dec. 9. 1720 ; 

Resolved that the Treasurer be & hereby is directed to Issue forth & Emit the Sum of 
Ten Thousand Pounds of the Bills of publick Credit that are or shall be received into the 
Treasury for payment of the publick Debts of the Province already contracted for the 
Defence & Support of the Government and the necessary Protection & Preservation of the 
Inhabitants of this Province And for Subsisting of Forts & GaiTisons & the Wages arising 
for their Service, For Payment of Grants, Salaries & Allowances made & to be made by 
this Court According to such Draughts as from Time to Time shall be made upon him by 
Warrant or Order of the Govemour or Commander in Chief for the Time being by & with 
the Advice & Consent of the Council. 

And the said Bills shall pass out of the Treasury at the Value express'd in them equiv- 
alent to Money and shall be so taken ancl Accepted in all Publick Payments ; 

And that the Dutys of Impost & Excise shall be a Fund & Security for the Repayment 
& Drawing the said Bills into the Treasury again ; 

And as ti furtlicr Fund & Security for the same. It is further Resolved That there be & 
hereby is Granted to his most Excellent Majesty for the Ends & Uses as aforesaid A Tax 
of Ten Thousand Pounds to be Levied upon Polls & Estates both Real & Personal ivithin 
this Province According to such Rules & in such Proportion as shall be Agi'ced on & 
Ordered by the Great & General Assembly of this Province at their Session in May Anno 
One Thousand seven Hundred & twenty -five, And paid into the Treasury on or before the 
last Day of December next after. 

And whereas through the Scarcity of Bills of Credit It grows difficult for Persons to con- 
vert the Produce of their Lands & other Effects into Bills & Pay their Rates in them ; It 
is fmther Ordered that the Inhabitants of this Province shall have Liberty (If they see 
Cause) to pay the several Sums that shall be on them respectively Asscss'd in the several 
Species hereafter mention'd At such Rates ancl Prices as the General Assembly shall set 
them Viz., In good, merchantable Barrel Beef or Pork or in Wheat, Peas, Barley, Rye, 
Indian Com, Oats, Flax, Hemp, Bees Wax, Butter in Firkins, Cheese, Hides, Tan'd 
Leather, Diy Fish, Mackarel in Barrels, Oyl, Whale Bone, Bay berry Wax or Tallow, 
Which several Species shall be received by the Treasurer of the several Constables or Col- 
lectors and be by him Disposed of to the best Advantage for the Calling in of the said 
Bills into the Treasuiy ; 

And if any Loss by the Sale of any of the aforesaid Species or by any other unforeseen 
Accident shall arise Then such Deficiency shall be made good by a Tax of the Year next 
following So as fully & cfiectually to Call in the Whole of the said Sum of Ten Thousand 
Pounds of Bills Emitted as aforesaid. 

In Council Read & Concur'd with Amendments."— Ibid., vol. XL, p. 105. 



200 Province Laws.— 1720-21. [Notes.] 

" Dec. 12. 1720. The Resolve of the House for Emitting Ten Thousand Pounds, Being 
Concur'd Yesterday at the Board with the following Amendment ; viz., [At the Advance 
& after the Rate of Five per Cent, more] Which relates to the Receiving of the Bills into 
the Treasury & the Word [Merchantable] relating to the Species of Goods to be received. 

In the House of Representees Voted that the last Amendment be Agreed to but not the 
&vst."— Ibid., p. 109. 

" Dec. 15. 1720 The Resolve of the House of Represent^^ for Emittmg Ten Thousand 
Pounds As Enter'd Dec. 10. 1720, Only with the Amendm' of the Word [Merchantable] 

In Council ; Read & Concur'd — Consented to, Samli- Shute." 

—Ibid., p. 118. 

" Decemr 15. 1720. A Message went down to the House of Represent^'<^3 ^jy Thomas 
Fitch Esqf and Edmund Quincy Esq'' That the Board had Concurred the Resolve of the 
House for the Emission of Ten Thousand Pounds without the Amendment relating to the 
Advance of Five per Cent in paying the Bills into the Treasury."— iitc?.,^. 121. 



ACTS, 
Passed i 72 i. 



26 



[201] 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Thirty-first day of May, A.D. 1721, and 
held by adjournment, at Cambridge,* X)N the 
Sixth day of June following. 



CHAPTEE 1. 

AN ACT FOR GRANTING UNTO HIS MAJESTY AN EXCISE UPON WINES, 
LIQUOR AND OTHER STRONG DRINK, SOLD BY RETAIL. 

We, his majesty's most loyal and dutiful[l] subjects, the representa- Preamble, 
tives of the province of the Massachusetts Bay, in general court assem- 
bled, being desirous to lessen the present debt of the province, by 
drawing in a number of the bills of credit, in pursuance of the several 
gi-ants of this court in the years 1718 and 1719, have chearfully and 
unanimously granted, and do hereby give and gi'ant unto his most 
excellent majesty for the ends and uses abo[vo]ve mentioned, and for 
no other uses, an excise upon all brandy, rhum and other spirits dis- 
tilled, and upon all wine whatsoever, sold by retail in this province, to 
be raised, levied, collected and paid, by and upon every taverner, inn- 
holder, common victualler and retailer within each respective county, in 
manner following : — 

And be it accordingly enacted by His Excellency the Governour, Council 
and Representatives in Genercd Court assembled, and by the authority 
of the same, 

[Sect. 1.] That from and after the twenty-ninth day of June, one Time limited, 
thousand seven hundred and twenty-one, for and during the space of five 
years next coming, ever}- person licen[s][c]ed for retailing brandy, rhum 
or other spirits, or wine, shall pay the dut[^'e][y]s following ; vizt, — 
For every gallon of rum, brandy and spii'its distilled, Fees stated. 

eightpence, £0 Os. 8d. 

For ever}^ gallon of wine of ever}' sort, eightpence, . .008 

A pipe of wine to be accounted one hundi-ed gallons. 

And it is further enacted by the authority aforesaid, 

[Sect. 2.] That there be one commissioner or more in each county, CommissiDners 
appointed by the general court, or by the general sessions of the peace, ^pp""^^®'^- 
where it shall happen that such coimmssioner[s] refuse to accept s[ot]d 
office, or be removed by death, &c., to take charge of this dut}^ of ex- 
cise, who shall have power to inspect the houses of all such as are 
licen[s][c]ed, and of such as are suspected to sell without licence; 
which commissioner shall be upon oath to take care of the due execu- 
tion of this law, and to prosecute the breakers of it, and shall have 
power to appoint underofficers upon oath. 

[Sect. 3.] And the said commissioners shall carefully examin[e] the 
accompts of every licen[s][c]ed person in his respective county, and 

* Because of the small-pox in Boston. 

[203] 



204 



Pkovince Laws. — 1721. 



[Chap. 1.] 



Five per cent 
for collecting. 



Account to be 
taken. 



Within six 
months account 
to be delivered 



Twenty per 
cent leakage. 

General ses- 
sions to take 
recognizance. 



Lodging to be 
provided for 
strangers and 
travellers. 



Forfeiture of 
ten pounds to 
sell \vithout 
license. 



demand, sue for and receive the several sums due from them l\y this 
act, and shall accompt with the province tieasurer upon oath, and pa}- 
into the publick treasury of this province all such sums as they shall 
receive within six months from the date of [^their^ [his] commission, 
and so from time to tiiBe within that space of six months, as long as 
[^theij^ [he] shall continue in such office, on jDain and forfeiture of the 
reward given such commissioner by this act, who shall be allowed five 
per cent on all money by him collected and. paid into the treasury, as 
aforesaid \ each commissioner to give bond to the [satisfaction of the] 
justices at their first general sessions of the peace in their respective 
count [ze][3']s, with sufficient security for the faithful [1] discharge of 
his duty ; and that they will duly pay in the money they shall collect 
to the treasurer of this province, for the time being ; and that the 
treasurer of this province, for the time being, shall put in suit the bonds 
of all such commissioners who shall neglect to make due payment sixty 
da3's after the expiration of each year ; and that the justices in each 
county within this province, shall on such suit [and a judgement on the 
forfeiture] proceed to appoint a new commissioner. 

And be it further enacted, 

[Sect. 4.] That every taverner, innholder, common victualler and 
retailer shall, after the twenty-ninth day of June, 1721, take an exact 
acco[«ri][mp]t of all rum, brandy and other distilled spirits, and wine, 
then by him, and give an account of the same to the commissioner 
upon oath (the like account to be given by such others as shall be 
licen[s][c]ed during the continuance of this act) of what brandy, rhum 
or' other distilled spirits, and wine, they shall have at the time of their 
licence. 

[Sect. 5.] That every taverner, innholder, common victualler and 
retailer shall make a fair entry in a book, of all such rhum, brandy, dis- 
tilled spirits and wine as he, or any for him, shall buy, d[^][e]still or 
take in for sale after such account taken, and at the end of every six 
months deliver the same unto the commissioner upon oath, and pay 
him the duty thereof, excepting such part as the commissioner shall 
find is still remaining by him ; twenty per cent being to be allowed for 
leakage and other waste, for which no duty is to be paid. 

[Sect. 6.] That the justices in their general sessions of the peace, 
be, and hereby are, directed to take sufficient recognizances of all per- 
sons by them licen[s][c]ed within the space of ten days after the grant- 
ing such licence ; the persons neglecting to give bond within that time 
shall loose the benefit thereof; and that it be inserted as one condition 
in the recognizance, that he shall render the above accompt upon oath. 

[Sect. 7.] That every taverner, innholder or common victualler 
that shall be licen[s][c]ed to sell as abovesaid, shall be provided with 
good lodging for strangers, according to the direction of the law, upon 
forfeiture of five pounds for neglect, to be disposed of in manner follow- 
ing ; vizt., two-thirds of the fine to be to the commissioner, his under- 
officers or the person that shall inform the commissioner ; the other 
third to the poor of the town. 

And notwithstanding the laws made against selling strong drink 
without licence, many people, not regarding the penalties and forfeit- 
ures in said acts, do receive and entertain persons in their houses, and 
sell great quantities of spii'its and other strong drink, by reason whereof 
great debaucheries are committed and kept secret, and such as take and 
pay for their licences wronged and injured thereby, — 

Be it therefore further enacted, 

[Sect. 8.] That whosoever, after the twenty-ninth day of June, 
1721, shall presume to sell brandy, rhum or other distill'd spirits, wine, 
beer, cyder or perry, or any other strong drink, without license first had 



[IstSess.] Province Laws. — 1721. 205 

and obtained from the general sessions of the peace, shall, for every 
offence forfeit the sum of ten pounds, one-third to the poor[c] of the 
town Avhere. the offence is committed, one-third to the commissioner, 
and the other third to any person that sliail inform the commissioner, 
as Iw this act is before provided, and costs of prosecution ; and all such 
as shall refuse or neglect to pay the fine and costs shall be whipt at the 
common whipping-post not exceeding twenty stripes, and not less than 
ten, and stand committed in the common goal of the county for the 
space often days, or pay the costs of prosecution that shall be awarded 
against [/«'m] [them]. 

[Sect. 9.] That when and so often as it shall be observed that Houses not 
there is a resort to houses suspected to sell strong drink without licence, 
any justice of the peace shall have full power to convene such persons 
before him, and examin[e] them on oath of the person suspected of 
selling or retailing strong drink in such houses, and on just ground 
to bind over the person transgressing, and the witnesses, to the next 
general sessions of the peace for the county where such ofi'ence shall 
be committed. 

And be it further enacted by the authority aforesaid^ 

[Sect. 10.] That any person refus[e]ing to give evidence, as afore- rersons rcfus- 
said, shall be lyable to the same penalty that the persons convicted for cvfaaice!° 
selling of drink without licence are liable nnto, and shall enter into 
recognizance to answer it at the next general sessions of the peace in 
the county where such contempt is oflered. 

[Sect. 11.] That every taverner, iunholder, common victualler or Persons i-ofus- 
retailer, who shall refuse to renew his licence at the time b}^ law ap- liclnsc!,'^"''^ 
pointed, and to give bond to pay the dut[ie][y]s of this act, shall be 
afterwards excluded during the continuance of this act. 

[Sect. 12.] That every taverner, innholder, common victualler or inniaoider, &c., 
retailer, who shall be found to give a false acconnt, knowingly, of any accomu/''^*'^ 
brandy, distilled spirits and wine by him at the time, or bought d[i][e]s- 
tilled or taken in for sale, after his licence is renewed, or new granted, 
or refuse to give in an acconnt on oath, as aforesaid, shall be rendred 
uncapable of having a licence afterwards, and shall be prosecnted by the 
commissioner for his neglect, and ordered by the general sessions of the 
peace to pay such sum of money as they may conclude that the excise 
of the liquors, &c., by him sold within such time would have amounted 
to, to be paid to the commissioner for the use of the province. 

[Sect. 13.] And all fines, forfeitures and penalties aris[e]ing by this Fines and for- 
act, shall be recovered b}' bill, plaint or information in any of his maj- dVsposed ofT 
esty's courts of record within the respective count [?'e][3']s where the 
offence shall be committed, or by presentment of the grand jur}', who 
are hereby strictly enjo3-ned to inform and present all breaches of this 
act. 

Provided always, and it is the true intent and meaning of this act, — 

[Sect. 14.] That if any taverner, retailer or common victualler shall Taverner, &c., 
buy of another taverner or retailer such small quantities of liquors as Imau ciuauu.' 
the law obliges him to account to the commissioner for, and pay the ties. 
excise, the taverner, retailer or common victualler shall notwithstand- 
ing, be accountable and pa}^ the excise, as if none had been paid by the 
person he bought the same of. \_Passed June 16 ; published June 29. 



206 Province. Laws.— 1721. [Chap. 2.] 



CHAPTEK 2. 

AN ACT FOR GRANTING UNTO HIS MAJESTY SEVERAL * RATES AND 
DUTIES OF IMPOST AND TUNNAGE OF SHIPPING. 

Wee, his majesty's loyal and datifal subjects, the representatives of 
his majesty's province of the Massachusets Bay in New England, con- 
sidering the necessity of calling in the summ of sixteen thousand two 
hundred and fifty pounds granted to his present majesty, b}^ bills emit- 
ted at the several sessions, annis 1718 and 1719, to be levied and col- 
lected in this present year, have chearfully and unanimousl}^ given 
granted, and do hereby give and grant, unto his most excellent 
majesty, to the ends, uses and intent aforesaid, and for no other use, 
the several duty's of impost upon wines, liquors, goods, wares and mer- 
chandize that shal be imported into this province, and tunnage of 
shipping, hereafter mentioned and expressed, for calling in the summ of 
iwenty-iive hundred pounds, part of the said sura of sixteen thousand 
two hundred and fifty pounds abovementioned ; and pray that it may 
1)6 enacted, — 

And be it accordingly enacted by His Excellency the Governour, Coun- 
cil cmd Representatives in Gefieral Court assembled, and by the authority 
of the same, 

[Sect, l.j That after the publication of this act there shall be paid 
bj' the importer of all wines, liquors, goods, wares and merchandize that 
shall be imported into this province from the place of their growth (salt, 
cotton-wool, provision and every other thing of the growth and prod- 
uce of New England excepted) , the severall rates and dutys of impost 
following ; viz', — 

For every pipe of the coihon Avine of the Western Islands, twenty 
shillings. 

For ever}^ pipe of Canary, twenty-five shillings. 

For every pipe of Madera or Passada, twenty shillings. 

For every pipe of other sorts not mentioned, twenty shillings. 

For everj' hogshead of ruin, containing one hundred gallons, twenty 
shillings. 

For ever}' hogshead of sugar, two shillings. 

For every hogshead of raoUasses, one shilling. 

For every hogshead of tobacco, tv»-enty shillings. 

For every ton of logwood, three shillings. 

And so proportionably for greater or lesser quantities. 

For all other coiiioditj-es, goods or merchandize not mentioned or ex- 
cepted, one penny for every twent}^ shillings valine ; all goods imported 
from Great Briltain excepted. 

[Sect. 2.] And for any of the above Avines, liquors, goods, wares, 
merchandize, &c', that shall be imported into this province from any 
other ports than the places of their growth and produce, there shall 
be paid by the importer double the valine of impost apointed by this 
act to be received for every species abovementioned, unless they doe 
bona fide, belong to the inhabitants of this province, and come upon 
their risque from the port of their growth. 

And be it further enacted by the authority afforesaid, 

[Sect. 3.] That all the alforesaid imposts, rates and duty's shall be 
paid in currant money, or in bills of credit of this province, by the 
importer of any wines, liquors, goods or merchandize, unto the commis- 
sioner and receiver to be appointed, as is hereinafter directed, forentring 
and receiving of the same, at or before the landing of any wines, liquors, 
goods or merchandize ; only the commissioner or receiver is hereby a]- 



[1st Sess.] Province Laws. — 1721. 207 

lowed to give credit to such person or persons, where his or their duty 
of impost in one ship or vessell doth exceed the sum of tenn pounds. And 
in case where the commissioner or receiver shall give credit, he shall 
settle and ballance his accompts with every person, so that the same 
accompts may bee ready to present to this court in May next. And all 
entr^-s where the impostor duty to be paid doth not exceed four shillings 
shall be made without charge to the importer, and not more than six- 
pence to be paid for any other single entry to what vallue soever. 
And be it further enacted by the cmthority afforesciid, 
[Sect. 4.] That all masters of ships or other vessells coming into 
any harbour or port within province, from bejond sea, or from any 
other province or collony, before bulk be broken and within twenty-four 
hours after his arrivall in such harbour or port, shall make a report to 
the coiiiissioner or receiver of the impost, to be appointed as is here- 
after mentioned, of the contents of the lading of such ship or vessell 
without any charge or fee to be demanded or paid for the same ; which 
report such master shall give in to the said commissioner or receiver 
under his hand, and shall therein set down and express the quantities 
and species of the wines, liquors, goods and merchandizes loaden on 
such ship or vessell, with the marks and numbers thereof, and to whome 
the same is consigned, and also make oath that the said report or mani- 
fest of the contents of his loading, so to 'be by him given in under his 
hand as aftbresaid, contains a just and true accompt, to the best of his 
knowledge, of the whole lading taken on board and imported in the said 
vessell from the port or ports such vessell came from, and that he hath 
not broken bulk nor delivered any of the wines, rum or other distilled 
liquors or merchandizes loaden on said ship or vessell, directly or indi- 
reetl}' ; and that if he shall know of any more wines, liquors, goods or 
merchandize to be imported therein, before the landing thereof he will 
cause it to be added to his mannifest ; which mannifest shall be agreeable 
to a printed form made for that purpose, which is to be filled up by the 
said commissioner or receiver according to each perticular person's 
entry ; which oath the commissioner or receiver is hereby imiDOwred to 
administer, after which such master may unload, and not before, on 
pain of one hundred pounds to be forfeited and paid by each master 
that shall neglect his duty in this behalfe. 
A7id be it. further enacted by the authority afforesaid, 
[>Sect. 5.] That all merchants, factors and other persons, importers, 
being owners of or having any of the wines, liquors, goods or merchan- 
dizes consigned to them that by this act are lyable to pay impost or 
dut}', shall by themselves or order make entry thereof in writing 
under their hands, with the said commissioner or receiver, and produce 
unto him the originall invoice of all such goods as pay ad vcdorem, and 
make oath thereto in manner following : — 

You, A. B., do swear that the entry of the goods and merchandize by you 
now made contains the true valine, agreeable to the original invoice here- 
with exhibited, aud that, according to your best skill and judgment, is not 
less then the real cost thereof. So help you God. 

— and pay the duty and impost by this act required, before such wines, 
liquors, goods, wares or merchandize be landed or taken out of the ves- 
sell in w'ch the same shall be imported, on pain of forfeiting all such ' 
wines, liquors, goods, wares or merchandize so landed or taken out 
of the vessel in which the same shall bee imported. 

[Sect. C] And no wines, liquors, goods, wares or merchandizes 
that by this act are lyable to pay impost or duty, shall be landed on 
any wharfe, or into any warehouse or other place, but in the day-time 
cnl}-, and that after sum'ise and before sunset, unless in the presence ol 



208 Province Laws.— 1721. [Chap. 2.] 

and with the consent of the comissioner or receiver, on pain of for- 
feiting all such wines, liquors, goods, wares and merchandize, and the 
lighter, boat or vessell out of which the same shall be landed or put into 
any warehouse or other place ; which abovesaid oath the commissioner 
or receiver is hereby impbwred to administer. 

[Sect. 7.] And if any person or persons shall not have and produce 
an invoice of the quantities of rum or liquors to him or them con- 
signed, then the cask wherein the same is shall be gauged at the charge 
of the importer, that the quantitie thereof may be known. 
A7id he it further enacted by the authority afforesaid, 
[Sect. 8.] That every merchant or other person, importing any 
wines into this province shall be allowed twelve per cent for leakage : 
provided such wines have not been filled up on board ; and that every 
hogshead, but or pipe of wine that hath two third parts thereof leaked 
out, shall bee accounted for outs, and the merchant or importer to pay no 
impost or duty for the same : and no master of any ship or vessell 
shall suft'er any wines to be filled up on board without giving a certifi- 
cate of the quantitj'c so filled, under his hand, before the landing there- 
of, to the commissioner or receiver of the impost in such port, on pain 
of forfeiting the sum of fifty pounds. 

[Sect. 9.] And if it be made appear that any wines imported in 
any ship or vessell be decayed at the time of unlading thereof, or in 
twenty days afterwards, oath being made before the couSissioner or 
receiver that the same hath not been landed above that time, the 
dut3'S and impost paid for such wines shall be repayd unto the importer 
thereof. 

And be it further enacted by the authority aforesaid, 
[Sect. 10.] That the master of any ship or A'essel importing any 
wines, liquors, goods, wares or merchandize shall be lyable to and shall 
pay the impost for such and so much thereof contained in his manifest 
as shall not be duly entred, nor the duty paid for the same, by the 
person or persons to whome such wines, liquors, goods, wares or mer- 
chandize are or shall be consigned ; and it shall and may be lawful to 
and for the master of every ship or other vessell to secure and detain 
in his hands, at the owner's risque, all such wines, liquors, goods, wares 
or merchandize imported in such ship or vessel, until he shall receive a 
certificate from the commissioner or receiver of the impost that the duty 
for the same is paid, and untill he be repaid his necessary charges in 
securing the same ; or such master may deliver such wines, liquors, 
goods, wares or merchandize as are not entred, unto the commissioner 
or receiver of the impost in such port, or his order, Avho is hereby im- 
powred and directed to receive and keep the same at the owner's risque 
until the impost thereof with charges be paid, and then to deliver such 
wines, liquors, goods, wares or merchandize as such masters shall direct. 
And be it further enacted by the authority aforesaid, 
[Sect. 11.] That the commissioner or receiver of the impost in each 
port shal be and hereby is impowred to sue the master of any ship 
or vessell, for the impost or duty, for so much of the lading of any wines, 
liquors, goods, wares and merchandizes, imported therein according to 
the mannifest by him to be given upon oath as afforesaid, as shall remain 
not entred and the duty or impost thereof not paid ; and where the 
goods, wares or merchandize are such as that the value thereof is not 
known, whereby the impost to be recovered of the master for the same 
cannot be ascertained, the owner or person to whome such goods, wares 
or merchandize are or shall be consigned shall be summoned to appear 
as an evidence at the court where suit for the impost and duty thereof 
shall l)e brought, and be there required to make oath to the valine of 
such goods, wares or merchandizes. 



[1st Sess.] Province Laws.— 1721. 209 

And be it farther enacted by the authority aforesaid, 
[Sect. 12.] That the ship or vessell, with her tackle, apparel and 
furniture, the master of which shall make default in anj-thing by this 
act required to be performed by him, shall be lyable to answer and 
make good the sum or sums forfeited by such master according to this 
act, for any such default, as also to make good the impost or duty for 
any wines, liquors, goods, wares or merchandizes not entred as afforesaid ; 
andupon judgment recovered against such master, the said ship or ves- 
sell, or so much of the tackle or appurtenances thereof as shall be suffi- 
cient to satisfie said judgment, may be taken in execution for the same ; 
and the commissioner or receiver of the impost is hereby impowred 
to make seizure of such ship or vessell, and detain the same uixler 
seizure until judgment be given in any suit to be commenced and prose- 
cuted for any of the said forfeitures or impost, to the intent that if judg- 
ment be rendred for the prosecutor or informer, such ship or vessell 
and appurtenances may be exposed for sattisfaction thereof as is before 
provided : iinless the owners, or some on their behalfe, for the releasing 
of such ship or vessell from under seizure or restraint, shall give suffi- 
cient security to the commissioner or receiver of the impost that seized 
the same, to respond and sattisfie the sum or valine of the forfeiture and 
dutys, with charges, that shall be recovered against the master thereof 
upon suit to be brought for the same as afforesaid ; and the master occa- 
sioning such loss and damage unto his owners through his default or neg- 
lect shall be lyal)le unto then* action for the same. 
And be U farther enacted, 

,[Sect. 13.] That the naval officer within any of the ports of this 
province shall not clear or give passes to any master of any ship or 
other vessell, outward bound, until he shall be certified, by the commis- 
sioner or receiver of the impost, that the duties and impost of the 
goods last imported in such ship or vessell are paid or secured to be 
paid. And the commissioner or receiver of the impost is hereby im- 
powred to allow bills of store to the master of any ship or vessell im- 
porting any wines or liquors, for such private adventures as shall belong- 
to the master or seamen of such ship or other vessell, at the discretion 
of the commissioner or receiver, not exceeding three per cent of the 
lading ; and dut3^s payable by this act, for such wines or liquors, in such 
bills of store mentioned and expressed, shall be abated. 
And be it farther enacted by the authority aforesaid, 
[Sect. 14.] That all penalties or forfeitures accruing or ariseing 
by virtue of this act, shall be one-halfe to his majesty for the uses and 
intents for which the afforementioned dutys of impost are granted, and 
the other halfe to him or them that shall seize, inform and sue for the 
same by action, bill, plaint or information, in any of his majesty's courts 
of record, wherein no essoign, protection or wager of law shall be 
allowed ; the whole charge of prosecution to be taken out of the halfe 
belonging to the informer. 

And be it farther enacted by the authority aforesaid, 
[Sect. 15.] That there shall be paid by the master of every ship or 
other vessell coming into an}^ port or ports in this province to trade 
or traffick, whereof all the owners are not belonging to this province, 
except such vessells as belong to Great Brittain, the provinces or col- 
lonys of Pensilvania, West and East Jersey, New York, Connecticut or 
Rhoad Island, every voyage such ship or vessell does make, the sum of 
eighteen pence per tunn, or [one ?*] pound of good, new gunpowder, for 
every ton such ship or vessel is in burthen : saving for that part which is 
owned in Great Brittain, this pcoviuce, or any of the aforesaid govern- 

* Parchment destroyed. 
27 



210 Province Laws.— 1721. [Chap. 2.] 

ments, wMch is hereby exempted ; to be paid unto the commissioner or 
receiver of the dutys of impost, and to be employed for the ends and 
uses aforesaid. 

[Sect. 16.] And the said commissioner is hereby impowred to 
appoint a meet, suitable person to repair unto and on board any ship 
or vessel, to take the exact measure or tonage thereof, in case he shall 
suspect that the register of such ship or vessell doth not express and 
set forth the full burthen of the same ; the charge thereof to be paid 
by the master or owner of such ship or vessell, before she be cleared, in 
case she appear to be of greater burthen, otherwise to be paid by 
the commissioner out of the moneys received by him for impost, and 
shtill be allowed him accordingly by the treasurer in his accompts ; 
and the naval officer shall not clear any vessel until he be also cer- 
tified by the. said commissioner, that the duty of tonage for the same 
is paid, or that it is such a vessel for which none is payable, according 
to this act. 

And be it further enacted by the authority aforesaid, 

[Sect. 1 7.] That there be one fit person, and no more, nominated and 
appointed by this court, as a commissioner and receiver of the afforesaid 
dutys of impost and tunnage of shipping, and for the inspection, care 
and management of the said office, and whatsoever relates thereunto ; to 
receive commission for the same from the governour or commander-in- 
chief for the time being, with authority to substitute and appoint a 
deputy receiver in each port besides that wherein he resides, and to 
grant warrants to such deputy receivers for their said place, and to 
collect and receive the impost and tunnage of shipping aforesaid, that 
shall become due within such port, and to render the accom]3ts thereof 
and pay in the same to the said commissioner and receiver ; which said 
commissioner and receiver shall keep fair books of all entr3's and dutys 
ariseing by virtue of this act, also a perticular accompt of every vessel, 
so that the dutys of impost and tunnage arising on the said vessel may 
appear ; and the same to l3e open at all seasonable times to the view 
and perusal of the treasurer and receiver-general of this province (or 
any other person or persons whome this court shall appoint) , with 
whome he shall account for all collections and payments, and pay in 
all such moneys as shall be in his hands, as the treasurer or receiver 
shall demand it. And the said commissioner and receiver, and his 
deputy and deputys, before their entring upon the execution of the said 
office, shall be sworn to deal truly and faithfully therein, and shall attend 
in the office from nine to 'twelve of the clock in the forenoon, and from 
two to five of the clock in the afternoon. 

[Sect. 18.] And the said commissioner and receiver, for his labour, 
care and expences in the said office, shall have and receive out of the 
province treasury the sum of seventj^ pounds per annum ; and his 
deputy or deput3's to be paid for their service such suiii and suins as 
the said commissioner and receiver, with the treasurer, shall agree, 
upon reasonable terms, not exceeding thirty pound each ; and the treas- 
urer is hereby ordered, in passing and receiving the said commissioner's 
accompts, accordingly to allow the payment of such sallary or sallaries, 
as aforesaid, to himselfe and his deputy or deput^-s. 

Provided, 

[Sect. 19.] That this act shall continue in force from the publica- 
tion thereof, until the twenty-ninth day of June, which will be in the 
year of our Lord one thousand seven hundred and twenty and two, 
and no longer. \_Passed June 20 ; published June 29. 



[1st Sess.] Province Laws. — 1721. 211 



CHAPTEE 3. 

AN ACT FOR ALTERING THE PLACE OF THE SITTING OF THE COURT OF 
GENERAL SESSIONS OF THE PEACE AND INFERIOUR COURT OF COMMON 
PLEAS, FOR THE COUNTY OF SUFFOLK, IN JULY AND OCTOBER NEXT, 
AND OF THE SUPERIOUR COURT OF JUDICATURE, COURT OF ASSIZE 
AND GENERAL GOAL DELIVERY, TO BE HELD FOR THE SAID COUNTY 
IN NOVEMBER NEXT, FROM THE TOWN OF BOSTON TO THE TOWN OF 
ROXBURY', WITHIN THE SAID COUNTY. 

Whereas it hath pleased God, in his providence, to visit the town 
of Boston with the contagious and grievous sickness of the small-pox, 
and to permit the spreading of it there, by reason whereof many per- 
sons concerned in the courts hereafter mentioned may be discouraged 
and hindered from attending the same, if held at Boston, — 

Be it therefore enacted by His Excellency the Governour, Cotincil and 
Representatives in General Court assembled, and by the authority of the 
sav^e, 

That the court of general sessions of the peace and inferiour court 
of common pleas, appointed by law to be held in Boston, for the county 
of Suffolk, on the first Tuesday of July, and on the first Tuesday of 
October next ; and also the superiour court of judicature, court of as- 
size and general goal delivery, to be holden at Boston, for the said 
count}^ of Suflblk, on the first Tuesday of November next, be all and 
each of them severally holden at Roxbury, within the said county of 
Suflblk, upon the same several days appointed for the holding of them 
in the said town of Boston ; and all actions, suits, pleas, appeals, re- 
views, recognizances, informations, inditements, warrants or other 
process, w*^*^ are or may be brought, and are or shall be depending to be 
heard and tryed at the said several courts of general sessions of the 
peace and inferiour court of common pleas and the said superiour court 
of judicature, court of assize and general goal delivery, at Boston afore- 
said, be, for the reason and occasion above expressed, heard and tryed 
by and before the said several courts, on their several appointed days 
as aforesaid, at Roxbury, within the county of Suflblk aforesaid ; any 
law, usage or custom to the contrary notwithstanding : provicZecZ, 7iev- 
ertheless, if it shall please God to clear the town of Boston of the in- 
fection of the small-pox before the sessions of the said courts, or either 
of them, in October and November next, that then it shall be in the 
power of his excellency the governour, and council, to direct the judges 
of the said several courts to order the said respective courts to be held 
at Boston as usually. \_Pcissed June 23 ; published July 3. 



CHAPTER 4. 

AN ACT FOR APPORTIONING AND ASSESSING A TAX OF SIX THOU- 
SAND POUNDS, UPON POLLS AND ESTATES. 

Whereas the great and general court or assembly of the province of 
Massachusetts Bay in New England, at their several sessions in the 
3'ears 1718 and 1719, did pass two several grants of taxes on polls and 
estates, as fwnds and security for the payment and drawing in several 
sums in the bills of credit on this province, ordered to be imprinted, 
repeated and issued out of the publick treasury- for the service of the 



212 Province Laws.— 1721. [Chap. 4.] 

government ; that is to say, at their sessions, held the twenty-eighth 
day of May, 1718,* the sum of thirteen thousand two hundred and fifty 
pounds ; at tlieir sessions held the twenty-seventh day of May, 1719,f 
the sum of three thousand pounds ; applyed to the ends and uses 
in the said grants particularly enumerated and expressed ; and by the 
resolves of the court that made the aforesaid grants, it was then ordered 
that the said sum of sixteen thousand two hundred fifty pounds shall 
be apportioned, assessed and levyed on polls and estates, both real and 
personal, within this province, according to such rules and in such pro- 
portion, upon the several towns and districts within the same, as shall 
be agreed on and ordered by this court in their present session ; where- 
fore, for the ordering, directing and perfecting the said sum of six 
thousand pounds, which, with the sum of ten thousand two hundred 
and fifty pounds by the dutys of impost and tunnage of shipping and 
excise, together with the income of the bills let out, and the light- 
house, will make the sum of sixteen thousand two hundred and fifty 
pounds, pursuant to the funds and grants aforesaid, which is unani- 
mously approved, ratifyed and confirmed, we, his majesty's lo^^al and 
dutiful subjects, the representatives in general court assembled, pray 
that it may be enacted, — 

A7id be it accordingly enacted by His Excellency the Governour, Coun- 
cil and Rej)resentatives in General Court assembled^ and by the authority 
of the same, 

[Sect. 1.] That each town or district within this province be as- 
sessed and pay, as such town's and district's proportion of the afores*^ 
six thousand pounds, the sum following ; that is to say, — 

IN THE COUNTY OF SUFFOLK. 

Boston, one thousand ninety-nine pounds two shil- 
lings and threepence, ...... £1,099 2s. Sd. 

.Roxbury, sixty-two pounds seventeen shillings and 

sixpence, 62 17 6 

Dorchester, eighty-three pounds fourteen shillings 

and threepence, ....... 83 14 3 

Hingham, sixty-three pounds sixteen shillings and 

sixpence, ........ 63 16 6 

Brantrey, sixty-five pounds seventeen shillings and 

threepence, . . . . . . • 65 17 3 

Dedham, fifty pounds eighteen shillings and three- 
pence, ........ 50 18 3 

Medfield, thirty pounds eighteen shillings, . . 30 18 

Medway, fourteen pounds eighteen shillings and 

ninepence, 14 18 9 

Weymouth, fortj^-four pounds four shillings and six- 
pence, 44 4 6 

Milton, thirty-two pounds five shillings and three- 
pence, 32 5 3 

Hull, fourteen pounds eighteen shillings and nine- 
pence, 14 18 9 

Wrentham, thirtj^-two pounds fifteen shillings and 

threepence, . • 32 15 3 

Mendon, thirty-seven pounds thirteen shillings and 

ninepence, 37 13 9 

"Woodstock, thirty-one pounds twelve shillings and 

threepence, 31123 

Brookline, twenty-five pounds eighteen shillings and ' 

thi-eepence, 25 18 3 

* Notes to 1718-19, resolve (b). f Notes to 1719-20, resolve (a). 



[1st Sess.] 



Peovince Laws. — 1721. 



213 



Sutton, six pounds, 

Needham, nineteen pounds five shillings and nine- 
pence, ....... 

Bellingham, six pounds, .... 

Oxford, seven pounds fourteen shillings and six 
pence, ....... 

IN THE COUNTY OF ESSEX. 

Salem, one hundred fift^'-nine pounds twelve shills 

and a penny J-, 

Ipswich, one hundred seventy-one pounds eleven 

shillings and threepence, .... 
Newbur}', one hundred fortj'-three pounds seven 

shillings and sixpence, .... 
Marblehead, one hundred thirty-five pounds eigh 

teen shills. and a penny J-, . 
Lynn, seventy-four pounds thirteen shills. and nine 

pence, ....... 

Andover, seventy pounds twelve shillings, 
Beverly, sixt}' pounds eighteen shills. and ninepence, 
Rowley, fift3"-six pounds ten shilling and sixpence, 
Salisbury, forty-nine pounds six shillings and seven 

pence half-penny, ..... 
Haverhill, sixty-four pounds sixteen shills. and 

threepence, . . . . ' . 

Glocester, seventy-two pounds four shillings and 

ninepence,'. ...... 

Topsfield, thirty pounds twelve shillings and nine 

pence, ....... 

Boxford, twenty-seven pounds eight shillings and 

sixpence, ....... 

Almsbury, forty-four pounds fifteen shillings and 

ninepence, ....... 

Bradford, thirty pounds three shillings and thi-ee 

pence, ........ 

Wenham, twenty-seven pounds eighteen shills. and 

sevenpence i, ..... . 

Manchester, thkteen pounds and threepence, . 

IN THE COUNTT OF MIDDLESEX. 

Cambridge, fifty pounds nine shillings and seven- 
pence half-penny, ..... 

C'harlestown, one hundred thirtj^-six pounds four 
shillings and threepence, .... 

Watertown, fifty-five pounds eight shillings and 
threepence, ...... 

Weston, twent^-thi'ce pounds nine shillings and 
fourpence half-penny, .... 

Concord, seventy-seven pounds six shillings and 
ninepence, ....... 

Woburn, seventy-four pounds seventeen shillings 
and threepence, ...... 

Reading, fifty-two pounds five shillings and three 
pence, ....... 

Sudbur}', sixty pounds eighteen shillings and three 
pence, ....... 

Marlborough, fifty-nine pounds fourteen shills. and 
ninepence, 



£6 Os. Od. 

19 5 9 

6 

7 14 6 



159 12 li 

171 11 3 

143 7 6 

135 18 1^ 

74 13 9 

70 12 

60 18 9 

56 10 6 

49 6 7^ 

64 16 3 

72 4 9 

30 12 9 

27 8 6 

44 15 9 

30 3 3 

27 18 7^ 

13 3 

50 9 7i 

136 4 3 
55 8 3 
23 9 4^ 
77 6 9 
74 17 3 
52 5 3 
60 18 3 
59 14 9 



214 Province Laws. — 1721. [Chap. 4.] 

Lexington, thirtj^-six pounds one sliilling and three- 
pence, £36 Is. 3d. 

Newton, forty-six pounds and sevenpence half- 
penny, 46 7^ 

Maiden, thirty-seven pounds nineteen shillings and 

niuepence, 37 19 9 

Chelmsford, forty-eight pounds three shillings and 
threepence, ....... 48 3 3 

Billerica, forty-seven pounds nine shillings and nine- 
pence, 47 9 9 

Sherbourn, thirt^^-one pounds nineteen shillings and 

threepence, . . . . . . . 31193 

Westborough, thirteen pounds two shillings and 

ninepence, . . . . . . . . 1329 

Groton, thirty-three pounds six shillings and nine- 
pence, . . . 33 6 9 

Lancaster, thirty-seven pounds five shillings and 

ninepence, . . . . . . . . 3759 

Franiingham, thirty -seven pounds eighteen shillings 

and ninepence, . . . . . . . 37 18 9 

Medford, nineteen pounds four shillings and three- 
pence, 19 4 3 

Stow, twenty-one pounds six shillings and one penny 

half-penny, 2161J- 

Worcester, six pounds, ...... 600 

Dunstable, eleven pounds ten shillings and tenpence 

half-penny, lllOlOi- 

Dracutt, eight pounds eighteen shillings and nine- 
pence, . . . . . . . . 8 18 9 

Leicester, one pound sixteen shillings and one pennj^ 

half-penny, . . . . . . . 1161^ 

Littleton, six pounds, ...... 600 

IN THE COUNTY OF HAMPSHIRE. 

Springfield, sevent3''-five pounds four shillings and 

one penny half-penu}-, . . . . . 75 4 1| 

Northampton, fifty-eight pounds eight shills. and 

tenpence half-penn}^ . . . . . . 58 8 10 J- 

Hadley, thirty-four pounds eight shillings and six- 
pence, ........ 34 8 6 

Hatfield, twenty-eight pounds one shilling and six- 
pence, ........ 28 1 6 

Westfield, twenty-nine pounds seventeen shillings 

and fourpence'halfP^ 29 17 4J- 

Suffleld, thirty-two pounds seventeen shillings and 

a penny half-penny, . . . . . . 32 17 1^ 

Enfield, twenty-six pounds and ninepence, . . 26 9 

Deerfield, fifteen pounds nineteen shillings and six- 
pence, . . . . . . . . 15 19 6 

Brookfield, six pounds, ...... 600 

Sunderland, three pounds, 3 

IN THE COUNTY OF PLIMOUTH. 

Plimouth, seventy-two pounds one shilling and three- 
pence, 72 1 3 

Plimpton, thirty-two pounds six shillings and nine- 
pence, 32 6 9 

Scituate, ninety-five pounds nine shillings and nine- 
pence, 95 9 9 



[1st Sess.] 



Province Laws. — 1721. 



215 



Bndo:ewater, sLxt3'-eiglit pounds three shillings and 

fourpence half-penny, 

MarShlield, fifty pounds eighteen shillings and three 

pence, ....... 

Penibrook, twenty-three pounds eight shillings and 

SLxpenee, ....... 

Duxborough, thirtj^-one pounds nine shillings and 

threepence, ...... 

Middleborough, thirty-eight pounds four shills. and 

seveupence half ''•'', ..... 
Kochester, thirty-six pounds twelve shillings and 

ninepence, ....... 

Abington, ten pounds twelve shillings, . 

IN THE COUNTY OF BRISTOL. 

Bristol, fort3'-eight pounds, .... 
Taunton, seventj'-four pounds six shillings and six 

pence, . . 
Norton, with the Xorth Purchase, twentj'-nine 

pounds twelve shillings and ninepence, 
Dartmouth, eighty-one pounds twelve shillings, 
Dighton, thirty-three pounds nineteen shills. and 

sevenpence half-penny, .... 
Eehoboth, eighty pounds three shillings and one 

penny half-penn}^, ..... 
Little Compton, sixt3^-one pounds eight shillings 

and sixpence, ...... 

Swausey and Shawamet, fifty-three pounds and nine 

pence, ....... 

Tiverton, twenty-seven pounds nine shillings, 
Freetown, twenty-four pounds nine shillings, . 
Attleborough, thirty -three pounds nine shillings and 

one penny half-penny, .... 

Barrington, seventeen pounds eighteen shillings and 

sixpence, ....... 

IN THE COUNTY OP BARNSTABLE 

Barnstable, eightj^-two pounds sixteen shillings and 

ninepence, ....... 

Sandwich, fifty-three pounds one shilling and three 

pence, . . . . . 

Eastham, fifty-six pounds four shillings and a penny 

half-penny, ...... 

Truro, twenty-six pounds seventeen shillings and a 

penny half-pennj', . . 
Yarmouth, fiftj'-one pounds fifteen shillings, . 
Harwich, thirty-five pounds sixteen shillings and 

threepence, ...... 

Falmouth, twenty pounds eighteen shillings and 

one penny half-penny, .... 

Chatham, seventeen pounds eighteen shillings and 

sixpence, 

IN DUKES COUNTY. 

I^dgartown, twenty-three pounds seventeen shills 
and ninepence, . . . ' . 



£68 3s. 4icL 

50 8* 3 

23 8 6 

31 9 [3t] 

38 4 [7^t] 

36 12 9 

10 12 

48 

74 6 6 

29 12 9 

81 12 

33 19 7[^t] 

80 3 l[lt] 

61 8 6 

53 9 

27 9 

24 9 

33 9 1^ 

17 18 6 

82 16 9 
53 1 3 
56 4 IJ 

26 17 1| 

51 15 

35 16 3 



20 18 1^ 



17 18 6 



* Sic in the original. 



23 17 9 
t Parchment destroyed. 



28 


13 


9 


3 








3 









216 Province Laws.— 1721. [Chap. 4.] 

Chilmark, thirty-eight pounds sixteen shills. and 

sevenpence half-penny, ..... £38 16s. 7^d. 

Tisbury, eleven pounds eighteen shillings and nine- 
pence, . . . . . . . . 11 18 9 

IN THE COUNTY OF YORK. 

York, forty-three pounds six shills. and threepence, 43 6 3 

Kitter}^, sixty-five pounds fourteen shillings and 

threepence, . . . . . . . 65 14 3 

Berwick, twenty-eight pounds nineteen shillings and 

sevenpence half-penny, . . . . . 28 19 7 J 

Wells, twenty-eight pounds thirteen shillings and 

ninepence, ........ 

Falmouth, three pounds, ..... 

Biddiford, three pounds, 

Nantucket, seventy-seven pounds thirteen shillings 

and one penny half-penny, . . . . 77 13 1 J 

And be it further enacted by the authority a/ores'^, 
[Sect. 2.] That the treasurer do forthwith send out his warrants, 
directed to the selectmen or assessors of each town or district within 
this province, requiring them, respectively, to assess the sum hereby set 
upon such town and district, in manner following ; that is to say, to 
assess all ratable male polls, above the age of sixteen years, at thirty 
pence per poll (except the governour and lieutenant-govern[our?*] and 
their familys, the president, fellows and students of Harvard College, 
setled ministers and graiiiar-school masters, who are hereby. exempted, 
as well from being taxed for their polls, as for their estates being in 
their own hand and under their actual management and improvement) ; 
and other persons (if such there be) , who thro age, infirmity or extream 
^ poverty, in the judgment of the assessors, are not capable to pay 
towards publick charges, they may except their polls and so much of 
their estates as in their prudence they shall think fit and judge meet ; 
and all estates, both real and personal, l^ing within the limits and 
bounds of such town or district, or next unto the same, not paj-ing else- 
where, in whose hand, tenure, occupation or possession soever the same 
is or shall be found ; and income b}^ an}^ trade or faculty, which any per- 
son or persons (except as before excepted) do or shall exercise in gain- 
ing by moneys or other estate, not particularly otherwise assessed, or 
coinissions of profit in their improvement, according to their under- 
standing and cunning, at one penny on the pound ; and to abate or mul- 
tiply the same, if need be, so as to make up the sum hereby set and 
ordered for such town or district to pay ; and in making their assess- 
ment, to estimate "houses and lands at six years' income of the yearly 
rents whereat the same ma}^ be reasonably set or let for in the places where 
they lye (saving all contracts betwixt landlord and tenant ; and where 
no such contract is, the landlord to reimburse one-half of the tax set upon 
such houses and lands) ; and to estimate Indian, negro and molatto ser- 
vants proportionably as other personal estate, according to their sound 
judgment and discretion ; as also to estimate every ox of four ^-ears old 
and upwards, at forty shillings ; ever}^ cow of three 3'ears old and up- 
wards, at thirty shillings ; every horse and mare of three 3'ears old and 
upwards at forty shillings ; every swine of one 3'ear old and upward, 
at eight shillings ; every sheep and goat of one 3'ear old and upwards, 
at four shillings : likewise requiring Ithe assessors to make a fair list 
of the said assessment,- setting forth in distinct columns against each 

* Parchment destroyed. 



[1st Sess.] Peovince Laws. — 1721. 217 

particular person's name, how ninch he or she is assessed at for polls, 
and how much for houses and lands, and how much for personal estate 
and income by trade or faculty ; and the list or lists so perfected and 
sio^ned b}^ them, or the major part of them, to coihit to the collectors, 
constable or constables of such town or district, and to return a certifi- 
cate of the name or names of such collector, constable or constables, 
together with the sum total to each of them respectively comitted, 
unto himself, sometime before the last day of September next. 

[Sect. 3.] !4nd the treasurer, for the time being, upon the receipt of 
such certificate, is hereby impowred and ordered to issue forth his war- 
rants to the collectors, constable or constables of such towns or districts, 
requiring him or them, respectively, to collect the whole of each respec- 
tive sum assessed on each particular person, before the last day of 
March next ; and of the inhabitants of the town of Boston, to collect 
their proportion sometime in the month of January foregoing ; and to 
pay in their collection and issue the accompts of the whole, at or 
before the last day of Maj^ next, which will be in the year of our Lord 
one thousand seven hundred and twenty-two. 

And be it farther enacted by the authority afores^, 

[Sect. 4.] That the assessors of each town and district, respec- 
tively, in convenient time before their making the assessment, shall give 
seasonable warning to the inhabitants in a town meeting, or by posting 
up notifications in some place or places in such town or district, or 
otherwise to notify the inhabitants to give or bring in to the said assess- 
ors true and perfect lists of their polls and ratable estate. And if any 
person or persons shall neglect or refuse so to do, or bring in a false 
list, it shall be lawful to and for the assessors to assess such person or 
persons, according to their known ability in such town, according to their 
sound judgment and discretion, their due proportion to this tax, as 
near as they can, according to the rules herein given, under the penalty 
of twentj^ shillings for each j^erson that shall be convicted b}^ legal 
proof, in the judgment of the assessors, of bringing in a false list ; the 
said fine to be for the use of the poor of such town or district where 
the delinquent lives, to be lev^'ed by warrant from the assessors, di- 
rected to the constable or collector in manner as is directed for gather- 
ing of town assessments, and to be paid in to the town treasurer or 
selectmen for the use aforesaid : saving to the party aggrieved at the 
judgment of the assessors in setting such fine, liberty of appeal there- 
from to the court of general sessions of the peace, within the county, for 
relief, as in case of being overrated. 

[Sect. 5.] And if the party be not convicted of any falseness in the 
list by him presented of polls, ratable estate, and income b^^ any trade 
or faculty which he doth or shall exercise in gaining, by money or other 
estate not particularly otherwise assessed, such list shall be a rule for 
such person's proportion to the tax, which the assessors may not exceed. 

[^Passed June 22 ; published Jidy 15. 

• 

Notes. — The General Court which met May 31, this year, held but one session, and was 
dissolved by the Governor in a speech given below. Although this session was distin- 
guished by the beginning of an open conflict between the Representatives and the Governor, 
upon constitutional questions, some of which were suljsequently settled by the explanatory 
charter, only four public acts and three private acts were passed, the engrossment of all of 
which are preserved. Only chapter one was printed with the sessions acts. 

The private acts bear the following titles : — 

" An Act to Enable Mary Sergeant Relict Widow & Administratrix of Thomas Sergeant 
late of Amesbury Deci intestate to sell & dispose of Eighteen Acres of Land being Part 
of a Tract of Forty Acres under Mortgage to the Commissioners of the Hundred Thou- 
sand Pounds Loan for the Use of tliis "Province conformaljle to a Contract made by the 
said Dec' some short Time before his Death."— [Passed June 16. 

" An Act to Enable William Man of Boston in the County of Suffolk Brasier to bring 
forward an Action or Writt of Review of a Plea of the Case (V)y him commenced against 
one John Quy of Brentford m the Colony of Connecticutt Taylour at an Inferiour Court 

28 



218 Province Laws. — 1721. [Notes.] 

of Common Pleas held at Boston on the first Tuesday of July last) at the Inferiour Court 
of Common Pleas to be holden at Boston for y« County of Suffolke either on the first 
Tuesday of July next or the first Tuesday of October next." — [Passed June 16. 

" An Act for the Rclcife of Gyles Dyer Gcntlcm" Against a Judgment Obtain'd against 
him by John Barnard, Mercli'." — [Passed June 29. 

Only one of the acts of this session appears to have been considered by the Board of 
Trade, and this act (chapter 1) was included in the list of acts refenxd to Mr. AVest, Oct. 
15, 1724, as shown in the Notes, to foimer years. In Mr. West's report of May 15, 1725, 
no mention is made of the acts of this year, except to chapter 1, to which he reported he 
had no objection. 

The following is the Governor's speech to the Assembly alluded to aljove : — 

" July 20. 1721 — Mr. Speaker & the House being come up. His Excellency made a Speech 
to them in ye following Words ; Viz.,— Gentlemen of the House of Itepresent" " I am very 
much concern'd to find in the pi'inted Journals of the House, First an Order appointing a 
Comm'''" to draw vip a ]\Ieniorial upon or a Representation of my Speech made Ijcfurc the 
Dissolution of the Assembly in March last, & Afterwards the Memorial itself Sign'd Ijy M"' 
Cook in the Name of the Conimte" This Treatment is very surprising from a House of 
Represent^ '^*' that profess so much Loyalty & Respect to his Majesties Goveram' It appears 
to me to be very iiTCgular That the present House of Represent^''^ whereof John Clark Esq'' 
is Speaker & which consists of a Majority of new Members should take upon them to answer 
my Speech made to a foi'mer House of Rcpresent^'^'' whereof Timothy Lindal Esq'' was 
Speaker ; Those Proceedings are not only improper but without Precedent from any tbrmer 
Assemljly ; I must also observe to you that you have not shewn the Respect w" is due to 
me as Govern"^ of this Province, by suffering this Order or Memorial to go into the Press 
before It was communicated to me ; W'^'' If you had done I could have convinced you That 
it had been very much for the Service of your Countrey That neither the Order nor the 
Memorial had appeared in Print ; It is my Opinion That you will quickly be convinced 
That you have been much wanting in your Duty & Interest, By Disowning the Authority 
of that Right Hon'"'*^^ Board, w>^^'' his Majesty has constituted to superintend the Affairs of 
this Province & all the other Plantations ; For these Reasons I should have dissolved the 
General Court when the Memorial first appear'd. But I M'as in Hopes the House might have 
been brought to retract & expunge it ; Instead of Making this Use of my Tenderness, }'ou 
ha^'e gone on in the most undutiful Maimer to ■\\ithdraw from his Majesties and your 
Countreys Service By Adjourning yourselves for near a Week without my Knowledge or 
Consent, Contrary to the Royal Charter, W>^^i' absolutely vests in the Govern''" ot' this 
Province the Power of Adjourning, Proroguing & Dissolving, And that at a Time when I 
thought it for the Service & Interest of the Countrey only to Adjourn you for two Days ; 
Having an Affair of the greatest Consequence to Communicate to the House, W^i' was to 
perswade you to take some effectual Measures to prevent the Plague coming amongst us, 
There being Nothing so likely to bring it in as the French Silks & Stuffs, W^'' are con- 
stantl}' bi'ought into this Province. 

Gentlemen of the House of Represent^<^s These your unwarrantable Proceedings oblige 
me * Dissolve this Assembly. 

His Excellency having ended his Speech, The Secretary by his Order, Declared this 
Great & General Court or Assembly to be Dissolved, And the Members thereof Dismiss'd 
from any further Attendance." — Council Records, vol. XL, p. 207. 

Chap. 1. " June 27. 1721. In the House of Represent™' Whereas the Justices of the 
General Sessions of the Peace are required to take Bond with sufficient Security of the 
Commissioners of the Excise for the due Payment of all the Sums of Money Ijy them 
Collected to the Treasurer of the Province, Yet many of the Bonds heretofore given have 
not l>ccn put into the Hands & Custody of the Treasurer, Which hath been a Loss to the 
Government ; 

Resolved that the several Clerks of the Courts of General Sessions of the Peace within 
this Province shall take effectual Care to transmit all such Bonds to the Treasurer of the 
Province within three Months at furthest from the Date of such Bonds on Penalty of 
Twenty Pounds to be paid by each Clerk failing of his Duty therein. To be recover'cl by 
Bill, Plaint or Information in any of his Majesties Courts of Record, One Half of the 
Forfeiture to be to the Use of tlie Government, the other Half to the Informer; And that 
the Act for Granting to his Majesty an Excise upon Liquors &c. bo Road at the opening 
of the several Courts of General Sessions of the Peace within this Province. 

And further Resolved that Joseph Hammond Esq'' the Clerk of the Court of General 
Sessions of the Peace for the County of York send down to M'' Secretary Willard & 
, Acquaint him Whether M"' Joseph Curtiss late Commiss'' of Excise for the County of 

York gave Bond, as the Law directs. And If Bond was given That he transmit the same 
to the Treasurer, And if no Bond was given To render a reason why it was Omitted ; 
Further, 

Resolved that the Form of the Bond to be given by the Commission"' of each County be 
as follows : — 

' Know all Men by these Presents That We, A. B. of in the County of 

^ Commissioner of Excise for tlic said County as Principal Sf D. Sf E. F. 

of as Sureties AcJinorcledye ourselves bound i^ obliged in the full Sj just 

sum of to Jeremiah Allen Esq'^ Treasurer of this Province of the Mns- 

sachiisets Bay ^- to his Successors in the said Office for the Time being, for <Sf on behalf of 
the said Province ir'<^'« Payment tccll <Sf truly to be made to the said Province Treastirer for 
the Time, We bind ourselves, our Heirs, Executors <Sf Administ" jointly Sj severally, each iSf 
every of them in the Whole or for the Whole firmly by these Presents ; 

Sealed tvith our Seals, Dated'this 17 • • • andinthe . . . Tear 

of his Majesties Reign. 

* Sic. 



[XoTES.] Peovixce Laws. — 172L V,. 219 

The Condition of the above tcritten Obligation is such That n-hcreas the above named A. B. 
is appointed Commissioner of Excise for said County by the Law of this Province entituled 
An Act for Granting vnto his Majesty an Excise iipon all Wines, Liquors and other 
Strong i)rink sold by Retail, made Anno 1721, Directed to Accompt u-ith iS,- pay into the 
Province all such Sums of Money received of the hin-holders «Si Hctailers of such strong 
Drink As per the Act doth fully appear, Xow if the said A. IS. shall % da well <Sr truly in qll 
Respects &: Regards fulfill &; perform his Duty as he is Required by said Act, Then the above 
tcritten Obligation 'to' be void' S; of none Effect, Else to Abide ^ Remain in full Force, 
Strength <S,- Vei-tue.' 

In Council : Read & Concur'd— Consented to, Sam'-i- Shute." 

— Council Records, vol. XL, p. 185. 

" Jnlv 4, 1721. In the House of Ropresent^<^s Resolved that the Clerks of the General 
Sessions of the Peace in the several Countys of this Province during the Continuance of 
the Act for Granting to his Majesty an Excise upon Wines Liquors &c sold by Retail he 
hereljy obliged yearly to dehvcr to the Commissioner of Excise in their respective Coun- 
ties a'tnie List of all the Innholders Tavcrners & Retailers that shall obtain Licence to 
sell or Retail strong Drink in the said County within fourteen Days after such Licence 
obtain'd. 

In Council ; Read & Concur'd :— Consented to, Sam'-l Shute." 

—Ibi(l.,p. 191. „ . 

The following resolve, which does not appear In the Council Records, was printed with 
the acts of the second session : — 

" Sept. 4th, 1721. "Whereas by an Act of the Great and General Court or Assembly at 
a Session at Cambridge by Adjournment on Tuesday the Sixth of June last past, the Jus- 
tices in the General Sessions of the Peace, are directed to take sufficient Recognizances of 
all Persons by them Licensed, after the granting of such Licenses Mithin the space of Ten 
Days, and all persons refusing to give 13ond Muthin that time, shall loose the benefit of 
such Licence ; And whereas many Innholders and Retailers, not knowing that they were 
to pursue that Matter in such a space of time, neglected to Renew their Licence, and give _ . 
Bond as by the Act is directed : 

Resolved, That the Justices of the next General Sessions of the Peace in the several 
Counties may proceed to Renew and Grant such Licences as fell thro the neglect aforesaid, 
notwithstanding the clause in the aforesaid Law ; and that they Retail in the meantime 
paying the Duties by Law obliged." 

Chap.Z. " Novem"" 16. 1721. In Council; Whereas the Superiour Court of Judicature, 
Court of Assize & General Goal Delivery for the County of Suffolk by Reason of the 
Small Pox in Boston was Ordered by this Court to be holden & kept at Roxbury for the 
said County on the first Tuesday of November last, And by Reason of the Sitting of the 
General Court at the same Time, was by the Justices of the said Superiour Court Ad- 
jouraed to the fifth of December next, But the Small Pox being & increasing in the said 
Town of Pwoxbury, So that several of the Justices of the said Court & others concem'd in 
Attendance may be in Danger of Taking the Infection ; 

Ordered that all Actions Suits & Proc-esses, Appeals, Reviews, Recognizances, Tryals & 
other Matters & Things, that were to be heard & determined at & by the said Court, W"^!* 
was to have sat the first Tuesday of this Instant November, & Adjoumed as aforesaid, 
Be further Continued to the Superiour Court of Judicature, Court of Assize & General 
Goal Delivery to be holden at Boston for the said County on the first Tuesday of May 
next, or otherwise to be Adjourned Avith Respect to Time & Place as the Govern^ & Council 
in the Recess of the General Court shall see most safe : 

And whereas the Su]ieriour Court of Judicature Court of Assize & General Goal De- 
livery is appointed by Law to bo holden and kept at Charlestown in the County of INIiddle- 
sex on the last Tuesday in Januarj"-, And the Town of Charlesto-iATi is much infected with 
y Small Pox whereby some of the Justices of the s'' Court & others concern'd in Attend- 
ance may be in Danger of Taking the Infection there also ; 

Ordered that all Actions, Suits, Processes, Appeals, Reviews & Recognizances, Tryals & 
other Matters & Things that by Law are to be heard & determined at & by the said Court 
be Continued to the Superiour Court of Judicature Court of Assize & General Goal De- 
livery to be holden at Cambridge the last Tuesday of July next for the said County of 
Midcilesex, Or be otherwise adjourned in Respect of Time & Place, As the Govern'" & 
Council in the Recess of the General Court shall see most safe & Convenient : — In the 
House of Representee's Read & Concur'd : — Consented to, Sami-I' Shute." 

— Council Records, vol. XL, p. 255. 

Chap. 4. " June 20. 1721. In the House of Represente'<^8 June 15. 1721. Resolved that 
the Sum of Six Thousand Pounds only shall be levied upon Polls & Estates this Year 
W' >> with the Sum of Ten Thousand two Hundred and fifty Pounds by the Duties of Im- 
post & Tunnage of Shipping & Excise together with the Income of the Bills let out & the 
Light House will make the Sum of Sixteen Thousand two Hundred and fifty Pounds, 
Pursuant to the Funds & Grants made in the Years 1718 & 1719. In Council : Read & 
Concur'd : Consented to, Sami-I' Shute." 

— Ibid., p. 174. 

" June 27. 1721, In the House of Represent«s June 23. 1721. Resolved that the 
Treasurer be & hereby is Directed to Issue forth & Emit the Sum of Five Thousand 
Pounds of the Bills of publick Credit that are or shall be Recieved into the Treasury for 
Payment of the publick Debts of this Province already contr-acted & for the Supplying 
the Charge of the Forts & Garrisons & Wages arising for the Service & for the Payment 
of Grants, Salaries & Allowances made or to be made by this Court & for no other End & 
Eses whatsoever ; All which are for the Defence & Support of the Government & neces- 
sary Protection & Preservation of the Inhabitants of this Province According to such 



220 PROVINCE Laws. — 1721r [Notes.] 

Draughts as from Time to Time shall be made upon him by Warrant or Order of the 
Governour or Commander in Chief for the Time being by & with the Advice & Consent 
of the Council. 

And the said Bills shall pass out of the Treasury at the Value therein express'd equiva- 
lent to Money & shall be so taken & Accepted in all Publick Payments ; And that the 
Duties of Impost & Excise shall be a Fund & Security for the Repayment & Drawing in 
of the said Bills into the Treasury again. 

And as a Fund & Security for the same, 

It is further Resolved that there be & hereby is Granted unto his most Excellent 
Majesty to the Ends & Uses aforesaid a Tax of Five Thousand Pounds to be levied upon 
Polls & Estates both Real & Personal within this Province according to such lUilcs & in 
such Proportion upon the several Towns & Districts within the same as shall be Agreed 
on & Ordered by the Great & General Court or Assembly of this Province at their Session 
in May 1731 &, Paid into the Treasury on or before the last Day of December next after; 
And 

WTiereas through the Scarcity of Bills of Credit It gi'ows difficult for Persons to Convert 
the Produce of their Lands & other Estates into Bills & Pay their Rates in them It is fur- 
ther Ordered that the Inhabitants shall have Liljcrty (If they see tit) to pay the several 
Sums that shall be on them respectively Assess'd in the several Species hereafter men- 
tioned at such Rates & Prices as the General Assembly shall set them ; Viz., In good 
BaiTel Pork or Beef, Wheat, Peas, Barley, Rye, Indian Corn, Oats, Flax, Hemp, Bees 
Wax, Butter in Firkins, Cheese, Hides, Tan'd Leather, Dried Fish, Mackeril in Barrels, 
Oyl, Whale Bone, Bay Berry Wax or Tallow ; W^'' Species shall be received by the 
Treasurer of the several Constables or Collectors And by him disposed of to the best Ad- 
vantage for the Calling in of the said Bills into the Treasury; And if any Loss by the 
Sale of the aforesaid Species or by any other imforescen Accident should arise. Then such 
Deticiencys shall Ijc made good by a Tax of the Year next following, so as fully and 
effectually to Call in the Whole of the said Sum of Five Thousand Pounds in Bills 
Emitted As aforesaid 

In Council ; Read & Concur'd with Amendments. In the House of Representee* Read 
& Non-Concur'd." — Council Records, vol. XI., jj. 184. 

"June 27. 1721. In Council; Ordered that a JNIessage be sent down to the House of 
Represent^"^s That the Board adhere to their Amendments on the Vote for Emitting Five 
Thousand Pounds for the following Reasons. 

First, As to their Insei'ting those Words [For the Defence & Support of the Government 
& necessary Protection & "Preservation ot the Inhabitants of this Province] The Board 
propose the Amcndm' as being Agreeable to -the Royal Charter in that Case — Secondly, 
For that upon Searching into Precedents, The Board tind the Vote of the Hon''i>-' House 
for Applying the Money granted to differ very much from, And the Amendm^ proposed to 
be very agreable to what the General Assembly have practiced in their Grants for Supply 
of the Treasury — Thirdly, That by this imusuai Resti-aint or Limitation of the Uses of the 
. Money granted. The Atfairs of the Governm' may very much sutler & be discouraged If 

no Provision be made in the Grant for Defraying such "Charges as are incident & unavoid- 
able in the Defence & Support of the Government & the Protection & Preservation of the 
Inhabitants. 

Secondly,* As to the other Article, The Board arc of Opinion It is both for the Interest 
& Honour of the Province by all Methods possible to Keep up the Value of the Bills of 
Credit, And therefore seeing the Produce of the Countrey is Order'd to be paid into the 
Treasury, Care should be taken That the Price of e^'ery Species should be set at a very 
moderate Value or Rate, So as that there may be no Deficiency. 

In the House of Represent^ <'s Read & Non-Concur'd & Resolved that the House do 
insist on their former Vote." — Ibid., p. 186. 

" June 29. 1721. In Council; Ordered that Samuel Sewall Benjamin Lynde and Paul 
Dudley Esq'''* be a Committee to Confer with a Committee of the Hon'Ji'= House of Repre- 
sentees on the Subject Matter of the Resolve for Emitting Five Thousand Pounds, The 
said Conference to be forthwith Attended. 

In the House of Representees Read & Non-Concvn-'d Unanimously." — Ihid., p. 188. 

" June 29, 1721. In Council ; Ordered that a Message be sent do-\vn to the Hon^ie House 
of Representees That seeing the House have rejected the Amendments made on the Resolve 
for Emitting the Sum of Five Thousand Pounds for Supply of the Treasury & the Message 
of the Board thereon, the Board are desireous to know What ]\Iethod the House propose to 
defray such unforeseen & contingent Charges as may necessarily arise for Support of the 
Government during the Recess of the General Court." — Ibid. 

" June 30. 1721. In the House of Representees June 29, 1721. Wliereas in the Resolve 
of this House for Supply of the Treasury pass'd the 23'^ Instant, The several Uses As Pay- 
ing Grants, Salaries, Allowances & Supporting Garrisons are enumerated And further 
Provided that no Part of the Money be dra-\^ii out of the Treasury for any other Ends or 
Uses whatsoever Notwithstanding which when any unforeseen & contingent Charges arise 
for Support of the Government during the Recess of the General Assembly, In all such 
Exigency the Charges shall cither pass the whole Court for Approbation &' Payment, Or 
be first examined & allow'd by a Committee of this House to be appointed for that Purpose 
before a Warrant be issued for Payment of such Charges. 

In Council ; Read & Unanimously Non-Concur'd. 

In the House of Representees Ordered that a Message be sent up to the Hon'''e Board in 
Answer to the Message of the 29"' Instant respecting a Resolve for Supplying the Treasury, 
That the House are of Opinion Notwithstanding a Clause in the aforesaid Resolve That the 
unforeseen & contingent Charges that may necessarily arise for the Support of the Govern- 
ment during the Recess of the General Assembly may be defrayed with as much Honour 
& Justice to the Government & Satisfaction to the Persons employed by the Publick as 

* Sic. 



[Notes.] Province Laws. — 1721. 221 

beretofore & the Affiiii-s & Business of the Govcramcnt no Ways retarded For that when 
such Aeconipts of Charges shall be laid before the Court for Allowance & Pa^-ment, They 
will have a just Consideration & ready Allowance, And It is observable in Perusing the 
Treasurers Acconipts, that the several Sums therein charged that do not arise under the 
Ends & Uses enumerated in the Emission for Supply of the Treasury are few & small & 
paid to such Persons & for such Service That the Accompts may be as well examined by 
the General Court as by the Council only, and no Injury or Injustice done to any Person 
by being kept out of their Money, But if at any Time in the Recess of the Court any un- 
foreseen Charges necessarily arise for the Defence & Support of the Goveniment and the 
necessary Protection & Preservation of the Inhaljitants of this Province that demand 
prompt Payment may be Order'd hj Warrant on the Treasurer Though the Articles of 
Charge do not come under any of the Ends & Uses before enumerated ; Provided any 
Draught or Draughts happen to be made on this Emission & do not come fully & plainly 
under some of the Heads aliove mcntion'd, they shall not be allowed in Passing the Treas- 
urers Accompts being contrary to the Directions of the Royal Charter as well as the Intent 
& Meaning of this Court in the Grant for Supply of the Treasury ; Sent up for Con- 
currence, 

In Council ; Read. 

In Council ; Whereas a Difficulty hath arisen at the Board as to the Meaning or Con- 
struction of the Message from the Hon'^''^ House of Represent™^ upon the vote for Emitting 
Five Thousand Pounds for Supply of y Treasury ; 

Ordered that Addington Davenport, Thomas Fitch & Samuel Thaxter Esqi's be a Com- 
mittee to Confer with a Committee of the House in Order to their Coming to a fuU imder- 
standing of the true Import and Design of the said Message. 

In the House of Represent' '*; Read & Non-Concur'd." — Ibid., p. 189. 

" June 30. 1721, In Council, The above Vote of the Represent™' relating to the Grant 
of £5000 was again Read & Unanimously Non-Concur'd, And 

A Message went do^ni to the House of Representatives by Jonathan Dowse Esq'' To 
Acquaint them there with. And that if the House have Nothing to send up this Evening, 
His Excellency will adjourn the Board to Tuesday next. 

A Message came up from the House of Representatives To desire That if his Excellency 
sees Cause to acljoum the Court, It may be for fourteen Days at the least. That so M"" 
Speaker may have Time to call in the absent Members of the House, And that his Excel- 
lency would please to give Orders That the Members of the Board may attend their Duty 
upon the Adjournment. 

The Secretary went down to the Representatives on a Message That his Excellency had 
Ordered him to acquaint them, That he thinks it is not for his Majesties Service nor the 
Safetj' of the Government To make any long Adjournment of this Court until the necessary 
supply of the Treasury be Agreed on, and therefore shall adjourn no longer than till Tuesday 
next at Ten a Clock in the Morning."— /6(V/.,;>. 190. 

" July 4. 1721. In Council ; Ordered that a Message be sent down to the Honb'e House 
of Represent' es That Considering the Misunderstanding that has arisen between the Board 
& the House upon their Resolve for £5000 for Supplying the Treasury & especially for 
that there is not (as the Board apprehend) a sufficient Provision for the Govern'' & Council 
to draw upon the Treasury for such incident or unavoidable Charges or Expences, that 
shall be necessary for his Majesties Service in the Support of the Government the Protec- 
tion & Defence of the Inhabitants of this Province, The Board desire that the House for 
the Facilitating & Dispatching the Affairs of the Court would come to a new Resolve for 
the said Sum, or so much as shall be thought necessary for Supply of the Treasury." — 
Ibid., p. 191. 

"July 5. 1721. In the House of Represent^s Ordered that a Message be sent to the 
Hon'ji'^ Board in Reply to the Message sent doA^Ti the fifth Instant ; 

That the Resolve for Five Thousand Pounds for Supply of the Treasiuy hath made as 
full & sufficient Provision for the Govern'' & Council to draw upon the Treasury for inci- 
dent & unavoidable Charges as is either reasonable or for the Safety of the Government & 
Comports with the Clause in the Royal Charter Impowering this Court to Impose & Levy 
proportional & reasonable Assessments, Rates & Taxes upon the Estates & Persons of all 
& every the Proprietors & Inhabitants of the said Province & Territory to be Issued & 
Disposed of by Warrant under the Hand of the Governour of the said Province for the 
Time being with the Advice & Consent of the Council for the Service & in the necessary 
Defence of the Government of the said Province or Territory & the Protection & Preserva- 
tion of the Inhabitants thereof. According to such Acts as are or shall be in Force in the 
said Province, By which Clause it is most certain That what Money shall from Time to 
Time shall* be levied as aforesaid may & ought to be Appropriated to such Ends and Pur- 
poses as the General Court may or shall Agree upon Provided they are for the necessary 
Suppoi-t & Defence of the Government & Protection and Preservation of the Inhabitants, 
And those Words in the Charter [For our Service &c.] can not give the Governour & 
Council a Power to draw upon the Treasury for any Service, Unless such Service come 
under the Ends & Uses appropriated by the whole Court; But those words stand rather as 
a plain Declaration or Caution, That what Money shall be Levied upon the People must 
be for the Service of the Provmce." — Ibid., p. 192. 

(a.) " July 6. 1721. In the House of Represent''<^s Resolved that the Treasurer be and 
hereby is Directed to issue forth & Emit the Sum of Five Thousand Pounds of the Bills of 
publick Credit that are or shall received into the Treasury for Payment of the publick Debts 
of the Province already contracted and for Payment of Grants, Salaries & Allowances 
made or to be made by this Court & for Payment of all unforeseen charges necessarily 
arismg in the Recess of this Court for the Defence & Support of the Go-v-emment & the 
Protection and Preservation of the Inhabitants of this Province, Whether occasion'd by 

* Sic. 



222 ' Province Laws. — 1721. [Notes.] 

Pirates or any other Invasion by Sea or Land or by any other Way or Means that demand 
prompt Payment & for Payment of Expresses dispatched in the Service of this Government 
& for Supplying and Supiwrting the charge of the Castle, Forts & Garrisons & Wages 
arising for their Service (Provided the Muster Rolls or any Accompt of Charge or Expence 
on the Castle Forts or Gamsons shall not be paid until such Muster Roll or Accompt of 
Charge or Expence hath been examined & allowed of by this Court) & for no other Ends 
& Uses whatsoever, According to such Draughts as shall from Time* be made upon 
him by Order of the Governour or Commander in Chief for the Time being by & with the 
Advice & Consent of the Council ; And the said Bills shall pass out of the Treasury at the 
Value express'd in them equivalent to Money, And shall be so taken and Accepted in all 
Publick Payments. 

And that the Dutys of Impost & Excise shall be a Fund & Security for the Repayment 
& Drawing in of the said Bills into the Treasury again so far as that will reach ; And as a 
further Fund & Security for the same, 

It is further Resolved that there be & hereby is Granted unto his most Excellent Majesty 
to the Ends & Uses as aforesaid a Tax of Five Thousand Pounds upon Polls & Estates 
both Real & Personal within this Province according to such Rules & in such Proportion 
upon the several To^\tis & Districts within the same as shall be Agreed on & Ordered by 
the Great & General Court or Assembly of this Province at theii'Session in May Anno 
1731, and paid into the Treasury on or before the last day of December next after; And 
Whereas through the Scarcity of Bills of Credit It grows difficult for Persons to Convert 
the Produce of their Lands & other Effects into Bills & Pay there Rates in them, 

It is further Ordered that the Inhabitants of this Province shall have Liberty (If they see 
fit) to pay the several Sums that shall be on them respectively assess'd in the several 
Species hereafter mention'd at such moderate Rates & Prices as the General Assembly 
shall set them; Viz., In good Barrel Beef or Pork, Wheat, Barley, Rye, Indian Corn, 
Oats, Flax, Hemp, Bees Wax, Butter in Firkins, Cheese, Hides, Tann'd Leather, Dry Fish, 
Mackeril in BaiTcls, Oyl, Whale-Bone, Bay berry Wax or Tallow ; W<;'' Species shall be 
received by the Treasurer of the several Constables or Collectors, & be by him disposed of 
for the best Advantage in Calling in of the said Bills into the Treasury, And if any Loss 
by the Sale of the aforesaid Species, or any other unforeseen Accident should arise, the 
said Deficiencys shall be made good by a Tax of the Year next following. So as fully and 
effectually to call in the Whole of the said Sum of Five Thousand Pounds, Emitted as 
aforesaid. 

In Council ; Read & Concur'd— Consented to, SamlI' Shute." 

—Ibid., p. 193. 

The following extract from a letter by Lieutenant-Governor Dummer to the Lords of 
Trade shows that the adoption of a clause in the foregoing resolve established an important 
precedent : — 

" Boston OctoV 7"» 1729. 

Mv Lords * * ** * * * * * * 

I think it necessary to observe to your Lordships that ever since that clause appointing 
the Muster Rolls to be pass'd on by the whole Court, was br6t into the Resolve for the 
supply of the Treasury, which was first done in the year 1721, when Gov Shute M'as in 
the Chair, there has always been some opposition made to it by the Council ; but it has 
nevertheless had their concuiTcnce and the consent of the Governor to this day. The Case, 
as it is stated by the late Governor, is in the Journals page 54 and the answer of the Rep- 
resentatives is in page 64. The necessity of a supply of the Treasury for the support of the 
Government has weighed with me in the passing of it, as it has bin done for eight years 
past, having no prospect of retrieving that article at present: But it seems to me, that the 
Clause in the Charter, upon which that matter depends, does require an explanation from 
the Cro^vn, or it will be every year an occasion of fruitless contention in the Legislature to 
the prejudice of His Majesty's service and the public good. * * * * WM Dumsier. 

Reed Nov 21. 1729. Read June 9. 1731." 
""N. E., Board of Trade" : Pub. Rec. Office, vol. 17, Z., 166. 

• SUs. 



ACTS, 
Passed 172 1 — 22. 



[223] 



ACTS 

Passed at the Session begun and held at Boston,* 
ON the Twenty-third day of August, A.D. 1721. 



CHAPTER 1. 

AN ACT FOE, THE MORE EASY LEVYING AND REGULATING SOULDIERS. 

Be it enacted by His Excellency the Governour, Council and Repre- 
sentatives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That, when and so often as there shall be occasion for Soldiers to be 
raising souldiers for the preservation and defence of his majesty's sub- fmpTeMed!"*^ 
jects and estates within this province, and the encountering, repelling See 1699-1700, 
or subduing any that shall attempt, in hostile manner, to enterprize the " ^'^' 
destruction, invasion, detriment or annoyance of this his majesty's prov- 
ince, or any of his subjects therein, so often as the chief officer of any 
regiment of militia within this province, shall receive orders from the 
captain-general or commander-in-chief, for the time being, of the said 
province, for the detaching and impressing, or causing to be detached 
and impressed, for his majesty's service, out of the regiment under his 
command, so many souldiers as in such orders shall be mentioned, such 
chief officer of the regiment shall forthwith, thereupon, issue forth his 
warrants to the captains or chief officers of the companies or troops 
within his regiment, or such of them as he shall think fit, requiring 
them, respectively, to detach and impress, out of the militia in the 
companies or troops under their command, so many able souldiers, fur- 
nished and provided as the law directs, as in the whole shall make up 
the number which, by the order of the captain-general or commander- 
in-chief, he shall be directed to detach and impress ; on pain that every 
chief officer of a regiment that shall neglect or not do his utmost to 
send forth his said warrant seasonably (having orders for the same, as 
abovementioned) , shall forfeit and pay a fine of twenty pounds. 

[Sect. 2.] And every captain, or chief officer of any company or Penalty for the 
troop, who shall receive any warrant from the chief officer of the reg- chfef officer ot 
iment whereto such company or troop belongs, for the impressing out t^e regiment, 
of the same any souldier or souldiers for his majesty's service, shall 
thereupon use his utmost endeavour to detach or impress, or cause to 
be detached or impressed, so many souldiers as by such warrant he 
shall be required. 

[Sect. 3.] And in case any person that is an able-bodied, effective Encourage 
man, to the acceptance of the chief officer of the company, shall enter "ere/"'' ^°^'^" 
himself a volunteer in the service, he shall receive the sum of forty 
shillings, out 'of the publick treasury, by way of bounty ; no children 
under age or servants to enlist, without leave from their parents, guar- 
dians or masters ; and whosoever shall enlist himself shall not be com- 

. * At the George Tavern, on Boeton Neck, because of the emall-pox in the town. 
29 [225] 



226 



Province Laws. — 1721-22. 



[Chap. 1.] 



Penalty for the 
neglect of the 
chief ofBccr of 
the companies 
and undeioffi- 
cers and sol- 
diers. 



Persons re- 
quired to assist 
in impressing. 

Penalty for ex- 
action and dis- 
charging from 
service. 



Penalty for not 
attending the 
service when 
impressed. 



Proviso. 



Distribution of 
the fines. 



New warrant 
to be made out 
upon fining. 



Persons paying 
their fine to be 
esteemed as 
those that 
serve. 

Persons im- 
pressed to be 
pursued. 



pelled to continue in the service more than two years, nor be put oflf 
from one company to another, without his free consent. 

[Sect. 4.] And every captain or chief officer, as aforesaid, shall 
have his men at the place of rendezvous in time, as therein shall be 
mentioned, and take a receipt for so many men as he shall deliver to 
the officers appointed to receive them, and lodge such receipt in the 
colonel- or chief officer's hands, to be by him returned into the treas- 
urer's office ; on pain that every captain or chief officer of any company 
or troop that shall neglect or not do his utmost to comply with and ex- 
ecute any warrant to be by him received, as aforesaid, from the chief 
officer of the regiment, shall, for such his neglect or default, pay a fine 
of ten pounds ; and every officer or souldier that shall receive a war- 
rant from his captain or chief officer of the company or troop in which 
he is enlisted, for the detaching or impressing of men, shall forthwith 
attend and execute the same, on pain of paying a fine of five pounds. 

[Sect. 5.] And all persons are required to be aiding and assisting 
to him in the execution of such warrant, on pain of forfeiting the sum 
of forty shillings. And if any person authorized, as aforesaid, to im- 
press any souldier or souldiers for his majestj-'s service, shall exact or 
take any reward to discharge or spare any from said service, otherwise 
than as is allowed by this act, he shall forfeit ten times so much as he 
shall so exact or take ; all which fines and penalties, aforesaid, shall be 
one moiety thereof unto his majesty, for and towards the support of the 
government of this province, and the other moiety to him or them that 
shall inform or sue for the same, by action, bill, plaint or information, 
in any court of record. 

And be it further enacted by the authority aforesaid, 
[Sect. 6.] That every person, lyable and fit for service, being 
orderly impressed, as aforesaid, for his majesty's service, by being com- 
manded, in his majesty's name, to attend the said service, shall, by him- 
self or other meet person in his room (to the acceptance of the captain 
or chief officer) , attend the same at the time and place appointed ; on 
pain of suffering six months' imprisonment, without bail or mainprize, 
to be committed by mittimus from any justice of the peace, or chief 
officer of the compan}^ or troop (where no justice is in the town), upon 
conviction of such neglect : unless such person, within the space of 
six hours next after his being impressed, shall pay to his captain or 
chief officer, by whose warrant he shall be impressed, the sum of ten 
pounds. 

And be it further enacted by the authority aforesaid, 
[Sect. 7.] That the fines arising by persons so refusing, shall be 
distributed, in equal proportion, to those that shall be impressed and 
detached at that time out of such military company or troop, and pro- 
ceed in the said service : provided, the fines do not exceed ten pounds 
per man so detached ; the remainder (if any such be) to be kept for the 
like use when there shall be occasion ; the captain or chief officer of the 
companies to make a return to his colonel of every man he has im- 
pressed, and of the fines recei\ied ; and such captain or chief officer 
shall, in such case, forthwith make out a new warrant for impressing 
another souldier instead of him that was before impressed, and shall 
renew his warrants as often as there shall he occasion, until the number 
sent for from him be compleated. And all persons paying the said sum 
of ten pounds, as before mentioned, shall be esteemed as persons that 
have served, and be no further or otherwise lyable to any after-impress 
than those that actually go forth in service at the same time. 

[Sect. 8.] And all persons, lawfully impowred to impress, may 
pursue any person that hides from the press or makes his escape, and 
may, by himself or deputy, impress such person in a-ny place within 



[1st Sess.] Province Laws.— 1721-22. 227 

the province ; and if any person, impressed for liis i " ' 

being so duely returned, shall remove or go out of t'.. ^ 

not attend the service as required, such person, at his return, shall be 

apprehended, by warrant from any justice of the peace, and be by him 

couniiitted to prison, unless such person give sufficient security to 

answer it at the next general sessions of the peace ; and upon due con- Such as go out 

viction of the said offence, by the oath of him that impressed him, to lie prosecuted 

shall sufler three months' imprisonment, and before he be released shall at their return. 

also pa}' a fine of ten pounds, to the use of the company or troop 

whereto he belonged at the time of his impress. And if any person, Penalty for as- 

directly or indirectly, b}' counsel or otherwise, shall prevent the im- ^stmg escapes, 

pressing, conceal any person impressed, or knowingly further his escape, 

such person shall paj', as a fine, five pounds. 

And it is further enacted by the authority aforesaid, 

[Sect. 9.] That all souldiers and seamen that have been wounded Pensions to 
in his majesty's service within this province, and are thereby maimed diewanci sea- 
or otherwise disabled, and had j'early pensions heretofore allowed them, »nen continued, 
shall have the continuance of the same, during their abode in this prov- 
ince under such disability, to be paid them out of the publick treasurj^ ; 
and all such souldiers and seamen as at any time hereafter shall be soldiers that 
maimed or otherwise disabled by any wound to be received in his maj- ^e^^-omidcd to 
esty's service within this province, shall be relieved out of the publick he relieved. 
treasury, as the great and general court or assembly shall order. And 
if any souldier shall lose his arms in his majest^^'s service within this 
province, not thro his own neglect or default, such loss shall be born by 
the publick ; and in case an}^ souldier be furnished with arms for any Arms, 
expedition in said service, he shall allow, out of his wages, tlireepence 
per week for the same, and return such arms, or otherwise pay the 
value thereof. 

And he it further enacted by the authority aforesaid, 

[Sect. 10.] That all souldiers shall be in pay from the time of their Time of being 
being impressed or detached till they be orderly discharged, and have '° ^'^^'' 
reasonable time allowed them to repair to their usual places of abode. 

And be it further enacted by the authority aforesaid, 

[Sect. 11.] That every officer that shall make any false or untrue Penalty for 
muster, or enter any person or persons on the muster-roll, on any pre- ^^^^° musters. 
tence whatsoever, that shall not be at the place where the forces are 
ordered to do dut}-, or that shall knowingly muster any person by a 
wrong name, upon proof thereof, shall forfeit and pay for such otfeuce 
one hundred pounds, and forthwith be casher'd and displaced from such 
his office. 

[Sect. 12.] The fines and forfeitures arising by this act, and not Disposal of the 
otherwise disposed of in this act, to be recovered by bill, plaint or in- ^®^' 
formation in any of his majesty's courts of record ; the one half part 
thereof to be imploj'ed to and for the support of the government of 
this his majest3''s province, the other half to such person that shall 
inform and sue for the same. 

And be it further enacted by the authority aforesaid, 

[Sect. 13.] That a captain's pay be seven pounds per month; a officers' and 
lieutenant's pa}', four pounds ; a sergeant's pay, two pounds thirteen ^^'^'"^'^'*' v-^y- 
shillings and fourpence ; corporal's pay, fortj'-eight shillings per month ; 
that a major's pay be ten pounds, a lieutenant-colonel's pay be twelve 
pounds, and a colonel's pa}' be fourteen pounds per month ; and that a 
private centinal's pay be forty shillings per month. 

[Sect. 14.] This act to continue and be in force for the space of Continuance of 

. , tliis act 

three years next coming, and no longer ; any law, usage or custom to 
the contrary notwithstonding. [^Passed September 9. 



228 



Province Laws.— 1721-22. [Chaps. 2, 3.J 



Preamble. 



Trade with 
Eastern Indians 
prohibited. 



Penalty for the 
first offence. 



Second offence 
deemed felony. 



CHAPTER 2. 

AN ACT TO PROHIBIT TRADE AND COMMERCE WITH THE EASTERN 

INDIANS. 

Whekeas the Eastern Indians have for some time past committed 
several wrongs and injuries to his majesty's liege people inhabiting the 
county of York, and places adjacent, within this province, and have 
very lately, in a ver}^ insulting, hostile and rebellious manner, appeared 
on Arowsick Island, in arms, under French colours, — 

Be it therefore enacted by His Excellency the Governour, Council and 
Representatives in General Court assembled, and by the authority of the 
same, 

[Sect. 1 .] That whoever shall, after the first day of October next, 
directly or indirectly, have any trade or commerce, by way of gift, bar- 
ter or exchange, or any other way whatsoever, with any of the afore- 
said Eastern Indians, or shall supply them with any provisions, cloath- 
ing, guns, powder, shot, bullets, or any other goods, wares or merchan- 
dize whatsoever, shall forfeit and pay the sum of five hundred pounds, 
and suffer twelve months' imprisonment, without bail or mainprize, upon 
the first conviction ; the said forfeiture to be recovered by bill, plaint or 
information, in any of his majesty's courts of record : the one half of 
said forfeiture to be applyed to and for the use and support of this his 
majesty's government, the other half to him or them that shall inform 
and sue for the same. 

Be it further enacted by the authority aforesaid, 

[Sect. 2.] That if any person, convict of trading with any of the 
aforesaid Indians, shall be so hardy as to carry on any trade or com- 
merce with those Indians, in manner as aforesaid, shall, upon the second 
conviction, be deemed a felon and suifer the pains of death. [_Passed 
September 9. 



CHAPTER 3. 

AN ACT TO OBLIGE ALL SHIPS AND OTHER VESSELS COMING FROM 
FRANCE, AND OTHER PARTS OF THE WORLD INFECTED WITH THE 
PLAGUE, TO PERFORM QUARENTINE. 



Preamble. 

See 1717-18, 
chap, 14, 



Vessels from 
France and 
other places in- 
fected with the 
plague to per- 
form quaran- 
tine. The place 
to be assigned 
by the governor 
and council. 
Non-perform- 
ance in the mas- 
ter, after notifi- 
cation, account- 
ed felony. 



Whereas the plague and other pestilential and mortal distempers 
are oftentimes transported from one country to another, even over seas, 
in ships and goods, and the kingdom of France, and other parts of the 
Mediterranean, are at this day sorely visited with the plague, and from 
thence vessels frequently arrive in this province, especially during the 
summer season, which it is to be feared may bring the pestilence into 
this country unless great care be taken to prevent the same, — 

Be it enacted by His Excellency the Governour, Council and Represen- 
tatives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That every ship or vessel coming from any of the ports 
of France, or the Mediterranean, shall, before they unlade any goods or 
part of their cargo, be obliged to perform quarentine at least forty days 
immediately after their arrival, at such place as shall be assigned by the 
governour and council for that purpose ; and every master or command- 
er of such ship or vessel, being notified of this act by some justice of 
the peace or publick officer, that shall presume to unlade any part of 
his goods or cargo, before he have perform'd such quarentine, or refuse 
to perform quarentine at such place as he is ordered by the governour 
and cc ' .hall be deemed a felon, and suffer the pains of death. 



[1st Sess.] Province Laws.— 1721-22. 229 

And be it further enacted by the authority aforesaid., 

[vSect. 2.] That if any master, passenger, sailor or other person on Penalty to the 
board any such ship or vessel, shall presume to come on shore until the geameif.Tcr"*^ 
said ship or vessel have perform'd her quarentine, or without express 
licence obtained from the governour and council, he shall suffer three 
3^ears' imprisonment without bail or mainprize. 

[Sect. 3.] And the master or keeper of the province light-house is Master of the 
hereby impower'd and commanded to notify the commanders or masters „otify 'masters 
of all such ships or vessels arriving at or near Nantasket, that may be of ships of this 
supposed to come from places infected with the plague, and give strict 
charge and notice of this act and the pains and penalties thereof. 

And be it further enacted^ 

[Sect. 4.] That all ships or vessels arriving from Newfoundland, vessels from 
Cape Breton, Can so, or those parts that have been at any time within perform qua?- 
the space of six months next preceding, in any port of France, or other antineoncon 
places infected with the plague, or that have, during their being at "°°" 
Newfoundland, Cape Breton or Canso, taken on board any goods or 
lading coming fi'om France or other places infected with the plague, 
shall also be obliged to perform quarentine, as aforesaid, and the master 
or commander thereof* under the same penalties, as aforesaid, as to 
unlading any part of their cargo, or refusing to perform quarentine, as 
aforesaid. 

And, for the better preventing the unlading or delivery of any goods 
out of any ship or vessel coming from any of the places aforesaid, 
before the master of such ship or vessel can or may be notified of this 
act, as before directed, — ; 

Be it further enacted by the authority aforesaid, 

[Sect. 5.] That in case it appear by due course of law, that any Penalty for 
goods, wares or merchandize whatever be unladed or delivered out of before m)Ufi°a. 
such ship or vessel before she have perform'd her quarentine, as afore- ^i'^"- 
said, the master or commander of such ship or vessel shall forfeit and 
pay the sum of five hundred pounds, the one half thereof to the' use of 
him or them that shall inform and sue for the same, and the other half to 
be towards the support of his majesty's government of this province ; 
and further suffer three j'ears' imprisonment without bail or mainprize. 

And be it further enacted by the authority aforesaid, 

[Sect. 6.] That any person or persons that shall any waj^s be aiding Penalty to the 
or assisting to unlade any goods or merchandize out of any ship or ves- *^"^*'''°'^*- 
sel coming from any of the aforesaid ports, or any other infected places, 
as aforesaid, shall pay a fine of one hundred pounds, one half to him or 
them that shall inform or sue for the same in any court of record, and 
the other half to be to and for the use and support of his majesty's 
government of this province ; and shall further suffer twelve months' 
imprisonment without bail or mainprize ; any law, usage or custom to 
the contrary in any wise notwithstanding. 

[Sect. 7.] This act to continue in force for the space of three years 
from the publication thereof, and no longer. \_Passed September 2. 



CHAPTER 4. 

AN ACT TO RETRENCH THE EXTRAORDINARY EXPENCE AT FUNERALS. 

Whereas the charge or expence of funerals of late years (when the Preamble, 
circumstances of the province so loudly calls for all sorts of frugality) 

* Sic. 



230 



Province Laws.— 1721-22. [Chap. 5.] 



Giving scarfs at 
funerals pro- 
hibited. 

Penalty. 



is become verj- extravagant, especially in the giving of scarves, to the 
great detriment of the province, and the impoverishment of many 
families, — 

Be it enacted by His Excellency the Governour, Council, and Represen- 
tatives in General Court assenihled, and by the authority of the same, 

[Sect. 1.] That from and after the publication of this act, no 
scarves whatsoever be allowed and given at any funeral, on pain and 
penalt}^ of twenty pounds, to be forl'eited by the executor or adminis- 
trator to the will or estate of the person interred (to be paid by him 
out of his own estate), or other person that regulates and is at the ex- 
pence of the funeral ; to be recovered by bill, plaint or information ; the 
one half to him or them that shall inform or sue for the same in any 
court of record, the other half to and for the use of the church or con- 
gregation where the person interred was a member or auditor. 

[Sect. 2.] This act to continue in force for the term of tlu'ee j^ears, 
and no longer. [Passed Septeinber 9. 



CHAPTER 5. 

AN ACT FOR LAYING SUNDRY DUTIES ON SUCH GOODS AS SHALL BE IM- 
PORTED INTO THIS PROVINCE FROM THE PROVINCE OF NEW HAMP- 
SHIRE, AND ON SUCH AS SHALL BE EXPORTED FROM THIS PROVINCE 
THITHER. 



Duties on goods 

imported. 



Preamble. WiiEREAS the government of New Hampshire do exact and take two 

shillings a thousand for every thousand of boards brought down the 
river commonly called Piscataqua Kiver, and transported into this 
province (though the trees out of which the boards are made, grow 
upon lands within this province, and are cut at mills in the county of 
York) altho' the inhabitants of tliis government have equal right wiLh 
the inhabitants of the province of New Hampshire, to pass up and down 
the aforesaid river, by grant and purchase ; which exaction therefore is 
altogether unjust and oppressive, — 

Be it therefore enacted by His Excellency the Governour, Council and 
RepresentaiioQS in General Court assembled, and by the authority of the 
same, 

[Sect. 1.] That from and after the twentieth day of October next, 
there shall be paid to the impost officer, for the use of this government, 
for every hogshead of rhum that shall be imported from the province of 
New Hampshire into an}^ parts of this government, the sum of five 
pounds, and so proportionably for greater and lesser quantities ; for 
ever}- pipe of wine, the sum of five pounds, and so in proportion for 
greater and lesser quantities ; for all other sorts of goods, wares or 
merchandize Avhatsoever, ten per cent ad vcdorem. 
Penalty on the [Sect. 2.] And if any master or commander of any ship or vessel 
he^unioad with- shall uuload any rhum, liquors, goods, wares or merchandize whatsoever, 
out reporting, inipoited fiom the province of New Hampshire/ into any ports or har- 
bours within this province, before he hath made report to the imi)Ost oflficer 
of all such rhum, wine, goods, wares or merchandize whatsoever, and the 
value thereof upon oath, and paid the duties by this act enjoyncd, he 
shall forfeit and pa}' the sum of one hundred pounds, to be recovered by 
bill, plaint or information, in any of his majesty's courts of record ; the 
one half of the said forfeiture to be applied for and towards the support 
of this his majesty's government, the other half to be to and for the use 
of him or them that shall inform and sue for the same. 



[1st Sess.] Province Laws. — 1721-22. 231 

[Sect, 3.] And all such wines, liquors, goods, wares and morchan- Goods to he 
dize as shall be landed before the duties paid, shall be liable to be °°"*^*'="ted. 
seized and confiscated, upon proof made in any of his majesty's courts 
of record, to be disposed of as liy this act is already' provided. 

Be it farther enacted by the author itf/ aforesajd, 

[Sect. 4.] That there shall be paid for ever}' barrel of beef and Duties on goods 
pork that shall be exported from this province into the province of '^-'^i^°''^^''^- 
New Ilamjishire, the sum of ten shillings, and so in proportion for 
greater and lesser quantities ; for ever}' hundred weight of bread, the 
sum of five shillings ; for ever}- bushel of wheat one shilling ; for every 
bushel of Indian corn or meal sixpence ; and for all other sorts of goods, 
wares and merchandize, ten per cent ad valorem. 

fSECT. 5.1 And that any master of any ship or vessel that shall Penalty on the 
take on board any rhum, liquor, or other goods, wares and mcrchan- goods onboard 
dize, in order to be transported to the province of New Hampshire, madr'^^""^'^ 
before he hath reported to the impost officers the quantity and value 
of all such wines, liquors, goods, wares and merchandize, and paid the 
duties therefor, shall forfeit and pa}- the sum .of one hundred pounds, 
to be recovered and disposed of as by this act is already provided. 

[Sect. G.] And all such rhum, liquors, goods, wares and merchan- Goods to be for- 
dize, that shall be put on board an}' ship or vessel, in order to be trans- ^'^"'^'^• 
ported into the province of New* Hampshire, that have not paid the 
aforesaid duties, shall be forfeited and disposed as aforesaid, upon 
proof made in any of his majesty's courts of record. 

Be it further enacted, 

[Sect. 7,] That the oath to be given by the importer or owner of Oath to.be given 
all rhum, liquors, goods wares or merchandize as is herein made men- or owner.^°'^'^'^ 
tion of, shall be in the words following : — 

You, A. B., do swear that the entry of the goods and merchandize by you Oath, 
made, contains the true value, and agreeable to the invoice herewith exhibi- 
ted, and that, according to your Isest skill and judgment, is not less than the 
real cost thereof. So help you God. 

— any law, usage or custom to the contrary notwithstanding. \_Passed 

/September 8. 



232 



Province Laws. — 1721-22. 



[Chap. 6.] 



ACT 

Passed at the Session begun and held at Cam- 
bridge,* ON THE Third day of November, 
A.D. 1721. 



CHAPTER 6. 

AN ACT IN ADDITION TO AN ACT ENTITULED "AN ACT AGAINST HAWK- 
ERS, PEDLARS AND PETTY CHAPMEN," MADE AND PASSED IN THE 
TWELFTH YEAR OF THE REIGN OF HER LATE MAJESTY QUEEN ANNE, 
WHICH ACT BEING TEMPORARY, WAS FARTHER CONTINUED BY AN 
ACT MADE IN THE SECOND YEAR OF THE REIGN OF HIS PRESENT 
MAJESTY KING GEORGE, TILL THE THIRTIETH DAY OF JUNE, ANNO 
DOMINI 1726. 



Preamble. 
1713-14, chap. 7, 



1716-17, chap. 
10. 



No hawker, 
pedler or petty- 
chapman to be 
allowed. 



Goods to he 
forfeited. 



Justice of the 
peace to sum- 
mon hawkers, 



Whereas, besides the many inconveniencies enumerated in the act 
intituled "An Act against hawkers, pedlars and petty chapmen," 
made and passed in the twelfth year of the reign of her late majesty 
Queen Anne, and farther continued till the thirtieth day or June, anno 
Domini 1726, the practice in the said act prohibited hath at this time 
(as is supposed) proved of fatal consequence by spreading the small- 
pox into several towns already, and if not timely prevented, may spread 
that infectious distemper throughout the whole province, to the hazard 
of the lives of the inhabitants thereof ; and whereas the penalty laid in 
the said act for suppressing such evil practices hath hitherto proved 
ineflfectual ; for preventing and remedying the mischiefs therein ex- 
press'd, — 

Be it enacted by His Excellency the Governour, Council and Repre- 
sentatives in General Court assembled^ and by the aiithority of the same, 

[Sect. 1 .] That from and after the publication of this act, no hawker, 
pedlar or petty chapman, or other trading person or persons going from 
town to town, or other men's houses, and travelling either on foot or 
with horse, horses or otherwise, canyiug to sell or exposing to sale, 
either in au}^ market or in any house in any town or village whereof 
such person or persons is not an inhabitant, any wares, goods or mer- 
chandize shall be permitted or suffered within this province, on pain of 
forfeiting all such goods, wares or merchandize by him or them exposed 
to sale, or so conveyed or transported, as aforesaid ; one-third thereof 
to his majesty to and for the use and support of the governnjent of this 
his majesty's province, one-third thereof for the use o'f the poor of such 
town where the offence is committed, the other third to him or them that 
shall inform against and prosecute such offender or oflfenders for the 
same ; to be recovered by bill, plaint or information in any of his maj- 
esty's courts of record within this province ; and this to be besides the 
penalty of twenty pounds laid in the aforesaid act. 

And be it further enacted by the authority aforesaid, 

[Sect. 2.] That it shall be in the power of any of his majesty's 
justices of the peace, upon view, complaint or information to him made, 



* At Harvard Collefje, because of the small-pox in Boston; and the same day prorogued 
to the seventh day of November. 



[2d Sess.] Province Laws.— 1721-2^. 233 

of any such breach or offence, to summons before him and bind over &c., before him 

such offender or offenders to the next court of general sessions of the ^°J^^j.|^"i«i ^'^'^"^ 

peace, in the county where such offence shall be committed ; and for 

want of sufficient security, to commit such offender or offenders to the 

common goal of such countj^, to answer to the complaint that shall then 

and there be exhibited against him or them, and also to secure all such 

goods, wares and merchandize until the tryal. 

[Sect. 3.] And all taverners, alehouse keepers, common victuallers Tavemers, &c., 
and retailers are hereby strictly forbidden to receive or give any enter- tenainment to 
tainment to any hawker, pedlar or petty chapman, or other trading them, 
person, as aforesaid, on the penalty of twenty shillings for each offence. Penalty. 
to be disposed of in manner as aforesaid. 

[Sect. 4.] And all justices, sheriffs, undersheriffs, grand jurors, con- officers to see 
stables, tythingmen and all other officers, are hereby strictly enjoj'ned exMuUon!^' '"* 
and required to exert their utmost vigour and power, to see that this 
law be duly put in execution. 

Provided, 

[Sect. 5.] That this act shall continue and be in force till the Timeofthia 
thirtieth day of June, anno Domini one thousand seven hundred and anc'e.*^"'^^'""' 
twenty-six, and no longer ; any law, usage or custom to the contrary 
notwithstanding. {^Passed November 17. 
30 



234 Peovince Laws.— 1721-22. [Chap. 7.] 



ACT 

Passed at the Session begun and held at Cam- 
bridge,* ON the second day of March, 
A.D. 1721-22. 



CHAPTER 7. 

AN ACT TO ENABLE THE TOWN OF OXFORD TO LAY A TAX . ON THE 
RESIDENT AND NON-RESIDENT PROPRIETORS TOWARDS BUILDING 
THEIR MEETING-HOUSE. [Passed March 22, 1721-22. 

Note. — The above title is all that has been found of this act either 
in the Secretary's office or in the Public Record Office. 

Notes. — A new General Court having assembled August 23, at tlie George Tavern on 
Boston Neck, to avoid the small-pox, which prevailed in the town, the Representatives 
resolved that, as the place was "not accomodablc," the General Court " be removed to 
Cambridge to such time as his Excellency thinks tit." This resolve was concurred in )>y 
the Council but not consented to by the Governor, who deemed it an infringement of the 
Royal i)rerogative as fixed by the charter. A controversy was thus opened between the 
Governor and the Representatives, which was still unsettled when the Court was pro- 
rogued, on the ninth of September, to the first of November following. October 31, the 
Court was prorogued by proclamation to Novemljcr 3, at Harvard College, in Cambridge, 
where it sat one day, and was again prorogued to the seventh of the same month. This 
second session continued until Novemlier 17. After sevei-al prorogations the Court began 
its third session upon the second day of March, 1721-22, when the Governor desired "the 
House to proceed to business in the afternoon, if the.y were "of opinion that the Court 
might sit in this town with safet_v." The House, in answer to this message, having voted 
that it was more safe and expedient to remove the Court "to Mr. Thompson's tavern at 
the upper end of Cambridge," the Council, accordingly, by direction of the Governor, 
■ adjournecJ the Court " to meet at the Swan Tavern "on the Tuesday following ; — March 
6, 1721-22. 

Acts M'cre passed at each of these sessions ; but the engrossments of the acts passed at 
the first session only, are preserved. Chapter 7 docs not appear to have Iieen printed, and 
neither the engrossment nor the original bill has yet been discovered, nor has a cojjy been 
found in the British Archives. AUthe other public acts were printed. 

The following titles of private Acts passed at the thu'd session were taken from the 
Council Records : — 

"An Act to enable Daniel Oliver cSc William Welsted Esq" Execirtors of the last Will 
& Testament of Grove Hirst late of Boston Esqi- Dec'i & Guardian to his Children, to sell 
some Part of the said Deceaseds Estate"— [Passed March 22, 1721-2. 

" An Act to Enable Margaret Wri^rhtington of Newport on llhoad Island Widow to 
alienate several Lots of Land in the township of Little Compton in the County of Bris- 
tol."— [Passerf March 24, 1721-2. 

"An Act to Enable Hugh Hall jun'' to Redeem the Estate of his .late Grand father Ben- 
jamin Gibbs Deed in Boston seituatc in Hanover street."— [Passed March 24, 1721-2. 

Chapters 2, 3, 5 and 6 were included in the list of Acts sent by the Lords of Trade to 
Mr. West, October 15, 1724, and chapters 2, 3 and G M'cre returned by him without olyec- 
tion. His comments upon chapter 5, however, which arc given in the note to that chapter 
post, are curious as being the first instance in which the exercise of sovereignty by this 
province in its intercolonial relations, arrested the attention of the Board of Trade, and 
was called in question by them. These acts were again called up In 1735 as not havuig 
been laid before the Crown for confirmation. 

Chaj). 1, ^U. " Aug. 14, 1722. In the House of Represent"^ Whereas oft Times whea 
the Captain Generals Orders for the Detaching of Men in the Countrevs Service reach the 
Colloncls or Chief Officers of the Reiciments, Several of the Captains & other Officers to 
whom the several Collonels are obliiied to send Warrants to impress the Quota of Men living 
at so great a Distance from the Collonels that the Orders cannot be seasonably Dispatch'd 
without great Charge to the Province, And in as much as the Troopers of the several Regi- 

* At Harvard College, and the same day adjourned to March 6, at the Swan Tavern, Cambridge, 
Dccausc of the small-pox, near the College. 



[Notes.] Peovixce Laws.— 1721-22. ^ 235 

ments are freed from Impresses & other Military Dutvs that the Foot Companj'S are 
obliged to ; — Wherefore Resolved that when the Captain General or Commander in Chief 
liis Orders come to the Collonels or Chief Officers of the s^cvcral Regiments within this 
Province ; such Collonels &c shall have Power to Order and Dispatch liis Warrants to his 
several Otficcrs by one or more of the Troopers in his Regiment; And if any Trooper shall 
neglect & refnse such service when Conimandcd, lie shall forfeit & pay the Sum of 
Twenty Shillings for every such Neglect, & be reduced to the Foot Service ; Such Penalty 
to be recovered by Complaint or Information of the Clerk of such CoUonel or Chief Offi- 
cer before any of his Majesties Justices of the Peace in the County where such Neglect is. 
The one Half to the Informer, The other Half to the Use of the Company to be employed 
in Paying Dispatches in the afore said Service. 

In Council ; Read & Concur'd : Consented to, Sam^-i- Shute," 

— Council Records, vol. XII., pp. 369, 370. 

Chap. 3. See the conclusion of Governor Shute's speech dissolving the last Assembly, 
in Notes to 1721, ante. 

Chap. 5. " To the Right Honorable the Lords Comiurs of Trade and Plantations 

My Lords, In obedience to your Lordshipps commands I have perused and considcr'd 
an Act pass'd in the Province of the Massachussetts Bay in New England in 1721 Entituled, 

All Act for layinci sundry duties on such (joods as shall be imported info this Province from 
the Province af Neta Hampshire and on sueh as shall be exported from this Province thither 

The reason given for this Act is that the Province of New Hampshire exacts a duty of 
two shillings per thousand on boards cutt in New England and brought Aovra the Pis- 
cataqua river. To remedy which a duty is now laid on New Hampshire Comodities 
This method of jirocecding looks as if each Province in America considcr'd itselfo as alien 
to each other and cou'd therefore act as Indepcndant Kingdoms in point of trade. I ap- 
prehend this not to bee a proper remedy for any complaint they may have against New 
Hampshire. And if any Province injui-es another I>y an undue tax on their trade the 
remedy I think ought to bee by application to the Crown to prevent any such Acts being 
pass'd into Law, and not by way of Reprisalls enacted among themselves. 

Which I sulunitt to your Lordshipps consideration. 

All of which is humbly submitted to Your Lordshipps by, My Loi'ds, Your Lordshipps 
most olicdicnt & most humble Servant Ricii. West. 

1.5'> May 1725." 

"X E., Board of Trade"; in Pub. Pee. Office, vol. 23, B. b, 133. 

The resolve, at the second session, for the supply of the treasury, having come up from 
the Representatives with a clause inserted limiting the appropriation to specific purposes, 
"and for no other ends and uses whatsoever," theCouncil refused to concur uuless these 
last words were first stricken out ; but the House, by a large majority, refused to amend, 
alleging, in their answer to the message of the Council, that, if they did so, " our principals 
that sent us here would tell us that though the sessions came to a speedy conclusion yet 
not to a happy and safe one," whereupon the Council rejoined that they supposed the 
Representatives had " no instructions from their respective to\n]s referring to this matter," 
and that it seemed " strange to inshniate their opinion l)efore it be known ;" adding that 
" the Board may as well think that the freeholders of the province are of the opinion that 
the members of his Majesty's Council may very well and safely be trusted with giving 
their advice and consent to the governor, for drawing money out of the treasury for the 
public service, in the same manner as has been practised for so many years together ; and 
the rather because the Council are chosen, annually, by the General Court or Assembly of 
the province;" and concluding that, if any ill consequence should ensue by reason of the 
action of the House, "the Council must and do clear themselves of the blame of it." 

At the third session the following resolves were passed : — 

" March 7. 1721. In the House of Represent"'' Resolved that the Treasurer be & hereby 
is Directed to Issue forth the Sum of Twelve Thousand Pounds in Bills of Pnblick Credit 
(Eight Thousand Pounds whereof was dcliver'd to him by the Committee that made the 
said Bills Pursuant to a Resolve of the General Court at their Session in August last. 
Together Mith Four Thousand Pounds the Resolve thereof, which is & will come into his 
Hands by Taxes, the Duties of Impost, Excise & Interest of the Loan Money) For Pay- 
ment of the Publick Debts of this Province already contracted, & for Payment of Grants, 
Salaries & Allowances made & to be made by this Court, & for Payment of all unforeseen 
Charges necessarily arising in the Recess of this Court for Defence & Support of this Gov- 
ernment & Protection & Preservation of the Inhabitants , of this Province Whether 
occasion'd by Pirates or any other Invasion by Sea or Land, Or by any other Ways or 
Means that demand prompt Payment, & for Payment of Expresses dispatched in the Ser- 
vice of this Government, And for Suppljing & Su])porting the Charge of the Castle, Forts 
and Garrisons & Wages arising for their Service (Provided the Muster Rolls or any Ac- 
compts of Charge or Expence on the Castle Forts & Garrisons shall not be paid until such 
Muster Roll or Accorapt of Charge or Expence hath bin first Examined & Allowed of by 
this Court) And for no other Ends & Uses whatsoever. According to such Draughts as 
from Time to Time shall be made upon him by the Governour or Commander in Chief for 
the Time being, by & Mith the Advice & Consent of his Majesties Council, And the said 
Bills shall pass out of the Treasury at the Value therein express'd Equivalent to Money, 
and shall be so taken and Accepted in all puljlick Payments : 

And that the Dutys of Impost & Excise shall be a Fund & Security for the Repayment 
& Drawing in of the said Bills into the Treasury again so far as that will reach ; — And as 
a further Fund & Security for the same. It is farther Resolved that there be & hereliy is 
Granted unto his Most Excellent Majesty for the Ends & Uses aforesaid & no other Ends 
& Uses whatsoever a Tax of Six Thousand Pounds to be levied upon Polls and Estates 
both Real and Personal within this Province according to such Rules & in such Proportion 



236 Province Laws.— 1721-22. [Notes.] 

npon the several Towns & Districts within y same as shall be Agreed on & Ordered by 
the Great & General Court or Assembly of this Province at their Session in May 1732, 
And paid into the Treasury on or before the last Day of December next after : — And that 
the further Sum of Six Thousand Poimds be levied upon Polls & Estates both Real & 
Personal within this Province according to such Rules & in such Proportion upon the 
several Towns & Districts within the same as shall be Agreed on & Ordered by the Great 
& General Court or Assembly of this Province at their Session in May 1733 & paid into the 
Treasury on or before the last Day of December next after ; — And whereas through the 
Scarcity of Bills of Credit it grows difficult for Persons to convert the Produce of their 
Lands &c. into Bills & pay tlieir Rates in them ; 

It is further Ordered that the Inhabitants of this Province shall have Liberty (If they see 
Cause) to pay the several Sums on them respectively asscss'd in the Species hereafter 
mention'd at such moderate Rates and Prices as the Great & General Court or Assembly 
shall sett them; Viz., In good Ban-el Beef & Pork, Wheat, Barley, Jlyc, Indian Com, 
Oats, Pease, Flax, Hemp, Bees Wax, Butter in Firkins, Cheese, Hides, Tan'd Leather, ■ 
Oyl, Dry Fish, Mackeril in Barrels, Whale Bone, Bay berry Wax, Tallow, Pitch Tar & 
Turpentine, W^'^ several Species shall be received by the Treasurer of the several Consta- 
bles & Collectors & by him disposed of to the best Advantage for y calling in of the said 
Bills into the Treasury And if any Loss by the Sale of the aforesaid Species or any other 
unforeseen Accident shall arise Such Deficiency shall be made good by a Tax of the year 
next following, So as fully & effectually to call in the whole Sum of Bills emitted as 
aforesaid. 

In Council ; Read & Concur'd with the following Amendm*. Viz., That the Words (and 
for no other Ends & Uses whatsoever) first inserted in y^ Vote, be left out." — Council 
Records, vol. XL, p. 264. 

" March 8. 1721. The Amendments made by the Board on the Resolve for the Supply 
of the Treasury, As Enter'd Yesterday was Read in the House of Representatives & Non 
Concur'd, And the House insisted on their Vote." — Ibid., p. 266. 

" March 9. 1721. The Resolve for Supply of the Treasury came up from the Repre- 
sent^'^s ;vith their Non-Concun-ence to the Amendment Voted at the Board. In Council ; 
Read & Voted unanimously That this Board do adhere to their Amendm' — Ibid., p. 269. 

(a. J " March 22. 1721. In the House of Representees Resolved that the Treasurer be 
and hereby is Directed to Issue forth & Emit the Sum of Twelve Thousand Pounds in 
Bills of Credit on this Province, Eight Thousand Pounds Part thereof was deliver'd to him 
by the Committee that made the said Bills Pursuant to a Resolve of the General Court at 
their Session in August last past. Together with Four Thousand Pounds Residue thei'eof 
W'^ii is or will be brought into the Treasury by Taxes, Duties of Impost, Excise, & the 
Interest of the Loans For the necessary Defence & Support of the Government, & for the 
Protection & Preservation of the Inhabitants thereof. To be Used & Disposed of as is 
hereby directed in Manner following, Viz., 

That the Sum of Eight Thousand Pounds Part of the afores'' Twelve Thousand Pounds 
be & hereby is Appropriated to & for the Supplying, Supporting & Paying the Chai-ge of 
Castle William & the other Forts & Garrisons withm this Province, As also the Soldiers 
with the Oflicers Wages arising for their Service (Provided the Muster Rolls or any Ac- 
compt of Charge or Expenceon the Castle Forts or Garrisons shall not be paid, Until such 
Muster Roll or Accompt of Charge or Expence hath been first examined & allowed of by 
this Court) According to such Draughts as shall from Time be made upon him by War- 
rant under the Hand of the Govern'' with the Advice & Consent of the Council, And that 
the aforesaid Eight Thousand Pounds be drawn out of the Treasury for the Ends & Uses 
above appropriated only. 

That the Sum of Three Thousand & seven Hundred Pounds Part of the afore said 
Twelve Thousand Pounds be & hereby is appropriated to & for the Payment of the pub- 
lick Debts of the Province already contracted, & for Payment of all Grants, Salarys, 
Stipends, Allowances, Bounties & Premiums made & to be made by this Court (Several 
of the aforesaid Grants, Stipends, Salaries & Allowances being ah-eady paid out of the 
Grant of Five Thousand Pounds the last May Session) The Draughts to be made upon the 
Treasurer for any Part of the aforesaid Sum of Three Thousand & seven Hundred Pounds 
to be by Warr' as above mentioned, And that the aforesaid sum of Three Thousand & 
seven Hundred Pounds be drawn out of the Treasury for y« Ends & Uses above appro- 
priated only. 

And that the Sum of Three Hundred Pounds being the Residue & Remaining Part of 
the said Sum of Twelve Thousand Pounds be & hereby is appropriated for the Payment 
of Expresses Dispatch'd in the Service of this Government, together with all other un- 
foreseen necessary Charges AVhetlier by Invasion or otherwise arising in the Recess of this 
Court that demands prompt Payment. 

Provided alwaies that the several Draughts made upon the Treasurer as aforesaid do 
express & declare out of which appropriated Sum the Money is to be paid ; And the said 
Bills shall pass out of the Treasury at the Value therein express'd Equivalent to Money 
& shall be so taken & Accepted in all publick Payments : 

And that the Duties of Impost & Excise shall be a Fund & Security for y« Repayment 
& Drawing in the said Bills into y« Treasury again so far as that will reach And as a 
further Fund & Security for the same. 

It is further resolved that there be & hereby is Granted unto his most Excellent Majesty 
for the Ends & Uses aforesaid & for no other Ends & Uses whatsoever, a Tax of Six 
Thousand Pounds, to be levied upon Polls & Estates both Real & Personal within this 
Province, According to such Rules & in such Proportion upon the several Towns & Dis- 
tricts within the same as shall bo Agreed on & Ordered by the Great & General Assembly 
of this Province at their Session in May One Thousand seven Hundred and thirty two, & 
paid into the Treasury on or before the last Day of December next after. And that the 
further Sum of Six Thousand Pounds being the Remainder of the aforesaid Twelve Thou 
sand Pounds be levied upon Polls & Estates both Real & Personal within this Province, 



[Notes.] Peovince Laws.— 1721-22. 237 

According to such Rules & in such Proportion upon the several Towns & Districts within 
the same As shall be Agreed & Order'd by the Great & General Assembly of this Province 
at their Session in May One Thousand seven Hundred & thirty three, & paid into the 
Treasury on or before the last Day of December next after. 

And whereas through the Scarcity of Bills, It grows difficult for Persons to convert the 
Produce of their Lands into Bills & pay their Rates in them ; 

It is further Ordered that the Inhabitants of this Province shall have Liberty (If they 
see fit) to pay the several Sums that shall on them respectively Assess'd in the several 
Species hereafter mentioned at such moderate Rates & Prices as the Great & General As- 
sembly shall sett them ; Viz., In good Barrel Beef & Pork, Wheat, Barley, Rye, Indian 
Cora, Pease, Oats, Flax, Hemp, Bees Wax, Butter in Firkins, Cheese, Hides, Tan'd 
Leather, Dry Fish, Mackeril in Barrels, Oyl, Whale Bone, Bay berry Wax, Tallow, Pitch 
Tar & Turpentine ; W*^^ Species shall be received by the Treasurer of the several Consta- 
bles or Collectors And by him Disposed of to the best Advantage for the Calling in of the 
said Bills into the Treasury again And if any Loss shall happen by the Sale of the aforesd 
Species, or by any other unforeseen Accident shall arise Then such Deficiency shall be 
made good by a Tax of the year next following so as fully & effectually to call in the 
whole Sum of Bills emitted. 

In Council ; Read & Concur'd— Consented to, Sam"- Shute." 

—Ibid., p. 27Q. 



ACTS, 

Passed i 7 22—23. 



[239] 



ACTS 

Passed at the Session begun and held at Boston 
ON the Thirtieth day of May, A.D. 1722. 



CHAPTEK 1. 

AN ACT FOR ENCOURAGING THE LINNEN MANUFACTURE, AND THE 
MAKING OF CANVAS OR DUCK PROPER FOR SHIPS' SAILS, 8cc. 

Whereas the raising of flax and licnip for the making of linnen Preamble, 
cloth and canvas for ships' sails, &c., ^-ould be of great service to the 
trade and bnsiness of this province by land and sea, — 

Be it enacted by his Excellency the Governour^ Council and Bejyresen- 
tatives in Genercd Court assembled^ and by the authority of the same, 

[Sect. 1.] That his n)ajestQ/][ie]'s justices of the peace at their Premium for 
respective general sessions in the several counties within this province, madliifthe 
be and hereby are impowered, by themselves or such others as they shall province, &c 
appoint, once every year, at such time and place as shall be by them 
assigned for that pur})ose, to view and examine all such pieces of linnen 
cloth, made of flax of the growth and manufacture of this province, as 
shall be twenty yards in length, and one yard in wedth, that shall be 
brought before them, and chuse out of the same three of the finest and 
best wrought pieces of linnen as aforesaid, and cause the same to be 
valued by a just and equal apprizement, and forthwith to pay double 
the value of the said pieces of linnen to the owners thereof: provided 
such owner or owners first make oath that the flax grew, and the linnen 
was manufactured, within this province. And in case the owner or 
owners chuse to have their linnen back again, the s[ai]d justices are 
authorized and directed to restore and deliver the same accordingly, 
the owner or owners repaying to the said justices the single value of 
the said linnen : provided the said pieces of linnen so restored be first 
cutt into two pieces, and in the middle. And in case the owner or 
owners decline to take their piece or pieces of linnen again, the said 
justices, or the treasurer of the county, are impowered to dispose and 
make sale of the same, cutt as aforesaid. 

And be it further enacted, 

[Sect. 2.] That the treasurer of the province, upon a proper certifi- 
cate for that purpose, signed by order of the justices or the treasurer 
of the respective counties, pay out of the publick treasury the premium 
or single value of all such pieces of linnen as shall be so chosen and 
taken as aforesaid, to the justices or the treasurer of the respective 
counties or their order, as aforesaid. 

And be it further enacted, 

[Sect. 3.] That the treasurer of the province be and hereby is im- Premium for 
powered to view and examine all such pieces or bo[?(]lts of canvas or made huhe'^*' 
(luck, proper for ships' sails, being thirty inches wide and thirty-six province. 
yards long, of an even thread [and] well drove, and weighing not less 
llian fort3'-three pounds per piece or bo[?6]lt, as shall be brouglit before' 
him, once every year, and at such time and place as he shall assign, and 

31 [241] 



242 



Province Laws.— 1722-23. [Chaps. 2, 3.] 



Limitation. 



out of the same cliuse the three best pieces or bo[?f]lts of canvas ; and 
to pay to the owner or owners thereof fortj^ shillings in bills of credit 
on this province : provided such owner or owners make oath that the 
hemp was of the growth of, and the [said] duck manufactured within, 
this province. And the said treasurer is also impowered and directed 
to cut each of the said three pieces of duck so chosen by him into two 
pieces in the middle, and then deliver them to the [^respective] [sev"] 
owners thereof. 

Provided, 

[Sect. 4.] This act continue and be in force for the space of fiVe 
years from the publication thereof, and no longer, \_Passed June 2 7 ; 
published June 28. 



CHAPTER 2. 

AN ACT TO ENABLE THE OVERSEERS OF THE POOR AND SELECTMEN 
TO TAKE CARE OF IDLE AND DISORDERLY PERSONS. 



Preamble. 
1692.3, chap. 28, 
§T. 
1399-1700, chap. 



Idle persons 
having an es- 
tate, to be under 
the same regu- 
lation with the 
poor. 



Persons ag- 
grieved may 
appeal. 



Whereas some idle, dissolute, and vagrant persons, having some 
estate, and accordingly rateable, take no care of their families, nor im- 
prove their estates to the best advantage, which persons are not under 
the care or inspection of the overseers of the poor or selectmen of the 
towns where such idle persons dwell, — 

Be. it therefore enacted by His Excellency th e Governour, Council and Rep- 
resentatives in Genercd Court assembled^ and by the authority of the same, 

[Sect. 1.] That where any idle, dissolute [o?-] [and] vagrant per- 
sons, having a rateable estate, [that] do neglect the [due] improvement 
or due care of themselves, their families or estates, that in all such 
cases the overseers of the poor, or the selectmen of the town, shall be, 
and are hereb}' impowered to take the like care and inspection of such 
person or persons that neglect the due care and improvement of their 
estate, and that mispend their time and mone}', and [that] live idle, 
vagrant and dissolute lives, as if they were poor indigent and impotent 
persons, and accordingly put out into orderly families their children, if 
an}^ they have, and improve their estates to the best advantage, and 
apph' the produce and income thereof towards the support of them and 
their families ; aii}^ law, usage or custom to the contrary notwithstand- 
ing : provided, that any of the said idle persons thinking themselves 
aggrieved, may make their application to and have remedy from the 
justices in general sessions of the peace in the same count}^, if the}' see 
cause, who are hereby impowered to relieve such aggrieved persons from 
the determination of the selectmen. 

[Sect. 2.] This act to continue and be in force for the term of five 
years from the publication thereof, and no longer. [Passed July 3 ; 
X>ublished July 9. 



CHAPTER 3. 



AN ACT FOR EMITTING FIVE HUNDRED POUNDS IN SMALL BILLS OP 
SEVERAL DENOMINATIONS, TO BE EXCHANGED FOR LARGER BILLS 
BY THE PROVINCE TREASURER. 

Whereas great inconveniences and difficulties have arisen to the 
affairs and trade of this province, for want of small money for change ; 
for remedy whereof, — 



[Isr Sess.] Peovixce Laavs.— 1722-23. 



24^ 



Be it enacted by His Excellency the Governour, Council and Repre- 
sentatives in Gen[_era']l[lJ^ Court assembled, and by the authority of the 
same, 

[Sect. 1.] That there be forthwith imprinted on parchment the sum Smaiibiiis of 
of five hundred pounds in penn[/e][y]s, twopences and threepences of mfde"°^*' 



: and ex- 
and one changed at the 

pennies, to be round ; twenty thous [an] d twopences, four-square ; thir- *^'''^^®"*'y- 



the following figures and inscriptions ; viz., forty thousand 

jences. 
teen thous [a?i]d three hundred thirty-three threepences, sexangular. 




Two Pence. 

Province of the 
Massachuset[/js. 

June, 1722. 



Three Pence. 

Province of the 

Massachuset[V]s 
Bay. [N.E.] 

June, 1722. 



[Sect. 2.] And that the committee already appointed b}^ this court Not less than 
for that purpose, are hereby directed and impowered to take effectual ]i^'^g*^'^,!g'' 
care for the making and imprinting the said bills ; and that the said bills changed. 
be delivered to the treasurer of the province, by him to be exchanged See 1720-21, 
for other bills of this province, to such persons as come for the same, ^^^'^' ^*' 
but not less than twenty shillings at any one time ; and that the said 
bills be accepted by the treasurer, and receivers subordinate to him, in 
all publick payments, as other the bills of this province are, and that 
five hundred pounds in bills exchanged by the treasurer for these bills, 
shall be burnt to ashes, by a committee to be appointed for that purpose. 

Ayid be it further enacted by the authority aforesaid, 

[Sect. 3.] That whosoever shall presume to forge, counterfeit or Penalty for 
utter any bill or bills (knowing the same to be false and counterfeit) of counterfeiting. 
the figures or inscriptions of those mentioned in this act, or an}'^ wa^'s 
in imitation thereof, or that shall counsel, advise, procure, or any ways 
assist in forging, counterfeiting, imprinting or stamping of any such false 
bills, every person and persons so offending, being thereof convict[eci], 
shall be punished for the first offence as in case of forgery, and for the 
second offence as those that counterfeit the other bills of this province. 
[Passed July 5 ; published July 9. 



CHAPTEK 4. 



AN ACT FOR REVIVING AND FURTHER CONTINUING SEVERAL ACTS 
THAT ARE EXPIRED OR NEAR EXPIRING. 

Whereas, at a session of the great and general court or assembly 
begun and held at Boston, the thirt3"-first day of May, in the twelfth 
year of the reign of King William the Third, an act was made and 1699 
pass[e]d, eutituled "An Act directing how rates and taxes, to be 1%^ 
granted by the general assembly, shall be assessed and collected " ; § 7. 
which act being temporary, was by several acts revived and continued J709! 
to the thirtieth day of June [i 722'] [one thousand seven hundred and I™- 
twonty-two] ; and whereas, at a session begun and held at Boston, 
the thirty-first dajj- of Maj^, in the ninth year of the reign of her late 
majesty Queen Ann[e], an act was made and pass'd, eutituled "An 1710.11, chap. & 



•1700, chap. 

.4, chap. 3, 

.7, chap. 3. 
10, chap. 1. 

17, chap. 4. 

18, chap. 5. 



2M 



Province Laws.— 1722-23. 



[Chap. 5.] 



1717-18, chap. 2. 



1715-16, chap. 
17. 



1717-18, chap. 9. 



1717-18, chap. 
11. 



1718-19, chap. 
15. 

1718-19, chap. 
16. 



These several 
acts to remain 
In force to the 
end of the gen- 
eral court in 
May, 1730. 



Act for explanation of and supplement to the act referring to the 
poor"; which act, being likewise temporaiy, was revived and further 
continued to tlie thirtieth of June, [i72(?] [one thousand seven hun- 
dred and twenty] ; ayid whereas, at the session held at Boston, the 
twentj'-third day of November, in the second j'ear of his present 
majest[2/][ie]'s reign, an act was made and passed, entituled "An 
Act for maintaining and propagating religion " ; which was limited 
to the term of seven years ; and at the session held at Boston, the 
twenty-third day of October, in the fourth 3'ear of his present maj- 
est[?/][iej's reign, an act was made and pass'd, entituled, "An Act 
for regulating the soldiers in his majest[?/][ie]'s service at Castle 
William"; and one other act entituled "An Act in further addition 
to the act for encouraging the killing of wolves " ; both which were to 
continue and be in force to the end of this present session, and no 
longer ; and at the session held at Boston, the twent^'-ninth day of 
October, in the fifth year of his present majest[?/][ie]'s reign, an act 
was made and pass[e]d, entituled " An Act for the ease of prisoners 
for debt," which was limited to the term of three years ; and one 
other act, entituled " An Act [/or] [to] prevent [^»2f/] deceit in the 

f;age of cask," which was to continue and be in force to the end of 
his present session, and no longer ; which several acts having been 
found beneficial to this government, — 

Be it therefore enacted by His Excellency the Governour, Council 
and Representatives in General Court assembled, and by the authority 
of the same, 

That all and sigular the aforerecited acts, and all and singular the 
paragraphs, clauses, articles, directions and powers in each and every 
of them contained, be, and hereby are, revived, re-enacted and directed 
to abide and remain in full force, and accordingly to be exercised, 
practiced and put in execution, until the end of the session of the 
general court in May, one thousand seven hundred and thirt}-, and no 
longer ; any law, usage or custom to the contraiy notwithstanding. 
[^Passed July 5 ; published July 9. 



CHAPTEK 5. 

AN ACT IN ADDITION TO THE ACT DIRECTING THE ADMISSION OF TOWN 
INHABITANTS, MADE AND PASS[£]D IN THE THIRTEENTH YEAR OF 
THE REIGN OF KING WILLIAM THE THIRD. 



Preamble. Whereas, in and by the said act it is provided." that every master 

1700-1, chap. 23, of a ship Or other vessel arriving in any port within this province from 
any other countr[e]y, land, island, colony or plantation, at the time of 
entering his ship or vessel with the receiver of [the] impost for the 
time being, shall deliver to such receiver a perfect list or certificate, 
under his hand, of the Christian and siruames of all passengers, as well 
servants as others, and their circumstances, so far as he knows ; on 
pain of forfeiting " as in the said act is set forth ; but it so happening 
often that ships and vessels arrive from for[r]eign parts into such 
places, towns and harbours where no impost officer or deputy- receiver 
dwells, and the master of such ships or vessels suflTer to go on shoar, 
or cause to be landed, their passengers, servants and others, without 
giving a list or certificate as aforesaid ; nor are the}' under any for- 
feiture or penalty for neglect thereof, or under any obligation to return 
such persons, passengers or others, if impotent, lame or unable to sup- 
port and help themselves, whereby great damage has been and is like 



[1st Sess.] Provixce Laws.— 1722-23. 245 

to accrue to the province in general and to many towns in particular ; 
for remedy and prevention thereof, for the future, — 

Be it enacted by His Excellency the Governour, Council and Repre- 
sentatives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That upon the arrival of an}- ship or vessel in any port Masters of ships 
or harbour within this province, transporting any passengers, servants p^aUcngerein" 
or others whatsoever, and before bulk be broken, or such passeno-ers, =»''. harbors in 

' "^ o7 tms province. 

servants or others be sutiered to land or come on shoar, the master of 
such ship or vessel shall repair to the selectmen or treasurer of such 
town, where no receiver of impost dwells, and give in a list or certifi- 
cate of all the passengers, serv[an]ts and others he has brought in his 
ship or vessel from beyond sea, with their circumstances, and merchan- 
dize they bring with them, as near as can be ; and the master of such To give bonds 
ship or vessel shall enter in suflicient bonds, to the satisfaction of the °' p^*®^"^'^"'- 
said selectmen or treasurer of the town where the ship or vessel ar- 
rives, to save such town harmless from all manner of charge arising, or 
that may arise, to the same town, by reason of such passengers, strang- 
ers, serv[oji]ts or others arriving amongst them. 

And be it further enacted by the authority afores[ai\d, 

[Sect. 2.] That the master of every coasting vessel, wood-sloop. Masters of 
fishing vessel, or others coming from any p[o][a]rt of this govern- seilf&l.To*" 
mfeHlt, or any of the neighbouring governmre^ilts, into Boston, or any give a list of 

J- -' . ''■, t ^^' 1 • . 1 11 . 1 . ,. " passengers, in 

other port or harbour within this province, shall, within twent^'-four case. 
hours after his arrival, deliver to the receiver of impost, where such 
officers are, and, where none are, to the selectmen or treas[t',re]r of the 
town, a perfect list or certificate of the Christian and sirnames of all 
passengers brought in such vessel (w[//c']ch are not settled inhabitants 
of this province) , and their circumstances, so far as he knows ; on pain Penalty. 
of forfeiting the sum of one hundred pounds, for the use of the poor of 
the town or place where such passengers shall be landed or sent on 
shoar. 

And he it farther enacted by the authority aforesaid, 

[Sect. 3.] That in case any such passengers, strangers, servants or strangers that 
others shall, after their arrival, travel or go into other towns or places town to town 
within this province, and shall be warned out and sent by authority [he^^iacewhere 
from place to place, until they come to the place of their last abode, as they first ar- 
the law in such case provides, it shall and may be lawful for all such "^'^'^' 
strangers, serv[fOi]ts and others to be carried to the town where they 
first arrived, and where the selectmen or town treas[?ire]r have taken 
bond as aforesaid, where they shall be accounted inhabitants ; unless 
they have resided [for] [&?/] the space of twelve months in any other 
place or town, and not regularly [or] \_ayid'] legally warned out, as the 
law provides. 

[Sect. 4.] And in case any master of any ship or vessel, bringing Penalty for 
into this province passengers, servants [or] [cmd'] others, shall neglect ™ct to ^ve^" 
or refuse to give bond, as aforesaid, within five da^'s after his arrival, ^ond. 
every such master of a ship or vessel shall forfeit and pay the sum of 
two hundred pounds ; and the forfeitures herein mentioned to be to the 
use and benefit of such town or place he arrives at ; to be recovered by 
bill, plaint or information, b}' the selectmen, or the major part of them, 
or the town treas[T(re]r of such town where the ship or vessel arrives, 
in any of his maj[es<?/'.'<][ies] courts of record within this province ; any 
law, usage or custom to the contrary notwithstanding. \_Passed June 
29 ; published July 9. 



2J.6 Peovince Laws. — 1722-23. [Chavs. 6, 7.] 



CHAPTEE 6. 

AN ACT FOR THE FURTHER ESTABLISHING THE TOAVN OF RUTLAND, 
AND IMPOWERING THEM TO CHUSE ALL PROPER OFFICERS, AND FOR 
IMPOWERING THEM TO RAISE AND COLLECT MONEYS FOR THE DE- 
FRAYING THE NECESSARY CHARGES OF THE SAID TOWN. 

Forasmuch as it appears that the proprietors of the township of 
Rutland have performed the conditions of the grant made thereof by 
the great and general assembly of tliis province, 1713, — 

Be it therefore enacted by His Excellency the Govern", Council and 
Represent'"^ in Gen^^ Court assembled, and by the authority of the same, 

That the inhabitants and freeholders of the s'd town of Rutland' be 
invested with and forever hereafter enjo}' all the powers, privileges and 
immunities that other towns within this province by law have and usu- 
alty enjoy ; and that they be and hereby are enabled to lev}', assess and 
collect threepence per acre per annum, for the space of two years and 
an half from the first day of Jul}- last past (the time that the minister 
began to officiate as a minister there), on all the lands, both improved 
and unimproved, whether divided or undivided, contained within the 
lines of the contents of six miles square, as is already laitl out, and 
within which the present inhabitants are settled ; and that the said 
land be subjected and made liable to the payment of the same, to de- 
fray the charge of building the meeting-house and pa3'ing the minister's 
settlem' and salary : except only the present minister's lott and ministry 
lott, with their divisions, also the school lott, and also one thous** acres 
of land appertaining to Samuel Sewall, Esq^ (the comm"^* of Rutland 
having agreed, for a certain consideration, with the said Sam'^ Sewall, 
Esq''.), and five hundred acres of land appertaining to the artillery com- 
pany of this province, and eighty acres of land on and near Buck 
Brook, and one hundred and forty acres of land about Mill Brook 
(being part of Benj*" Willard's nine hundred acres laid out there to pro- 
mote a mill), w''^ said land shall be freed from the said tax or assessm' ; 
any law, usage or custom to the contrary notwithstanding. \_Passed 
June 18. 



CHAPTER 7. 

AN ACT FOR GRANTING UNTO HIS MAJESTY SEVERAL RATES AND 
DUTYS OF IMPOST AND TUNNAGE OF SHIPPING. 

We, his maj'y^ most loyol and dutiful subjects, the representatives of 
his maj'^'^ province of the Massachusetts Bay in New England, con- 
sidering the necessity of calling in the sum of sixteen thousand pounds, 
granted to his present majesty, by bills emitted at the several sessions, 
annis 1715, 1717 and 1718, to be levyed and collected in this present 
year, have cheerfully and unanimously given and granted, and do 
hereby give and grant unto his most excellent majesty, to the ends, use 
and intent 'afores'^, and for no other use, the several dutys of impost 
upon wines, liquors, goods, wares and merchandise that shall be imported 
into this province, and tunnage of shipping hereafter mentioned and 
expressed, for calling in the sum of twenty-five hundred pounds, part 
of the said sum of sixteen thousand pounds abovementioned ; and pray 
that it may be enacted, — 



[1st Sess.] Province Laws.— 1722-23. . 247 

And be it accordingly enacted hy His Excellency the Governour, 
Council and Representatives in General Court assembled, and by the 
authority of the same, 

[Sect. 1.] That after the publication of this act there shall be paid 
by the importer of all wines, liquors, goods, wares and merchandizes 
that shall be imported into this province from the place of their growth 
(salt, cotton-wool, provision and every other thing of the growth and 
produce of New England excepted), the several rates and dutys of 
impost following ; viz*., — 

For every pipe of coinon wine of the "Western Island, twenty shil- 
lings. 

For every pipe of Canar^^, twenty -five shillings. 

For every pipe of Madera or Passada, twenty shillings. 

For every pipe of other sorts not mentioned, twenty shillings. 

For every hogshead of rhum containing one hundred gallons, twenty 
shillings. 

For every hogshead of sugar, ^two shillings. 

For every hogshead of molasses, one shilling. 

For every hogshead of tobacco, twenty shillings. 

For every tun of logwood, three shillings. 

And so proportionab[ly*] for greater or lesser quantit3'S. 

And for all other coiuodit^-s, goods or merchandize not mentioned or 
excepted, one penny for every twenty shillings' value, all goods 
imported from Great Britain excepted. * 

[Sect. 2.] And for any of the above wines, liquo[rs,*] goods, wares, 
merchandize, &c., that shall be imported into this province from any 
other ports than the places of their growth and produce, there shall be 
paid by the importer double the value of impost appointed by this act, 
to be received for every species abovementioned, unless they do bona 
fide belong to the inhabitants of this province, and come upon their 
risque from the port of their growth. 

And be it farther enacted by the authority afores'^, 

[Sect. 3.] That all the aforesaid imposts, rates and dutys shall be 
paid in current money or in bills of credit of this province, by the 
importer of any wines, liquors, goods or merchandize, unto the comis- 
sioner and receiver to be appointed, as is hereinafter directed, for entring 
and receiving of the same, at or before the landing of any wines, liquors, 
goods or merchandize ; only the coiuissioner or receiver is hereby 
allowed to give credit to such person or persons, where his or their duty 
of impos[t*] in one ship or vessell doth exceed the sum of ten pounds. 
And in case where the coihissioner or receiver shall give credit, he 
shall settle and ballance his accompts with every person, so that the 
same accompts may be ready to present to this court in May next. And 
all entrys where the impost or duty to be paid doth not exceed four 
shillings, shall be made without charge to the importer, and not more 
than sixpence to be paid for any other single entry to what value 
soe[ver.*] 

And be it further enacted by the authority aforesaid, 

[Sect. 4.] That all masters of ships or other vessells coming into 
any harbour or port within this province, from beyond sea or from any 
other province or colon}-, before bulk be broken and within twenty-fom* 
hours after his arrival in such harbour or port, sball make a report to 
the coiiiissioner or receiver of the impost, to be appointed as is here- 
after mentioned, of the contents of the lading of such ship or vessell, 
without an[y*] charge or fee to be demanded or paid for the same ; which 
report such master shall give in to the said comissioner or receiver, 
under his hand, and shall therein set down and express the quantitys 

* Parchment desti-oyed. 



248 . Province Laws.— 1722-23. [Chap. 7.] 

and species of the wines, liquors, goods and merchandizes laden on 
such ship or vessell, with the marks and numbers thereof, and to wliom 
the same is consigned ; and also malce oath that the s'd report or mani- 
fest of the contents of his lading, so to be b}^ him given in und[er*] his 
hand as afores**, contains a just and true accompt, to the best of his 
knowledge, of the whole lading taken on board and imported in the 
said vessell from the port or ports such vessell came from, and that he 
hath not broken bulk nor delivered any of the wines, rhum or other dis- 
• tilled liquors or merchandizes Idden on said ship or vessell, directly or 
indirectly, and that if he shall know of any more wines, liquors, goods 
or merchandize to be imported therein before t[he*] landing thereof, he 
will cause it to be added to his manifest ; which manifest shall be agree- 
able to a printed form made for that purpose, which is to be tilled up by 
the s*^ coiuissioner or receiver, according to each particular person's 
entry ; whic[h*] oath the coiuissioner or receiver is hereby impowred to 
administer : after which such master may unload, and not before, on 
pain of one hundred pounds, to be forfeited and paid by each master 
that shall neglect his duty on this behalf. 

And be it further enacted by the authority aforesaid, 
[Sect. 5.] That all merchants, factors and other persons, importers, 
being owners of or having any of the wines, liquors, goods or merchan- 
dizes consigned to them, that by this act are lyable to pa}' impost or 
dut}', shall, by themselves or order, make entry thereof in writing, 
under thftir hands, with the s*^ coiiiissioner or receiver, and produce 
unto him the original invoice of all such goods as pay ad valorem, and 
make oath thereto in manner following : — 

You, A. B., do swear that the entry of the goods and merchandizes by you 
now made, contains the true value agreable to the original invoice herewith 
exhibited, and that, according to j'our best skill and judgment is not less than 
the real cost thereof. So help you God. 

— and pay the duty and impost by this act required, before such wines, 
liquors, goods, wares or merchandizes be landed or taken out of the 
vessell in which the same shall be imported, on pain of forfeiting all 
such wines, liquors, goods, wares or merchandize so landed or taken out 
of the vessell in which the same shall be imported. 

[Sect. C] And no wines, liquors, goods, wares or merchandize, 
that by this act are l^-able to pay impost or duty, shall be landed on any 
wharffe or into any warehouse or other place, but in the daj'-time only, 
and that after sunrise and before sunset, unless in the presence of, and 
with the consent of, the coiuissioner or receiver, on pain of forfeiting all 
such wines, liquors, goods, wares and merchandizes, and the ligliter, 
boat or vessell out of which the same shall be landed or put into any 
warehouse or other place ; which aboves'^ oath the coiuissioner or 
receiver is hereby impowred to administer. 

[Sect. 7.] And if any person or persons shall not have and produce 
an invoice of the quantitys of rhum or liquors to him or them consigned, 
then the cask, wherein the same is, shall be gaged at the charge of the 
importer, that the quantity thereof may be known. 

And it is farther enacted by the authority aforesaid, 

[Sect. 8.] That every merchant or other person, importing any 
wines into this province, shall be allowed twelve per cent for leakage, 
provided such wines have not been filled up on board, and that every 
hogshead, butt or pipe of wine that hath two third parts thereof 
leaked out, shall be accounted for outs, and the merchant or importer to 
pay no duty or impost for the same ; and no master of any ship or 

* Parchment destroyed. 



[ 1st Sess.] Province Laws.— 1722-23. 249 

vessell shall suffer any wines to be filled up on board, without giving a 
certificate of the quantity so filled, under his hand, before the landing 
thereof, to the coiiiissioner or receiver of the impost in such port, on 
pain of forfeiting the sum of fifty pounds. 

[Sect. 9.] And if it be made appear that any wines imported in 
an}' ship or vessell, be deca3-ed at the time of unlading thereof, or in 
twenty days afterwards, oath being made before the coiSissioncr or 
receiver that the same hath not been landed above that time, the dutys 
and impost paid for such wines shall be repaid unto the importer thereof. 
And be it farther enacted by the authority aforesaid^ 
[Sect. 10.] That the master of any ship or vessell importing any 
wines, liquors, goods, wares or merchandize shall be lyable to and shall 
pay the impost for such and so much thereof contained in his manifest 
as shall not be duly entred, nor the duty paid for the same, b}^ the per- 
son or persons to whom such wines, liquors, goods, wares or merchan- 
dize are or shall be consigned. And it shall and may be lawful to and 
for the master of every ship or other vessell to secure and detain in his 
hands, at the owner's risque, all such wines, liquors, goods, wares or 
merchandize imported in such ship or vessell, until he shall receive a 
certificate from the coiiiissioner or receiver of the impost that the 
duty for the same is paid, and until he be repaid his necessary charges 
in securing the same ; or such master may deliyer such wines, liquors, 
goods, wares or merchandize as are not entred ynto the coiiiissioner 
or receiver of the impost in such port or his order, who is hereby im- 
powred and directed to receive and keep the same at the owner's risque 
until the impost thereof, with charges, be paid ; and then to deliver 
such wines, liquors, goods, wares or merchandize as such masters shall 
direct. 
And be it further enacted by the authority aforesaid, 
[Sect. 11.] That the comissioner or receiver of the impost in each 
port shall be and hereby is impowred to sue the master of any ship or 
vessell, for the impost or duty for so much of the lading of any wines, 
liquors, goods, wares and merchandizes imported therein, according to 
the manifest hy him to be given upon oath as aforesai[d*J, as shall re- 
main not entred and the duty or impost thereof not paid ; and where 
the goods, wares or merchandizes are such as that the value thereof is 
not known, whereby the impost to be recovered of the master for the 
sa[me*] cannot be ascertained, the ovv-ner or person to whom such 
goods, wares or merchandizes are or shall be consigned, shall be suih- 
oncd to appear as an evidence at the court where suit for the impost 
and duty thereof shall be brought, and be there required to make oath 
to the value of such goods, wares or merchandizes. 
And be it further enacted by the authority afores'^, 
[Sect. 12.] That the ship or vessell, with her tackle, apparel and 
furniture, the master of which shall make default in anj'thing by this 
act required to be performed by him, shall be liable to answer and 
make good Jhe sum or sums forfeited by such master, according to this 
act, for an}' such default, as also to make good the impost or duty for 
any wines, liquors, goods, wares or merchandizes not entred as afore- 
said, and upon judgment recovered against such master, the said ship 
or vessell, or so much of the tackle or appur'^''^ thereof as shall be suffi- 
cient to satisf}' said judgment, may be taken in execution for the same ; 
and the commissioner or receiver of the impost is hereby impowred to 
make seizure of such ship or vessell, and detain the same under seizure, 
until judgment be given in any suit to be coiiienced and prosecuted for 
any of the said forfeitures or impost, to the intent that if judgment be 
reudred for the prosecutor or informer, such ship or vessell and appur"*' 

* Parchment destroyed. 
32 



250 Province Laws.— 1722-23. [Chap. 7.] 

may be exposed for satisfaction thereof as is before provided, unless 
the owners, or some on their behalf, for the releasing of such sliip or 
vessell from under seizure or restraint, shall give sufficient security to 
the coihissioner or receiver of the impost that seized the same, to 
respond and satisfy the sum or value of the forfeiture and dutys, with 
charges, that shall be recovered against the master thereof upon suit to 
be brought for the same as aforesaid ; and the master occasioning such 
loss and damage unto his owners thro' his default or neglect shall be 
liable unto their action for the same. 

And be it further enacted, 

[Sect. 13.] That the naval officer within any of the ports of this 
province shall not clear or give passes to any master of any ship or 
other vessell outward bound, until he shall be certifyed by the coiJiiis- 
sioner or receiver of the impost that the dutys and impost for the goods 
last imported in such ship or vessell are paid, or secured to be paid ; 
and the coinissioner or receiver of the impost is hereby impowred to 
allow bills of store to the master of any ship or vessell, importing any 
wines or liquors, for such private adventures as shall belong to the mas- 
ter or seamen of such ship or other vessell, at the discretion of the 
coiiiissioner or receiver, not exceeding three per cent of the lading ; and 
the dutys payable by this act for such wines or liquors in such bills of 
store mentioned and expressed, shall be abated. 

And be it further exacted by the authority afores'^, 

[Sect. 14.] That all penalty's and forfeitures accruing or arising by 
virtue of this act, shall be one half to his majesty for the uses and in- 
tents for which the aforementioned dutys of impost are granted, and 
the other half to him or them that shall seize, inform and sue for the 
same by action, bill, plaint or information in any of his maj'^^ courts 
of record, wherein no essoign, protection or wager of law shall be al- 
lowed ; the whole charge of prosecution to be taken out of the half 
belonging to the informer. 

A7id be it further enacted by the authority aforesaid, 

[Sect. 15.] That there shall be paid by the master of every ship or 
other vessell coming into any port or ports in this province to trade 
or trafflck, whereof all the owners are not belonging to this province, 
except such vessells as belong to Great Britain, the provinces or 
colony's of Pensilvania, West and East Jersey-, New York, Connecticutt 
or Ehode Island, exery voyage such ship or vessell do's make, the sum 
of eighteen pence per tun, or one pound of good new gunpowder for 
every tun such ship or vessell is in burthen (saving for that part which 
is owned in Great Britain, this province or any of the afores'* govern- 
ments, which is hereby exempted) , to be paid unto the coinissioner or 
receiver of the dutys of impost, and to be imployed for the ends and 
uses aforesaid. 

[Sect. 16.] And the s*^ coinissioner is hereby impowred to appoint 
a meet and suitable person to repair unto and on board any ship or 
vessell, to take the exact measure and tunnage thereof, in case he 
shall suspect that the register of such ship or vessell doth not express 
and set forth the full burthen of the same ; the charge thereof to be paid 
by the master or owner of such ship or vessell before she be cleared, in 
case she appear to be of greater burthen ; otherwise to be paid by the 
coinissioner out of the monej's received by him for impost, and shall be 
allowed hi^a accordingly by the treasurer in his accompts. And the 
naval officer shall not clear any vessell until he be also certifyed by the 
said coiiiissioner that the duty of tunnage for the same is paid, or that 
it is such a vessell for which none is payable according to this act. 



[1st Sess.] Province Laws.— 1722-23. 251 

And he it further enacted by the authority aforesaid, 

[Sect. 17.] That there be one fit person, and no more, nomhiated 
and appointed by this court, as a coiuissioner and receiver of tlie afore- 
said diitys of impost and tannage of shipping, and for the inspection, 
care and management of the said office, and whatsoever relates there- 
unto, to receive coiuission for the same from the governour or coiuand- 
er-in-cheif for the time being, with authorit}' to substitute and appoint 
a deputy receiver in each port besides that wlierein he resides, and to 
grant warrants to such deput}' receivers for their said place, and- to col- 
lect and receive the impost and tunnage of shipping aforesaid that shall 
become due within such port, and to render the accompts thereof and 
pay in the same to the s'd coiuissioner and receiver ; which said comis- 
sioner and receiver shall keep fair books of all entr3's and dutys arising 
by virtue of this act, also a particular accompt of every vessell, so that 
the dutys of impost and tunnage arising on the said vessell may appear ; 
and the same to lye open at all seasonable times to the view and peru- 
sal of the treasurer and receiver-general of this province (or any other 
person or persons whom this court shall appoint) , with whom he shall 
accompt for all collections and pa^-ments, and pay in all such money's 
as shall be in his hands, as the ti^asurer or receiver-general shall de- 
mand it. And the s'' coihiss'" and receiver and his deputy and deputys, 
before their entring upon the execution of the s'' office, shall be sw^orne 
to deal truly and faithfull}^ therein, and shall attend in the office from 
nine to twelve of the clock in the forenoon, and from two to five of the 
clock in the afternoon. 

[Sect. 18.] And the said coiuissioner and receiver, for his labour, 
care and expences in the s"^ office, shall have and receive out of the 
province treasury the sum of seventy pounds per annum, and his dep- 
uty or deputys to be paid for their service such sum and sums as the 
said coiuissioner and receiver, with the treasurer, shall agree, upon rea- 
sonable terms, not exceeding thirty pounds each ; and the treasurer is 
hereby ordered, in passing and receiving the said coiBissioner's accompts, 
accordingly to allow the pa^'meut of such salary or salarys, as aforesaid, 
to himself and his deputy or deputys. 

Provided, • 

[Sect. 19.] That this act shall continue in force from the publica- 
tion thereof, until the twentj'-niuth day of June, which will be in the 
year of our Lord one thousand seven hundred twenty-three, and no 
longer. \_Passed June 23 ; published June 28. 



CHAPTER 8. 

AN ACT FOR APPORTIONING AND ASSESSING A TAX OF SIX THOUSAND 
TWO, HUNDRED THIRTY-TWO POUNDS THIRTEEN SHILLINGS AND 
ELEVENPENCE. 

Whereas the great and general court or assembly of the province of One hundred 
the Massachusetts Bay in New England, at their sessions in the years fhe Dartmouth 
1715, 1717 and 1718, did pass three several grants of taxes, on polls tax, and seven. 
and estates, as funds and security for the payment and drawing in several and^ieven sbfi- 
sums in the bills of credit on this province ordered to-be imprinted, re- IJJ^fTivertc 



of 

rton 



peated and issued out of the publick treasury for the service of the govn tax, remitted 
ernment; that is to say, at their sessions held in August, 1715,* the by'^the'pri^r" 
sum of four thousand pounds ; at their sessions held in October, 1717,t J°"'"'"' J^^^e^, 

* Notes to 1715-16, resolve (a). t Notes to 1717-18, resolve (6). 



252 Peovince Laws.— 1722-23. [Chap. 8.] 

the sum of six thousand pounds ; and at their session held in May, 
1718,* the siun of six thousand pounds, appl3'ed to the ends and uses 
in the said grants particulai'ly enumerated and expressed ; and, b}' the 
resolves of the court| that made the aforesaid grants, it was then 
ordered, that the said sumsf of sixteen thousand pounds shall be appor- 
tioned, assessed and levyed on polls, and estates both real and per- 
sonal, within this province, according to such rules and in such propor- 
tion, upon the severall towns and districts within the same, as shall be 
agreed on and ordered by this court in their present sessions ; where- 
fore, for the ordering, directing and perfecting the said sum of six 
thousand pounds, and for making further provision for any deficiency 
that may arise or accrue by an}^ unforeseen accident in the funds and 
grants aforesaid, which with the sum of ten thousand pounds by the 
duties of impost and tunnage of shipping and excise, together with 
the income of the bills lett out and the light-house will make the sum 
of sixteen thousand pounds, pursuant to the funds and grants aforesaid, 
which is unanimously approved, ratifyed and confirmed ; we, his majes- 
ty's most lo^'all and dutiful subjects, the representatives in general court 
assembled, pray that it may be enacted, — 

And be it accordingly enacted by His Excellency the Governoiir., Coun- 
cil and Representatives in General Court assembled, and by the authority 
of the same, 

[Sect. 1.] That each town or district within this province be as- 
sessed and pay as such town's and district's proportion of the aforesaid 
sum of six thousand two hundred thirt3'-two pounds thii'teen shillings 
and elevenpence, the sums following ; that is to say, — 

IN THE COTTNTY OF SUFFOLK. 

Boston, one thousand and eighty pounds, . . .£1,080 Os. Od. 

Roxbury, sixty-two pounds seventeen shillings and six- 
pence, ......... 

Dorchester, eighty-three pounds fourteen shillings and 
threepence, ........ 

Hingham, sixty-three pounds sixteen shillings and six- 
pence, ......... 

Brantree, sixtj^-five pounds seventeen shillings and 
threepence, ........ 

Dedham, fifty pounds eighteen shillings and threepence, 

Medfield, thirty pounds and eighteen shillings, . 

Medwa}', fourteen pounds eighteen shillings and nine- 
pence, ......... 

We3'niouth, four ty-f our pounds four shillings and six- 
pence, ......... 

Milton, thirty-two pounds five shillings and threepence, 

Hull, fourteen pounds eighteen and ninepence, . 

Wrentham, forty-seven pounds fifteen shillings and 
threepence, . . . . . . . . 

Mendon, thirty-seven pounds thirteen shillings and 
ninepence, ........ 

Woodstock, thirty-one pounds twelve shillings and 
threepence, ........ 

Brookline, twenty-five pounds eighteen shillings and 
threepence, ........ 

Sutton, six pounds, . 

Needham, thirty pounds, 

Bellingham, six pounds, 

Oxford seven pounds fourteen shillings and sixpence, . 

* Notes to 1718-19, resolve {a). t Sic. 



62 


17 


6 


83 


14 


3 


63 


16 


6 


65 
50 
30 


17 

18 
18 


3 
3 




14 


18 


9 


44 
32 
14 


4 

5 

18 


6 
3 
9 


47 


16 


3 


37 


13 


9 


31 


12 


3 


25 
6 

30 
6 

7 


18 




14 


3 




6 



[1st Sisss.] PiiovixcE Laws.— 1722-23. 



2oi 



IN THE COUNTY OF ESSEX. 

Salem, one hundred fiftj'-nine pounds and twelve shil 

lings, ........ 

Ipswich, one hundred seventj^-one pounds eleven shil 

lings threepence, . . . . . 
Newbury, one hundred forty-three pounds seven shil 

lings and sixpence, ...... 

Marblehead, one hundred and thirty -five pounds eigh 

teen shillings, ....... 

Lyn, seventy -four pounds thirteen shillings and nine 

pence, ........ 

Andover, seventy pounds and twelve shillings, . 
Beverl}', sixty pounds eighteen shillings and ninepence 
Rowle}', fift3'-six pounds ten shillings and sixpence, 
Salisbury, fortj'-nine pounds six shillings and sixpence 
Haverhill, sixty-four pounds sixteen shillings and three 

pence, ........ 

Glocester, seventy-two, pounds four shillings and nine 

pence, ........ 

Topsfleld, thirty pounds twelve shillings and nine 

pence, ........ 

Boxford, twenty-seven pounds eight shillings and six 

pence, ........ 

Amsbiuy, forty-four pounds fifteen shillings and nine 

pence, ........ 

Bradford, thirty pounds three shillings and threepence, 
Wenhara, twenty-seven pounds eighteen shillings and 

sixpence, ....... 

Manchester, thirteen pounds and threepence, 

IN THE COUNTY OF MIDDLESEX, 

Cambridge, fifty pounds nine shillings and sixpence, 

Charlestown, one hundred pounds, 

Watertown, fift^'-five pounds eight shillings and three 

pence, ........ 

Weston, twenty-three pounds nine shillings and siX' 

pence, ........ 

Concord, seventy-seven pounds six shillings and ninC' 

pence, . . . 
Wobourn, seventy-four pounds seventeen shillings and 

threepence, ....... 

Reading, fifty-two pounds five shillings and three 

pence, . . . . . . ... 

Sudbur}-, sixty pounds eighteen shillings and three 

pence, , . . . , . 
Marlborough, fift3'-nine pounds fourteen shillings and 

ninepence, ....... 

Lexington, thirty-six pounds one shilling and three 

pence, ........ 

Newtown, forty-six pounds and sixpence, . 

Maiden, thirty-seven pounds nineteen shillings and 

ninepence, ....... 

Chelmsford, forty-eight pounds three shillings and three 

pence, . . . . , 
Billerica, forty-seven pounds nine shillings and seven 

pence, ........ 

Sherbourn, thirty-one pounds nineteen shillings and 

threepence, 



£159 12s. Qd. 

171 11 3 

143 7 6 

135 18 

74 13 9 

70 12 

60 18 9 

56 10 6 

49 6 6 

64 16 3 

72 4 9 

30 12 9 

27 8 6 

44 15 9 

30 3 3 

27 18 6 

13 3 

50 9 6 
100 

55 8 3 

23 9 6 

77 6 9 

74 17 3 

52 5 3 

60 18 3 

59 14 9 

36 1 3 

46 6 

37 19 9 
48 3 3 

47 9 7 

31 19 3 



254 



Province Laws.— 1722-23. [Chap. 8.] 



"Westborough, thirteen pounds two shillings and nine 
pence, ........ 

Groton, thirtj'-three pounds six shillings and ninepence 

Lancaster, thirty-seven pounds five shillings and nine 

pence, ........ 

Framingham, thirty-seven pounds eighteen shilP and 
ninepence, ....... 

Medford, nineteen pounds four shillings and threepence 
Stow, thirt^'-one pounds six shillings and threepence, 
Worcester, ten pounds, ..... 

Dunstable, eleven pounds and eleven shillings, . 
Dracut, eight pounds eighteen shillings and ninepence 
Leicester, six pounds, ...... 

Littleton, ten pounds, ...... 

Rutland, two pounds, 

IN THE COUNTY OF HAMPSHIRE. 

Springfield, seventy-five pounds four shillings, 
North hampton, fift3--eight pounds and nine shillings, 
Hadly, thirt3'-four pounds eight shilP and sixpence, 
Hatfield, twenty-eight pounds one shilling and sixpence, 
Westfield, twenty-nine pounds seventeen shilP and 
sixpence, ....... 

Suffield, forty-two pounds seventeen shillings, 
Enfield, thirty-six pounds, ..... 

Deerfield, twenty-six pounds, .... 

Brookfield, ten pounds, ..... 

Sunderland, four pounds, ..... 



£13 2s. del 

♦ 33 6 9 

37 5 9 

37 18 9 

19 4 3 

31 6 3 

10 

11 11 
8 18 9 
6 

10 

2 



75 4 

68 9 

34 8 6 

28 1 6 

29 17 6 
42 17 

36 

26 

10 

4 



IN THE COUNTY OF PLYMOUTH. 

Plymouth, seventy-two pounds one shilling and three- 
pence, ......... 

Plympton, forty-two pounds six shillings and nine- 
pence, ......... 

Situate, ninety-five pounds nine and ninepence, . 

Bridgwater, sixty-eight pounds three shillings and six- 
pence, ......... 

Marshfield, fifty pounds eighteen shillings and three- 
pence, . . . . . . . ... 

Pembrook, twenty-three pounds eight shillings and six- 
pence, ......... 

Duxborough, thirty-one pounds nine shillings and three- 
pence, ......... 

Middleborough, thirty-eight pounds four shilP and 
eightpence, . . . . ^. . . . 

Rochester, thirt3^-six pounds twelve shilP and nine- 
pence, ......... 

Abbington, ten pounds and twelve shillings, 

IN THE COUNTY OF BRISTOL. 

Bristol, forty-eight pounds, ...... 

Taunton, seventy -four pounds six shillings and sixpence, 
Norton, with North Purchase, thirty-nine pounds 

twelve shillings and ninepence, .... 

Dartmouth, one hundred eighty-one pounds and twelve 

shillings, ........ 

Dighton, thirt3'-three pounds nineteen shillings and 

eightpence, 



72 1 3 



42 


6 


9 


95 


9 


9 


68 


3 


6 


50 


18 


3 


23 


8 


6 


31 


9 


3 


38 


4 


8 


36 


12 


9 


10 


12 





48 








74 


6 


6 


39 


12 


9 


181 


12 





33 


19 


8 



[1st Sess.] 



Province Laws . — 1 7 2 2-S 



255 



Eehoboth, eighty pounds and three shillings, . . £80 3s. Od. 
Little Coinpton, sixty-one pounds eight shillings and 

sixpence, 61 8 6 

Swansey and Shawamet, fifty-three pounds and nine- 
pence, ......... 53 9 

Tiverton, one hundred pounds, . . . . . 100 

Freetown, twentj'-four pounds and nine shillings, . 24 9 
Attleborough, forty-three pounds and nine shillings, . 43 9 
Barrington, seventeen pounds eighteen shill' and six- 
pence, 17 18 6 



IN THE COUNTY OF BARNSTABLE. 

Barnstable, eighty-two pounds and sixteen shillings, 
Sandwich, fifty-three pounds one shilling and three' 
pence, ........ 

Eastham, fiftj^-six pounds and four shillings, 
Truro, thirt^'-six pounds and seventeen shillings, 
Yarmouth, fifty-one pounds and fifteen shillings, . 
Harwich, thirty-five pounds, sixteen shillings and three 
pence, ......'.. 

Falmouth, twenty pounds and eighteen shillings, . 
Chatham, seventeen pounds eighteen shillings and six- 
pence, 



82 16 

53 1 3 

56 4 

36 17 

51 15 

35 16 3 

20 18 

17 18 6 



IN DUKES COUNTY. 

Edgartown, twenty-three pounds seventeen shillings 

and ninepence, . . . . . . . 23 17 9 

Chilmark, thirty-eight pounds sixteen shillings and six- 
pence, 38 16 6 

Tisbury, eleven pounds eighteen shillings and nine- 
pence, . . 11 18 9 



IN THE COUNTY OF YOKK. 

York, thirty pounds, 30 

Kitter}^ sixty -five pounds fourteen shillings and three- 
pence, 65 14 3 

Berwick, twenty-eight pounds nineteen shillings and 

sixpence, 28 19 6 

"Wells, twenty-eight pounds thirteen shillings and nine- 
pence, 28 13 9 

Falmouth, three pounds, 3 

Biddeford, three pounds, 3 

Nantucket, seventy-seven pounds and thirteen shillings, 77 13 

And be it further enacted by the authority aforesaid, 
[Sect. 2.] That the treasurer do forthwith send out his warrants, 
directed to the selectmen or assessors of each town or district within 
this province, requiring them, respectively, to assess the sum hereby set 
upon such town and district in manner following ; that is to say, to 
assess all rateable male polls, above the age of sixteen years, at thirty 
pence per poll (except the governour, lieutenant-governour, and their 
families, the president, fellows and students of Harvard College, setled 
ministers and grammer-school masters, who are hereby exempted as 
■well from being taxed for their polls, as for their estate being in their 
own hand and under their actual management and improvement) and 
other persons (if such there be) who through age, infirmity or extream 
poverty, in the judgement of the assessors, are not capable to pay 



256 Peovince Laws.— 1722-23. [Chap. 8.] 

towards publick charges, they may except their polls and so much of their 
estate as, in their prudence, they shall think fit and judge meet ; and 
all estates, both real and personal, Ij'uig within the limits or bounds 
of such town or district, or next unto the same, not paying elsewhere, 
in whose hand, tenure, occupation or possession soever the same is or 
shall be found ; and income by any trade or faculty which any person or 
persons (except as before excepted) do or shall exercise in gaining, hy 
monies or other estate not particularly otherwise assessed, or commis- 
sions of profit in their improvement, according to their understanding 
and cunning, at one pen}' on the pound ; and to abate or multiply the 
same, if need be, so as to make up the sum hereby set and ordered for 
such town or district to pay ; and, in making their assessment, to esti- 
mate houses and lands at six years' income of the .yearly rents whereat 
the same maj- be reasonably set or lett for in the places where thc}- lye 
(saving all contracts between landlord and tenant, and, where no such 
contract is, the landlord to reimburse one-half of the tax set upon such 
houses and lands) ; and to estimate Indian, negro and molatto servants 
propor[tiona*]bly as other personal estate, according to their suund 
judgment and discretion ; as also to estimate every ox of four years 
old and upward, at forty shillings ; ever}' cow of three years old and 
upward, at thirty shillings ; every horse an[d*] mare of three years old 
and upward, at forty shillings ; every swine of one 3'ear old and up- 
ward, at eight shillings ; every sheep and goat of one 3'ear old and up- 
ward, at four shillings ; likewise requiring the assessors to make a fa[ir*] 
list of the said assessment, setting forth, in distinct columns, against each 
particular person's name, how much he or she is assessed at for polls, 
and how much for houses and lands, and how much for personal estate 
and incom[e*] by trade or faculty ; and the list or lists so perfected and 
signed by them, or the major part of them, to commit to the collectors, 
constable or constables of such town or district, and to return a certifi- 
cate of the name or names of such collector, constable or constables, 
together with the sum total to each of them respectively committed, 
unto himself sometime before the last day of September next. 

[Sect. 3.] And the treasurer for the time being, upon the receipt of 
such certif [icate*], is hereby impowered and ordered to issue forth his 
warrants to the collectors, constable or constables of such town or dis- 
tricts, requiring him or them, respectively, to collect the whole of each 
respective sum assessed on each particul[ar*] person, before the last day 
of March next ; and of the inhabitants of the town of Boston, to collect 
their proportion sometime in the month of January foregoing, and to 
pay in their collection, and issue the accompts of the whole, [at or*] 
before the last day of May next, which will be in the year of our Lord 
one thousand seven hundred and twenty-three. 

Aiid be it further enacted by the authority aforesaid, 
[Sect. 4.] That the assessors of each town [and*] district, respec- 
tivel}', in convenient time before their making the assessment, shall give 
seasonable warning to the inhabitants, in a town meeting, or in posting 
up notifications in some place or places in such town or district, [or 
otherwise*] to notify the inhabitants, to give or bring in to the said as- 
sessors true and perfect lists of their polls and rateable estate ; and if 
any person or persons shall neglect or refuse so to do, or bring in a false 
list, it [shall] be lawfuU to and for the assessors to assess such person or 
persons, according to their known ability' in such town, according to 
their sound judgment and discretion, their due proportion to this tax, 
as near as [they can*], according to the rules herein given, under the 
penalty of twenty shillings for each person that shall be convicted by 
legall proof, in the judgment of the assessors, of bringing in a false list ; 

* Parchraent destroyed. 



[1st Sess.] Province Laws.— 1722-23. 257 

the said fine to be fo[r the*] use of the poor of such town or district 
where the delinquent lives, to be lev3'ed by warrant from the assessors, 
directed to the collector or constable in manner as is directed for gath- 
ering of town assessments, and to be paid in to the town treasurer or 
selectmen for the use aforesaid : saving to the party agrieved at the 
judgment of the assessors in setting such fine, liberty of appeal there- 
from to the court of general sessions of the peace within the county, 
for relief, as in case of being overrated. 

[Sect. 5.] And if the party be not convicted of anj' falseness in the 
list by him presented of polls, rateable estate and income by any trade 
or facult}' which he doth or shall exercise in gaining, by money or other 
estate, not particularly otherwise assessed, such list shall be a rule for 
such person's proportion to the tax, which the assessors may not exceed. 
\_Passed July 3 ; published July 9. 

* Parchment destroyed. 
33 



258 Peovince Laws. — 1722-23. [Chap. 9.] 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Eighth day of August, A.D. 1722. 



CHAPTEE 9. 

AN ACT TO ENCOURAGE THE PROSECUTION OF THE INDIAN ENEMY AND 

REBELS. 

For encouragem[ew]t to prosecute the Indian enemy and rebels, and 
to prevent their sculking and lying in wait in and about the frontier and 
out-towns, — 

Be U enacted by His Excellency the Governlouir, Council and Repre- 
sentatives in General Court assembled^ and by the authority of the same, 
[Sect. 1 .] That the following rewards be allowed and paid out of 
the publick treasury to an}^ company, troop, partj' or person singly who 
shall kill or take an}^ of the Indian rebels or enemies ; that is to say, — 
Encourage. First, to volunticrs without pay or subsistance, for the scalp of any 

•^cers widwut*' male Indian of the age of twelve j-ears or upwards, the sum of one 
pay or subsist, hundred pounds ; and for the scalijs of all others that shall be killed in 

ence, in the ser- ^ ' ^ 

vice against the fight, and the prisoners that shall be rendered to the commanding 
dians. officer of any regiment, company, troop or garrison, fifty pounds each, 

and the sole benefit of the prisoners, being women or children under the 
age of twelve 3'ears, and the plunder ; the prisoners to be transported 
out of the countr[e]y. 
To volunteers Secondly, to the voluntiers without pay, being subsisted and supplied 
being"uWbted, '^^^li ammunition, the sum of sixty pounds for each scalp of any male 
^'^- Indian above the age of twelve 5-ears, and for the scalps of all others 

and for prisoners taken and rendered, as aforesaid, the sum of thirty 
pounds each, and the sole benefit of the prisoners, as aforesaid. 
To parties issu- Thirdly, to any compau}', troop or part}' issuing forth upon an 
alarm. ^'^ '^^ al[l]arm against the enem}', over and above the establish[e]d pay, 
thirty pounds per scalp, and ten pounds for each prisoner taken and 
render[e]d, as aforesaid, and the sole benefit of the prisoners, as afore- 
said. 
To the regular Fourthl}', to the regular detach [e]d forces in the pay of the govern- 
forces. ment, the sum of fifteen pounds for each scalp, and five pounds for each 

prisoner, as afores[ai]d. » 

wwi'amr'i * '^^^ aforesaid respective rewards and what plunder may be taken, or 
der is to he di- ' the proceeds thereof, to be equally shared to and among the officers and 
vided. soldiers of any such company, troop or party proportionably to their 

wages ; the voluntiers to have equal shares, unless they otherwise agree. 
Wounded and [Sect. 2.] And if au}' voluuticr or detach[e]d soldier, as aforesaid, 
dierHo be'' ^^^^^ happen to be wounded or maimed in the service, he shall be cured 
taken care of. at the publick charge, and, (Juring the continuance of such Avound or 
maim, shall be allowed such stipend or pension as the gen[era.]l[l] court 
Volunteers on shall think fit to Order : provided, nevertheless, that such voluntiers as go 
to\ive 'thT'''Ii! ^^^ "P°^^ ^^^^ bounty of sixty pounds per scalp, shall first have the 
lowance of the allowance and approbation of his excellency the govern [ot(]r, or of one 



[2d Sess.] Province Laws.— 1722-23. 259 

or more of the field-officers of some regiment Tvithin this province, governor or 
[ejspecialh' appointed by tlie governour ibr tliat purpose, before they ^^^I'^-^^^er, &c. 
proceed to destro}^ or take the Indians, as aforesaid, ■\v[/w"]ch may entitle 
them to the aforesaid bounty. 

Ami be it further enacted by the authority aforesaid^ 

[Sect. 3.] That the abovementioued payments respectively to be Payment of the 
made for every Indian, as aforesaid, slain or taken, be ordered upon m.^'eupon 
rthel bringing in the ])risoner or producing the scalp of the dead per- tringingin 

L J o » 1 1 o 1 « 1 • • prisoners and 

son, oath being made before the governour or one or more ot his maj- making oath 
est[?/][ie]'s council, that it is, bond fide, the scalp of an enemy or rebel ^houtthe scalp. 
Indian killed or slain by him or them. 

[Sect. 4.] And if an}' person or persons shall produce an}'' scalp Penalty in case 
not being the scalp of an enemy or rebel Indian, slain as aforesaid, •u-inh ° 
intent to deceive and obtain the reward hereinbefore granted, and be 
thereof convicted, the person or persons so offending shall suffer three 
months' imprisonm[cn]t, and forfeit double the sum w[/i?']ch by v[/][e]r- 
tue of this act should have accrued to him or them for an enemy or 
rebel Indian bond fide slain, as aforesaid ; one moiety of such forfeit- 
ure to be unto his majesty for and towards the support of this govern- 
m[f»]t, and the other moiety to him or them that shall inform and sue 
for the same in any of his maj[esi?/'s][ies] courts of record within this 
province. 

Provided, 

[Sect. 5.] This act shall continue and be in force during the present Continuance of 
Indian war and rebellion, and no longer. \_Passed and pid)Ushed 
August 16. 



CHAPTEK 10. 

AN ACT FOR PUTTING THE INHABITANTS OF THE FRONTIER TOWNS 
WITHIN THIS PROVINCE INTO A POSTURE OF DEFENCE. 

Whereas, in this time of war[/-] the inhabitants of many of the Preamble. 
towns within this province are much exposed to the Indian enem}' and 
rebel[l]s, which renders it necessary that some places of defence be 
made for their reception, — 

Be it therefore enacted b.y His ExceUency the Governour, Council and 
Representatives in General Court assembled, and by the authority of the 
same, 

[Sect. 1.] That the military officers of each frontier town within Military oflicers 
this province, commissionated, together w[i]th the selectmen of the toonicrw^a" 
same, be hereby impowered and required to order what houses within fo°"fflg^f [j^ f°Q^^° 
such town shall be made defenceable, and in what manner, whether by tier towns. 
stockadoes, or by such other ways or means as they shall think most Z^^tintlhr '° 
fitting for the safety of the inhabitants ; but not to exceed the number number of 
allowed by the field-officers of the regim[e«]t in w[7i;"]ch such town is fortffled." 
s[c]ituate[c?] : the charge of building or making such defence to be f^'j[;i?fo°,e*^°"'" 
borne by the proprietors and inhabitants of such town, and assessed or bonfeby the 
proportioned l)y the selectmen or assessors, as other town charges are. *'°^'" 

[Sect. 2.] And wliere any house or houses in any town that have Houses before 
b[ee][i]n already put into a posture of defence, shall be pitched upon, to be appraised. 
as afbres[fn']d, to be a place of refuge for the inhabitants, the necessary 
cliarge that maj' have b[ee][i]u expended in fortifying such house[.s] 
shall be apprized by three persons upon oath, to be appointed by the 
military officers and selectmen of such towns, and the valuation so made 
(consideration being first had of the present state . and circumstances 



260 



Peovince Laws.— 1722-23. 



[Chap. 10.] 



Inhabitants to 
attend the work 
in person or 
with their 



Penalty. 



Field-officers to 
order the forti- 
fying houses, in 
case. 



Persons and 
families to be 
assigned to par- 
ticular Louses. 



Penalty for 
withdrawing. 



Penalty for re- 
fusing to re- 
ceive persons 
assigned to foi'- 
tified houses. 



Towns subject 
to this act. 



Continuance of 
the act. 



thereof) to be assessed, as afores[ai]cl, and to be repaid to him or them 
that shall have disbursed or laid out the same. 

[Sect. 3.] And in case of such order to put any house into a 
defenceable condition, every inhabitant (upon due notice given him by 
one of the selectmen, or such other as they shall appoint to inspect such 
business) shall be obliged to attend such work as he shall be ordered, 
either by himself, or with his team, on pain of forfeiting the sum of five 
shillings per diem for his not attending such work, and six shillings per 
diem for such as do not send their team ; w[/i("]ch forf [e/][ie]ture shall 
be recovered b}' complaint made by the selectmen of such town to one 
of his maj[e.s]ty's justices of the peace of the county wherein such 
town lyeth, and shall be emplo^^ed for defraying the charge of such 
4>uilding. 

[Sect. 4.] And if the military officers and selectmen of an}^ fron- 
tier town shall neglect to make suitable provision for the reception and 
defence of the inhabitants, that then the field-officers of the regim[e7i]t 
wherein such town lyeth, shall order what houses shall be made de- 
fenceable, and in what manner ; and in case of such order, the above 
rule to be observed with respect to the charge of building, obligation 
to labour, penalt[('"e][y]s and application of fines, as, also, in case of 
need of reparation of buildings already made, or to be made for the 
safety of the inhabitants. 

[Sect. 5.] And when a suitable number of houses are made safe 
and secure by direction, as afores[ai]d, that then the military officers 
and selectmen of the town shall order and appoint what persons and 
families shall retire thither and lodge therein ; and if any person or 
persons refuse so to do, or shall withdraw him or themselves from such 
place, without leave first obtained from the militar}^ officers and select- 
men of such town, he or they shall forfeit the sum of ten pounds, to be 
recovered by the selectmen or town treas[wre]r, in any of his maj[es]- 
ty's courts of record, and applied as is before directed. 

[Sect. 6.] And the owner of every house fortify [ejd at the town 
charge, that shall refuse to receive such of the inhabitants as shall be by 
the said military officers and selectmen allotted to him, shall be obliged 
to repay to the town the charge they have been at for fortifying his 
house, as afores[ai]d, to be recovered by the selectmen or town treas- 
urer, in any of his maj[es]ty's courts of record ; and shall also forfeit 
the sum of fifty pounds, to be recovered as afores[at]d. 

And be it further enacted by the authority afores\_ai^d, 

[Sect. 7.] That all the towns within the county of York, together 
with the towns hereafter p[a][e]rticularly enumerated, shall be subject 
to, and regulated bj-, this act ; that is to say, in the county of Essex, 
Salisbury, Almsljury, Haverhill and Andover ; in Middlesex county, 
Dracut, Chelmsford, Billerica, Dunstable, Groton, Lancaster, Westbor- 
ough, Shrewsbury, Worcester, Leicester and Rutland ; in Suftblk county, 
Sutton, Oxford and Woodstock ; in the county of Hampshire, Spring- 
field, Brookfield, Brirafield, Sunderland, Hadley, Northfield, Deerfield, 
Hatfield, Northampton and Westfield. 

[Sect. 8.] This act to continue and be in force during the present 
war[r] and rebellion of the Indians, and no longer. [^Passed and pub- 
lisJied August 16. 



[3d Sess.] Province Laws.— 1722-23. 261 



ACTS 

Passed at the Session begun and held at Boston 
ON the Fifteenth day of November, A.D. 1722. 



CHAPTEK 11. 

AN ACT FOR PUNISHING OF OFFICERS AND SOLDIERS RETAINED IN HIS 
MAJEST[r] [IE] 'S 'SERVICE AND PAY. 

Whereas, no man may be forejudged of life or limb, or subjected to Preamble, 
an}' kind of punishment b}^ martial law, or in any other manner than ^ee 1,04-5, chap. 
by the judgment of his peers, and according to the known and estab- 
lished laws of this proA'ince ; yet, nevertheless, it being necessary, for 
retaining such forces as are and shall be raised for his majcst[?/][ie]'s 
service, in this time of war[r] with the Indian enemy and rebel[l]s, for 
the safety and defence of this province, and of his majest[7/][ie]'s sub- 
jects and interests with the same, in their dut}', that an exact discipline 
be observed, and that soldiers in the service, and under pay, be brought 
to a more exemplary and speedy punishment than the usual forms of 
law will allow, — 

Be it therefore enacted by the Lieute7iant-Governoicr, Council and 
Representatives in General Court assembled, and by the authority of the 
same, 

[Sect. 1.] That every person that shall be in his majest[y] [ie]'s Officers and soi- 
service, being mustered and in pay as an officer or soldier, who shall, at fshed for'cf?'^'^' 
any time during the continuance of this act, commit any of the offences fences, 
hereinafter enumerated, shall be subject and l[i][y]al3le to the pains 
and penalties herein respectivel}^ assigned and annexed thereto, and to 
be inflicted in manner as hereafter is directed ; that is to say, — 

I. All officers and soldiers (not having just impediment) shall dili- Fornegie3tof 
gently frequent daily pra3'ers, and the puljlick worship of God on the '^"^® seivice. 
Lord's da^-s, in such places as shall be appointed for the regiment, com- 
pany or garrison to which the}' belong ; and such as either wilfully or 
negligentl}' absent themselves from prayer or divine service, or else, 

being present, do behave themselves indecently or irreverently during 
tlie same, if they be officers, they shall be severely repre[ma][he]nded 
at a court mar[^«a?] [shall], but, if private soldiers, they shall, for every 
such first offence, forfeit, each man, twelvepence, to be deducted out of 
their next pay ; and, for the second offence, shall forfeit twelvepence, 
and be laid in irons not exceeding twelve hours ; and, for every like 
offence afterwards, shall suffer and pay in like manner. 

II. Whosoever shall use any unlawful oath or execration, shall be Swearing and 
punished by 13'ing in the bilbo's, not exceeding twelve hours, or running '^"''^^'^s- 
the gantlet [t]. 

III. If any officer or soldier shall presume to blaspheme the holy Blasphemy. 
and undivided Trinit}', or the persons of God the Father, God the Son, 

or God the Holy Ghost, he shall have his tongue bored through with a 
red-hot iron. 

IV. If au}^ officer be found drunk, the day of his guard, he shall be Drunkenness. 



262 



Peovince Laws.— 1722-23. [Chap. 11.] 



Theft and rob- 
bery. 



Mutiny and 
desertion. 



Encourage- 
ment to appre- 
hend deserters. 



Sedition and 
mutiny. 



Negligence 
upon the guard. 



Not keeping 
silence. 



Resistance and 
striking or 
drawing upon 
a superior offi- 
cer. 



Spoiling, losing 
or playing away 
arms. 



Embezzling or 
selling ammu- 
nition. 



cashiered for it, and, for being drunk at any other time, shall paj' the 
sum of ten shillings ; and if any soldier shall be found drunk, he shall, 
for the first offence, be admonished, and, for every after offence, shall 
paj' the sum of five shillings, to be deducted out of his wages ; and if 
he happen to be drunk when he is upon dut}-, over and above the said 
payment, he shall ride the wooden horse not exceeding one hour. 

V. If any person, in his majest[^/][ie]'s service and the pay of this 
government, commit robbery and theft, he shall be punished b}' running 
the gantlet, or such other proper military punishment as, by a court- 
mar[^/a/] [shall], may be determined, according to the degree of the 
offence and aggravating circumstances therein, and make restitution 
and satisfaction for the same ; and if not otherwise able, then to be de- 
ducted out of his pa}^ or wages. 

VI. No officer or soldier shall presume to excite, cause or joyn in 
an}' mutiny or sedition in the army, company, fortress or garrison 
whereto he belongs, or shall desert his majest[7/][ie]'s service in the 
army, company, fortress or garrison whereto he belongs, on pain of 
death, or suffering such other punishment as shall be inflicted by a 
court-martial, or by the justices of assize, before whom he shall be con- 
victed, in the county where he shall be taken, in case he have not been 
trj'Cd before. a court-martial. 

And, for the better encouragement of any person or persons to appre- 
hend and secure such deserters, — 

Whoever shall, with or without a warrant, apprehend any deserter, 
and convey him to one of his majest[?/][ie]'s justices of the peace, 
shall receive forty shillings out of the publick treasury, to be paid upon 
producing such justice's certificate, and to be deducted out of such 
deserter's wages in the next muster-roll. 

VII. And whosoever shall utter [any] words of sedition or mutiny, 
shall lo[o]se and forfeit his wages, and be laid neck-and-heels, not 
exceeding the space of one hour. 

VIII. A centinel who shall be found asleep or negligent of his duty, 
in any fort or garrison where he shall be placed, and [every] [aTiy] 
centinel or perdue that shall forsake his place before he be relieved or 
drawn off, or, upon discovery of the enemy, shall not give warning 
thereof to his quarters, according to direction, he shall suffer death, 
or some other grievous punishment, by loss of his pay, running the 
gantlet [t], and such other proper military punishment as, by a court- 
martial, shall be determiined, according to the degree of the offence and 
circumstances aggravating the same. 

IX. Every soldier shall keep silence when the army is marching, 
embatt[eZ/][le]ing or taking up their quarters (to the end that their 
officers may be heard, and their orders executed) , upon pain of impris- 
onm[en]t, or being laid neck-and-heels by the space of one hour. 

X. No inferiour officer or soldier ma}' refuse to obey his superiour 
officer, or presume to resist, strike, or lift up his hand to strike, draw, or 
offer to draw, any weapon against him, upon any pretence whatsoever, 
on pain of being punished by cashiering, running the gantlet, riding the 
wooden horse, or being laid neck-and-heels, or laid in irons ; according 
to the degree of the offence and circumstances aggravating the same. 

XI. If any soldier shall wilfully spoil, lo[o]se or play away his 
arms, he shall remain in the quality of a pioneer or scavinger, until he 
be furnished again with as good arms, at his own charge ; and if he be 
not otherwise able, the one-half of his pay shall be deducted and set 
apart for the providing him therewith until he be refurnished. 

XII. None shall presume to spoil, sell, convey away or imbezel any 
ammunition delivered to him, on pain of riding the wooden horse one 
hour, and having the value of the same deducted out of his wages. 



[SdSess.] • Province Laws.— 1722-23. 263 

All pains and penalties, for breach of any of the aforegoing articles, Penalties not 
not extending unto life, may be inflicted by the chief commanding oflicer i'ifc.''orYimb° to 
of the regiment, or the commission ofllcers of any particular company, ^j^^ g^j'^^f^ij'y 
fortress or garrison. 

And be it further enacted by the authority aforesaid^ 

[Sect. 2.] That the captain-general or commander-in-chief of this Governor and 
province, for the time being, during the continuance of this act, shall cWc™to"^nlnt"' 
have full pow^r and authority, by and with the advice and consent of cummission tor 
the council, to grant commission to any colonel, or other field oflicer in '^^^^ ^'^^^ 
his majest[?/][ie]'s service, and under pay, fi'om time to time to call and 
assemble courts-mar[«m7] [shall], for the hearing and punishing of any 
of the offences, afores[oi'"Jd, that may be punished with death ; and that 
no court-mar [ifm/] [shall] shall consist of fewer than eleven, whereof 
none to be under the degi-ee of a commission oflicer under pay ; and 
the president of such court-martial not to be under the degree of a. field 
oflScer, or the then commander-in-chief of the forces, under pay, where 
the offender is to be tryed. And that such court-martial shall have 
power to administer an oath to any witness, in order to the due exam- 
ination or tryal of such offences, — 

Provided alicays, and be it enacted, 

[Sect. 3.] That in all tryals of offenders by courts-mar[^ta?] [shall], Members of 
to be held by v[^][e]rtue of this act, every oflScer present at each tryal, to be under '^ 
before any proceeding be had thereupon, shall take an oath before the °^^'^- 
courts and a justice of the peace, if any shall be there present ; other- 
wise, the president of such court, being first sworn by two members 
thereof, shall administer the oath unto the others ; and the president of 
such court, and any two other members thereof, respectivelj-, are hereby 
authorized to administer the same, in these words ; that is to say, — 

You shall well and truly try and determine, according to your evidence, Oath, 
the matter now before you, between our sovereign lord the king and the pris- 
oner now to be tryed. So help you God. 

[Sect. 4.] And no sentence of death shall be given against any Number of the 
offender, by any court-martial, unless nine of the eleven officers present in"h"6°entencJ. 
shall concur therein ; and if there be a greater number of ofllcers pres- 
ent, then the judgment shall pass by the concurrence of the greater 
part of them, so sworn [e], which major part shall not be less than nine ; 
and not otherwise. 

[Sect, 5.] And no proceeding or tryal shall be had upon any of- Time ofthe 
fence but between the hours of eight of the clock in the morning, and '=°''''''^ *'"'°^- 
one in the afternoon. 

[Sect. 6.] Nor shall any sentence of death, passed by any court- Governor or 
martial upon any offender, be put in execution, until report be made of ch™f\o"give^' 
the whole matter, by the president of such court, unto the captain-gen- order for put- 
oral or commander-in-chief of this province for the time being, in order le"|einexe'. 
to receive his direction therein ; and the prisoner shall be kept in safe cution. 
custody in the mean time. And the provost-marshall shall have a war- 
I'ant, signed by the president of the court, to cause execution to be done, 
according to the sentence, before the same be executed. • 

Provided always, 

[Sect. 7.] That nothing in this act contained shall extend or be Provisos. 
construed to exempt any oflicer or soldier, whatever, from the ordinary 
process of law. « 

Provided, 

[Sect, 8.] That no oflScer or soldier, after his being dismissed and 
out of pay, shall be tryed by a court-martial for any offence committed 
during his continuance in the service, but such officer or soldier shall 

* Sic. 



264 



Province Laws.— 1722-23. • [Chap. 12.] 



Continuance of 
the act. 

Act to be pub- 
lished in the 
companies. 



be left to be tiyed by the course of the common law ; any usage or 
custom to the contrary notwithstanding. 

Provided also, 

[Sect. 9.] That this act shall continue and be in force during the 
l^resent war[r] with the Indian enemy and rebels, and no longer. 

[Sect. 10.] And that the same be published by the captain or com- 
manding officer of every company, fortress or garrison, unto the sol- 
diers thereto belonging, upon his first receipt thereof, and so once a 
month, from time to time. l_Passed January 15 ; joubUshed January 
19, 1722-23. 



CHAPTEE 12. 

AN ACT FOR THE FURTHER ENCOURAGEMENT AND REGULATION OF 
THE OFFICERS AND SOLDIERS, RETAINED IN HIS MAJEST[F][IE]'S 
SERVICE AND PAY OF THIS GOVERNMENT. 



Captains, &c., 
to deliver pro- 
visions and 
other stores. 

To be allowed 
£3 per month 
for their care. 



None to supply 
soli.liers but out 
of the jjublic 
stores ; 

— nor at higher 
rates than they 
were bought 
for. 



None to credit 
soldiers for 
clothing, &e. 

No process to 
be granted for 
debts contract- 
ed in the ser- 
vice. 



Proviso. 



Be it enacted by the Lieutenant-Oovernour, Council and Representa- 
tives in General' Court assembled, and by the authority of the same, 

[Sect. 1.] That the captains or chief oflScers of each company shall 
receive all the provisions, stores and supplies for their respective corn- 
pan}", and give receipts for the same, and deliver them out to the sol- 
diers under his or their command accordingl}", and be allowed and paid 
out of the pul)lick treasury for such his care and trouble, after the rate 
of three pounds per month for fifty men, and so in proportion. 

[Sect. 2.] And no oflicer or soldier retained in the service and 
pay of this government, shall' supply the soldiers with any stores what- 
soever, of their own or otherwise, than out of the supplies and necessa- 
ries sent from the publick treasury. And the soldiers shall receive no 
supplies or stores at a higher price than they are purchased at by the 
treasurer. And the commanders who deliver out the said stores, shall 
be under oath to supply the oflScers and soldiers according to the orig- 
inal invoices received of the treasurer, upon the forfeiture of fiftj^ pounds 
for either of the said oflfences. 

And be it farther enacted by the authority aforesaid, 

[Sect. 3.] That if anj^ person vrhatsocver, other than such as are 
by this act appointed, shall trust or give credit to any soldier during 
his being actually in the service, for cloathing, or other thing whatso- 
ever, no process shall be granted or served on such soldier for any 
debt so contracted, until[l] he be dismiss[e]d the service ; and every 
writ[t] or process granted or served contrary hereto, shall be deemed 
and judged void in law, and of none effect. And any justice of the 
peace within the county where any soldier is committed or restrained 
upon process granted for debt, or pretension of debt made, as aforesaid, 
upon certificate from the captain or chief oflicer, under whose command 
such soldier is (setting forth, that at the time of such debt contracted, 
he then was and still continues a soldier under the pay of this govern- 
ment), shall forthwith order his release from confinement, to return to 
his duty. 

Provided, 

[Sect. 4.] That no person bona fide and justly indebted to another, 
shall be suffered to defeat his creditor by voluntaril}" enlisting or hiring 
himself into the service, thereby to avoid or delay i)ayment, and be pro- 
tected from the law ; but in such case, upon application made by the 
creditor to the captain-general or [the'] commander-in-chief, for t!ie time 
being, setting forth hi.s'just debt before contracted ; such person shall 



[3d Sess.] Province Laws.— 1722-23. 265 

be immediately dismiss [e]cl the service and left open to the law ; any 
law, usage or custom to the contrary notwithstanding. 

And be it further enacted by the authority aforesaid, 

[Sect. 5.] That no officer, soldier or other person whatsoever, re- No person to 
tained in the service of this governm[en]t, shall supply the soldiers goid[c™uuder 
with rum or strong drink, more than their stated allowance from the penalty.' 
province, upon forfeiture of ten[n] pounds, for every offence. 

And be it further enacted by the authority aforesaid, 

[Sect. 6.] That no soldier, being a son under age or [a] servant What pan of 
shall be allowed to take up of the publick stores for cloathing, or other ^^ers maf^ake'' 
necessaries more than one-half of their pa}', nor any other soldier more "p- 
than two-thirds of his pay or wages. 

[Sect. 7.] And no soldier in the service of the governm[en]t shall SoHiersnotto 
be allowed to pawn, truck, barter or exchange with any person whatso- Hrdr\°othi"? 
ever, any arms, ammunition or cloathing ; and all arms, ammunition or ov arms, 
cloathing pawn[e]d, truck'd, barter[e]d, or exchanged as aforesaid, shall 
be restored and made good without any price or redemption for the 
same, to be render[e]d or given ; and the soldier or soldiers offending Penalty. 
in making such pawn, truck, barter or exchange, and in accepting or 
receiving of the same, shall be punished by lying neck-and-heels, or 
other proper military punishment. 

And be it further enacted by the authority aforesaid, 

[Sect. 8.] That if any captain or commanding officer shall use or Penalty for 
allow of any deceit or cousenage by continuing the name of any soldier ^^^^^ musters. 
upon the roll that is discharged, dead, run, or turn[e]d over to another 
company, or by entering him sooner than by law he ought to do, every 
such captain or commanding officer shall lose and forfeit the sum of 
fift}' pounds, and be forthwith cashiered and displaced from his office, 
and be disabled to have or hold an^' military office or employment in 
his majest[j/][ie]'s service within this province. 

[Sect. 9. j And no commanding officer of any company shall pre- Penalty for dis. 
sume to dismiss or exchange any officer or soldier under his command, wUhoiS order.' ^ 
without express order from the captain-general or commander-in-chief, 
for the time being ; and upon receipt of such order directed to him for 
the dismission or exchange of any officer or soldiers, he shall not 
directly or indirectly demand, take or receive any fee, paj-ment, con- 
sideration or gratuity whatsoever, or the promise thereof from any per- And for recoiv 
son whatsoever for such dismission or exchange, upon the like penalty ing money for 
of fifty pounds, and of being cashiered and disabled, as aforesaid. sion! '^'^^^" 

[Sect. 10.] And no captain or commanding officer of any company No more than 
or party shall have more than two men absent from their posts upon {jg absent'lt a* 
furlow at one and the same time, excepting such as are sent for b}' the time, and but 
special order of the captain-gen [€rct]l[l], nor shall grant a furlow or "'^^'^'^y^- 
pass to any of his men for more than ten or twelve da^'s' time, on the 
penalty of forfeiture of one month's pay, to be subducted out of his 
wages. 

And be it further enacted by the authority aforesaid, 

[Sect. 11.] That all commanding officers of marching or scouting Journals to be 
forces retain [e]d in the pay of this government, over and above render- retary's^office!' 
iug such account to the captain-gen [era ]1[1] or commander-in-chief, for 
the time being, as he shall require, shall transmit fair journals of their 
proceedings once in three months at least into the secretar[?/][ie]'s 
office, on penalty and forfeiture of one month's pay for each offence, to 
be subducted out of his wages. 

[Sect. 12.] And all the other fines, penalties and forfeitures con- Recovery and 
tained in this act shall be recovered in any of his majest[?/][ie]'s courts ^^I'g^*"^^ °*^ 
of record within this province, the one half for and towards the sup- 
34 



266 



Province Laws.— 1722-23. [Chap 13.] 



Term of this 
act's continu- 
ance. 



j)ort of this government, and the othex' moiet}^ to him or then that 
shall inform and sue for the same. 

[Sect. 13.] This act to continue and be in force to the end of the 
session of the general assembly in Ma}', one thousand seven hundred 
and twent^'-four and no longer. [^Passed January 15 ; published Jan- 
uary 19, 1722-23, 



CHAPTEE 13. 

AN ACT FOR ALTERING THE TIME FOR HOLDING THE COURT OF GEN- 
ERAL SESSIONS OF THE PEACE, FOR THE COUNTY OF SUFFOLK. 



Preamble. 

1699-1700, chap. 

1, § 2, aud chap. 

2, § 2. 



Time of the 
court of gen. 
eral sessions 
of the peace 
sittiuar. 



All matters 
which should 
have been 
heard on the 
first Tuesd.ay of 
January, to be 
heard at this 
court. 



Venires to be 
issued for jury, 
men. 



Time of the 
act's continu- 
auce. 



Whereas the court of general sessions of the peace, and inferiour 
court of common pleas for the county of Suffolk, are by law appointed 
to be held on one and the same day, which, b^^ reason of the great 
increase of business in both these courts, necessarily occasions a great 
and needless expence both of time and money ; not onl}^ the justices 
but sundry persons summoned on behalf of his majesty on tryals 
against criminals (some of whom ofttimes live remote from the place 
of the court's sitting) being obliged to attend much longer than they 
would do if the court of general sessions of the ])eace and inferiour 
court of common picas had their separate and distinct days of sitting ; 
by which custom, if continued, his majest[^v][ie]'s good subjects may 
be discouraged in their informing against and prosecuting several 
breaches of [the'] law, — 

Be it therefore enacted by His Excellency the Governour,, Council and 
Representatioes in Genercd Court assembled, and by the authority of the 
same, 

[Sect. 1.] That the court of general sessions of the peace for the 
count}^ of Suffolk, shall be henceforward holden at Boston for the 
county of Suffolk aforesaid, on the "Wednesday next immediately pre- 
ce[e]ding the time appointed by law for holding the inferiour court of 
common pleas, at Boston aforesaid, for the count}^ of Suffolk aforesaid. 

And be it further enacted by the authority aforesaid, 

[Sect. 2.] That all appeals, inditements, recognizances and other 
process already issued which should have been heard and tryed before 
the court of general sessions of the peace at Boston, for the county of 
Suffolk, on the first Tuesday of January next, shall be heard and tryed 
at the court of general sessions of the peace at Boston, for the county 
of Suffolk aforesaid, on the Wednesday next immediately preceding the 
first Tuesday of January next ; and all officers, grand jurors, and 
others concerned herein are to conform themselves accordingl}'. 

And be it further enacted by the authority c foresaid, 

[Sect. 3.] That venires be issued out of the clerk's office of the said 
court, returnable on the second day of the court's sitting, for sixteen 
persons qualified by law to serve as jurors at such courts, who shall be 
exempted from serving as jurors at the inferiour court of common 
pleas next following ; any law, usage or custom to the contrary not- 
witlistanding. 

[Sect. 4.] This act to continue and be in force for the space of 
three years from the publication thereof, and no longer. \_Passed No- 
vember 30 ; pitblished December 3. 



[3d Sess.] PijoviNOE Laws.— 1722-23. 267 



CHAPTEB 14. 

AN ACT FOR REVIVING AN ACT, ENTITUL[JE]D, AN ACT TO PREVENT THE 
OPPRESSION OF DEBTORS. 

Whereas an act entituled " An Act to prevent the oppression of ^J^^^^\^ 
debtors," made nnd pass[e]d in the eleventh year of her late majesty iTis-ie', chap.' 
Queen Ann[e], and re-enacted in the second ^ear of his present ma- ^3. 
jesty, bnt now expired, was found to be very beneficial to his majesty's 
subjects of this province, and tlie reasons for making the said act still 
continuing, — 

Be it enacted by tJie Lieutenant-Gover7i\^ou']r, Council and Repre- 
sentatives in Gen[era']l Court assembled, and by the authority of the 
same, 

That the said act be and hereby is revived and re-enacted ; and that ?^o i^an to be 
from and after the publication of this act, no debtor for any debt made tendersWs debt 
[or] [and] contracted, since the thirtieth day of October, anno one Jn buis of credit. 
thousand seven hundred and twenty-two, or that shall be contracted 
before the last day in October, one thousand seven hundred and thirty, 
(specialties and express contracts in writing alwaj's excepted), that Specialties 
shall tender satisfaction and payment of his full debt in good and law- ^^'^''P*® • 
ful bills of credit on this province, shall be lyable to have execution 
served and levied upon his person or estate, or be imprisoned upon any 
recovery of judg[e]ment to be granted agai[7is]t him for such debt; 
any law, usage, or custom to the contrary notwithstanding. [^Passed 
Janu/:iry 15 ; published January 18, 1722-23. 

Notes. — There were bnt three sessions of the General Court this year. The third ses- 
sion, which ended January 19, 1722-3, was prorogued to INlarch 6 ; and again, February 
18, to April 14, 1723 ; but, on the fourth of April, was dissolved by proclamation. 

The engrossments of all the acts of this year arc preserved; and all, except chapters 6, 
7 and 8, were printed. 

The following arc the titles of the private acts passed this year : — 

" An Act to Enaljle Edward Jaclison of Newton in the County of Middlesex Farmer to 
file Reasons of Appeal from the Decree or Sentence of the Hon'"'^' Francis Foxcroft Esq'' 
Judge of Probates for the County of Middlesex passed on the fifth of February 1721, 
Relating to the Administration of the Estate of Jonathan Jackson (supposed to be dead) 
which was granted to Sarah Jackson Mother & Joseph Jackson Brother of the said Jona- 
than Jackson." — [Passed June 19. 

"An Act to Enable Tliomas Smith of Ipswich in the County of Essex Liholderto 
Review an Action Iirought against him l)y William Baker of Boston in the County of 
Sufiblk Baker Administrator to the estate of Nathaniel Baker late of said Boston Baker 
Deceased." — [Passed June 19. 

" An Act for Contii-ming three Acres of Upland and Meadow Scituate in Beverly unto 
Sarah Patch One of the Daughters /fe Coheirs of John Patch late of Beverly aforesaid, 
Dec^' Intestate." — [Passed December 15. 

" An Act in Addition to and Explanation of a Private Act Intituled An Act to enable 
Hugh Hall Jan'' to redeem the Estate of His late Grandfather Benj' Gibt)s Dec' scituate 
in Boston in Hanover Street passed at a Session of y'= Gen" Assembly held at Cambridge 
by [a*]djo[urnm*]' March 2' 1721."— [Passed January 16, 1722-3. 

" An Act Enabling John Usher Esq'' to prosecute an Apjjcal at the Next Snpcri'' Court 
to he Held for the County of Middlesex at the Suit of John Foye Esq'" — [Passed January 
18, 1722-3. 

" An Act for the enabling Jonathan Blake, George Sumner, "William Sumner and Ed- 
ward Sumner to have a New Tryal upon a Presentment or Indictment found against them 
by the Grand Jury for the County of SutFolk at a Court of Assize held for the said County 
at Boston, on thefirst Tuesday of November 1719." — [Passed January 18, 1722-3. 

All of the public acts of this year, except chapters 3, 4, 6, 7 and 8, were included in the 
list of acts sent by the Lords of Trade to Mr. West, October 1-5, 1724, for his opinion 
tlicreon. In Mr. West's report, dated May 17, 1725, he states that he has no objection to 
the confirmation of chapters 1, 5, 9, 10, 11, 12 and 13. To chapter 14 he gives a qualified 
assent, and his comments on this chapter, and upon chapter 2, are hereunder given in the 
notes to those chapters respectively. Chapter 8 was specially considered by the Board as 
early as November 14, 1723, by order of a committee of the Privy Council. The proceed- 
ings of the Board and of the Privy Council upon this chapter are shown in the note to 
that chapter, post. 

* Obliterated in the engrossment. 



268 Province Laws.— 1722-23. [Notes.] 

Chap. I. "June 3 1743. A Certificate signed by tlie Surveyors of Canvas, importing 
that tljc.y liad surveyed two pieces of Canvas manufactured by Jonathan Smith of Hadley 
& found tlieni to be conformable to the Order of the General Court. 
In the House of Representatives ; On a Motion made and seconded : — 
Ordered that the Treasurer be directed to pay the Premium allowed by a law of this 
Province, to the within named Jonathan Smith, the said Law being expired notwithstand- 
ing. In council; Read and Concur'd Consented to W.Shirley." 
— Couticil Records, vol. XVII., book 4, ^j. 35. 

Chap. 2. " My Lords, in obedience to your Lordshipps' commands I have perused & 
considered an Act passed in the Province of the Massachusetts Bay in New England in 
1722, Entitulcd An Act to enable the Overseers of the Poor and Select Men to take care 
of idle & disorderly persons. 

The intention of this Act is very specious But it is worded in so loose a manner that it 
puts every man into the power of the Selectmen of every Town and therefore I submit to 
your Lordshipps' if it is proper to bee pass'd into Law." — Report of Mr. West, to the Lords 
of Trade, May 17, 1725; Pub. Rec. Office, " Mass. Bay, B. 'IV' vol. 72, F.f. 51. 

Chap. 3. " June 6, 1721. M' Speaker and the Represent^'^^ being come up His Excel- 
lency made a Speech to both Houses in the following Words ; Viz., 

'Gentlemen, Having lately received an Additional Instruction from his Majesty Relat- 
ing to the Issuing of the Bills of Credit of this Province I shall Communicate it to yon, 
As being a Matter of Great Concern both to the Government & Trade of this Countrcy, 

And since It has pleased Almighty God in his holy Providence so to Order it. That this 
Session of the General Assembly is held at Cambridge & not at Boston (As it used to he) 
I hope yon will the sooner go through with the necessary Affairs of the Government, 
Wherein as Yon shall not want my Concurrence & Assistance, So I shall Depend on your 
ready and cheerful Support & Encouragement.' 

His Excellency having ended his Speech, Dcliver'd a Copy thereof to the Speaker And 
Dismissed the House to their Business." — Cotmcil Records, vol. XL, p. 156. 

" June 10. 1721. In the House of Representatives ; His Excellcncys Additional Instruc- 
tions from the Lords Justices Dated at Whitehall the 27"' of Septem'' 1720. being Read, 
Debated upon, And the House differing in their Apprehensions about the true Meaning 
thereof; 

Ordered that Elisha Cook Esq"" William Dudley Esq'' & Cpt. John Gardner be a Com- 
mittee to wait on his Excellency the Govern'' & to Desire his Explanation of them. That 
this House may know How to Act thereon. 

In Council ; Read, And thereupon The Secretary went down on a Message to the Rep- 
resentatives, That his Excellency desires They would send in Writing what particular 
Difficulty they meet with in Explaining the said Instruction." — Ibid., p. 162. 

"June 13. 1721. In the House of Reprcsent^'es Whereas this House on Saturday last 
pass'd a Resolve & sent up to his Excellency the Govcrnour, Praying his Explanation of 
the Instruction to him from the Lords Justices, Touching his Passing Acts for the (Striking 
or Issuing Bills of Credit in the Lieu of Money or for Payment of ISIoney &c. Where- 
upon his Excellency sent a Message to the House by M'" Secry. Willard, That he would 
Lave the House inform wherein the Difficulty of the Instruction consists ; Now foi'asmnch 
as by the Instruction His Excellency is not to give his Assent to the Passing of Acts for 
the Striking or Issuing of Bills of Credit in Lieu of Money or for the Payment of Money 
either to himself or any of his Majesties Council or Member of the Assembly or any 
other Person whatsoever without Inserting a Clause in the said Act as therein mention 'd 
And then comes an Exception [Except Acts for Raising & Settling a Publick Revenue for 
Defraying the necessary Charges of the Government according to the Instruction already 
given] Whether by that Exception is meant that the Governour may give his Assent to 
aa Act or Order for Raising & Settling a Revenue. That is by Fixing a settled Salary on 
hnnself & other Officers intlic Government without Inserting the aforesaid Clause in the 
said Act, Or If what is given to his Excellency or any others by Way of Allowance as 
heretofore hath been accustomed, His Excellency is not to Assent to any such Order or 
Act of Allowance without having the aforesaid Clause inserted is uncertain to this House ; 
And the Instruction referring to i'ormer Instructions W'^^'' this House hath not been favoured 
with & so cannot know the Meaning of. 

Wherefore to prevent all Misunderstanding & to keep & maintain a good Agreement & 
Harmony lietween His Excellency & this House, They are desireous That his Excellency 
would lie ]ilc;iscd to signil'3^ to them How he apprehends & takes those instructions As to 
his Power of Passing Acts for the Issuing of more Bills of Credit in Lien of Money or 
for Payment of Money for the necessary Charge of the Government." — Ibid., p. 163. 

"June 14. 1721. In Council; His Excellency having Communicated the Message of 
the Hon''!'^^ House of Represent"'^ Referring to his Majesties Additional Instruction ; 

The Council are unanimously of Opinion That his Majesties said Additional Instruction 
does not affect the usual Allowance granted to his Excellency the Governour for his Sup- 
port in Managing the Aftairs of the Government or any other Ordinary Grants or Allow- 
ances made by the General Assembly from Time to Time to other Persons or OlHcers 
concei'ncd in the Government But that such Gi'ants or Allowances may be made without 
the Clause mentioned in the Instruction in the same Manner as has been hitherto Practiced 
by the General Assembly. Such Allowances & Grants being Part of y^ necessary Charge 
of the Government of the Province For the Defraying of which the Acts for Laying & Rais- 
ing of Taxes & Settling the Revenue are made And can not by any reasonable Construction 
be look'd upon as an Act or Acts of an unusual or extraordinary Nature Or wherein his 
Majesties Prerogative or the Property of his Subjects is prejudiced. 

The Opinion of the Council is Agreeable to my own Sentiments in this Matter & I 
shall Act accordingly (Signed) SamJ-i- Shute." 

— Ibid., p. 165. 



[XoTES.] Province Laws.— 1722-23. 269 

• 

Chap. 7. " Jniie 30"' 1722. In the House of Representee's Resolved that whereas the 
Act for Granting to his Majesty several Dnties & Rates of Impost & Tniinage of Shipping 
oliliges the Importer of all Wines, Liqnors, Goods, Wares & Merchandize imported into 
any Part of this Province (ExcA-pt as in the said Act is Excepted,) to pay certain Rates & 
Duties of Imi)OSt, Notwithstanding winch There are great Quantities of Liqnors, & Mer- 
chandize brought into the Ports or Harbours that pay no Duties, Resolved that tlic Com- 
nli^^ioners of impost snl).stitute & appoint meet suitaljlc Pei'sons Deputy Receivers in the 
following Ports & Harbours ; That is to say ; — One in the Portoi^Harliour at Newbury ; — 
One in the Port or Harbour of Plimouth; — One in the Port or Harbour of Barnstaljlc; — 
One in the Port or Harbour of Kittery ; — One in the Port or Harljour of Swanzey ; — One 
in the Port or Harbour of Edgar Town ; One in the Port or Harbour of Nantucket ; — Re- 
quiring them to take Special Care that the Act be duly observed & that they inform 
against all Breaches of the said Act. 

In Council ; Read & Concur'd : — Consented to, Sami-i- Shute." 

— Council Records, vol. XI., jj, 341. 

C/iap. 8. A history of the interesting and important controversy between the inhabitants 
of the towns of Dartmouth and Tiverton and the General Court, respecting the power of 
the legislature to oblige towns to sup))ort ministers against the will of a large majority of 
the inhabitants and legal voters, might have been given as an appropriate commentaiy 
npon 170G-7, chap. 9, or 171-5-16, chap. 17, as illustrating the conflict between those acts 
and the provisions of the charter guaranteeing liberty of conscience ; but, according to the 
plan pursued in the editing of these volumes, the i-easons moving the Privy Council to 
remit a portion of the taxes upon those towns, come more properly in a note to the act 
so modilicd or disallowed, and are therefore hereunder given with a fullness of detail which 
it is believed the importance of the subject warrants. 

The records of tlie to^\'n of Tiverton, prior to 1760, are supposed to be lost; and the 
records of the court of sessions tor Bristol count}', between 1719 and 1724, are also missing. 
From the town records of Dartmouth, however, the doings of the inhabitants in their op- 
position to this law have been gathered by comparing the somewhat mutilated entries 
touching this subject. 

As early as 1704, the General Court, by the following order, had authorized Mr. Gard- 
ner, a lu'cachcr at Dartmouth, to join persons in marriage, there being no ordained minister 
in the town : — 

" November 17"^ 1704 Upon Reading the Petition of M'' James Sampson Representative 
of the Town of Dartmouth setting forth that the said Town is at present destitute of an 
ordained Minister so that when any would join together in Marriage, they are necessitated 
to be at Trouble & Charge of Travelling twenty or thirty Miles to the next Justice of the 
Peace. Praying that M'' Gardner a Preacher of the Gospel in the said Town may be per- 
mitted to join Persons in Marriage in the said Town, Pursuant to the Directions in the Law, 
so long as he shall continue a Preacher in the said Town, With the Order pass'd in the 
House of Representatives thereon; Viz, That the Prayer of the said Petition be granted. 

Voted a Concurrence : — Consented to, J. Dudley." 

— Council Records, vol. VIII., jy. 94. 

Nearly four years later the General Court provided a minister for Dartmonth, by the 
following resolve appointing to that office Rev. Samuel Hunt who had been otHciating at 
Dunstal)le, and had served, also, as chaplain in the expedition to Nova Scotia : — 

" June 8'!' 1708 Whereas It has bin reported & represented to this Court at a Session 
in the Year past, by her Majesties Justices of the Court of General Sessions of the Peace 
f(R' the County of Bristol sitting in Court, That the Town of Dartmonth within the said 
County, having been several Times presented, & complained of for not Providing them 
selves of a Minister, as Ijy Law is directed, and that the necessary Orders by theni made 
thereupon, as by Law they arc inipower'd,not being duly observed, but eluded, & rendcr'd 
ineffectual for remedy thereof; They remaining destitute of such a Minister; And M'' 
Samuel Hunt ISIinister having been lately treated, & prevailed with to go, & reside there, 
& servo them in the Work of the INIinistry ; 

Resolved that the said M"" Hunt be sent to the said Town of Dartmouth, to be their 
Minister, And that Provision be made by this Court as the Law directs, for his Hont"'® 
Support & Maintenance. 

Agi-ced by the Representees And that the Sum of Sixty Pounds be allowed as a Salary 
for the said Mhiister for the Year ensuing, And in Case his abode there shall be for a less 
Time, in the same Proportion. 

Concur'd liy the Council, — Consented to, J. Dudley." 

—Ibid., p. 374. 

The following provision was made the next year for the town of Tiverton : — 

" June 17. 1709. The following Order pass'tl in the House of Represent^ '^^'* Read & Con- 
cur'd ; Viz., Ordered that the Neighbouring Ministers be desired to preach in their Turns 
at Tiverton until the last of October next. Or to procure the most suitai)le Person they can 
for the Circuui^tances of that People, And that Twenty Shillings per Week be allowed out 
of the publick Treasury for that Service: — Consented to, J. Dudley" 

—Ibid., p. 463. 

Besides allowances for his seiwices at Dunstable and in the army, Mr. Hunt had received 
from the General Court an allowance of £20, Feb. 11, 1709-10, and another of £15, on the 
17th of the same month : again, March 18, 1711-12, he received another £20. The first 
was allowed to him "if he continue in the work of the ministry for the year next coming," 
and the second and third for past services at Dartmouth. It is quite possible these may 
have been the sums paid to him from the treasury as testified to by Mv. Allen betbrc the 
Board of Tnidc, though, since no copy of the tax acts for either of the years following the 
votes liy which those allowances were ordered, has been discovered, it is impossiljle to 
ascertain whether those sums were assessed as a part of the general province tax npon all 
the towns, or as a special tax upon Daitmouth alone. 



270 Province Laws.— -1722-23. [Notes.] 

Before the inhabitants of Darthmouth and Tiverton tooli their heroic stand against the 
oppressive acts of the Legislature, the Quakers had petitioned for relief from similar acts, 
an the following extracts will show : — 

" July 21. 1720. A Petition of Joseph Wanton & Richard Borden on Behalf of the Peo- 
ple called Quakers throughout this Province, Shewing that the said People for Years past 
have suffered the Distraint & Loss of their Goods for the Support of the Presbyterian or 
Independent INIinistcrs and also for the Building of their Meeting Houses, and that too 
often with much ExtortiBn, Double or sometimes more being taken from them than the 
Sum demanded, That tliis Suffering for Conscience Sake they apprehend to be a great 
Imposition & Hardship — They being Dissenters from the Church of England, And the 
Charter of this Province graiiting full Liljcrty of Conscience to all Dissenters, That al- 
though they have solicited this Government heretofore for Relief, have yet obtain'd none. 
That their Friends in England had made some Progress in their Alfl^ir and were encouraged 
by the Agent of this Province That the Government here would do something t!> make 
them easy, So that their Friends need proceed no further in England, Notwithstanding 
all which they are still xmder great Sutferings in many Places in this Province, And 
therefore Praying that this Court would take these Matters into their Consideration, and 
give Orders that the Persons that are now suffering under such Impositions may be dis- 
charged therefrom, for that their Consciences will not allow them to pay their Money for 
the Support of the said Ministers & Aleetinghouses, And they being known diligently to 
attend the publick Worship in then- own Meeting Houses every first Day of y" Week. 

In Council; Read & Voted that the Hon'^'"' Isaac Winslow, Nathaniel Payne, & Edmund 
Quincy Esq" bo a Comnlittee to join with such as the Hon'''" House shall appoint to en- 
quire hito the Grounds & Reasons of the Complaints of the People called Quakers, And 
to Consider what may with Justice & due Regard to the Laws of this Province lie done 
for their Ease, And more especially to prevent their being oppressed upon any Distress 
made upon their Estates, And to make Report to the General Assembly at their Fall 
Session." — Council Records, vol. XL, p. 24. 

" July 2.3. 1720. The Petition of Joseph Wanton &c, in Behalf of the Quakers & the 
Order of Council appointing a Committee thereon. As Enter'd July 21, 1720 : In the House 
of Reprcscnt^'t" Read & Concur'd, And Ordered that Cpt. William Throop, Major 
Meletiah Bourne, M"^ John Foster and Cpt. John Gardner be joined in the Atl'air. 

Consented to, Samll Shute." 
—Ibid., p. 33. 

"June IG. 1721. In Coimcil; Ordered that Thomas Hutchinson, Edmund Quincy and 
John Burrill Esq" with such as the Hon'*'" House shall appoint be a Committee to enquire 
into the Grounds & Reasons of the Complaints of the People called Quakers, And to Con- 
sider M'hat may with Justice & a due Regard to the Laws of this Province be done for 
their Ease, & more especially to Prevent their being Oppressed upon a Distress made on 
their Estates. And to make Report to this Court : — In the House of Represent*'^*' Read & 
Concur'd, 

And Voted that ]M>- Richard Johnson, M-- William Clark, Coll. W"" Dudley & M"- W™ 
Hutchinson be joined to the Committee of the Board." — Ibid., 2). 170. 

" June 22. 1721. Thomas Hutchinson Esq'' from the Committee of both Houses on the 
Complaint of the Quakers gave in the following Report; Viz, 

The Committee appointed to consider the Quakers Petition are of Opinion That it might 
be for the Ease of the People called Quakers, & tend to prevent some Inconveniences aris- 
ing in Case of Distresses made on their Estates for the Support of the Ministers, If the 
Constables or Collectors of Towns or Precincts were obliged to take as near as may be the 
Value of the Sum or Sums assess'd on such Quakers, And that the Distress orDistressHs 
so taken & kept by the Space of four Da.vs at the Charge of the Owner (the Owner not 
having paid the Sum or Sums so assess'd) should be carried or presented by the Constable 
or Collector unto the Assessors of such Town or Precinct or the Major Part of them. Who 
shall be obliged to apprize the same as equally & justly as may be. And the Constable or 
Collector shall accordingly accept it in Lieu of & to satisfy for such Sum or Suras whereat 
such Quakers are respectively assess'd, Returning the Overplus (If any be) after the 
necessary Charges of 'faking & Keeping the same are deducted, And if any Loss do 
arise to the Constable or Collector by this Acceptance of such Distress as aforesaid, The 
Town or Precinct.shall make good the same to the Constable or Collector out of the Towns 

or Precincts Treasury : All which is humbly submitted by Tho. Hutchinson in the 

Name of the Comm*™ 

In Council ; Read & Accepted; In the House of Represent^'^s Read & Non-Concur'd." 
—Ibid., p. 177. 

At the first session of the General Court, this year, Seth Pope, Samuel Willis and Samuel 
Pojje of Dartmouth presented a petition, the puiport of which (and the action of the Gen- 
eral Court thereon) is shown by the following extract : — 

" June 22. 1722. A Petition "of sundry Persons being of the Church & Congregation at 
Acooshnett Village in Dartmouth Praying this Court to appoint an annual Salary suHicicnt 
for the Maintenance of M'' Samuel Hunttheir-Ministcr to be jiaid to him out of the Prov- 
ince Treasury, For Reasons in the said Petition mentioned. In the House of Represent™s 
Read& Resolved that the Sinn of One Hundred Pounds be allowed & paid out of tho pub- 
lick Treasury to M'' Samuel Hunt Minister of the Town of Dartmouth for his Support in 
the Ministry the Year Currant, Beginning tho first of June Instant, Pursuant to an Act 
made in the second Year of King George, Entituled An Act for the Mamteuauce & 
Propogating Religion. 

In Council ; Read & Concur'd : — Consented to, Sami-i- Shute." 

— Council Records, vol. XL,]}. 326. 

At the same time the General Court passed the following vote to provide a minister for 
Tiverton : — 

" In the House of Represent^<"s Voted that there be a learned orthodox Minister of 
good Conversation sent to the Town of Tiverton, Pursuant to an Act made in the seventh 



[Notes.] Peovince Laws.— 1722-23. 271 

Year of the Reign of bis present Majesty Entitnled An Act for Maintaining & Propagating 
Religion, And that Edward Lronilicid Esq'' with the Revi M'' Benjamin Wadsworth, M' 
Benjamin Coleman & M' Joseph Sewall be a Comm"'« to look out such an able Minister 
for the said Town. 

In Council ; Read & Concur'd : — Consented to, Sami-i- Shute." 

—Jbid. 

In the mean time the Inhabitants of Dartmouth met, and chose Captain John Akin as « 

their agent to appear at the General Court and, in their behalf, to answer and object to the 
above-named petition. The chitc of this town-meeting was June 15, and the tax act, im- 
po.-ing tlie additional sums of £100 on Dartmouth, and £72 lis. on Tiverton, for the 
maintenance of an orthodox minister in those towns, respectively, was passed July 3, and 
was published July 9. 

Oti the 17th of August, just before the close of the second session of the General Court, 
the inhabitants of Dartmouth again met, and voted to assess a town rate of £81 I'Is. 
which was the amount of the proportionate tax of the town exclusive of the above charge 
for the support of the ministry. At the same meeting it was voted, — after reciting that 
the town had been over-assessed £100, and that thereupon the selectmen saw cause to call 
the inhabitants together to consider of some proper method of addressing themselves to 
the General Court for relief, — that Stephen Wilcox be chosen agent of the town for that 
purpose. The third session of the General Court began November 15, and on the 20th, 
the inhabitants of Dartmouth held another meeting, and chose Henry Tucker as agent to 
proceed to Boston and present a petition, in behalf of the town, praying for a remission 
of the £100, and, in his capacity of agent, to employ such assistance as he should think 
fit. For some reason which does not appear, but, probaljly, because of some irregularity 
in calling the meeting of August 17, another town meeting, " legally warned," Avas held 
November 26, at which substantially the same vote Avas passed respecting the assessment 
of taxes for this year, as was passed at the previous meeting, and also the following; viz., — 

" Thirdly, Voted whether the charges arising or set on the selectmen of said Dartmouth 
either by execution of their bodies or estate or in appealing to Iiis Majesty for relief be 
raised l)y town rate ? and it was voted to be by town rate." 

They further voted to raise £700 by a town rate to indemnify the selectmen for any loss 
by reason of their not complying with the act, and also made them each an allowance of 

shillings per day (the MS. is partly obliterated) " for every day they lay in jail on 

the town's account." Other votes, which are not legible, were passed relating to the 
expenses of sending to England. 

Subsequently we find the following record of proceedings by the Council : — 

" Decern'' 26. 1722. A Petition of the Inhaliitants of Dartmouth Praying That the ex- 
ti-aordinary Sum sett & asscss'd on them in the Province Tax (W'^'' they suppose to be 
for the Maintenance of a Minister,) may be taken off. And that the Treasurer may be 
directed to give them a full Discharge of their Province Tax, upon their Paying the Sum 
Avhich was sett on them the last Year, W^^'' they are now ready & willing to do." 

In Council ; Read & Sent down Recommended." — Council Records, vol. XL, p. 430. 

Here the matter seems to have rested until the next year. At a town-meeting March 
28, 1723, the inhabitants of Dartmouth, by a vote of 55 to 12, chose Nathaniel Howland 
(who was a Quaker) as their minister. 

The first session of the General Court, in 1723, began May 29, and yvas prorogued July 
2. Late in the session avc find the following proceedings by the respective branches of the 
Assembly. Fi'om these it is evident that the petition presented at the former session, 
which had not Ijecn definitively acted upon, had again 1)cen brought to the notice of the 
Legislature, since the tax act of 1723 had not been passed ; — 

" June 26. 1723. In Council ; OnDEREr* that a Message be sent down to the Hon^e 
House of Represent^''" That the Board having consider'd the sev" Laws of the Province 
referring to the Scttlem' & Support of Ministers in the sev'' Towns within this Province, 
Observe that the Laws made in the fourth & fifth Years of King William & Queen ^lary 
direct How Ministers are to be chosen ; Viz. Either by the Church & Town, Or in Case 
they be negligent, Then the Sessions of the Peace to provide & settle an orthodox Minis- 
ter &c. Now the Town of Tiverton have no Minister settled among them cither l)y the 
Town or by the Quarter Sessions of the County : As to the Act for Maintaining & Propo- 
gating Religion Pass'd in the second Year of his present INTajesty, It seems plain by the 
Tenour of the s<i Act That the Sessions of the Peace arc first vigorously to put the Laws 
referring to the Scttlem' & IMaintcnance of Ministers in Execution themselves, And if 
after they have so done, Their Orders are eluded by the Practice of ill Men &c, Then & 
in that Case they are to represent to the General Asseml)ly in Order to have a Minister 
settled & provided ; But it does not appear That the Sessions of the Peace for the County 
of Bristol ever appointed & sent a Minister to Tiverton as the Law directs ; And until that 
Step be taken, It does not seem agTcablo to the Law That the General Assembly sh^ 
apjiohit a IMinister in the Manner they have done. 

As to the Town of Dartmouth, The Board cannot find that the Rev'i M^ Hunt (Minister 
there,) ever made any Contract with the Town as to his Maintenance, And the General 
Sessions of the Peace for the County of Bristol have not made any Order on the s^ ToAvn 
for his Support & Maintenance, Nor could they by Law, until the s'l Minister had made a 

Complaint, W>^^'' the Board do not find he ever did; And therefore they can not think 

it right & proper That the s'' Towns of Dartmouth & Tiverton should be asscss'd in the 
present Tax Bill any thing more than the Sums w^'' arc their just Proportion to the pub- 
lick Tax Avith the other ToAvns of the Province. 

In the House of Represent^"''' Ordered that M'' Cook, M'' Remington, M'' Stoddard, M"" 
Quincy & M"^ Throop be a Committee to Confer Avith such as the Hon'^'" Board shall ap- 
point upon the Matter in Dispute between the Houses respecting the Tax Bill, To meet 
as soon as may be. 

In Council ; Read & Concur'd, & Ordered that John Gushing Addinitton Davenport & 
Thomas Fitch Esq" be a Comm««« of this Board for thes<i ConfevencG."— Council Records, 
vol. XL, p. 517. 



272 Province Laws.— 1722-23. [Notes.] 

June 28. 1723. " In tbc House of Ilcprescnt>'<^s it appearing to this Court that the Town 
of Dartmouth neglect & refuse to niamtain an able learned orthodox Mmistcr, 

RESOLViiD that the Salary or Allowance for an aljle learned and orthodox Minister for 
the Town of Dartmouth l)e One Hundred Pounds to be paitl out of }"-■ publick Treasury, 
"VV'ii said Sum of One Hundred Pounds is to be Added to the Proportion of tlic s'' Town 
of Dartmouth in their Province Tax for this present Year. 
' And it is Recommended to the Justices of the County of Bristol at their next Gcn'J 

Sessions of the Peace to put the Laws of the Province Referring to the Supporting of 
Ministers in Execution on the s'' Town of Dartmouth for not Ordering & Appointing a 
sufficient & suitable Salary for an able learned & orthodox Minister, W^'> if duly submit- 
ted to the s>i Town to be reiml^urscd either the Whole or such Proportion as "they pay, 
Pursuant to the Order of the s^' Justices. 

In Council, Read & Concur'd: — Consented to, W^ Dummer." 

—Ibid., p. 521. 

" In the House of Represent"^ it appearing to this Court that the Town of Tiverton 
neglect & refuse to settle & maintain an able learned & orthodox Minister, 

Resolved that an Able, learned & orthodox Minister be provided by Order of this Court 
for the s'l Town of Tiverton for the Year ensuing to be Recommended as the Law directs, 
And that his Allowance or Salary be Seventy two Pounds eleven Shillings, to bo paid out 
of the publick Treasury, W''> said Sum of Seventy two Pounds eleven Shillings shall be 
Added to the Proportion of the said To\vn of Tiverton in then- Province Tax for the 
present Year; 

And it is Recommended to the Justices of the County of Bristol at their next Gen" 
Sessions of the Peace to put the Laws of this Province, Referring to the Providing & Sup- 
porting of Ministers in Execution upon the s'^ Town of Tiverton by Appointing an able 
Icanied & orthodox Minister & Ordering a sufficient & sixitable Salary for him; W-^i' if 
duly submitted to the s'' Town to be reimbursed the Whole or such Proportion as they 
pay Pursuant to the Order of the s'^ Justices. 

in Council ; Read & Concur'd ; — Consented to, W^ Dummer." 

—Ibid. 

On the next day, and the same day upon which the tax act of 1723 was passed, the fol- 
lowing entry was made in the records of the Council, by which it appears that the court 
of sessions had been busy in enforcing the " Act for maintaining and propagating religion " 
(1715-16, chap. 17) both in the case of Dartmouth and of Tiverton : — 

" June 29, 1723. " A Petition of the Inhabitants of the Town of Dartmouth Setting 
forth that the Assessors of the s'' Town are Imprison'd for Not Assessing the Sum of One 
Hundred Pounds Added the last Year to their usual Tax (as they suppose) for the Main- 
tenance of M'' Samuel Hunt (a Minister living in the s'' Town,) And Praymg that the s<i 
Assessors may be released & discharged from their Imprisonment upon their Paying into 
the publick Treasury the Sum of Eighty one Pounds & twelve Shillings their usual'Tax. 
In Council ; Read & Voted that a Ilearing be had upon this Petition before this Court 
on the second Fryday of the Fall Sessions, And that in the mean Time John Akins & 
Philip Tabor Assessors for the Town of Dartmouth be released from their Imprisonm' 
They recognizing before some one of his Majesties Justices of the Peace for the County 
of Bristol to atterid at the s'^i Hearing & to abide & perform the final Resolve of this Court 
on this Petition, or SuiTcnder themselves back to the Sheriff of the County of Bristol. 
In the House of Represent^"'*' Read & Non Concur'd." — Cotincil Records, vol. XL, p. 524. 
" A Petition of the Inhabitants of the Town of Tiverton Setting forth that the Assessors 
of the s'l Town are imprison'd for not Assessing the Sum of Seventy two Pounds eleven 
Shillings added the last Year to their usual Ta"x (As they suppose) for the Maintenance 
of a Minister, And Praying that the said Assessors may be released & discharged from 
their Imprisonm' upon their Paying into the publick Treasury the Sum of Twenty seven 
Pounds nine Shillings, their usual Tax, W^^'* they are now ready to do. 

In Council ; Read & Voted that a Hearing be had upon this Petition on the second 
Fryday of the Fall Session, And that in the mean Time Joseph Anthony & John Scisson 
Assessors for the Town of Tiverton be released from their Imiwisonm' They recognizing 
before some one of His Maj'"<'s Justices of the Peace for the County of Bristol, to attend 
at the sJ Hearing & to abide & perform the final Resolve of this Court on this Petition or 
surrender themselves back to the Sheriff of the County of Bristol. 
In the House of Represent™" Read & Non Concur'd." — Ibid. 

From the petition to the Privy Council of Thomas FJichardson and Richard Partridge 
on behalf of the imprisoned assessors (which is given at length in Gough's Ilistory of the 
People called Quakers, vol. 4, pp. 218-226,) it appears that Joseph Anthony and' John 
Sisson were appointed assessors for Tiverton, and John Akin and Philip Tabor for Dart- 
mouth, to assess the tax of 1722, and that they were committed to jail for non-compliance 
with the law, May 25, 1723, where they continued prisoners until released by the Royal 
mandate. 

The petitioners also alleged th-iit they had made repeated application to the provincial 
government for redress, " the Assembly always opposing what the Governor & Council 
were at any time disposed to do on that behalf." 

The following are the proceedings of the Home Government upon the petition above- 
mentioned : — 
" At the Council Chamber Whitehall the 24"i October 1723. 

By a Comnuttce of the Lords of His Majesty's most Honi^'« Privy Councill for Hearing 
Appeals, Complaints &™ from the Plantations. 

Their Excellencies the Lords Justices in Councill, having been pleased to referr to the 
consideration of this Committee a petition of Thomas Richardson and Richard Partridge 
praying y" release of some Quakers who are imprisoned in the INIassachusetts Bay in New 
England, for not having assessed the Towns of Tiverton and Dartmouth towards payment 
of some encreased taxes, which by two laws made in Massachusetts Bay in y Years 
1722 & 1723 arc ordered to be raised, with the cofiion Taxes for the said Tomis ;— The 



[Notes.] Peovince Laws.— 1722-23. 273 

Lords of the Committee this day took the same into consideration, and finding that the 
said Acts have not yet been laid before the Lords Justices, are hereby pleased to order, 
that the Lords Comilirs of Trade and Plantations do forthwith consider the said Acts and 
lay the same before their Excellencies in Councill, with such Representation thereupon, as 
thcv shall think proper : Temple Stanyan." 

(Indorsed) " Rec'i Nov 12"' Read D° 14"' 1723 " 
—" N. E. Board of Trade" vol. 13, X., 117 ; in Pub. Rec. Office. 
" Whitehall, Thursday 14">, Nov 1723 

An Order of the Committee of Council of the 24"" of the last Month on the petition of 
M'' Richardson & M"" Partridge praying release of some Quakers imprison'd for not col- 
lecting a tax assess'd by two Acts of the Massachuscts Bay in New England, pass'd in 
1722 it 1723, directing the Board to report on the said Acts, was read ; And the Secry. ac- 
quainting their Lordsps that the Act mention'd in the said Order to be pass'd in 1723 was 
not yet received, Ordered that the Act pass'd in 1722, be sent to M' West for his opinion 
thereupon in point of Law. 

Ordcr'd that M"^ Partridge be acquainted that the Board desire to speak with him on 
Wednesday next. (signed) P. Docminique " 

— Pi^b. Rec. Office; "Trade papers (Journals)," vol. 27, p. 211. 

"To Richard West Esq'« 

Su-, My Lords Commissioners for Trade and Plantations command me to send you 
enclos'd an Act pass'd in the IMassachusets Bay in 1722 eutitnled An Act for apportioning 
iSf assessing a tax of six thousand two hundred thirty tico pounds thirteen shillings § eleven 
pence and thercui)on to desire your opinion in point of law, as soon as may be. Their 
Lordships having received orders immediately to make their Report to the Lords Justices 
thereupon. I am. Your most humble Servant 

Whitehall November 14'^' 1723 A. Popple." 

—"-V. E., Board of Trade," vol. 38, p. 391, in Pub. Rec. Office. 

"Whitehall. Wednesday 20"' Nov 1723 
*********** 

An Order of the Committee of Council on the petition of M"" Richardson and Partridge, 
praying release of some Quakers imprison'd for not collecting a Tax assess'd by two Acts 
of the Massachuscts in 1722 & 1723, directing the Board to report their opinion on the 
said Acts mention'd in the Minutes of the 14"' Inst, was again read ; And M'^ Richardson, 
M'' Partridge and M' Sharpe attending, as they had been dcsir'd in relation to the said 
Two Acts, Their Lordships acquainted them that the Act pass'd in 1723 had not yet been 
sent over from New England, and that they had sent the Act pass'd in 1722 to M'' West 
for his opinion thereupon in point of Law ; Their LordP" further acquainted them, that 
when M"^ West shall have made his Report upon the said Act, they should have a day ap- 
pointed them in order to hear what they might have to offer against the said Act. 

(signed) M. Bladen " 

^Pub. Rec. Office; "Trade papers (Journals)" vol. 21, p. 218. 

• "Whitehall, Thursday 12"' Dec-- 1723 

At a Meeting &« * * * «****# 

Ordcr'd that M'' Partridge, Mr Richardson & other Agents for New England, be ac- 
quainted that the Board have resolved to take into consideration on Thursday morning 
next, the Act pass'd in the said Province in 1722 Entitul'd an Act for apportioning and as- 
sessing a Tax of Six thousand two hundred and thirty two pounds thirteen shillings and 
eleven pence (signed) R. Plumer " 

—Ibid., p. 240. 

"Re2Jort on an Act of Massachusetts Bay passed in 1722. 
To the Right Honourable the Lords Commissioners of Trade & Plantations. 

My Lords, In obedience to your Lordships commands I have perused and considered an 
Act pass'd in the Province of Massachuscts Bay, Entituled An Act for apportioning and 
assessing a Tax of six thousand two hundred thirty two pounds thirteen shillings and 
elevenpence. 

Upon occasion of this Act I have been attended on the behalfe of the Quakers in that 
Province complaining that the use made of this Act was such That it dcsti'oy'd the liberty 
of conscience to which they were entituled by the Charter of the Province and that con- 
sequently this Act ought not to be contirmed. How fan* the particulars by which they 
undertake to verify then" complaint are just or not your Lordshipps will determine But 
upon considering Avhat was ui-g'd to me by the Agents for the Quakers oii the one part 
and what was rcplyed by M"" Sanderson who acts as Agent for the Province on the other 
part I thought the whole of the complaint was not within the intention of your Lordshipps 
reference to mc. As no circumstance of what they alledged did in any manner appear up- 
on the face of the Act it selfe And that therefore my duty in obedience to your Lordshipps 
commands was only to ecrtifye that upon consideration of the Act as it stands simply up- 
on the Record I have no objection in point of law to its l>eing confirmed. 

All which I hum1>ly certifye to your Lordshipps And am 

My Lords Your Lordshipps most obedient and most humble serv* Rich West 

lOfh Dec- 1723. (Indorsed) Reod 10"' Dec-- 1G23. Read 19* D"." 

—"N. E., Board of Trade," vol. 14, Y. 2, in Pub. Rec. Office. 

"Whitehall. Thursday lO'^Dec^ 1723. 

At a Meeting of His Maj'y Commrs for Trade and Plantations. Present M>" Chetwynd, 
Mr Docminique, M' Pelham, M^ Bladen, M' Ashe, M^ Plummer 

^ Their LordP' taking into consideraf (according to 
Massachi'sets appointm' the 12"' inst.) an Act pass'd in the Province 

HearinguponComplaintof Qua- [ of the Massachusetts Bay in 1722 Intitul'd An Act for 
kers for being compelled to pay (apportioning and assessing a Tax of Six thousand two 
for y maintenance of Presbj'te- hundred S^ thirty two pounds thirteen shillings and 
rian Ministers. - J elevetipence. '■ 

35 



274 Province Laws.— 1722-23. [Notes.] 

And M"" Richardson and M'' Partridge who complain'd in behalf of sev' Quakers against 
the said Act attending with M'' Sharpc their Sol"" and others ; As also M"" Sandford and M"" 
Sanderson Agents for the Assembly of the said Province attending likewise with M' 
Bampfield their Sol"", M' Sharpe in ))ehalf of his Clients represented tothe Board, That he 
hop'd to satisfy their Lordships by comparing the said Act with another pass'd there in 
the Year 1721 Intituled An Act for appo>-tionhi(/ and assessing a tax of Six thousand j^ounds 
upon Polls (Sf Estates, and with "other Acts, as iikewiso some Votes of the Assemlily of the 
Massachusetts Bay there had been an unreasonable addition made to the proportions of 
the said Tax for the Towns of Dartmouth & Tiverton in that Province, not warranted 
by the Charter gi-anted in the 3'^ year of the Reign of their late Majesties King William 
and Queen Mary, which charter is the foundation of that Government And he submitted 
whether the said Act was not on that account void in itself, part of the said Acts being 
read it appeared that the Proportion 

For Dartmouth in 1721 was £81 12s. M. 

in 1722 181 12 

For Tiverton in 1721 27 9 

in 1722 100 

Whereupon M' Sharpe observ'd that altho' it be mention'd in the said Act of 1722 only an, 
the Provincial Tax, And the Assembly seem'd sensible they cou'd not otherwise do it bj 
their Charter yet by comparing the Acts above mention'd with another Act pass'd in 1716 
Intituled An Act for maintaining i^ propagating of religion and the Votes of Assembly of 
the 20"' of June f722, it was manifest the said addition to Dartmouth was for the use of an 
Orthodox Minister, as the Acts stile them, where the far greater part of the Inhabitants 
were Quakers, there not being above three or four Presbyterian families. 

That l)y a Clause of the said Charter, It is expressly gr-anted, establish'd & ordain'd that 
forever thereafter there should be a libei'ty of conscience allow'd in the worship of God to 
all Christians, except Papists inhaliiting or which should inhabit or be I'esident within the 
said Province, And that it is recited in the said Charter, That the Adventurers free pi-ofes- 
sion of the Clu'istian Faith was the principal end of the said Plantation — That l)y another 
part of the Charter their power of making Laws is restrain'd to such as are wholesome and 
reasonalile and not repugnant or contrary to the laws of England ; And the power of rais- 
ing money is by proportionable and reasonable assessments, Rates & Taxes upon the Es- 
tates & persons of the Proprieto""* and Inhabitants to be issued for the service of the Crown 
in the necessary Defence and Support of the Govenim* of the said Province, and the pro- 
tection & preservation of the Inhabitants there — That all Protestant Subjects were to be 
religiously, peaceably & civilly govern'd, protected and defended — That many persons of 
different persuasions having settled the said Province of the Massachusetts Bay, the Pres- 
byterians being the most numerous, have endeavour'd to elude the Intent of the said Char- 
ter, which equally grants a liberty of Conscience to other Protestants as well as themselves. 

In proof of which he referred to several Acts of the Massachusets Bay particularly one 
pass'd there in 1692 entitulcd An Act for the settlement and sitpport of i^inisters and School- 
masters wherel)y an able learned and orthodox Minister chosen by the major part of the 
inhabitants of any town, tho' the rest should differ from them in their religious opinions, 
was to be maintain'd by the whole town. But M' Sharpe observ'd, that the Assembly 
on further consideration of the last mentioned Act, thought fit in a subsequent Session to 
repeal that part relating to the election of a Minister by the majority of the Town, and al- 
low'd each Church to chose their Minister, And as an instance of the particular ill usage 
which the Presbyterians in the Massachusets Bay have given the Quakers there, he read 
the preamble of an Act pass'd in the said Province in the first year of her late Majesty's 
reign, intituled An Act more effectually providing for the support of Ministers, wherein the 
Quakers and others are stil'd irreligious persons averse and opposite to the jntblic worship of 
God, That in the year 1715 the Assembly by the foremention'd Act for maintaining and 
propagating of religion, have contrary to the liberty of conscience granted by the Charter, 
assuni'd to themselves the nomination of Orthodox Ministers where they shall find them 
wanted & to provide for their 'support as they may judge sufficient, by adding to the pro- 
portion towards the public taxes of the Town or District destitute of such Minister; That 
pursuant to this last mentioned Act the Assembly came to a Resohition the 20"» of June 
1722, That the sum of one hundred pounds be allow'd & paid out of the public Treasury 
to M"" Sam' Hunt, Minister of the town of Dartmouth, for his support in the Ministry the 
year curr*, against which there had been a petition to the Assembly & rejected, and the 
Town remonstrated that the said M>^ Hunt was not of the persuasion of the Majority ; and 
on the 2Sth of June 1723, the said Assembly further resolved as follows. Viz' 

'That the Salary or allowance of an able learned & Orthodox Minister for the Town of 
Dartmouth be one hundred pounds to l)e paid out of the public Treasury, which said sum 
of One hundred pounds shall be added to the proportion of the said town of Dartmouth in 
their Province Tax for the present year' * * 'And that an al)le learned Orthodox 
Minister be provided by order of this Court for the said Town of Tiverton for tho year en- 
suing, and that his allowance or salary be seventy-two pounds eleven shillings to be paid 
out of the public Treasury Which said sum of £72. 11. shall be added to the proportion 
of the said Town of Tiverton in their Province Tax for the present year' In proof of which 
M"" Sharpe produced & read those parts of the printed Votes of Assembly. 

He further observ'd that the Assessors for these Towns, who were Quakers, had been 
chosen before the said Act of 1722 (being one of those complam'd of) was in force And 
when they understood by some of the forementioncd votes the use for which their addi- 
tional propoi-tion of Tax was to be apply'd, they cou'd not in conscience comply in levying 
or assessing the whole sum prescrib'd by the Act, but rais'd their former proportion only; 
Whereupon the said Assessors were imprison'd ; And notwithstanding that upon the pe- 
titions of the respective Agents for Tiverton ^ Dartmouth for the enlargement of the late 
Assessors of those Towns, the Council had agreed thereto upon the said Assessors entring 
into proper Recognizances ; Yet the Assembly disagreed thereto, as appear'd by the pi-inted 



[Notes.] Provixce Laws.— 1722-23. 275 

Votes of the said Assemhly of the 29«> of June 1723 Upon the whole M^ Sharpe conchided 
that tho' the said Act of 1722 was temporary, the same was an Annual Act, intended to be 
so, and had been re-enacted this present Year — That the raising of Money for the main- 
tenance of Jlinistcrs in the manner they had done, cou'd not, as he conceived, be con- 
strued proportionable (Sr reasonable ox for the necessary Defence and support of the Govern- 
ment oy the protection Sf preservation of f lie Inhabitants Which are the only purposes for 
which by their Charter, the Govcrnmciit of the said Province is allow'd to raise ]\Ioncy. — 
That lie hoped their Lordships Avou'd please to lay these Acts before His Majesty for dis- 
allowance, and all such as shou'd bo inconsistent with the Charter of the Massachusets 
Bay and to the libert)"^ of conscience thereby so fully granted to the Inhabitants of that 
Province. 

M'' Bampfield on the other side acquainted their Lordships, that he had been but lately 
and not fully instructed in this affiiir, and shou'd therefore be glad there might be an 
opportunity of Hearing from New England before their Lordships came to any detennina- 
tion in this matter and that several ships were daily expected; But in the meantime he 
obscrv'd to the Board that the Actcomplain'd of had had the Assent of His Majesty's Gov- 
ernor & tlic Council of the Massachusetts Bay, & that therefore the Assembly were not 
solely blamable if anything therein shou'd lie judg'd improper for the Royal Confirmation 
— That the Act abovemention'd does not increase- the proportion of Taxes for Dartmouth 
and Tiverton only but that there arc fifteen or sixteen other Towns in the Province aug- 
mented in their Proportions of which he particulariz'd IVrenthatn, Needham, Stoio & sev- 
eral others ; And that the legislature might have reasons which do not at present appear 
for so doing— That according to his Instructions M'' Hunt Minister of the ToAvn of Dart- 
mouth had for several years before an allowance of forty pounds out of the public 
Treasury of the Massachusets Province, and to prove the same he appeal'd to M"" Allen the 
Treasurer's Son, here present Upon which M"' Bampfield took notice that tho' one hundred 
pounds were recommended for M^ Hunt l)y the Assembly, yet as he had forty pounds 
allow'd him before, he cou'd not have an hundred pounds addition, as was allcdged. And 
that addition cou'd not particularly affect Dartmouth, in as much as it was voted out of 
the pul)lick stock, and that the proportions of several other ToM'ns were advanc'd — M'' 
Sandford and M'' Sanderson likewise represented to their Lordships, that if Assessors 
shall he allowed to act contrary to an express law, it might introduce great confusion & • 

inconveniences in the Administration of the Government'; -That the Act of 1722 was for 
apportioning the sum of £232 more than the said Act of 1721, which was doubtless one 
reason for the augmenting the proportions of Taxes for several of the said Towns and 
Tiverton and Dartmouth among the rest ; And if time were allow'd they hop'd to receive 
full and satisfactory reasons for the Assembly of the Massachusets Bay for their passing 
the said Acts. 

Mr Sharpe in reply represented that the variation of the proportion of taxes to divers 
to-WTis in this Province, arose as M"- Partridge likewise allcdged, from their being newly 
settled and increasing in numbers of inhabitants, but that the said Towns of Tiv"erton & 
Dartmouth had not remarkably increas'd in people — And M'' Allen the Treasurer's son 
being ask'd what he knew of the allowance formerly made to M'' Hunt of Dartmouth he 
said that he remember'd the payment of one forty Pounds to the said M"^ Hunt but cou'd 
not certainly recollect out of what fund or for what services the same was paid. 

M"^ Sharpe concluded that he hop'd it plainly appear'd to the Board from the Votes of 
the Asscnilily above cited, compared Avith the Acts complain'd of, that the Assembly of 
the Massachusetts Bay had contrary to the liberty of conscience gi-antcd by their Charter 
impos'd Taxes for maintaining Ministers Avho differ from them in opinion, And that the 
said Acts might not be approved of by His Majesty. 

These Gentlemen being withdraA\Ti Directions were given for preparing the Draught of a 
Representation upon the Order in Council of the 24'i> Ocf 1723 (rea\l the U"' of last 
month) on the petition of the said Richardson & Partridge upon the subject abovemen- 
tioned. * * * 

(si"'ned") R, Pltjmer " 

—Pub. Bee. Office: " Trade-Papers ( Journals )," vol. 27, p. 248. 

" Whitehall. Friday 20* Dec"- 1723. 
*********** 

A Representation order'd yesterday to be prepar'd upon the Order in Council of 24«'» 
Ocf 1723 on the petition of M^ Richardson & M"" Partridge relating to some Quakers in the 
Massachusets Bay, being imprison'd for not having assess'd the toAvns of Tiverton and 
Dartmouth towards payment of some increas'd Taxes there, was agreed, transcrib'd and 
sign'd." * * * —Ibid., p. 262. 
" To their Excellencies the Lords Justices 

May it please Your Excellencies. In obedience to an Order from the Lords of the Com- 
mittee of Council of 24"" October last, upon the petition of Thos. Richardson and Richard 
Partridge, praying the release of some Quakers who are imprison'd in the Massachusets 
Bay for not having assess'd the Towns of Tiverton and Dartmouth toward payment of 
some increas'd Taxes which by two Laws made in the Massachusets Bay in 1722 & 1723, 
are order'd to be rais'd Avith the common Taxes for tho said Towns, We have taken into 



come to our hands. 

We have upon this occasion been attended by Rich'' Partridge and Thos. Richardson, 
who complain against said Acts in behalf of the Quakers, as likewise by their Agents in 
defence thereof; Upon which we take leave to represent to Your Excellencies ; 

That the persons complaining against these Acts, endeavour'd to prove that the encrease 
ot the Taxes for the Towns of Dartmouth and Tiverton in 1722, exceeding the preceding 
year in £100 for Dartmouth & £72. 11. for Tiverton were raised for the support of Pres- 



276 Province Laws.— 1722-23. [Notes.] 

bytcrian INIinisters in these Toavtis, And in proof this have offered that tlie like sums were 
by the Votes of Assembly of the 20"' of June 1722 desired to be issued for the Jlinisters 
of those Towns respectively, but it does not appear upon the face of the Act, that these 
sums were raised particularly for the maintenance of such Ministers : And altho' it lie true 
that the sums voted for these Ministers do tally exactly with the additional Tax laid upon 
these two towns respectively for the same j'car, yet it does not from thence absolutely fol- 
low that the increase of Tax on those two Towns was r.iiscd lor that particular only, 
because there is an increase of Tax by this Act upon several other smaller towns withia 
that Province, and therefore altho' the presumption )ic strong, the proof is not conclusive, 
and as the people of the IMassachusets Bay arc by their Charter impowcrcd to raise Taxes 
for the support of their Government, and as the Preamble of this Act is aj^-eeablc to that 
power. We have nothing to object to the said Act ; But Wc beg leave to observe to Your 
Exeellencys, that altho' We have not the Act of 1723 before'us, yet it does appear by 
the Votes of that Session that the Assembly resolved ' that the Salary or Allowance of an 
able learned and orthodox Minister for the Toun of Dartmoutli, be one hundred pounds, 
to be paid out of the publick Treasury, which said sum of one hundred pounds shall be 
added to the proportion of the said Town of Dartmouth in their Province-Tax for the 
present Year,' and it also appears by the said Votes, that it was resolved. That an able, 
learned and orthodox Minister be provided by Order of this Court for the said Town of 
Tiverton for the Y'ear ensuing, and that his allowance of Salary ))e seventy two pounds 
eleven shillings, to be paid out of the publick Treasury, which said sum of £72 : 11^: 0^ 
shall be added to the proportion of the said Town of Tiverton in their Province-Tax for 
the present Year. 

Upon which occasion We think it our duty to represent to Y'our Excel''>' that by the 
Charter granted to the Massachusets Bay, the foundation of this Colony was laid in an 
absolute & free liberty of conscience for all Christian Inhabitants there, except Papists, 
But the Presbyterians having absobitely the ascendant in the Assembly of this Province, 
have assuni'd to themselves the authority of an estal)lished Church, and would compel the 
Qualvcrs even in the To\^ns of Dartmouth and Tiverton, where they arc infinitely the 
majority, to pay a large maintenance to Presbyterian Ministers, whom they call Orthodox, 
for the service of some few Presbyterian Families only. 
• All of which is most humbly submitted M. Bladen 

Edwd Ashe 
p. docminique 
T. Pelham 

Whitehall Decern"- 20»i> 1723." 
—"-V. E., Board of Trade," vol. 38, j9. 393. 

"At the -Court at St. James' the U*" day of Janry 1723 (-4) Present The King's most 
Excellent Majesty in Councill 

Upon reading this drfy at the Board a Representation from the Lords Cominrs of Trade 
and Plantations dated the 20"' of last Month upon an Act past in Massachusetts Bay Inti- 
tled 'An Act for apportioning and assessing a Tax of Six thousand two hundred thirty 
two pounds thirteen shillings "and eleven pence ' : It is ordered by His Majesty in Councill 
that the said Representation & Act be and they arc hereby rcfcrr'd to a Committee of the 
Lords of His Majesty's most Hono'^'" Privy Councill to consider the same and report to 
His Majesty at this iSoard what tliey conceive proper to be done thereupon. 

A true Copy Temple Stanyan. 

(Indorsed) Rcc'i 29"' Feb'-y 1723-4. Read 1^' April 172-i." 
—Ibid., vol. 14, Y., 5. 

" Memorial of M^' Part7'idge. 

May it please the Lords Commissrs 

Understanding that the other Law relating to the Provincial Tax for y" year 1723 is 
come over from the INIassach : in New England, which affects our Friends the present suf- 
ferers in that Govemm' whose cause liefore the Lords Committee of Councill is not like to 
be heard 'till that Law be also lodg'd at the Council Ofilce, Wherefore I humbly pray you 
would please to direct that the said Law be sent up accordingly — 

I am Your Friend Ricud Partridge in behalf of the Sufferers y« Petition"^' 

2mo (or April) y>= SO'" 1724." 
—Ibid., Y., 7. 

" Whitehall, Thursday 30«h April 1724 
*********** 

M"^ Partridge attending with M"- Sharpe his Sol"- presented to the Board a Memorial in 
behalf of some Quakers who are in prison in the Massachusets Bay, for not assessing the 
Tax levied l)y an Act pass'd there in 1722, Entituled an Act for apportioning and assessing 
a Tax of Si.v thousand tiro hundred tJtirtg two 2}ounds thirteen shillings elereyi jience and 
praying that their Lordships wou'd please to report upon the Act lately come over for the 
same purpose, AVhich Memorial was read; And M"- Sharpe acquainted their Lordships 
that the Lord Chief Justice King was of opinion when this affair was last heard at the 
Council, That the Quakers now in prison cou'd not lie rcleas'd, b,!it by the repeal of the 
Act, iax lireach of which they had lieen committed ; That supposing the Act was repcal'd 
the Taxes already levied vroii'd lie as good and valid as if the Act were confirm'd. And 
that the Taxes not already paid, in case the Act be repealed cou'd not in that Case be 
legally collected. These Gentlemen being withdrawn : 

Order'd that the Draught of a Representation be prepar'd for repealing the foremen- 
tioned Act pass'd in 1723." * * * * *_" Trade-papers (Jour- 

nals)" in Tub. Rec. Office, vol. 2S.^j. 108. 
" To the King's most Excellent ?.Iajestv 

, May it please Your IMajcstv In obedience to an Order in Council from the late Lords 
Jus ices during Your Majesty's absence abroad, bearim? date the 24"' day of October last, 
We did make a Representation upon an Act passed in "the Province of the MassacUusets 



[Notes.] Peovince Laws.— 1722-23. 277 

Bay in New England in 1722, Entituled An Act for apportioning &; assessing a Tax of 
£6232. 13«- ll*'- tince •whidi time another Act taentioncd in the faid Order of Reference 
paf^.^cd the 29"' day of May 1723, Entitulcd An Act for apypM Honing A- assessing a Tax of 
£G20o. 15. 7^ is come to our hands Hy which Act a tax it- laid in express terms upon th'e 
Inhabitants of Dartmouth and Tiverton for the f-upport of a Trc^l^ycerian Avhoni tlicy call 
an onhodox Minister Mhich falls almost entirely upon the Quakers, there Vicing very few 
Inhalnrants of any other persuasion in those two Towns ; But as by the Charter gjanted 
to this Province a free and absolute liberty of conscience to all Christians, except Papists, 
was intended to have been their foundation and supjiort; And as by the several laws 
passed there it seems to have been laid down as a just and equitable rule that the majority 
of each Town or Congregation shou'd have the choice of their own Teacher, We cannot see 
why the Quakers should be refused this liberty in towns Avhcre they are so great a majority 
& be obliged to maintain a teacher of a difi'ercnt persuasion. Wherefore we humbly pro- 
pose to Your Majesty that this Act may be repealed. 
Which is most humbly submitted Westmoreland. 

T. Pelham 
M. Bladen. 

Whitehall May 6«i> 1724." 
—"X. E. Board of Trade," vol. 38,^. 400, in Pub. Rec. Office. 

" Order in Couneil oti an Aet passed in Massachusetts Bay 29 May 1723. 

At the Court at St. James's the 12''» day of May 1724 Present the King's most Excellent 
Majesty in Councill 

Uijon reading this day at the Board a Representation from the Lords Commissrs of 
Trade and Plantations dated the 6"' of this Instant, for his Majesty's Repeale of an Act 
past in Massachusetts Bay the 29"' day of May 1723 Intitled ' An Act for apportioning and 
assessing a Tax of Six thousand two hundred and five Pounds tiftecn shillings Seven 
Pence half-penny ' It is Ordered by his Majesty in Councill, that the said Ilepresentation 
and Act be and they are hereby referred to a Committee of the Lords of his Majesty's * 
most Ilono''''-' Privy Council (to whom a like Act past in that Colony in 1722 stands re- 
feiTcd) to consider the same. And report their opinion thereupon to his Majesty at this 
Board. 

A true Copy (sign'd) Robert Hales. 

(Indorsed) Received June 2d Read July 22<i 1724." 
—Ibid., rot. 14, Y., 9. 

"At the Court at St. James's the 2"'i day of June 1724 Present the King's most Excel- 
lent Majesty, His Pvoyal Highness the Prince of Wales, Archl>ishop of Canterl)ury, Lord 
Chancellor, Lord President^ Lord Privy Seal, Lord Carteret, Mr. Vice Chamberlain, Wil- 
liam Pultcney Escf, Lord Chamberlain, Duke of Roxburgh, Duke of New Castle, Earl 
of Westmoreland, Lord Viscount Townsend, Lord Viscount Torrington, Mr Speaker of 
the House of Commons. 

Upon reading this day at the Board a report from the Right Hono'^'" the Lords of the 
Cominiltee of Councill upon the petition of Thomas Richardson and Richard Partridge, 
on behalf of Joseph Antliony, John Sisson, John Atkin and Philip Tabor, Prisonersin 
the Common Goal at New Bristol!, in his Jlajesty's Province of the Massachusets Bay in 
New En^iand, for not assessing the Inhabitants of the Town of Dartmouth and Tiverton, 
the addiiionall Taxes of £100 and £72: 11* : Q'^ imposed upon them by an Act passed 
there in the Year 1722, which appeares to be for the maintenance of Presbytcrain Min- 
isters, who arc not of their persuasion — And also in Ijchalf of their Friends called Quakers 
in general], who arc frequently under great sulFering for conscience sake in that Govern- 
ment, By which Report it appears, their Lordi^'* are of opinion, that it may be advisable 
for His Majesty to remitt the said additionall Taxes so imposed on the said two Towns, 
and to discharge the said persons from Gaol : His Majesty in Councill, taking the said 
Report into consideration, is graciously pleased to approve thereof and hereby to remitt 
the said Additionall Taxes of £100 and £72 : 11^ : ' which were, by the said Act to have 
been a.-sesscd on the said Towns of Dartmouth and Tiverton And his Majest}' is hereby 
further pleased to order, that the said Joseph Anthony, John Sisson, John Atkin and 
Philip Tabor 1)0 immediately released from their imprisonment on account thereof— Of 
whi"h the Governor, Lieutenant Governor or Commander in Chief for the time being of 
his Majcstj^'s said Province of Massachusetts Bay, and all others whom it may concern, 
are to take notice and yield due oljcdience hereunto. 

A true Copy (sismed) Temple Stantan. 

(Indorsed) Reced g"" June Read 22'J July 1724 " 
—Ibid., Y., 10. 

Chap. 11. " Novem'' 27. 1723. In the House of Represent^*"' Whereas at a great & Gen- 
eral Court or Assembly Held at Boston upon the seventh Day of August last An Act for 
Pix;ven!ing Abuses in DislillingRum &cwas made and pass'd"& sundry Persons appointed 
Assay blasters for that Service Who have viewed & examined several Still Heads, & 
Worms & ifind many of them made of base Mettal w'^^ are pernicious And notwithstand- 
ing the Persons owning such Still Head & Worms are acrinaintcd therewith, they presume 
still to improve them Contrary to the said Act. Resolved that John Dorrell of Boston 
Under Sheriff be & hereby is Authorized & Directed forthwith to repair to the Houses 
where such Still Heads or Worms arc or may be found & immediately cutt asunder all 
such & make them uncapal)le of being made Use of in that Service & that He be allowed 
& paid the Sum of Five Shillings for every Still Head or Worm by him so defaced, And 
that he lie furnished with a Copy of the Return of the Assay Masters for his Direction in 
this Affair— In Council ; Read."" 
— Council Records, vol. XII., p. 88. 

Chap. 12, § 5. " Mar. 23. 1721-2 In the House of Representees The Committee having 



278 Peovince Laws.— 1722-23. [Notes.] 

perused the several Affidavits apainst Coll. Edmund GcflTe, Cpt. Johnson Harman & Lieut 
Goddard are of Opinion, That thoy contrary to all Reason & Justice have procured from 
several Soldiers Blanks for their Discharge by them ; W^'' Blanks the Committee tinds en- 
titules the Possessors to their Pay after the Muster Rolls are lodged in the Treasurer's 
Office, & the Commissary's Acccnipt of Slops are Deducted out of the same; And that 
Cpt. Johnton Harman h^ath received of Philip Amy Six Pounds in money & of David 
Burnham a gun of Three Pounds, & of James Emery a Gun & Blanket Value Fifty Shil- 
lings to Discharge Ihcm frcm the Service, And that Lieut Goddard received of Daniel 
Hastings Forty Shillings to discharge him from the Service, and that Lieut. Goddards Com- 
pany Iiave not had their Allowance of Molasses, Although the Committee find by the 
Commissarys Acccmpt That on the fourth of January, There was then in Store more than 
their full Allowance Cue Houdrcd and twenty-seven Quarts, And the Committee are fur- 
ther of Opinion That the Soldiers that signed Blanks shall be entitulcd to their full Pay 
after the Muster Rolls arc lodged in the Treasurers CfRcc, Nolwith'standing the Blanks 
sign'd by them to their Cfflccrs, And that the Offlcers return the Money Guns &e received 
by them or their Orders to the Soldiers from whom they received the same for what they 
are valued at And that such Soldiers are & shall be discharged from all Prosecutions as 
Deserters from their respective Offlcers, and that Lieut. Goddards Pay be stop'd in the 
Treasurer's Office till he hath made good what Molasses hath been kept back from his 
Company, And are further of Opinion That the Officers be at the Charge of the Hearing 
before the Court, And for any Thing further The Committee leaves it to the Consider- 
ation of the House : — By Order of the Commt<'<' Nath" Knolton. 
In the House of Represent^ •■'^ Read & Accepted, 

In Council ; Read & Coneur'd : — Consented to. SamI'I' Shtjte " 

— Coimcil Becords, vol. XL, p. 284. 

" March 27, 1722. A Muster Roll of the Company in his Majesties Service under the 
Command of Coll. Samuel Thaxter, & afterwards of Coll. Edmund Goffe, Containing an 
Accompt of Wages due to the said Samuel Thaxter & Edmund GotJc, & Company for 
their Service fro'm Uie twenty seventh of July to the twenty seventh of February 1721, 
Amounting to the Sum of £995. 13. 1. 

In the liouse of Rein-esent^ ''» Resolved that the Sum of Nine Hundred and ninety five 
Pounds thirteen Shillings & one Peny be Allowed & paid out of the publiek Treasury to 
the Officers & Soldiei's contained in this Muster Roll in full Discharge of their Wages : — 
In Coimcil ; Read & Coneur'd, Excepting the Sum of Seven Pounds fifteen Shillings 
allow'd Coll. Thaxter as Captain ; & the Sum of Forty five Pounds fifteen Shillings 
allow'd Lt. Coll. Gofte as Captain The allowance of Collonel & Captain never having 
made at the same Time to one & the same Person : — In the House of Representees Read 
& Coneur'd Consented to, Samli- Shute." 

—Ibid., }}. 289. 

"July 3*1 1722. In the House of Represente"^s -^jiereas it often happens that servants 
and sons under age impressed into His Majesties service dy before the wages of such ser- 
vice is paid, by means whereof the parents or masters of such deceased soldiers can not 
unless with great difficulty obtain the wages due for such service ; Resolved that when 
and so often as any servant or son under age having been employed in His Majesties Ser- 
vice shall dy before the muster roll is pass'd or the wages due for such service is paid, 
that then and in such ease, a certificate under the hand of the collonel or chief officer of 
the regiment where such soldier was impressed setting forth whose son or servant he was 
shall be sufficient to oljlige the Province Treasurer to pay unto such parent or master the 
wages due as aforesaid; any law, usage or custom to the contrary notwithstanding. 

In Council ; Read and Coneur'd . — Consented to, Sami-l Shlte." 

—Ibid., p. 34. 

Chap. 14. " As to the Act entituled An Act for reviving an Act entituled an Act to pre- 
vent the oppression of Debtors, I have no objection in case the Act to which it refers has 
been confirmed." — Rejiort of Mr. West, ut supra. 

(a.) " July 3, 1722. In the House of Represent^""" Resolved that the Treasurer be and 
hereby is Directed to issue forth & Emit the Sum of Twelve Thousand Pounds in Bills of 
Credit on this Pi-ovince, Seven Thousand Pounds Part thereof is to be delivcr'd to him by 
the Committee appointed to make the Sum of Twenty Thousand Pounds by a Resolve of 
this Court this Session Together with the Sum of Five Thousand Pounds the Residue 
thereof W"^'' is or shall lie brought into the Treasury by Taxes, Duties of Inipott, Excise 
& Interest of the Loans For the necessary Defence & Support of the Government and the 
Protection & Preservation of the Inhabitants thereof To be Issued and Disposed of in 
Manner following : Viz, 

That the Sum of Seven Thousand Pounds, part of the aforesaicl Twelve Thousand 
Pounds be & hci-eby is Appropriated to & for the Supplying and Supjiorting & Paying the 
Charge of Castle William & the other Forts & Garrisons within this Province, as also the 
Soldiers with the Officers Wages arising for their Service (Provided the Muster Rolls or 
any Accompt of Charge or Expence on'the Castle Forts and Garrisons shall not be paid 
until such Muster Roll or Accompt of Charge or Expence hatji Ijccn examined & Allow'd 
of by this Court) According to such Draughts as shall from Time to Time be made upon 
him by Warrant under the Hand of the Govern'' with the Advice & Consent of the Coun- 
cil. And the aforesaid Seven Thousand Pounds be ckawn out of the Treasury for the 
Ends and Uses above appropriated only. 

That the Sum of Four Thousand seven Hundred Pounds Part of the aforesaid 
Twelve Thousand Pounds be & hereby is Appropriated to and for Defraying the Charges 
of this Government already arisen & for Pavnient of all Grants, Stipends, Salaries, Al- 
lowances Botmtys & Premiums made &to'be made by this Court The Draughts to be 
made upon the Treasurer for any Part of the aforesaid Sum of Four Thousand seven 
Hundred Pounds, to be by Wan-ant as above mentioned, And that the aforesaid Sum of 



[Notes.] Province Laws.— 1722-23. 279 

Four Thousand seven Hundred Pounds be drawn out of the Treasury for y Ends & 
Uses above appropriated only. 

And that the Sum of Three Hundred Pounds being the Residue & Remaining Part of 
the said Sum of Twelve Thousand Pounds be & hereby is Appropriated for tlie Payment 
of Expresses dispatch'd in the Service of this Government togetlier with all other nec- 
essary & unforeseen Charges arising in the Recess of this Court that demand prompt Pay- 
ment, Provided alwaies that the several Draughts made upon the Treasurer do express 
and Declare out of which appropriated Sums the Money is to be paid. And the said Bills 
shall pass out of the Treasury at the Value therein express'd equivalent to Money And 
shall be so taken & Accepted in all pulilick Payments : And that the Dutys of Impost & 
Excise shall he a Fund and Security for the Re-Payment & Drawing in the said Bills 
into the Treasury again so far as that will reach ; 

And as a further Fund & Security for the same It is further Resolved that there be & 
hereby is gi-antcd to his Most Excellent Majesty for the Ends & Uses aforesaid and no other 
Ends & Uses ^'hatsoever A Tax of Six Thousand Pounds upon Polls & Estates both real & 
Personal withm this Province according to such Rules & in such Proportion upon the several 
Towns & Districts within the same as shall be Agi'ccd on & Ordered by the Great & Gen- 
eral Court or Assembly at their Session in May One Thousand Seven Hundred & thirty 
four & paid into the Treasury on or before the last Day of December next after ; And that 
the further Sum of Six Thousand Pounds being the Remainder of the aforesaid Sum of 
Twelve Thousand Pounds be Levied upon Foils & Estates both Real & Personal within 
this Province according to such Rules & in such Proportion upon the several Towns & 
Districts within the same as shall be Agreed on & Order'd l>y the Great & General Court 
or Assembly of this Province at their Session in May One Thousand seven Hundred & 
thh'ty live, and paid into the Treasury on or before the last Day of December next after, 
And 

AVhereas through the Scarcity of Bills of Credit It may then be Difficult for Persons to 
Convert the Produce of their Lands into Bills & Pay their Rates in them It is further 
Ordered that the Inhabitants of this Province shall have full Liberty (If they see fit) to 
pay the several Sums that shall be on them rcs])ectively assessed in the several Species 
hereafter mentioned at such moderate Rates & Prices as the Great & General Assembly 
shall set them at ; Viz., In good Barrel Beef & Poi-k, Wheat, Barley, Rye, Indian Com, 
Oats, Flax, Hemp, Bees Wax, Pease, Butter in Firkins, Cheese, Hides," Tan'd Leather, 
Dry Fish, Mackcril in Barrels, Oyl, Whale Bone, Bay berry Wax, Tallow, Pitch, Tar & 
Turpentine, Which Species shall be received Ity the Treasurer of the several Constables or 
Collectors & by him disposed of to the best Advantage for the Calling of the said Bills into 
the Treasury again. And if any Loss shall happen by the Sale of the aforesaid Species or 
any other unforeseen Accident shall arise Tliat such Deficiency shall be made good by a 
Tax of the Year next following So as fully & etfectually to call in the whole Sum of Bills 
emitted as aforesaid. 

In Council Read & Concur'd — Consented to, Sam^-l Shute." . 

—Council Records, vol. XL, ]). 344. 

(b.) " Jan. 14. 1722,-3 In the House of Representees Resolved that the Treasurer be 
and hereby is Directed to Issue forth & Emit the Sum of Thirteen Thousand Pounds in 
Bills of Credit on this Province, being the remaining Part of the Twenty Thousand Pounds 
made by a Resolve of this Court in the May Session & lodged in the Treasury, To be dis- 
posed of for the Payment of such Muster Rolls as have or may pass this Court, more 
especially the Rolls belonging to the Eastern Forces : — That the said Bills shall pass out 
of the Treasury at the Value therein express'd equivalent to Money & shall be so taken & 
Accepted in all publick Payments ; — And that the Duties of Impost & Excise with the 
Interest of the Loan JNIoney shall he a Fund Security for the Repaying and Drawing in the 
said Bills to the Treasury again so far as that will reach. 

And as a further Fund & Security for the same It is further Resolved That there be & 
hereby is Granted to his most Excellent Majesty for the Ends & Uses aforesaid & for no 
other Ends & Uses whatsoever a Tax of Thirteen Thousand Pounds to be levied upon 
Polls & Estates both Real & Personal within this Province according to such Rules & in 
such Proportion upon the several Towns & Districts within tlie same as shall be Agreed 
on & Ordered by the Great & General Court or Assembly of this Province at their Session 
in May One Thousand seven Hundred & twenty four & paid into the Treasury at or before 
the last Day of December next after. 

In Coimcil ; Read & Concur'd ; — Consented to, Wm Dummer." 

— Ibid., p. 455. 

(c.) " Jan. 18. 1722-3 In the House of Represent^f^s Resolved that the Treasurer be & 
hereby is Directed to Issue forth & Emit the Sum of Twenty Thousand Pounds in Bills of 
Credit on this Province to be deliver'd to him by the Committee appointed to Make the 
Sum of Forty Thousand Pounds by a Resolve of this Court this present Session for the 
necessary Defence & Support of the Government & the Protection & Preservation of the 
Inhabitants thereof, To be used & disposed of as is hereby Directed In Manner following ; 
Viz., 

That the Sum of Twelve Thousand Five Hundred Pounds of the Aforesaid Twenty 
Thousand Pounds be & hereby is Appropriated to & for the Supplying & Supporting & 
Paying the Charge of Castle William & the other Forts & Garrisons within this Province 
as also the Soldiers with the Officers Wages arising for their Service (Provided the Muster 
Rolls or any Accompts of Charge & Expence on the Castle, Forts & Garrison shall not be 
paid untill such Muster Roll & Accompt of Charge or Expence hath been Examined & 
Allowed of by this Court) According to such Draughts as shall be from Time to Time 
made upon him by WaiTant under the Hand of the Govern"" or Commander in Chief with 
the Advice & Consent of the Council And that the aforesaid Sum of Twelve Thousand five 
Hundred Pounds be drawn out of the Treasury for the Ends & Uses above appropriated 
only; 



280 Peovince Laws.— 1722-23. [Notes.] 

That the Sum of Seven Thousand Pounds Part of the aforesaid Sum of Twenty Thou- 
sand Pounds be & hereby is Appropriated to & for Defraying the Charges of this Govemni' 
ahxady arisen & for Payment of all Grants Stipends, Salaries, Allowances, Bounties & 
Premiums made & to be made by this Court, The Draughts to be made upon the Treasurer 
for any Part of the aforesaid Seven Thousand Pounds to be by Warrant as above written; 
And that the aforesaid Seven Thousand Povmds be drawn out of the Treasury for the Ends 
& Uses above Appropriated only 

And that the Sum of Five Hundred Pounds being the Residue & Remainder of the said 
Sum of Twenty Thousand Pounds be & hereby is Appropriated for the Payment of Ex- 
presses dispatch'd for the Service of this Govcniment together with all other Necessary 
unforeseen Charges arising in the Recess of this Court that demand prompt Payment : 
Provided alwaics that the several Draughts made upon the Treasurer as aforesaid do 
express & declare out of which appropriated Sums the Money is to be paid; 

And the said Bills shall pass out of the Treasury at the Value therein express'd Equiva- 
lent to Money And shall be so taken & Accepted in all publick Payments And that the 
Duties of Impost & Excise shall be a Fund & Security for the Repaym' & Drawing in the 
said Bills into the Treasury again So far as that will reach. 

And as a further Fund & Security for the same, It is further Resolved that there be & 
hereby is Granted to his Most Excellent Majesty for the Ends &Uses aforesaid & no other 
Ends & Uses whatsoever a Tax of Five Thousand Pounds be levied upon Polls & Estates 
both Real & Personal within this Province according to such Pailes & in such Proportion 
upon the several Towns & Districts within the same as shall be Agreed on & Ordered by 
the Great & General Court or Assembly of this Province at their Session in May One 
Thousand seven Hundred & twenty five & paid into the Treasury on or before the last Day 
of December next after 

And that the further Sum of Fifteen Thousand Pounds being the Remainder of the said 
Sum of Twenty Thousand Pounds be levied upon Polls & Estates both Real & Personal 
within this Province accorduig to such Rules & in such Proportion upon the several Towns 
& Districts within the same as shall be Agreed on & Ordered l)y the Great & General Court 
or Assembly of this Province at their Session in May One Thousand seven Hundred and 
twenty six and paid into the Treasury on or before the last Day of December next after; 

And whereas through the Scai-city "of Bills of Credit It may then be difficult for Persons 
to convert the Produce of their Lands into Bills 8c Pay their Rates in them : It is further 
Ordered that the Inhabitants of this Province shall have Liberty (If they sec fit,) to pay 
the several Sums that shall be on them respectively Assess'd on the several Species here- 
after mentioned at such moderate Rates & Prizes as the Great & General Assembly shall 
set them at: Viz., In good BaiTcl Beef & Pork, Wheat, Barley, Rye, Indian Com, Oats, 
Flax, Hemp, Bees Wax, Pease, Butter in Firkins, Cheese, Hides, Tan'd Leather, Dry'd 
Fish, Mackeril in Barrels, Oyl, Whale Bone, Bay berry Wax, Tallow, Pitch, Tar & Tur- 
pentme ; W";'' Species shall be received by the Treasurer of the several Constal)les & Col- 
lectors & by him disposed of to the best Advantage for the Calling in of the said Bills into 
the Treasury again ; And if any Loss shall happen by the Sale of the aforesaid Species, or 
any other unforeseen Accident that shall arise That such Deficiency shall be made good 
by a Tax of the Year next following, so as fully & effectually to call in the whole Sum of 
Bills emitted as aforesaid. 

In Council ; Read & Concur'd ; — Consented to, W" Dummer." 

—Jbid.,p.iQ2. 



ACTS 



ASSED I 7 23 — 2 



[281] 



ACTS 

Passed at the Session begun and held at Boston 
ON THE Twenty-ninth day of May, A.D. 1733. 



CHAPTER 1. 

AN ACT FOR THE RELIEF OF CREDITORS, AND GRANTING A FURTHER 
TIME FOR ADJUSTING THEIR ACCOMPTS WITH, AND RECOVERING 
THEIR DUES FROM, THEIR SEVERAL DEBTORS. 

Whereas, in and by an act made in the fourth year of his present Preamble. 
Majest[.v][ie]'s reign, entituled " An Act for the regulation and limiting 1718.19, chap, 
credit in trade," it is, among other things, enacted '•' That from and ^*^' ^ ^' 
after the publication thereof, no action should be brought or founded on 
au}^ book or accompt whatsoever, for debts thereafter to be contracted by 
merchants, shopkeepers, traders, handycraftsmen and others that deal 
on credit after the expiration of two years from the contracting thereof, 
unless the same should be adjusted, setlod and signed by the debtor, 
reduced to some specialty, or tli-it aclion be brought and prosecuted for 
the same " ; and whereas, in Boston and other towns in the province, by 
reason of the small-pox and other unavoidable hindrances, persons could 
not settle and adjust their accompts, and pay their debts within the time 
limited in the said act, Avhicli hath been found too short, so that many 
creditors ma}^ loose their debts, without redress from this court, — 

Be it therefore enacted by the Lieuteitant-Governoiir, Council and 
Representatives in General Court assembled, and by the authority of 
the same, 

That all creditors, as well as merchants, shopkeepers, traders, handy- Further time 



craftsmen, as others, shall be, and hereby are, allowed the further time creditors to 

rccove 
debts. 



of three years, from and after the publication of this act, to adjust and recover their 



settle their accompts, and reduce their debts, contracted since the pub- 
lication of the aforesaid act, to some note, bill or specialty ; and that it 
shall and may be lawful[l] for them to sue for and recover their re- 
spective debts of any person or persons that shall delay or refuse either 
to accompt for or pay their debts ; an3-thing contained in the aforemen- 
tioned act to the contrary in any wise notwithstanding. [^Passed June 
24 ; published June 30. 



CHAPTER 2. 

AN ACT IN FURTHER ADDITION TO AN ACT ENTITULED " AN ACT DI- 
RECTING THE ADMISSION OF TOWN INHABITANTS," MADE AND 
PASS[i?]D IN THE THIRTEENTH YEAR OF THE REIGN OF KING WIL- 
LIAM THE THIRD. 

Be it enacted by the Lieutenant-Governour, Council and Representa- 
tives in Genercd Court assembled, and by the authority of the same, 

[.Sect. 1.] That the inhabitants of the several towns within this itoo.i, chap. 23. 
province, who shall receive, admit and entertain any person or persons be*'entertahied ^ 

[283] 



284 



Province Laws.— 1723-24. 



[Chap. 3.] 



Penalty. 



in a town above not being inhabitants of such town, either as inmates, boarders, ten- 
•whhout giving ants, or under any other qualifications, for more than the space of forty 
eeie'^un°n'& days, aud shall not, in writing under their hands, give an account to one 
' " or more of the selectmen or town clerk of such town, of all such per- 
sons so received, admitted and entertained by them, with the time they 
first received them, and the place from whence they last came, together 
with their circumstances, as far as they can, shall, for every such neglect, 
forfeit and pay the sum of five pounds, to be recovered by bill, plaint 
or information in any of his majest[y] [ie]'s courts of record within this 
province, the one half of said fine to be employed to and for the use of 
the poor of the town where such offence shall be, the other half to him 
or them that shall inform and sue for the same ; or they shall be liable 
to answer all charges which may arise on the said town, by the receiving 
and entertaining such person or persons as aforesaid, to be recovered by 
the town treasurer, who is hereby impowered to bring an action accord- 
ingly. 

Provided, nevertheless, 

[Sect. 2.] This act shall not be understood of an}'^ inhabitants of 
such town or towns, who, in the time of the sitting of the general 
court, shall entertain any of the members thereof, their servants or 
necessary attendants. 

[Sect. 3.] This act to continue and be in force for the space of 
three j-ears from the publication thereof, and no longer. \_Passed June 
24 ; published June 30. 



Proviso. 



Limitation. 



CHAPTEE 3. 

AN ACT FOR LIMITING AND REGULATING THE PROCEEDINGS OF THE 
JUDGES OF PROBATE AND FOR GRANTING LETTERS OF ADMINISTRA- 
TION, IN THE RESPECTIVE COUNTIES OF THE PROVINCE, IN THEIR 
GRANTING ADMINISTRATION ON SUCH ESTATES AS HAVE NOT BEEN 
FULLY ADMINISTER[i?]D ON ALREADY, COMMONLY CALLED ADMIN- 
ISTRATIONS DE BONIS NOX. 



Preamble. 
1719-20, chap. 10, 

7 Allen, 428. 



No administra- 
tions de bonis 
non to be grant- 
ed but where 
there are bona 
notabilia, or 
debts unsatis- 
fied. 

Rights of com. 
monages to go 
to the heirs. 



Whereas, of late years, it hath frequently happen[e]d that the judges 
of probate in some of the counties of the province have gi-anted letters 
of administration de bonis non, on the estates of persons deceased, even 
many years after the will of such person has been fully executed, or 
administrations on intestate estates made up and finished, under a pre- 
tence that such deceased person died seized of some right of commons 
in lands, or other real estate, whereby such administrators have given 
great disturbance to the respective towns or proprietors that own such 
lands, when at the same time it is not so much as pretended that there 
is any personal estate of the deceased left unadminister[e]d upon, or any 
debts remaining unpaid ; for prevention whereof. — 

Be it enacted by the Lieutenant-Governour, Council and Representa- 
tives, in General Court assembled, and b;j the authority of the same, 

[Sect. 1.] That for the future, no administration de bonis non shall 
be granted on the estate of any person deceased, unless oath be first 
made that there are bo7ia notabilia, or a personal estate, of five pounds' 
value, unadmiuister'd on, or there appear to be debts of the like or 
greater value not satisfied. 

And be it further enacted by the axdhority aforesaid, 

[Sect. 2.] That in all such cases where it is alledged, or may be 
supposed that the deceased died seized of some rights of lands or com- 
monages, the same being a real estate, administration shall not be 
granted thereon ; but, as the same descends and belongs to the heu-s of 



[1st Sess.] Province Laws.— 1723-24. 285 

the deceased, so such heh's, and they only, shall demand, prosecute or Actions of any 
sue for the same ; and all actions for such lands or real estate, brought game barred.^ 
or to be brought by the administrators de bonis non, shall be dismiss[e]d 
and forever barr[e]d in the law ; any law, usage or custom to the con- 
trar}^ notwithstanding, \^Passed June 17 ; piiblisJied June 30. 



CHAPTEK 4. 

AN ACT TO ENABLE ADDINGTON DAVENPORT, THOMAS HUTCHINSON 
AND EDWARD HUTCHINSON, ESQRS,, THE SURVIVING TRUSTEES OF 
THE FIFTY THOUSAND POUNDS LOAN, TO ASSIGN OVER SUCH MORT- 
GAGES AS ARE MADE TO THE TRUSTEES OF THE SAID LOAN. 

^Vhereas mau}^ of the persons that borrowed monc}' of the trustees Preamble, 
for the fifty thousand pound[s] loan, and mortgaged their lands for the ^ ^ '^ ap. lo. 
payment thereof, are some of them in arrear more than eight j'ears, 
both as to principal and interest, and thereupon the mortgagees have 
taken possession of several of the mortgaged estates, some of w[/a']ch 
are rather lessening than growing in their value, and it would be most 
for the interest of the province, and no damage to those concerned, if 
there were a power granted to the said trustees to assign over the said 
mortgages to such person or persons as have second mortgages on the 
same estates, or to any other creditor of the mortgager, — 

Be it therefore enacted by the Lieutenant-Governour, Coimcil and 
Representatives in General Court assembled, and by the authority of the 
same, 

That the aforenamed Addington Davenport, Thomas Hutchinson and Trustees of the 
Edward Hutchinson, surviving trustees, and their successors in said fmpowemUo 
trust, as aforesaid, be, and hereby are, impowered to assign over all such assign over 
mortgaged estates as they have already taken, or may hereafter take tatea1o"otiier 
possession of, in ther/rlfrel capacity aforesaid, unto such person or per- "•editors of the 

' L JL J 1 J -1 - X i U mortgagors. 

sons as have second mortgages on the said estates, or to any other 
creditor or creditors of the mortgagers, he or they paying what is justly 
due to the province thereupon : reserving always to the mortgager, his Proviso, 
heirs, executors or administrators the right of redemption as by law is 
provided. [^Passed June 29 ; published June 30. 



CHAPTEE 5. 

AN ACT FOR REVIVING AND FURTHER CONTINUING OF SEVERAL 
TEMPORARY ACTS, WHICH, BY THEIR RESPECTIVE LIMITATIONS, 
ARE EXPIRED OR NEAR EXPIRING. 

Whereas, at a session of the great and general court or assembly 
held at Boston, the twentieth day of October, in the seventh year of 
the reign of her late majesty Queen Anne, an act was made and passed, 
entituled " An Act to enable creditors to receive their just debts out of 1708.9, chap. 7. 
the effects of their absent or absconding debtors," which act, being Y^^'^^' ^^^^' 
temporar}', was revived and further continued to the thirtieth day of 
June, one thousand seven hundred and twent^'-three ; and ivhereas, at a 
session held at Boston, the sixth day of Februaiy, in the fourth year of 
his present majesty's reign, an act was made and passed, entituled "An 1717.I8, chap. 
Act in addition to an act providing in case of sickness," which was ^*' 
to coQtinue and be in force to the end of this present session, and no 



286 



Peovince Laws. — 1723-24. 



[Chap. G.] 



1719-20, chap. 2. 



These several 
acts to remain 
in force to the 
end of the gen- 
eral court iu 
May, 1728. 



longer ; and whereas^ at a session begun and held at Boston, the twenty- 
seventh day of May, in the fifth year of his present majest^-'s reign, an 
act was made and passed, entituled " An Act in addition to an act 
entituled ' An Act iu fiu'ther addition to an act for encouraging the 
killing of wolves,' " which was linnted to the term of four years ; 
which several acts having been found beneficial to this goA^ernment, — 

Be it therefore enacted by the Lieutenant-Governour, Council and 
Mepresentatives in General Court assembled, and by the authority of the 
same, 

That all and singular the aforerecited acts, and all and singular the 
paragraphs, clauses, articles, directions and powers, in each and every 
of them contained, be, and hereby are, revived, re-enacted and directed 
to abide and remain in full force, and accordingly to be exercised, 
practised and put in execution, until[l] the end of the session of the 
general court in May, one thousand seven hundred and twenty-eight, 
and no longer ; any law, usage or custom to the contrary notwithstand- 
ing. [^Passed June 26 ; published June 30. 



CHAPTEE 6. 

AN ACT FOR THE BETTER REGULATING THE CURING AND CULLING 

OF FISH. 



Time allowed 
for the curing 
of codfish. 



Preamhit. Whereas many and gi*eat abuses have of late happened to the buy- 

1718-19, chap. 4. ^^^ ^^ ^j^j^^ through the carelessness and neglect of those who have the 

care of curing and culling of fish ; for remed}' whereof, — 

Be it enacted by the Lieutenant-Governour, Council and Ropresent- 
\_ati]ves in Gen[_era']l\\'] Court assembled, and by the authority of the 
same, 

[Sect. 1.] That no codfish brought in and delivered to any shore- 
man, or others, to be cured in order to be sold and exported for any 
for[r]eign markets, from the first of October to the first of March, shall 
be exposed to sale, uutil such fish hath been ashoar and wash'd out at 
least two months, on penalty of forfeiting all such fish so exposed to 
sale, or the value thereof. 
And farther it is enacted, 

[Sect. 2.] That no fish brought in and delivered, as aforesaid, from 
the first of March to the last day of September, shall be exposed to 
sale until [1] such fish hath been on shoar and wash'd out thirt}^ days at 
least, under the penalty as aforesaid. 

And be it further enacted by the ctuthority cforesaid, 

[Sect. 3.] That if any merchant or other person or persons shall 

fo7not"fu'ifiiiin'g agree with any shoreman, or any other person or persons, for his load 

their agree- ^f gg]^^ ^y. other smaller quantity, for exportation, and such agreem[(?]nt 

be made before two sufficient witnesses, or a memorandum in writing 

sign'd by the parties, such shoreman or owner of such fish shall not 

dispose of the fish so sold or agreed for, to any other person whatsoever, 

under the penalty of ten shillings for each quintal, to be paid to the 

merchant or buyer ; and that all fish so sold and agreed for, being well 

cured, and ready to pass the cull by a sworn culler appointed for that 

purpose, and tlie same beiug tendered by the owner of such fish to the 

merchant or purchaser thereof, such merchant or purchaser of said fish 

shall be, and hereby is, obliged to receive the same according to the 

agreem[(?]nt made ; and in case of his refusal, shall forfeit and pay to 

the owner of such fish ten shillings per quintal. 



Penalty to the 
buyer or seller, 



[1st Sess.] Province Laws.— 1723-24. 287 

And be it further enacted, 

[Sect. 4.] That the justices of the court of gen[era]l[l] sessions of Howcuiieraof 
the peace in each county within this province, shall be, and hereby are fppouited.^'' 
impowered to appoint suitable and meet persons in every town or place 
within their respective counties, where fish is cured or dried, and that 
at their sessions immediately after the first day of June yearly ; and 
[that] the selectmen of each town where the fishing trade is carried on, 
shall present a list of suitable persons for cullers, which shall contain 
twice so many as they judge necessar^^ for that office, out of w[/<i]ch 
list the justices shall appoint a fit number, if they approve of the per- 
sons so nominated ; if not, they may nominate and appoint others whom 
they shall think proper ; and it shall be in the power of the merchant The buyer to 
and buyer of fish, to chuse his culler or cullers out of the number ap- cunor? ^^^ 
pointed, as aforesaid, in the town where the fish is ; and all cullers shall Cuiur to deliver 

«i certificate of 

deliver a certificate to the merchant, of all merchantable fish cull'd by fish. 
them and put on board his ship or vessel ; and in case there should DiflFcrence he- 
arise any difference between the buyer and seller relating to the culling and'^eenerf how 
of fish, it shall be decided by two other sworn cullers, one to be chosen *°^^ decided. 
b}^ the seller and the other by the buyer, together with the former cul- 
ler ; two of which agreeing, shall determine that matter. 

[Sect. 5.] And all cullers offish so chosen by the gen[era]l[l] ses- 
sions of the peace for such town or place respectively, shall, in discharge 
of their trust, every of them take the following oath, before the court 
of gen[era]l[l] sessions of the peace, or before one or more justices of 
the peace, and a certificate of the persons being sworn return'd to the 
clerk of the sessions ; viz., — 

I, S. M., do swear that I will faithfully and impartially to the best of my Culler's oath. 
judg[e]ment, perform the duty and office of culler of fish for the year ensiling, 
and until another be appointed and sworn in my room, and that I will 
alwa[y][ie]s have a regard to the particnlar directions of the act for the 
better regulating the curing and culling of fish. So help me God. 

And he it further enacted by the axithority aforesaid., 

[Sect. 6.] That the culler of fish shall receive for his service, one cuiier'sfee. 
pen[7i]3^ for each quintal of fish that shall be cull'd by him, one half 
thereof to be paid by the buyer, and the other half by the sftler ; and Penalty in case 
in case any sworn culler shall, directly or indirectly, receive any bribe °^ bribery. 
or gratuity from either party, or any other person or persons, such 
sworn culler, being convicted thereof, shall forfeit and pa}- the sum of 
twenty pounds. 

And he it further enacted by the authority afores\_ai']d^ 

[Sect. 7.] That no merchant, or master, or other person, shall ship oath to he 
any other codfish, on board any ship or vessel that loads merchantable ^^miied^'cod- 
fish, than what is merchantable, unless the said master shall make oath fish being 
before the impost officer, at his clearing with him, of what quantities of '*^'PP^'^- 
middling or refuse codfish he hath taken or ship'd on board said vessel 
for himself or any other person ; and the impost oflScer is hereby or- 
dered not to clear any ship or vessel laden with fish, until the master 
has made oath as aforesaid. 

And be it farther enacted, 

[Sect. 8.] That all forfeitures and penalties arising b}' force and Fines, how to 
vertue of this act (not otherwise disposed of therein) shall be one half ^^ disposed o£ 
to the poor of the place where the offence shall be committed, and the 
other half to the informer, or to him or them that shall sue for the same 
in any of his maj[esi?/'s][ies] courts of record within this province; 
any law, usage or custom to the contrary notwithstanding. 

[vSect. 9.] This act to continue and be in force for the space of Term of the 
three years from the publication thereof, and no longer. [Passed June *'^*' 
29 ; published June 30. 



288 Province Laws.— 1723-24. [Chap. 7.] 



CHAPTER 7. 

AN ACT FOE, GRANTING UNTO HIS MAJESTY SEVERAL RATES AND 
DUTYS OF IMPOST AND TUNNAGE OF SHIPPING. 

We, his majesty's most loyal and dutifull subjects, the representatives 
of his majesty's province of the Massachusetts Bay in New England, 
considering the necessity of calling in the sum of seventeen thousand 
pounds, granted to his present majesty by bills emitted at the severall 
sessions annis 1718 and 1719, to be levyed and collected in this 
present year, have cheerfully and unanimously given and granted, 
and do hereby give and grant unto his most excellent majest}^ to the 
ends, use and intent aforesaid, and for no other use, the several dutys of 
impost upon wines, liquours, goods, wares and merchandizes that shall be 
imported into this province, and tunnage of shipping hereafter mentioned 
and expressed, for calling in the sum of three thousand pounds, 
part of the said sum of seventeen thousand pounds abovementioned ; 
and pray that it may be enacted, — 

And be it accordingly enacted by the Lieutenant- Governour, Coun- 
cil and Representatives in General Court assembled, and by the author- 
ity of the same, 

[Sect. 1.] That, from and after the twenty-ninth day of June, inst., 
there shall be paid by the importer of all wines, liquors, goods, wares 
and merchandizes, that shall be imported into thi» province from the 
place of their growth (salt, cotton-wool, provisions and every other 
thing of the growth and produce of New England excepted) , the severall 
rates and duty's of impost following ; viz'., — 

For every pipe of common wine of the Western Islands, twenty 
shillings. 

For every pipe of Canary and for every pipe of Madera or Passada, 
twenty-five shillings. 

For ever}^ pipe of other sorts not mentioned, twenty shillings. 

For every hogshead of rum, containing one hundi'ed gallons, twenty 
shillings. 

For ever}^ hogshead of sugar, two shillings. 

For every hogshead of molosses, one shilling. 

For every hogshead of tobacco, twenty shillings. 

For every tun of logwood, three shillings. 

And so proportionabl}' for greater or lesser quantitys. 

And for all other commodities, goods ©r merchandize not mentioned 
or excepted, one penny for every twenty shillings' value ; all goods im- 
ported from Great Britain excepted. 

[Sect. 2.] And for any of the above wines, liquors, goods, wares, 
merchandize, &c., that shall be imported into this province from any 
other ports than the places of their growth and produce, there shall be 
paid by the importer double the value of impost appointed by this act, 
to be received for every species abovementioned, unless they do bona 
fide belong to the inhabitants of this jDrovince, and come upon their 
risque from the port of their growth. 

And be it further enacted by the atdhority aforesaid, 

[Sect. 3.] That all the aforesaid imposts, rates and dutys shall be 
paid in currant money, or in bills of credit of this province, by the 
importer of any wines, liquors, goods or merchandize, unto the commis- 
sioner and receive)- to be appointed, as is hereinafter directed, for entriug 
and receiving of the same, at or before the landing of any wines, liquors, 
goods or merchandizes ; only the commissioner or receiver is hereby 
allowed to give credit to such person or persons where his or their duty 



[1st Sess.] Province Laws.— 1723-24. 289 

of impost in one ship or vessell doth exceed the sum of ten pounds ; and 
in case where the commissioner or receiver shall give credit, he shall set- 
tle and ballance his accompts with every person, so that the same 
accompts may be ready to be presented to this court in May next. And 
all entrys where the impost or duty to be paid doth not exceed four 
shillings shall be made without charge to the importer, and not more 
than sixpence to be paid for any other single entry to what value soever. 
And be it further enacted by the authority aforesaid, 
[Sect. 4.] That all masters of ships or other vessells coming into 
any harbour or port within this province from be3'ond sea, or from any 
other province or colony, before bulk be broken and within twenty-four 
hours after his arrival in such harbour or port, shall make a report to 
the commissioner or receiver of the impost to be appointed as is hereaf- 
ter mentioned, of the contents of the lading of such ship or vessell, with- 
out any charge or ffee to be demanded or paid for the same, which report 
such master shall give into to the said commissioner or receiver under 
his hand, and shall therein set down and express the quantities and 
species of the wines, liquors, goods and merchandizes loaden on such 
ship or vessell, with the marks and numbers thereof, and to whom the 
same is consigned ; and also make oath that the said report or manifest 
of the contents of his ladeing, so to be by him given in under his hand 
as aforesaid, contains a just and true accompt, to the best of his knowl- 
edge, of the whole ladeing taken on board and imported in the said vessell 
from the port or ports such vessell came from, and that he hath not broken 
bulk nor delivered any of the wines, rhum or other distilled liquors or 
merchandizes loaden on said ship or vessell, directl}^ or indirect!}^, and 
that if he shall know of any more wines, liquors, goods or merchandize 
to be imported therein, before the landing thereof he will cause it to be 
added to his manifest ; which manifest shall be agreeable to a printed 
form made for that purpose, which is to be filled up by the said com- 
missioner or receiver according to each particular person's entry ; 
which oath the commissioner or receiver is hereby impowred to admin- 
ister ; after which such master may unload, and not Ijefore, on pain of 
one hundred pounds to be forfeited and paid by each master that shall 
neglect his duty on this behalf. 

And be it further enacted by the authority aforesaid, 
[Sect. 5.] That all merchants, factors and other persons, importers, 
being owners of, or having any of the wines, liquors, goods or merchan- 
dizes consigned to them, that by this act are liable to pay impost or 
duty, shall, by themselves or order, make entry thereof in writing, under 
their hands, with the said commissioner or receiver, and produce unto 
him the original invoice of all such goods as pay ad valorem, and make 
oath thereto in manner following : — 

You, A. B., do swear that the entry of the goods and merchandize, by you 
noAv made, contains the true value, agreeable to the original invoice herewith 
exhibited, and that, according to your best skill and judgement, is not less 
than the real cost thereof. So help you God. 

— and pay the duty and impost by this act required, before such wines, 
liquors, goods, wares or merchandizes be landed or taken out of the ves- 
sell in which the same shall be imported ; on pain of forfeiting all such 
wines, liquors, goods, wares or merchandize so landed or taken out of 
the vessell in which the same shall be imported. 

[Sect. 6.] And no wines, liquors, goods, wares or merchandizes 

that by this act are lyable to pay impost or duty, shall be landed on any 

wharfF, or into any warehouse or other place, but in the daytime only, 

and that after sunrise and before sunset, unless in the presence ef and 

37 



290 Province Laws.— 1723-24. [Chap. 7.] 

with the consent of the commissioner or receiver, on pain of forfeiting 
all such wines, liquors, goods, wares and merchandizes, and the lighter, 
boat, or vessell out of which the same shall be landed or put into any 
warehouse or other place ; which abovesaid oath the commissioner or re- 
ceiver is hereby impowred to administer. 

[Sect. 7.] And if any person or persons shall not have and produce 
an invoice of the quantity's of rhum or liquors to him or them con- 
signed, then the caske wherein the same is shall be gauged at the charge 
of the importer, that the quantity thereof may be known. 
And be it further enacted by the authority aforesaid., 
[Sect. 8.] That every merchant or other person, importing any 
wines into this province, shall be allowed twelve per cent for leakage : 
provided such wines have not been filled up on board ; and that every 
hogshead, butt or pipe of wine that hath two third parts thereof leaked 
out, shall be accounted for outs, and the merchant or importer to pay no 
duty or impost for the same. And no master of any ship or vessell shall 
suffer any wines to be filled up on board without giving a certificate of 
the quantity so filled, under his hand, before the landing thereof, to the 
commissioner or receiver of the impost in such port, on pain of forfeit- 
ing the sum of fifty pounds. 

[Sect. 9.] And if it be made appear that any wines imported in any 
ship or vessell be decayed at the time of unlading thereof, or in twenty 
days afterward, oath being made before the commissioner or receiver 
that the same hath not been landed above that time, the dutys and im- 
post paid for such wines shall be repaid unto the importer thereof. 
And be it further enacted by the authority aforesaid^ 
[Sect. 10.] That the master of any ship or vessell importing any 
wines, liquors, goods, wares or merchandize, shall be lyableto and shall 
pay the impost of such and so much thereof contained in his manifest 
as shall not be duly entred nor the duty paid for the same by the per- 
son or persons to whom such wines, liquors, goods, wares or merchan- 
dize are or shall be, consigned ; and it shall and may be lawfull to and 
for the master of every ship or other vessell to secure and detain in his 
hands at the owners' risque, all such wines, liquors, goods, wares or 
merchandize imported in such ship or vessell, until he shall receive a cer- 
tificate Irom the commissioner or receiver of the impost that the duty 
for the same is paid, and until he be repaid his necessary charges in se- 
cureing the same ; or such master may deliver such wines, liquors, goods, 
wares or merchandize as are not entred, unto the coiiiiss'^ or receiver 
of the impost in such port, or his order, who is hereby impowred and 
directed to receive and keep the same, at the owner's risque, until the 
impost thereof, with charges, be paid, and then to deliver such wines, 
liquors, goods, wares or merchandize as such master shall direct. 
And be it further enacted by the authority aforesaid., 
[Sect. 11.] That the commissioner or receiver of the impost in each 
port shall be, and hereby is, impowred to sue the master of any ship or 
vessell for the impost or duty for so much of the lading of any wines, 
liquors, goods, wares and merchandizes imported therein, according to 
the manifest by him to be given upon oath as aforesaid, as shall remain 
not entred and the duty or impost thereof not paid ; and where the 
goods, wares or merchandizes are such as that the value thereof is not 
known, whereby the impost to be recovered of the master for the same 
cannot be ascertained, the owner or person to whom such goods, wares 
or merchandizes are or shall be consigned, shall be summoned to appear 
as an evidence at the court where suit for the impost and duty thereof 
shall be brought, and be there required to make oath to the value of 
such goods, wares or merchandizes. 



[1st Sess.] Province Laws.— 1723-24. 291 

And be it fartlicr enacted hj the cmthority aforesaid, 
[Sect. 12.] That the ship or vessell, with her tackle, apparrel and 
fnniiture, the master of which shall make default in anything by this 
act required to be performed by him, shall be Ij'able to answer and 
make good the sum or sums forfeited by such master, according to this 
act, for any such default ; as also to make good the impost or duty for 
any wines, liquors, goods, wares or merchandizes not entred as afore- 
said, and, upon judgement recovered against such master, the said ship 
or vessell, or so much of her tackle or appnr'^^ as shall be sufficient to 
satisfie said judgement, may be taken in execution for the same. 
And the commissioner or receiver of the impost is hereby impowred 
to make seizure of such ship or vessell, and detain the same under seiz- 
ure until judgement be given in any suit to be commenced and prose- 
cuted for any of the said forfeitures or impost, to the intent that if 
judgement be rendered for the prosecutor or informer, such ship or vessell 
and appur''^ may be exposed to sale for satisfaction thereof, as is before 
provided : unless the owners, or some on their behalf, for the releasing of 
such ship or vessell from under seizure or restraint, shall give sufficient 
securit}' to the commissioner or receiver of the impost that seized the 
same, to respond and satisfy the sum or value of the forfeiture and 
dutys, with charges, that shall be recovered against the master thereof, 
upon suit to be brought for the same as aforesaid ; and the master occa- 
sioning such loss and damage unto his owners, through his default or 
neglect, shall be liable unto their action for the same. 
And he it further enacted, 

[Sect. 13.] That the naval officer within any of the ports of this 
province shall not clear or give passes to any master of any ship or 
other vessell outward bound, until he shall be certified by the commis- 
sioner or receiver of the impost, that the dutys and impost for the goods 
last imported in such ship or vessell are paid or secured to be paid. 
And the commissioner or receiver of the impost is hereb}^ impowred to 
allow bills of store to the master of any ship or vessell importing any 
wines or liquors, for -such private adventures as shall belong to the 
master or seamen of such ship or other vessell, at the discretion of 
the commissioner or receiver, not exceeding three per cent of the lading ; 
and the dutys payable by this act for such wines or liquors in such bills 
of store mentioned and expressed, shall be abated. 
And be it further enacted by the authority cforesaid, 
[Sect. 14.] That all penaltys and forfeitures accruing or ariseing by 
virtue of this act, shall be one half to his majesty, for the uses and 
intents for Avhich the aforementioned duty of impost are granted, and 
the other half to him or them that shall seize, inform and sue for the 
same Ijy action, bill, plaint or information in any of his majesty's courts 
of record, wherein no essoign, protection or wager of law shall be 
allowed ; the whole charge of prosecution to be taken out of the half 
belonging to the informer. 

Add be it further enacted by the authority aforesaid, 
[Sect. 15.] That there shall be paid by the master of every ship or 
other vessell coming into any port or ports in this province to trade or 
traffick, whereof all the owners are not belonging to this province, ex- 
cept such vessells as belong to Great Britain, the provinces or colonys of 
Pensilvania, West and East .Jersey, New York, Connecticutt or Rhod 
Island, every voyage such ship or vessell do's make, the sum of eighteen 
pence per tun, or one pound of good, new gunpowder for every tun such 
ship or vessell is in burthen : saving for that part which is owned in 
Great Britain, this province or any of the aforesaid governments (which 
is hereby exempted) , to be paid unto the commissioner or receiver of 
the dutys of impost, and to be employed for the ends and uses aforesaid. 



292 Province Laws.— 1723-24. [Chap. 7.] 

[Sect. 16.] And the said comissiouer is hereby impowred to ap- 
point a meet and suitable person to repair unto and on board any ship 
or vessell to take the exact measure or tunuage thereof, in case he shall 
suspect that the register of such ship or vessell doth not express and set 
forth the full burthen of the same, the charge thereof to be paid by 
the master or owner of such shij) or vessell before she be cleared, in 
case she appear to be of gi-eater burthen ; otherwise to be paid by the 
commissioner out of the moneys received by him for impost, and shall be 
allowed him accordingly by the treasurer in his accompts. And the naval 
oflBcer shall not clear any vessell until he be also certified b}' the said 
commissioner that the duty of tunnagy for the same is paid, or that it is 
such a vessell for which none is payable according to this act. 

And be it further enacted by the authority aforesaid, 

[Sect. 17.] That there be one fit person, and no more, nominated 
and appointed by this court as a commissioner and receiver of the aforesaid 
dut_^ of impost and tunnage of shipping, and for the inspection, care 
and management of the said office and whatsoever relates thereunto, 
to receive conunission for the same from the governour or commander- 
in-chief for the time being, with authority to substitute and appoint a 
deputy receiver in each port besides that wherein he resides, and to 
grant warrants to such deputy receivers for their said place, and to 
collect and receive the impost and tunnage of shipping aforesaid, that 
shall become due within such port, and to render the accompts thereof 
and pay in the same to the said commissioner and receiver ; which said 
commissioner and receiver shall keep fair books of all entrys and dutys 
ariseiug by virtue of this act, also a particular account of every vessell, 
so that the dutys of impost and tunnage ariseiug on the said vessell may 
appear ; and the same to ly open at all seasonable times to the view 
and perusal of the treasurer and receiver-generall of this province (or 
any other person or persons w-hom this court shall appoint) , with whom 
he shall account for all collections and payments, and pay in all such 
moneys as shall be in his hands, as the treasurer or receiver-general shall 
demand it ; and the said coi^issioner and receiver, and his deputy 
and deputys, before their entring vipon the execution of the said office, 
shall be sworn to deal truly and faithfully therein, and shall attend