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

fcj I A I L ri i J ^ J o c 

En '""• T n ^ s 



ACTS AND RESOLVES 



OF 



MASSACHUSET^TS. 



1782-83. 



[Reprinted under Chapter lOi of the Resolves of 1889.] 



■*■ I - 



ACTS 



AND 



LAWS 



OF THE 



COMMONWEALTH 



or 



MASSACHUSETTS. 



BOSTON : 

Printed by Benjamin Edes and Sons, 

Printers to His Excellency the GOVERNOR, the COUNCIL 
and SENATE of the Commonwealth of Ulassac/nisc/ts. 

M,DCC,LXXXII. 



Reprinted by AVRKmT & Potter Printing Company, State Printers. 

1S90. 



ACTS AND LAWS, 

PASSED BY THE GREAT AND GENERAL COURT OR ASSEM- 
BLY OF THE COMMONWEALTH OF MASSACHUSETTS: 
BEGUN AND HELD AT BOSTON, IN THE COUNTY OF 
SUFFOLK, ON WEDNESDAY THE TWENTY-NINTH DAY 
OF MAY, 1782. 



1782. — Chapter 1. 

[May Session, ch. 2.] 



Choi). 1 



AN ACT FOR DIVIDING THE TOWN OF WILBRAHAM INTO TWO 
SEPARATE PARISHES. 

Whereas for the greater Oonvenience of attending the Preamble. 
public Worship of GOD, it is found necessary to divide 
the Town of Wilbraham into two separate Parishes: 

Be it enacted by the Senate and House of Hepresenta- 
tives in General Court assembled, and by the Authority of 
the same, That the said Town of Wilbraham be, and the Town of 
same is hereby divided into two separate Parishes, by the ^vfded'i" "' 



into 



Names of the N^orth Parish, and the South Parish by a two Parishes. 
Line coinciding with the South Line of the Lot whereon Boundaries. 
yathaniel Bliss deceased, lately lived; from the West 
Bounds of said Town to Monson Line ; and that the 
Parishes abovementioned and each of them be, and hereby 
are severally invested with all the Powers, Rights and 
Privileges which Parishes in this Commonwealth are by 
Law invested with. 

And be it further enacted by the Authority aforesaid. 
That Mr. Thomas Merrick , with his Lands and Estate be. Lands annexed 
and he hereby is annexed to the North Parish above men- sou^h PaiTshee. 
tioned, and David Wood, Jesse Carpenter, and Jonah 
Bubee, with their Lands and other Estate be, and they 
hereby are annexed to the South Parish in the said Town ; 
any Thing in this Act to the contrary notwithstanding. 



1782. — Chapter 2. 



Each Parish 
to enjoy in 
equal Shares 
the Land 
heretofore 
sequestered. 



Inhabitants of 
the N. Parish 
to improve the 
Meeting-House, 



John Bliss, 
Esq; to call a 
Meeting of 
the Parishes. 



And be it further enacted, That each of the Parishes 
aforesaid shall have and enjoy in equal Shares the Lands 
heretofore sequestered, devised, or given for the Use or 
Support of the Ministry and the Monies or Securities for 
Money that may be in the Treasury, and as well the Pro- 
ceeds of the Sale of Lands as any other Monies or Secu- 
rities for Money that have been given to the Inhabitants 
of the said Town for the Support of the Gospel. 

And be it further enacted, That the Inhabitants of the 
North Parish aforesaid, shall have a Right to improve the 
Meetino;;-House now standino- in the same Parish for 
the Purposes of Public Worship so long as they shall 
think proper so to improve it. 

And be it further enacted, That John Bliss, Esq; be, 
and hereby is empowered to issue his Warrants to some 
principal Inhabitant of each of the said Parishes, requir- 
ing them to warn the Inhabitants of the Parishes to which 
they respectively belong, to meet at such Time and Place 
in each of the said Parishes as by such Warrants shall be 
duly specified, and then choose such Officers as may be " 
necessary to manage the Affairs of the said Parishes. And 
the Inhabitants qualified by Law to vote being so assem- 
bled, shall be, and hereby are empowered to choose such 
Officers in their respective Parishes accordingly. 

June 20, 1782. 



Chap. 



Preamble. 



Governor & 
Council 
authorised to 
apprehend all 
Persons whose 
Enlargement 
may be dan- 
gerous to the 
United States. 



1783. — Chapter 3. 

[May Session, ch. 3.] 

AN ACT TO SUSPEND THE PRIVILEGE OF THE WRIT OF 
HABEAS CORPUS FOR SIX MONTHS. 

Whereas it is necessary for the public Safety, that the 
Writ of Habeas Corpus, under certain Circumstances, 
should be suspended for a limited Time: 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same, That his Excellency the Governor 
with the Advice of Council be, and he hereby is authorised 
and empowered to apprehend and secure in any Goal in 
this Commonwealth without Bail or Maiuprize, any Per- 
son or Persons wdiose being at large may be judged by 
His Excellency and the Council, to be Dangerous to the 
Peace and Well-being of this or any of the United States ; 



1782. — Chapter 3. 

any Law, Usage ov Custom to the contrary notwith- 
standing. 

Til is Act to continue in Force for the Space of Six Limitation. 
Months, and no longer. June 27, 1782. 

1783. — Chapter 3. 

[May Session, ch. 4.] 



Chap. 3 



AN ACT FOR INCORPORATING CERTAIN INTERVAL LANDS 
BELONGING TO CERTAIN INHABITANTS OF SPR[\GF1ELD, 
AND WEST-SPRINGFIELD, LYING ON THE WEST SIDE OF 
COXNECTICUT RIVER, AND ON BOTH SIDES AGAWAM RIVER, 
INTO A COMMON FIELD. 

Whereas Mr. Thomas Williston, Representative for the Preamble. 
Town of Springfield, hath Petitioned this Court for him- 
self and in behalf of the Persons hereafter named, viz. 
Captain Samuel Burt, Captain Thomas Stebbins, Jona- 
than Dwight, John Burt, John Ashley, Gad Bliss, Daniel 
Bliss, Joseph Lumbard, Nathan Bliss, Jacob Cooley, 
Zenas Bliss, Moses Bliss, Esquire, Thomas DvA'ight, 
Samuel Palmer, John Worthington, Esquire, Thomas 
Bates, Capt. Joseph Ferry, Widow Mary Ferry, John 
Ferry, Solomon Ferry, Joseph Clough, Chauncey Brewer, 
Esquire, Josiah Hitchcock, Samuel Leonard, Elijah Day, 
David Mason, Benjamin Day, Esquire, Benjamin Leon- 
ard, y^<«^o?•, Enoch Cooper, Daniel Harris, Abner Leonard, 
Moses Leonard, Reuben Leonard, Benjamin Leonard, 
Stephen Bodurtha, Da:vid White, Samuel Phelps, John 
Lanckton, Jonathan Allen, Hezekiah Warriner, James 
Phillips, Solomon Miller, Captain Abel Cooley, Justin 
Ely, Esquire, Joseph Stebbins, Joseph Merrick, Rev. Rob- 
ert Breck, Eleanor Coleman, Capt. Israel Cliapin, Cap)t. 
Timothy Bliss, Andrew Colton, Gerald Warner, John 
Warner, junior, Samuel Bliss, Aaron Warriner, Capt. 
George Pynchon, Jedediah Bliss, and Horace White, 
representing that by Reason of the Annual Floods in the 
aforesaid Rivers, the said Lands have always hitherto been 
fenced and improved in a Common Field, and that the 
most of them cannot be fenced in severalty ; and that by 
the Dissolution of the ancient Field in which they were 
formerly included, the Proprietors are deprived of the 
Benefit and Aid of the Laws respecting the Inclosing and 
due Regulation of General Fields, for want of a legal 
Establishment, by Means whereof the Profits of their 



8 



1782. — Chapter 3. 



Certain Land 
on the West 
Side of 
Connecticut 
River incorpo- 
rated into a 
common Field. 



Proviso. 



Improvements of those Lands are greatly diminished, and 
praying that the said Lands may be erected into one com- 
mon and general Field, as they are included ivithin the 
following Lines, viz. Beginning at the West Side of 
Connecticut Biver, at the /South Last Corner of the Lot, 
lately the Homelot q/" John jNIiller, deceased, and extending 
Westerly in the South Line of said Lot to the W^est End 
thereof, to the Toion Way there; thence turning J^ortherly, 
between said Lot and said Way, a few Mods to the County 
Hoadfrom the Ferry to the Bridge; thence imnning on 
the South Side said County Road, or Highway, towards 
said Bridge, to the Horth-East Corner of Samuel Leon- 
ard's Pasture, near the said Bridge; thence turning and 
running Southerly in the East Line of said Pasture to 
the South-East Corner thereof; thence on the highest 
Grounds a few Bods to the Side of Airawam River; 
thence continuing on the Bank of said River and down 
the same, to a Place directly opposite to the East Pence of 
Moses Leonard's Pasture, under the Hill in Agawam 
Meadoiv ; and thence across said Agawam River to said 
Moses's Fence aforesaid; and so continuing Southerly, 
coinciding icith the same Fence, arid witli the Fence of the 
East Side of the next Pasture, Southerly of said Moses's 
aforesaid; and so on in the same Course to James Phil- 
lips's Land, and in the Fence of said James Phillips until 
it comes to the Brow of the Hill in his Land, and con- 
tinuing on the Brow of the Hill to his Mansion House, 
late Rice's, now in Occupation of hi^ Son Thompson Phil- 
lips : and thence in the same Line that the Fence of the 
Old Field runs, to the Mouth of Agawam River; and 
from thence by the West Side of Connecticut River to the 
first Bound: Wherefore, 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority 
of the same. That the Lands aforesaid, being all the Land.s 
included within the Lines aforesaid, be, and hereby are 
incorporated into one common and General Field ; and 
the Proprietors and Owners of the said Lands are hereby 
invested witii all the Powers and Privileges that the Pro- 
prietors of Lands in General Fields by Law are invested 
withal. 

Provided nevertheless, and ichereas several Persons 
Proprietors of Lands within the limits aforesaid, viz. 
Beacon Jonathan White, Timothy Day, Ebenezer Day, 



1782. — Chapter 4. 9 

Caleb Parsons, Caleb Bliss, Aaron Day, Dr. John Van- 
horn, Samuel Ely, Jonathan Smith, and Benjamin Steb- 
l)ins. jun. have not joined in the Application made for 
tlie Incorporation thereof, hut have declined their Consent 
thereto: Therefore, 

Be it enacted, That none of the beforementioned Pro- Declining 
prietors who have declined their Consent as aforesaid, shall not't*"bL°Jnb- 
be obliged as Meml)ers of the said Corporation or Pro- Je<=t to this Act. 
priety, to contribute to the general Fence, or be subjected 
to the Votes of the other Proprietors in Kegard to his or 
their Lands they now own there, whenever and so long as 
he or they shall inclose and improve the same in severalty, 
or siiall not improve and enjoy the same under the Pro- 
tection and Security of the same common Fence with the 
rest of the Proprietors in general ; any Thing in the fore- 
going Paragraph to the contrary notwithstanding. 

And be it further enacted, That each and every of the Proprietors 
j>etitioning Proprietors aforesaid, may be at full Lilierty ^nd' improve 
at any and all Times hereafter, to inclose and improve by tandi/^"'^ 
themselves, any of their Lands lying within^he Limits 
aforesaid, as if such Act of Incorporation had not been 
made ; they maintaining their respective Proportions of 
the jreneral Fence around the same. June 27, 1782. 



1782. — Chapter 4. 

[May Session, ch. 5. J 

AN ACT FOR NATURALIZING MICHAEL CUNNINGHAM ChciT) 4 

AND JOHN PRESCOTT. ^ " 

Wliereas Michael Cunningham and John Prescott, Preamble. 
late of the Town of Halifax, in Xova Scotia, have pro- 
duced substantial Evidence that they have, during the 
present War, particularly exerted themselves for the 
Relief of American Prisoners who have been carried into 
said Halifax; and that they have in many Instances, 
oj)posed the British tyranny, and espoused the Cause of 
America, and have noiv fled to this Country to pay 
Obedience to and receive Protection from its Lav:s. And 
whereas it is just to reward such Persons icho have thus 
voluntarily taken a Part in our Defence, and expedient to 
encourage such well disposed Foreigners to join themsf-h-es 
to us: 



10 



1782. — Chapter 5. 



Michael 
Cunninghaiii 
and John 
PrescoU 
Naluralized. 



Their Oaths to 
be returned to 
the Secretary. 



Be it enacted by the Senate and House qf Representa- 
tives in General Court assembled, and by the Authority of 
the same. That upon takinsf and subscribing the Oaths of 
Allegiance, Abjuration, and other Oaths required by the 
Laws of this Commonwealth, by the said Michael Cun- 
ningham and John Prescott respectively, they the said 
Michael Cunningham and John Prescott, shall, from the 
Time of taking and subscribing said Oaths before any 
two Justices of the Peace of this Commonwealth, be 
deemed, adjudged and taken to be natural Subjects of 
this Commonwealth, to all Intents, Constructions and 
Purposes, as if they, the said Michael Cunningham and 
John Prescott had been respectively born within this 
Commonwealth, and had continued and dwelt therein 
from the Time of their respective Births, and been here 
abiding on the Fourth Day of July, in the Year of our 
Lord Seventeen Hundred and Seventy-six, and had each 
of them at that Time and ever since, taken a Part with 
and been aiding the Inhabitants of this Commonwealth in 
Defence of their Liberties. 

And be it further enacted by the Authority aforesaid. 
That if the said Michael Cunningham and John Prescott, 
shall take and subscribe the Oaths aforesaid, in Manner 
aforesaid ; the Persons before whom they shall take and 
subscrilje said Oaths, shall make Return thereof to the 
Secretary, who shall record the same in a Book, to be 
kept among the public Records of this Commonwealth for 
the Purpose of recording the Names of such Foreigners 
as shall be hereafter naturalized by Acts of this Com- 
monwealth. June 27,1782. 



Chap. 5 



1782. — Chapter 5. 

[May Session, ch. 6.] 

AN ACT FOR ESTABLISHING AND REGULATING THE FEES OF 
THE SEVERAL OFFICERS AND OTHER PERSONS HEREAFTER 
MENTIONED. 

Be it enacted by the Senate and House of Representa- 
tives in General Court asseinbled, and by the Authority of 
the same. That from and after the First Day of July One 
Thousand Seven Hundred and Eightj^-two, the Fees of 
the several Officers and other Persons hereafter mentioned, 
shall be as follows, viz. 



1782. — Chapter 5. 11 



Justices Fees. 

For every blank AVrit of Attachment and Summons Justices Fees, 
thereon, or original Summons, one shilling. 

Subpena for one or more Witnesses, six pence. 

Entring an Action, or tiling a Complaint in civil Causes, 
one shilling and four pence. 

Fileing Papers, one penni/ half penny each Paper. 

Writ of Execution, one shilling and four pence. 

Examinino;, allowinir, and taxins; a Bill of Cost, three 
poice 

Entring up fludgment in civil or criminal Causes, and 
recording the same, one shilling and four pence. 

Copy of every Evidence, original Paper or Record, if 
under a Page, six pence; if of one Page and upwards, at 
the Kate of nine pence per Page. 

A Recognizance or Bond of Appeal, including Prin- 
cipal and Sureties, one shilling. 

Taking Affidavits out of Courts in order for the Trial 
of any Cause, one shilling and six jjence; fWd for the 
Justice's Travel every Ten Miles, three shillings; the 
same for returning, and so in Proportion ; the Travel to 
be certified by the Justice to the Court before whom the 
Cause is to be tried ; and for writing Deposition, Caption 
and Xotitication, at the Rate of one shilling a Page. 

Taking Affidavits in Perpetuam Rei Memoriam to each 
Justice, one shilling; and Writing the same and Travel as 
before mentioned. 

For administring an Oath to one or more Witnesses at 
the same Time before Referees or Arbitrators, one shilling. 

To Travel for that Purpose, the same as in taking 
Affidavits. 

To administring an Oath to Persons appointed to 
appraise Estates, or to appraise and divide Real Estates, 
together with Certificates of the same, one shilling and 
six pence. 

Taking the Acknowledorment of a Deed with one or 
more Seals, provided it be at one and the same Time, and 
certifying the same, one shilling. 

Receiving a Complaint, and issuing Warrant in criminal 
('ascs, tu:o ■''hillings. 

For granting a Warrant, swearing Appraisers relating 
to Strays, and entering the same, tivo shillings. 

For administring Oaths in all other Cases, with Cer- 



12 1782. — Chapter 5. 

tiiicates, except Oaths to Town, District, or Parish 
Officers, one shilling. 

For Trial of an Issue, two shillings. 

Coroners Fees. 
coronerB Fees. -poY Serving a Writ, Summons, or Execution ; and for 
Travel in returning the same, or for returning an Inquisi- 
tion, the same as by this Act is allowed to Sherifts. 

Bail Bonds, one shilling and six pence. 

Every Trial w^here the Sherifl'is concerned, one shilling 
and six pence. 

For attending the Jury, one shilling. 

For granting a Warrant, and taking an Inquisition on a 
dead Body, /bi»* shillings; if more than one at the same 
Time, and who came to their Death by the same Means, 
tico shillings for every other after the first. 

For Travel and Expences for taking an Inquisition, 
four shillings per Day. 

The Foreman of the Jury at the Rate of (hree shillings 
and sixpence a Day, for Time and Expence ; and to 
every other Juror at the Rate of three shillings per Day, 
exclusive of Travel ; for which, if abov« four Miles, he 
shall have two pence per Mile out and Home. 

The Constable, for his Attendance and Expences in 
summoning a Jury, four shillings a Day. 

And all Charges of the Inquisition shall be paid out of 
the County Treasurer, except such as are taken upon 
Bodies of Strangers not belonging to this Commonwealth ; 
and in such Case the Expence shall be paid out of 
the Treasury of this Commonwealth, such Account of 
Expence being first examined and allowed by the Court 
of General Sessions of the Peace in the County in which 
such Inquisition shall be taken. 

Judge of Pi'obate's Fees. 

batiks Fees '^°* ^^^ granting Administration, three shillings. 

For appointing or allowing Guardians to Minors, tivo 
shillings; and if for more than one Minor to the same 
Guardian, then three pence each for all above the first. 

For a Decree respecting the Probate of a Will or 
Codicil, three shillings and six pence. 

For examining and allowing an Inventory, and swear 
ing the Executor or Executors, Administrator or Admin- 
istrators, one shilling. 



1782. — Chapter 5. 13 

For swearing the Appraisers, nine pence. 

For examining and allowing Accounts, tlwee shillings. 

A Decree for settling Intestates Estates, three shillings. 

A Citation, nine 2)ence, Summons for Witnesses, four 
pence. 

A Quietus, one shilling, a Warrant to appraise or 
divide Estates, o)ie shilling and sixpence. 

For issuino; Commission, recordins: and examining; 
Creditors Claims when Estates are represented Insolvent, 
one shilling. 

For an Order of Distribution, one shilling and six pence. 

Granting an Appeal to the Governor and Council, one 
shilling. 

Register of Probate's Fees. 

For Writing Bond and Letter of Administration, two Register of 

1 m • 7 • Probates Fees. 

shillings and six pence. 

For Writing Bond and Letter of Guardianship, and 
making Record thereof, three shillings, for one Minor ; 
and if for more than one Minor to the sam^ Guardian, 
then three p)ence each for every additional one after the 
first. 

For drawing a Decree respecting the Probate of a Will 
or Codicil, two shillings and six pence. 

For Writing Bond for the Executor, one shilling and 
three pence. % 

For Writing a Warrant to appraise the Estates of 
Persons deceased, one shilling. 

For a Warrant to divide an Intestate Estate among 
the Heirs, 6ne shilling and six Pence. 

For Writing a Warrant to set off a Widow's Dower 
only, or a Warrant to examine the Claims on an Insolvent 
Estate, one shilling. 

For entering on an Inventory the Oath of the Executor 
or Administrator, eight pence. 

For entering on the Account of an Executor, or 
Administrator, or Guardian, an Allowance thereof, eight 
pence. 

Drawing up a Decree on the Settlement or Partition of 
Estates, one shilling. 

Drawing an Order of Distribution, one shilling. 

A Quietus, one shilling; a Citation, nine pence; a 
Summons for a AVitness or Witnesses, six pence. 

For Proportioning an Insolvent Estate among the 



u 



1782. — Chapter 5. 



Justices Fees. 



Clerk of the 
Common Pleas 
Fees. 



Creditors, at the Rate of thi-ee shillinr/s for every twelve 
Creditors, every Creditor's Proportion being severally 
distinguished. 

Recording a Will, Inventor}^ Account or other Matters, 
for every Page, eight pence. 

Copy of a Will, Inventory or other Paper, for each 
Page, eight pence. 

Bond of Appeal, one shilling. 

And be it further enacted, That whenever any Fees 
shall be paid into the Probate OflSce, a particular Account 
of such Fees, and for what they accrued, shall before 
Payment (if demanded) be by the Judge or Register set 
down in Writing, and given to the Party, paying the same, 
and any Fees received without being thus ascertained in 
Writing, when demanded as aforesaid, shall be deemed 
illegal Fees, and the Person or Persons receiving the same, 
shall forfeit and suffer treble the Sum by him so received, 
and be liable to an Action of Debt, to be brought by him 
who shall so pay the same in any Court proper to try the 
same. 

In the Court of Common Pleas. 
Justices Fees. 

For the Entr}'^ of every Action, three shillings; and 
for every Action where an issue in Law or Fact is joined, 
six shillings, in Addition to the Fee for entry. 

Taxing a Bill of Cost, six pence. 

(i ranting an Appeal and taking a Recognizance of the 
Principal and Surety or Sureties, one shilling. 

Proving a Deed, one shilling. 

Surrender of the Principal in Court by his Surety or 
Sureties, one shilling. 

Granting a Writ of Protection, one shilling. 

Entering a Petition and making an Order thereon for 
the Sale of Real Estate, /b?0' shillings. 

Clerk of the Common Pleas. 

Every Action entered, one shilling and four pence. 

Entering and recording a Verdict or Report of Referees, 
eight pence. 

Every Action withdrawn, or Nonsuit, eight pence. 

Confessing Judgment, or Default, or Joinder in 
Demurrer, eight pence. 



1782. — Chapter 5. 15 

Entering np Judgment, and recording the same at 
large, one .shilling. 

Acknowledging Satisfaction of a Judgment on Record, 
e if/ /if pence. 

For entering an Appeal, and recognizing Principal and 
Sureties, one shilling. 

Examining and casting each Bill of Cost, eight pence. 

Fileing each Paper, o)te p)e)iny and a halfpenny. 

Contimiing each Cause to the next Term, eight pence. 

Entering the Surrender of a Principal in Court, and 
making a Record thereof, one shilling. 

Entering a Rule of Court upon the Parties submitting 
a Cause to Referees, eight pence. 

Every blank Writ and Summons, eig Jit pence, 

A blank Scire Facias, nine pence. 

A l)lank Original Summons, eight pence. 

An Original or alias Execution in Personal Matters, 
and tileing the same when returned, one shilling and four 
pence. i 

Every Writ of Possession in real Actions, three shil- 
lings. 

A AVrit of Protection, or Habeas Corpus ad Testifi- 
candum, one shilling. 

Each \'enire Facias for Jurymen, to be paid out of the 
County Treasury, three pence. 

In thp: Court of General Sessions of the Peace. 

To each Justice for ever}^ Day's constant Attendance in of the (Unerai 
Court, /o?/r shillings. ^''""°'- 

Travel for such Justices, as are ten Miles and upwards 
distant from the Court-House or Place where the Court 
sits, /b?/r shillings for every twenty Miles, computing out 
and Home. The Travel and Attendance to be paid out of 
the County Treasury. 

The Clerk to keep an Account of their Attendance as 
aforesaid ; and all Fines and Forfeitures assessed by the 
same Court, and not otherwise appropriated by Law, to 
be paid into the County Treasur}^, for the Use of the 
Count}'. 

Clei'k of the Sessions Fees. 

Entering an Indictment, Complaint, Presentment, orcierkofthe 

T/' .• T'77« 7/- SeBBions FeeB. 

Intormation, one shilling and jour pence. 

Recording the Judgment of the Court thereon, one 
shilling. 



16 1782. — Chapter 5. 

Discharging a Recognizance, eight pence. 

Each Warrant for Criminals, one shilling. 

Each Summons or Subpena for Witness or Witnesses, 
six jpence. 

Each Recognizance for Innholders or Retailers, includ- 
ing Principal and Sureties, and for transmitting the Name 
of the licenced Person to the Selectmen, and recording 
the Licence, one shilling and three pence. 

A Warrant for County Tax, one shilling. 

Warrant to lay out or alter a Road, one shilling and six 
pence. 

Examining and casting the Grand- Jury's Account 
Yearly, and Order thereon, one shilling and six pence. 

Examining any other Account, six pence each. 

Recording the Reports of High Ways and other Matters 
by Order of Sessions, eight pence per Page. 

Copies of all Records or original Papers, eight pence 
per Page. 

For Fileing such Papers, a penny half-penny each. 

Entering an Appeal and recognizing the Principal and 
Sureties, one shilling. 

In the Supreme Judicial Court. 
Justices Fees. 
Justices Fees. Entering an Action or Complaint, five shillings and 
four pence. 

Taking special Bail, two shillings. 

Allowing a Writ of Error or granting a Certiorari, 
Habeas Corpus or other Writ oh Motion, tioo shillings. 

Granting a Writ of Protection, one shilling and six 
pence. 

Proving a Deed, one shilling. 

Entering a Petition and makino; Order thereon for the 
Sale or Partition of Real Estates, six shillings; accepting 
Partition of Real Estates, two shillings. 

Taxing a Bill of Cost, one shilling. 

The foregoing Fees to be paid to the Clerk of said 
Court, who shall some Time in the Month of December 
annually, certify to the Governor and Council, the Sums 
by him so taken and received, and paid over to the said 
Justices, that the same be deducted from the last Quarter 
of the said Justices Yearly Salary ; and the Governor 
and Council are hereby empowered to deduct the same 
accordingly. 



1782. — Chapter 5. 17 

Clerks Fees in tJie Supreme Judicial Court. 

Entering each Action for Trial, j^ve shillings and four cierksFees. 
pence. 

Entering each Complaint, two shillings and eight 
pence. 

Receiving and recording a Verdict, one shilling and 
four pence. 

A Writ of Review, /bi^r shillings. 

A Writ of Scire Facias, two shillings and eight pence. 

A Writ of Execution, tivo shillings. 

A Writ of Facias Habere Possessionem, three shillings 
and four jience . 

A AVrit of Habeas Corpus, two shillings and eight 
pence. 

Copies of all Records, each Page, ticelve pence, less 
than a Page, eight j)ence. 

Entering a Rule of Court, ticelve pence. 

Confessing Judgment, or Default, one shilling and four 
pence. 

Every Action withdrawn, or Nonsuit, one billing and 
four pence. 

Entering an Appearance, eight pence. 

Acknowledging Satisfaction of a Judgment on Record, 
ten pence. 

Examining each Bill of Cost, ten pence. 

Continuing each Cause, and entering the same next 
Term, one shilling and four pence. 

Fileing each Paper in each Cause, two pence. 

Proving a Deed in Court, and certifying the same, one 
sh illing and four pence. 

Entering up Judgment and recording the same at large, 
two shillings and eight pence. 

For each Venire to be paid out of the County Treasuries 
respectively on the Justices Certificate, ybwr^ence. 

Every Writ and Seal other than before mentioned, two 
shillings and eight pence. 

For every Subpena for one or more Witnesses, eight 
pence. 

Each Recognizance, including Principal and Sureties, 
one shilling and four pence. 

A Writ of Protection, one shilling and four pence. 

Entering a Discharge of a Recognizance by Proclama- 
tion, one shilling. 



18 



1782. — Chapter 5. 



Attorney's 
Fees and 
Allowance to 
Parties and 
Witnesses. 



Sheriffs or 
Constables 
Fees. 



Attornies Fees, and Allowance to Parties and Witnesses. 

To Parties recovering Cost for an Attorney or Coun- 
sellors Fee, when Counsel is employed where an issue in 
Law or Fact is joined in the Supreme Judicial Court, 
twelve shillings, and for all other Causes in said Court and 
all Causes in the Court of Common Pleas, and Court of 
General Sessions of the Peace, where an issue in Law or 
Fact is joined, six shillings. 

And for all other Causes in said Court, six shillings. 

For Parties recovering Costs whether in the Supreme 
Judicial Court, Court of Common Pleas, General Sessions 
of the Peace, or before a Justice, one shilling and six 
pence for each Day's Attendance and Travel ; ten Miles 
Travel to be accounted as one Day. No Allowance to be 
made for Travel to or from the Clerk's Office in order to 
take out a Writ or Summons or carry the same to an 
Officer. And no Plaintitf shall be allowed more than 
three Days Attendance when the Defendant is defaulted, 
unless the Defendant appears in Court and makes Answer 
to the Plaintiff's Suit. 

In Criminal Causes where one or more Defendants are 
tried by the Jury at the same Time in the Supreme Court, 
twenty shillings: and if no Trial by Jury (unless the 
Cause is determined by an issue in Law) six shillings; 
and in the Court of General Sessions of the Peace the 
same Allowance for Counsel as in the Common Pleas. 

For drawing an Indictment in the Sessions, three shil- 
lings. 

For drawing an Indictment in the Supreme Judicial 
Court, six shillings. 

For Witnesses in Civil or Criminal Causes, whether in 
the Supreme Judicial Court, Court of Common Pleas, 
Court of General Sessions of the Peace, or before a 
Justice of the Peace, three shillings a Day, and tivo 
pence for each Mile's Travel going out and returning 
Home. 

For the Declaration in a Writ triable before a Justice, 
two shillings. 

Sheriffs or Constables Fees. 

For the Service of an original Summons or Scire Facias 
on one Defendant for trial, either by reading the same or 
by Copy, one shilling and four pence; if served on more 



1782. — Chapter 5. 19 

than one Defendant, then for each other Defendant so 
served, one shilling and four pence; for Service of a 
Capias or Attachment on one Defendant with or without 
Summons, otie shilling and four j)€nce; if served in like 
Manner on more than one Defendant, then for each other 
so served, one shilling and four pence. Provided always, 
Where the Officer is by Law directed to leave a Copy in 
order to compleat the Service he may Charge at the Kate 
of eigJit pence a Page for so much as the same Process 
shall exceed two Pages over and above the one shilling 
and four pence. 

For a Bail Bond and Writing the same, including Prin- 
cipal and Sureties, to be paid l)y the Persons admitted to 
Bail, one shilling. 

For serving a Writ of Possession, exclusive of the 
Poundage on the Cost of Court, six shillings; if on 
more than one Piece of Land, four shillings and six 
2)ence each. 

For the Cost on a Writ of Possession the same Pound- 
age as in Personal Actions. 

For Serving a Warrant, one shillitig and fou^pence. 

For the Sherifis Aid in Criminal Cases, to each Person -v 
four shillirigs, including Expences for every Twelve 
Hours, and so in Proportion for a less Time, and two 
p)ence for each Mile's Travel, going out and returning 
Home. 

For Summoning Witnesses in Criminal Cases, sixpence 
for each Witness, and Travel as in Civil Causes, unless in 
Special Cases, when the Court may increase the Fee to 
what they shall judge reasonable. 

For levying Executions in Personal Actions, viz. For 
the first Twenty pounds or under, iiine pence a pound; 
above that, not exceeding forty pounds, four pence a 
pound; above that, not exceeding one hundred pounds, 
two pence a pound; for all above one hundred pounds, 
one penny a p)ound. Provided nevertheless. That the 
Sheriff or other Officer wdio may serve any Execution 
issued by the Treasurer of this Commonwealth, or by 
any County Treasurer, or Town Treasurer, against any 
Constable or Collector of Public, County or Town Taxes, 
shall not be intitled to demand or receive more than Half 
the Poundage which is allowed in other Cases. 

For Travel for the Service of such Execution, or mean 
Process, or Warrant to him directed, two pence a Mile ; 



20 1782. — Chapter 5. 

Constables *^^® Travel to be computed from the Place of Service to 
Fees. the Court where the Writ or Execution shall be returned, 

by the Way that is most commonly used, but one Travel 
1)6 allowed to one Writ or Execution, and if the same be 
served on more Persons than one, the Travel to be com- 
puted from that Place of Service that is the most remote 
from the Place of Return, with all further necessary 
Travel in serving such Writ or Execution, or the other 
Travelling Fees and Fees of Service to be endorsed by 
the Sherift' or his Deputy on each mean Process or Exe- 
cution, otherwise not to be allowed. 

For serving an Execution upon Judgment of Court or 
Partition of Eeal Estate, or for assigning Dower, jive 
shillings a Day, and hvo pence a Mile out from the Place 
of his Abode. 

Every Trial, eight pence ; every T>eiQ.\x\t, four pence. 

For returning the Certificate' of Votes of the several 
Towns for a Governor &c. to the Secretary's Office, ybi^r 
pence, per Mile, computing from his Abode to the Secre- 
tary's Office, to be paid out of the County Treasury, and 
but one Travel to be allowed for the Whole. 

To the Officer attending the Grand Jury each Day, two 
shillings and six pence; to the Officer attending the Jury 
for Trial, one shilling ; every Cause to be paid with the 
Jury's Fees. 

For dispersing Venires for Jurymen from the Clerk of 
the Supreme Judicial Court, Treasurer's Warrants, and 
Proclamations of all IsAwdiS,, fow pence each. 

To each Appraiser of Real Estates for extending Exe- 
cutions or assigning Dower, ybwr shillings a Day, and so 
for a longer or shorter Time. 

For every Constable who shall attend the Supreme 
Judicial Court, or Court of General Sessions of the 
Peace or Common Pleas by their Order, three shillings 
a Day, to be paid out of the County Treasury, and for 
Encouragement unto the Sherift' to take and use all 
possible Care and Diligence for the safe keeping the 
Prisoners that shall be committed to his Custody, he 
shall have such Salary allowed him for the same as the 
Justices of the Court of General Sessions of the Peace 
within the same County shall think fit to order, not 
exceeding ten pounds a Year for the County of /Suffolk, 
and not exceeding Jive pounds each for the other Counties 
within the Government, at the Discretion of the Court 



1782. — Chapter 5. 21 

of Sessions to be paid out of the Treasury of such 
County. 

And be it enacted by the Authority aforesaid, That any 
Constal)lc in any Town in this Commonwealth be, and he 
is hereby fully authorised and empowered to serve upon 
any Person or I'ersons in his respective Town, any 
original Writ, Summons, or Writ of Execution in any 
Personal Action whei'e the Damages sued for, or 
recovered, do not exceed twenty pounds, and Return 
thereof to make to* any Court proper to try the same. 

Criers Fees. 

Calling a Jnvy, Jour 2)ence, to be paid with the Jury criersFees. 
Fees. 

A Default, or Nonsuit, a Judgment assign'd, or Com- 
plaint, a Verdict, or Deuuirrer, eight pence each. 

Discharging a Recognizance by Proclamation, four 
pence; said Fees to be paid to the Clerks of the respec- 
tive Courts for the Use of the Crier. 

%# 
Goalers Fees. 

For turning the Key on each Prisoner committed, three GoaiersFees. 
shillings, to wit, one shilling and six pence in, and one 
shilling and six pence out. 

For Dieting each Person, such Sum Weekly as the 
Court of Sessions shall judge reasonable. 

Grand Jurors Fees. 

Foreman /oM?" shillings per Day. GrancUurors 

Each othe^*. Juror three shillings and sixpence per Day, 

and two pence for each Mile he shall travel, going out and 

returning home, and but one Travel at each Court. 

Jurors for Trial, their Fees. 
To the Foreman in every Cause at the Supreme Judicial Jup^/o'' 

1 riiil tliGir 

Court, the Court of Common Pleas, and Court of General Fees.' 
Sessions of the Peace, thi'ee shillings and sixpence. 

To every other Juror, thi^ee shillings; their Allowance 
for Travel to be the same as the Grand Jurymen, and to 
be paid out of the County Treasury. 

For Marriages, &c. 

To the Town Clerk for publishing the Banns of ^o"" Carnages, 
Matrimony, making a Record thereof, one shilling; and 



22 1782. — Chaptek 5. 

recording the Marriage when the Certificate is returned by 
the Minister or Justice officiating, sixpence. And to the 
Clerk of the Sessions to be paid by the respective Town 
Clerks, twopence. 

Every Certificate of a Publishment, sixpence. 

Recording Births and Deaths, tivo pence. 

For each Marriage to the Minister or Justice officiating 
and for certifying the same to the Town Clerk, six 
shillings. 

To the Town Clerk for a Certificate of the Births or 
Deaths of every VevBon, four pence. 

JSFaval Officers Fees. 

Naval Officers Yov entering every Ship or Vessel from any Part of 
this Government, or from the State of New-Hampshire, 
three shillings. 

For clearing every Ship and Vessel to any Part of this 
Government, or to the State of New-Hampshire, three 
shillings. 

For entering any Ship or Vessel from any other of the 
United States of America, six shillings. 

For clearing every Ship and Vessel to any other of the 
United States, six shillings. 

For entering any Ship or Vessel from a Foreign Voy- 
age, fifteen shillings. 

For clearing every Ship or Vessel for a Foreign Voyage, 
fifteen shillings. 

For every Register and recording the same, six shil- 
lings. 

For indorsing every Register and recording the same, 
two shillings and four pence. 

For every Bond, two shillings. 

For a Certificate to cancel a Bond, one shilling and four 
pence. 

For a Bill of Health, three shillings. 

For every Permit to unlade, one shilling and six pence. 

For every Permit to load, one shilling and six pence. 

For every Cocket, one shilling and six pence. 

Provided nevertheless, That the Fees to be demanded 
for entering and clearing out Vessels employed as Coasters 
for the Purpose of transporting Articles being the Produce 
of this Commonwealth, or of the State oi New-Hampshire, 
from Port to Port within this Commonwealth, or from any 



1782. — Chapter 5. 23 

Port in JVew- Hampshire to any Port in this Common- 
wealth, shall not exceed one sliilling for entering, and 
one sJiUUng for clearing out ; and no Fee for a Permit to 
load or unload. Bond, Cocket or Certiiicate shall be 
demanded for the Vessels last mentioned ; any Thing in 
this Act aforegoing to the contrary notwithstanding. 
For entering a Prize, six shiUings. 

Fees in the Secretary's Office. 

For each Register (exclusive of Naval Officers Fees) ||^^«'''*''>'''' 
tJtvee shillings. 

For a Certificate under the Seal of the Commonwealth, 
for the Benefit of particular Persons, thi^ee shillings. 

Every Order of Notice from the General Court upon 
Petition, ttvo shillings. 

Every other Order of the General Court for the Benefit 
of })articular Persons, one shilling. 

For a Commission, or Letter of Marque and Reprisal, 
and for the other Papers accompanying the same, eighteen 
shillings. 

For all Copies for the Benefit of particular Persons, at 
the Rate of nine pence a Page ; and a Page in this Act is 
meant Twenty-eight Lines of Eight Words a Line, or 
Two Hundred and Twenty-four Words. 

The Secretary shall keep an Account of all Fees by 
him taken as Secretary or Register of the Supreme Pro- 
hate, by Virtue of this Act, that the General Court may, 
once a Year, know the Amount thereof, and take the 
same into Consideration at the Time of making a Grant 
to him for his •Services. 

To the Captain of (7as^Ze-William. 

For a Pass by the Castle, for each Vessel tivo shillings; Fees for the 
except for Wood Sloops and other Coasting Vessels, for castiT" ° 
which Passes have not been usually taken out. 

Messenger of the General Court. 
* 
Serving every AVarrant which the said General Court, ¥^*^.'"Jfg*/^f^ 
or either House may Grant for arresting, imprisoning, or court. 
taking into Custody any Person, tivo shillings. For 
Travel each ]\Iile out, and the same in returning, three 
p)ence. For keeping and providing Food for such Person, 



24 1782. — Chapter 5. 

two shillings and six pence per Day. For his Discharge 
or Dismission, tico shillings. 

County Register's Fees. 
County Regie- Yov enteriuor and retording: a Deed, Partition, or other 

ter 8 Fees. C & ' ' 

Paper, of the Length of one Page or under, ten pence; 
and for certifying on the Original the Time when the 
Book and Page where the same is recorded, ybwr pence. 
If the Instrument recorded exceeds a Page, eig]it pence a 
Page for as man}' Pages as it contains ; the Fees to be 
paid at the offering the Instrument. 

For all Copies, at the Kate of eight pence a Page. 

For enterins: in the ^Slaro^in the Discharge of a Mort- 
gage, to be signed by the Person discharging the same, 
one shilling. 

And be it further enacted. That the Clerks of the 
several Courts, and other Persons keeping Public Offices, 
shall constantly have a List of the Fees by this Act pre- 
scribed, so far as relates to them respectively, printed or 
wrote out in legible Characters, and hung in some con- 
venient Place in their respective Offices. And any Person 
that shall demand any greater Fee or Fees for any of the 
Services aforesaid, than are by this Law provided, he or 
they shall forfeit and pay for every Offence, the Sum of 
Jive pounds, with Costs of Suit to him or them that will 
prosecute and sue therefor by Action of Debt, within one 
Year after the Oflence committed, in the Court of Com- 
mon Pleas. 

And he it further enacted hy the Authority aforesaid. 
That any Person who shall wilfully and corruptly demand 
and receive any greater Fee or Fees for any of the Ser- 
vices aforesaid, than are by this Law provided, and shall 
be convicted t-hereof upon an Indictment of the Grand- 
Jury, in the Court of General Sessions of the Peace, or 
the Supreme Judicial Court, may over and above the 
Fine of five pounds, be adjudged incapable of sustaining 
any Office within the Commonwealth for a Term of Time 
not exceeding Seven Years, from the Time of such Con- 
viction, provided the Information or Indictment be filed 
within one Year next after the Offence committed. 

June 27, 1782. 



1782. — Chapter 6. 25 

1783.— Chapter 6. 

[May Session, ch. 7.] 

AN ACT FOR DIVIDING THE TOWN OF SANFORD IN THE COUNTY Qhaj) fi 
OF YORK, INTO TWO PARISHES. ^ * 

Whereas for the greater Convenience of attending Preamble. 
the public Worship of GOD it is found necessary to 
divide the Town of Sanford into two separate Parishes : 

Be it enacted h>/ the Senate and House of Representa- 
tives in General Court assembled, andby the Authority of 
the same. That the said Town be and hereby is divided 1^^^ °^ 

. ' , '' 6(1)) fori:/. 

into two separate Parishes by the Names of the South divided into 
Parish, and JVbrth Parish, by a Line beginning at the Boundaries. 
Head of the Township of Wells, at Mousam River, so 
called ; thence running up the Eastern Branch thereof, to 
the Mouth of a certain Brook, called the Hay Brook; 
then up said Brook to a certain Place known b}^ the Xame 
of Staple's ]Marsh ; then Xorth West to the Head of the 
said Town of Sanford. ^ 

And be it further enacted. That all the Inhabitants of 
said Town and Lands therein on the Xorth East Side of 
the Line aforesaid shall be considered as belonging to the 
said Xorth Parish ; and the Residue of the Inhabitants 
and Lands as belono-ino- to the said South Parish. 

And be it further enacted by the Authority aforesaid. 
That the several Parishes aforesaid be, and hereby are The Parishes 
respectively invested with all the Powers, Rights, Privi- au^power'ir 
leges and Immunities which other Parishes in this Com- Palirhes.'^'^^'^ 
mon wealth are. invested with. 

And be it further enacted. That J^athaniel Wells, Esq : yathi. weii^i, 
be, and herebv is empowered to issue his Warrant to some Meeting of 
principal Inhabitant of each of the said Parishes, requir- ^'''^ Parishes, 
ing them to Notify and Warn the Inhabitants of the 
Parishes to which they respectively belong, to meet at 
such Time and Place in each of the said Parishes as by 
such Warrants shall be duly specified, and then and there 
choose such Officers as may be necessary to manage the 
Affairs of the said Parishes respectively. And the 
Inhabitants qualified b}^ Law to vote, being so assembled, 
shall be and hereby are empowered to choose such Officers 
in their respective Parishes accordingly. 

July 1,1782. 



26 



Chap. 7 



Preamble. 



Boundaries. 



District in- 
vested with all 
the Powers, 
&c. that other 
Towns in this 
Commonwealth 
have. 

To join with 
the Town of 
Lynn w the 
choice of a 
Representative. 



1782. — Chapter 7. 



1782. — Chapter 7. 

[May Session, ch. 8.] 

AN ACT FOR ERECTING A DISTRICT IN THE COUNTY OF ESSEX, 

BY THE NAME OF LYNNFIELD. ; 

WJtereas the Inhabitants of the North Parish in the \ 
Tovjn of Lynn labour under great Inconveniences and 
Difficulties by Reason of their Distance from and difficult 
Access to the usual Place of Meeting to transact Toivn 
Business, and many other great Disadvantages , and have 
requested this Court that they may be incorporated into a 
District, with all the Privileges of a Town, that of send- 
ing a Representative to the General Court excepted : 

Be it therefore enacted by the Senate and House of 
Representatives in General Cornet assembled, and by the 
Authority of the same. That the said North Parish and all 
that Tract of Land included within the same and divided 
from the Town of lynn, by the Line and Boundary fol- 
lowing, viz. Beginning at Sawgust River, near a White 
Oak Tree in Jonathan Tarble's lower Field, near the Cant 
of the River which is the Line between Jefferds and 
Printouts Farms, and running Eastwardly to Land of 
Benjamin Riddon ; thence turning by e/o7i?i Pool's Land 
• as the Wall runs, to a great Rock by the Side of the Hill ; 
thence Southeasterly to Josmh Newhall, Southwest Cor- 
ner bound, adjoining to the Town Wall, so called ; thence 
running Southeasterly to Andreiv Mansfield, Southwest 
Corner bound at the Wall ; thence running as the Wall 
runs to the South East Corner of Jb/<« Lyndsefs Orchard ; 
thence Northerly as the Wall runs to the Road that leads 
from Reading to Salem; thence Easterly as the Road 
runs to Danvers Line, be, and hereby is incorporated into 
a District, by the Name of Lynnfield ; and that the said 
District be, and hereby is invested with all the Powers, 
Privileges and Immunities that Towns in this Common- 
wealth do or may enjoy, that of sending a Representative 
to the General Assembly only excepted ; and that the 
Inhabitants of said District shall have Liberty from Time 
to Time to join with the Town of Lynn in choosing a 
Representative, and shall be notified of the Time and 
Place of Election in like Manner with the Inhabitants of 
said Town of Lynn, by a Warrant from the Selectmen of 
said Town, directed to a Constable or Constables of said 



1782. — Chapter 8. 27 

District, requiring him or them to warn the Inhabitants 
to attend the Meeting at the Time and Place assigned, 
which Warrant shall be seasonably returned by said Con- 
stable or Constables, and the Representative may be 
chosen indifferently from said Town or District ; the Pay 
or Allowance to be borne by the Town and District, in 
Proportion as they shall from Time to Time pay to the 
State Tax. 

And be it further enacted, That John Flagg, Esquire, •^hnFiagg, 
he and he is hereby empowered to issue his Warrant ered'to caii a 
directed to some principal Inhabitant within said District, thrinlfabitanta. 
requiring him to warn the Inhabitants of said District 
qualified to vote in Town Affairs, to assemble at some 
suitable Time and Place in said District, to choose such 
Officers as Towns and Districts by Law are required to 
choose in the Month of March annually. 

Provided nevertheless, The Inhabitants of said District Proviso, 
shall pay their puoportionable Part of all such Town, 
County and State Taxes as are already assessed by said 
Town, and their proportionable Part of all pM)lic Debts 
and Charges due from said Town, and towards the Sup- 
port of the Poor of said Town, till the close of the War, 
and at the close of the present War contribute towards 
the Support of the Poor of said Town and District, accord- 
ing to an Agreement made between said Town and Dis- 
trict in that Behalf on the Nineteenth Day of June, Anno 
Domini one Thousand seven Hundred and Eighty-two. 

Provided lil-ewise. That said District give up all their Proviso. 
Right in an}^ of the Town's Privileges lying and being in 
the other Part of the Town, except that of joining with 
them in the Choice of a Representative as aforesaid. 

Julys, 1782. 



1783. — Chapter 8. 

[May Session, ch. 9.] 
AN ACT AGAINST BLASPHEMY. CkaV. 8 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority of 
the same. That if any Person shall wilfully blaspheme the Persons con- 
Holy Name of (JOD, l)y denying, cursing, or contume- Bias^phemy. 
liously reproaching GOD, his Creation, Government, or 
final Judging of the AYorld, or by cursing, or reproaching 



28 



1782. — Chapter 9. 



JESUS CHRIST, or the HOLY GHOST, or by cursing 
or contumeliously reproaching the Holy Word of GOD, 
that is, the Canonical Scriptures contained in the Books 
of the Old and New Testaments, or by exposing them, or 
any Part of them, to contempt and ridicule ; which Books 
are as follows, Genesis, Exodus, Leviticus, JViimbei^s, 
Deuteronomy, Joshua, Judges, Ruth, /Samuel, Samuel, 
Kings, Kings, Chronicles, Chronicles, Ezra, Nehemiah 
Esther, Job, Psalms, Proverbs, Ecclesiastes, the Song of 
Solomon, Isaiah, Jeremiah, Eamentations, Ezehiel, Dan- 
iel, Hosea, Joel, Amos, Obadiah, Jonah, Micah, Nalium, 
Habakkuk, Zephaniah, Haggai, Zachariah, Malachai, 
Mattheiv, Marh, Luke, John, Ads, Romans, Corinthians, 
Corinthians, Galations, Ephesians, Philijnans, Colos- 
sions, Thessalonians, Thessalonians, Timothy, Timothy, 
Titus, Philemon, Hebrews, James, Peter, Peter, John, 
John, John, Jude, Revelations, ever}^ Person so offending, 
How punished, shall be punished by Imprisonment not exceeding Twelve 
Months, by sitting in the Pillory, by Whipping, or by 
sitting on the Gallows, with a R<^^e.jiIi£iJittheNeck, or 
binding to the good Behaviour, at the Disci^eTTon of the 
Supreme Judicial Court before whom the Conviction may 
be, according to the Aggravation of the Oflence. 

Julys, 1782. 



Chap. 9 



Supreme 
Judicial Court, 
&c. their 
Constitution 
and Power. 



1783. — Chapter 9. 

[May Session, ch. 10.] 

AN ACT ESTABLISHING A SUPREME JUDICIAL COURT WITHIN 
THE COMMONWEALTH. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority of 
the same. That there shall be a Supreme Judicial Court 
within this Commonwealth, to be . held and kept at the 
several Times and Places by Law appointed, by~one^ 
Chief Justice and four ofHeTrTustices, each of whom 
shall be an Inhabitant of this Commonwealth, of Sobiiety 
of Manners and learned in the Law, to be appointed and 
commissioned as is by the Constitution provided ; and 
they, or any three of them, shall be a Court and have 
Cognizance of Pleas real, personal and mixed ; and of all 
civil Actions between Party and Party, and between the 
Commonwealth and any of the Subjects thereof, whether 



1782. — Chapter 9. 29 

the same do concern the Realty and relate to Right of 
Freehold, Inheritance or Possession ; whether the same 
do concern the Personalty and relate to any Matter of 
Debt, Contract, Damuoje, or personal Injury ; and also 
all mixed Actions Avhich do concern the Realt}^ and Per- 
sonalty brought legally before the same Supreme Judicial 
Court, by Appeal, Review, Writ of Error, or otherwise : 
and in all such Actions, real, personal and mixed, to give 
such Judgment and award such Execution as the common 
Rules of Justice and Laws of this Commonwealth shall 
direct ; and shall take Cognizance of all capital and 
other Oft'ences and Misdemeanors whatsoever, of a public 
Nature, tending either to a Breach of the Peace, or the 
Oppression of the Subject, or raising of Faction, Con- 
troversy, or Debate, to any Manner of Misgovernment ; 
and of every Crime whatsoever that is against the Public 
Good; and shall, by Virtue of their Office, be severally 
Conservators of the Peace throughout the Commonwealth. 
And upon all Persons duly and legally convicted before 
the said Court of Crimes, Offences, or MisdeiKfeanors, to 
inflict such Punishment as by the Laws of the Common- 
wealth is provided. And in Case of legal Conviction, 
where no Punishment by Statute Law is provided, then 
the said Court shall punish" the Person so convicted, and 
according to the common Usage and Practice within this 
Commonwealth, not repugnant to the Constitution, accord- 
ing to the Nature of the Ofi'ence. 

A.nd be it further enacted, That the same Supreme 
Judicial Court may by Certiorari or other legal Methods, 
cause to be brought before them as well Indictments or 
other criminal Prosecutions pending in, as the Records 
of Sentences, Orders, Decrees and Judgments of any 
Court of inferior criminal Jurisdiction, and to proceed, 
order and award thereon, as shall be by Law provided 
and directed. And the said Supreme Judicial Court is 
empowered to impose and administer all Oaths, as well 
those that are necessary for promoting Justice between 
Party and Party, as those necessary to the Conviction 
and Punishment of Ofienders ; and to punish at the rea- 
sonable Discretion of the Court, all contempts committed 
against the Authority' of the same : And the said Court 
shall have Power to issue all Writs of Prohibition and 
Mandamus, accordinir to the Law^ of the Land, to all 



30 



1782. — Chapter 9. 



All Writs and 
Processes to 
be in the 
Name of the 
Commonwealth 
of M(tssa- 
chusetts. 



The Supreme 
Judicial Court 
to regulate the 
admission of 
Attornies. 



Proviso. 



The Justices 
of said Court 
empowered 
to adjourn. 

In Case. — 



Justices of 
said Court to 
appoint a Clerk 
or Clerks. 



To be sworn. 



Courts of inferior Judiciary Powers, and all Processes 
necessary to the furtherance of Justice, and the regular 
Execution of the Laws. 

And it isfurthey^ enacted., That all Writs and Processes 
of the same Court, shall be in the Name of the Com- 
monwealth of Massachusetts, bear Test of the first Justice 
who is not a Party to the Suit, and shall be under the 
Seal of the same Court, and signed by the Clerk. 

And it is further enacted. That the same Supreme 
Judicial Court shall and may from Time to Time, make, 
record and establish all such Rules and Regulations with 
respect to the Admission of Attornies, ordinarily practic- 
ing in the said Court, and the creating of Barristers at 
Law, and all other Rules respecting Modes of Trial, and 
the Conduct of Business, as the Discretion of the same 
Court shall dictate. Provided always, That such Rules 
and Regulations be not repugnant to the Laws of the 
Commonwealth. 

And it is further enacted, That the Justices of the said 
Supreme Judicial Court or an}" Three of them shall be 
empowered to adjourn the same Court from Time to 
Time, as may be necessary to the Public Good. And 
when it shall so happen that any of the Justices of the 
said Court shall providentially be detained from attending 
at the Time when the same Court by Law, or by any 
previous Adjournment is to be held, by Means whereof 
there cannot be a competent Court, any two Justices of 
the same Court may by AVrit under their Hands and Seals 
adjourn the same Court to such further Day as shall be 
expressed in the same Writ, and the Sheriff of the County 
or his Deputy shall read such Writ audibly in the Court 
House or Place where the Court was to be holden, and 
post up an attested Copy thereof in some public and 
conspicuous Place there, and shall cause Publication to 
1)6 made of the same in some other of the most public 
Places in the County. And the Justices of the Supreme 
Judicial Court shall from Time to Time appoint a Clerk 
or Clerks to attend said Court, and to Record the Pro- 
ceedings thereof, and to do all other Things which shall 
be by Law their Duty to do, which Clerk or Clerks 
shall be duly sworn to the faithful Performance of their 
Office, and shall hold the same during the Pleasure of the 
said Court. Juhj 5, 1782. 



1782. — Chapter 10. 31 

1783. — Chapter lO. 

[May Session, ch. 11.] 

AN ACT DIRECTING THE APPRAISEMENT OF CERTAIN ARTICLES (Jhan 10 
OF PERSONAL ESTATE WHEN TAKEN, TO SATISFY EXECU- ^ ' 

TIONS AT THE SUIT OF ANY PRIVATE PERSON OR PERSONS. 

Whereas in order to carry on the present War and I'^'en^i^'e- 
defray the necessary Charges thereof, large Demands for 
Money are from Time to Time made upon the good People 
of this OommomceaUh, by Reason ichereof 7nany Persons 
possessed of a Surplus of the Necessaries of Life have 
been unable to satisfy in Money the Contents of Executions 
obtained against them, and their Property taken to satisfy 
such Executions has been sold for that Purpose at a Hate 
far less than its Value: 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same, That in all Cases where any Person Persons having 
against Avhom Execution has issued at the Suit of any iJuedmay 
private Person, shall shew to the Officer serving the same tmcers certain 
Neat Cattle, Sheep, Swine, Flour, any Kind of Grain, or ^'lices. 
Merchantable Pine Boards of his own Property, for Satis- 
faction of such Execution, such Officer shall receive such officers to 

' ^ _ ^ cause an 

Personal Estate, and cause three indift'erent discreet Men, Appraisement 
l)eing Freeholders in the same County, one to be chosen 
by the Creditor or Creditors, another by the Debtor or 
Debtors, and the third by the Officer serving the same ; 
(and in Case either Party shall neglect the Choice, the in case of 
same to be made by the said Officer) to appraise such ®^®'^'"" 
Personal Estate to satisfy the Execution with all Fees, 
and set out such Personal Estate for that Purpose ; and 
the Sheriff or other Officer shall at the Place of Appraise- 
ment deliver the same to the Creditor or Creditors, his or 
their Attorney in Satisfaction of the same Execution. 
And the Persons so appointed shall previous to their Persons 
making the Appraisement before some Justice of the fike an oath. 
Peace of the same Count3^ or the Town Clerk in such 
Towns where there is no Justice, take the following 
Oath, viz. 

YOU A. B. solemnly Swear, that in Appraiseing the Form of the 
Personal Estate taken to satisfy the Execution of C. D. 
against E, T. you will govern yourselves l)y the general 
Rates at which Personal Estate of the same Kind has of 



32 



1782. — Chapter 11. 



Creditors who 
have com. 
menced 
Actions — 



Actions to be 
continued. 



Limitations. 



late been sold for the ready Money in this Part of the 
Countiy ; and that you will therein Act faithfully and 
impartially, according to your best Skill and Judgment. 
So help you GOD. 

And be it further enacted by the Authority aforesaid, 
That where any Creditor shall have commenced an Action 
before the passing this Act, and shall be unwilling to 
receive in Discharge of his Demand, such Personal Estate 
as is herein specified, every such Action shall, if requested 
by the Plaintiif, be continued from Term to Term, pro- 
vided the same be not continued more than one Year, and 
it be done without Charge to the Defendant. 

This Act to continue and be in Force until the First 
Day of July, in the Year of our Lord one Thousand seven 
Hundred and Eiohty-three and no lonoer. ' 

July 3, 1782. 



Chap, 11 



Inferiour 
Courts Con- 
stitution and 
Power. 



All Writs and 
Processes to be 
in the Name of 
the Common- 
wealth of 
Massachusetts. 



178^. — Chapter 11. 

[May Session, ch. 12.] 
AN ACT ESTABLISHING COURTS OF COMMON PLEAS. 

Be it enacted by the Senate and House of Representa- 
tives in General Court asse7nbled, and by the Authority of 
the same. That there shall be held and kept within each 
County of this Commonwealth, at the-Sisiea^jaild-^laces^ 
by Law appointed, a Court of Common Pleas, by four 
substantial, discreet and learned Persons, each of whom 
to be an Inhabitant of the County wherein he shall be • 
appointed ; which Persons shall be appointed and commis- 
sioned by the Governor, as is provided by the Constitu- 
tion, and they, or any three of them, shall be a Court, 
and have Cognizance of all Civil Actions of the Value of 
more than forty Shillings, arising or happening within 
their County, triable by Common or Statute Law of what 
Nature or Species soever the same may be, and shall be 
fully empowered, when qualified as the Constitution 
directs, to give Judgment and award Execution accord- 
ingly, and to administer all necessary Oaths, and to do 
and order whatsoever ])y the Constitution and Laws shall 
be their Duty to do. And all Writs and Processes issuing 
from the several Courts of Common Pleas, shall be in the 
Name of the Commonwealth of Massachusetts, bear Test 
of the first Justice who is not a Party, and be under the 



1782. — Chapter 11. 33 

Seal of the Court, and signed by the Clerk thereof, and 
shall have force, be obeyed and executed in every County 
within the Commonwealth. And all Original Processes And to be 
in the said Courts shall be Summon Capias or Attachment, Sap^g^or 
which shall be served and executed fourteen Days before attachment, 
the Day of the Sitting of the Court whereinto they are 
returnable. 

A}id be it further enacted, That any Party aggrieved at Parties ag- 
the Judgment of the Court of Common Pleas, upon any fpplait"fbe 
Action, may appeal therefrom to the next Supreme judi^Trcourt. 
Judicial Court to be held within or for the same County; 
and the Party so appealing, before his Appeal shall be 
allowed, shall recognize to the adverse Party in a reason- 
able Sum to prosecute his Appeal with Elfect, and to pay 
all intervening Damages and Cost ; and no Execution shall 
be issued by the Court of Common Pleas upon the Judg- 
ment appealed from. 

And be it enacted, That the Appellant shall produce at Appellants to 

i I . t^ . produce at- 

the Court appealed to, attested Copies of the Writ, Judg- tested copies 
ment, and all Papers and Evidence filed in th^/^ase at the 
Common Pleas ; and if any Appellant shall neglect to i^pon neglect 
produce such Copies, or shall fail to prosecute his Appeal, TanL— ^''^ 
the Supreme Judicial Court shall, upon Complaint there- 
of, made by the Appellee, affirm the former Judgment 
with additional Damages and Cost. And the Justices of Justicesto 
the said Court of Common Pleas shall have Power from sary Rules 
Time to Time to make and establish all necessary Rules 
for the orderly conducting of Business in the same Court, 
provided such Rules are not repugnant to the Law^s of 
the Commojiwealth, or to those Rules established by the 
Supreme Judicial Court. 

And it is further enacted by the Authority aforesaid. 
That the Court of Common Pleas shall have Power to The said 
adjourn the same from Time to Time, as may be neces- power't'o ^^^ 
sary for the public Good. And when it shall so happen '*'*J°"™- 
that any of the Justices of the said Court shall be 
deceased, or shall be providentialh" detained from attend- 
ing at the Time and Place at which said Court by Law, 
or by any previous Adjournment was to have been held, 
by Means whereof there cannot be more than two of the 
said Justices present, then in such Case any two of the i^Case. 
Justices of the same Court being there present, shall 
by Writ under their Hands and Seal, adjourn the same 
Court unto a further Day, expressed in such Writ ; and 



34 1782.— Chapter 12. 

the Sherirt' of the County, or his Deputy, shall read the 
same Writ in the Court House or Place where such 
Court was to have been holden, and shall place an 
attested Copy of the same Writ up in some public and 
conspicuous Place there, and shall cause Publication 
thereof to be made in some other of the most public 
The Justices piaces in the County. And the Justices of the said Court 

empowered to J _ , 

appoint a cierii. of Couimou Plcas sliall liavc Power from Time to Tune to 
appoint a Clerk to attend them, and record their Pro- 

said Clerk to be cecdiugs ; wliich Clerk shall be under Oath to the faithful 
Performance of the Duties of his Office, and shall hold 
his office during the Pleasure of the said Court. 

The Time j^^^i n {g further enacted, That the Petit Jurors in the 

for the Petit , -^ i n • c i -r» i /^ /• 

Jurors to give Court ot Crcneral Sessions ot the Peace and Court oi 
ance. ° Common Pleas, to be held within and for the County of 
Suffolk, shall not be obliged to give their Attendance 
until the second Tuesday of said Court's Sitting ; and at 
the said Courts to be held in all other Counties, upon the 
second Day of the said Courts sitting, and Venires shall 
be issued accordingly. 
No Action to be j^^^ ^i {g ^igg enacted. That no Action shall be entered 

entered alter ' /» t-^ /» i 

the first Day of at any Court of Common Pleas after the first Day of the 
said Court. sitting thcrcof ; and all Pleas in Abatement to the Writ, 
and Demurrers to Declarations shall be made, signed, and 
tiled before the Jury is impannelled. 
Proviso. Provided nevertheless, That where by any inevitable 

Misfortune or Accident, the Plaintiff shall be prevented 
from entering his Action upon the first Day of the 
Courts sitting, he may, upon making the same appear to 
the Court, enter his Action at any Time before Judgment 
is given for Cost to the Defendant. July 3, 1782. 



Chap. 12 



1782. — Chapter 13. 

[May Session, ch. 13.] 

AN ACT FOR THE BETTER REGULATION OF THE TREASURY OF 
THIS COMMONWEALTH; AND FOR APPOINTING AN ASSIST- 
ANT-TREASURER. 

Preamble. Whereas a full and complete Settlement with the Treas- 

urer of this Commonwealth hath become absolutely 7ieces- 
sary to be effected as soon as may be: And whereas also 
the Depreciation and uncertain Value of Paper Money, 
and the various Modes of supply inij and paying the Army, 



1782.— Chapter 12. 35 

and the peculiar Difficulties attending our public . Affairs, 
have so embarrassed, the Treasury, and perplexed the 
Accounts apj)ertaini7ig to that Office, that it is noiu become 
impracticable for the Treasurer, loithout further Assistance, 
toperform the ordinary Business of the said Office, and at 
the same Time pay due Attention to the Accounts and 
Settlement aforesaid: 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority of 
the same. That some skilful Accountant of this Common- i^esistani- 

1111 ^• r" 1 c A^ -r\ • c • • i Ireasurerby 

wealth, duly qualmed tor the Busniess or assistmg the whom elected. 
said Treasurer, be, by the Senate and House of Represent- 
atives immediately chosen and appointed Assistant to the 
Treasurer aforesaid, and so to continue until the First Day to continue for 
of June, which shall be in the Year of our Lord One °°® ^^'*''" 
Thousand Seven Hundred and Eighty-three, unless other- 
wise ordered by the General Court : And the said Assist- His Duty. 
ant Treasurer being appointed to and duly qualified for 
the said Office, shall attend solely to the Receipt and 
Payment of Monies arising b}^ Virtue of the L1f\vs laying 
certain Duties of Excise on certain Articles therein men- 
tioned, and to Taxes granted after the First Day oi March 
last, and in all Things touching the same, perform the 
Office of Treasurer of the said Commonwealth, during 
the Term aforesaid : And the said Assistant Treasurer 
shall open new Books, and during the Term aforesaid, the 
same shall keep, and the Accounts enter therein, in such 
regular and perspicuous Methods as shall be approved by 
such Committee as the General Court shall from Time to 
Time appoint ; and on the first Thursday of every Session 
of the General Court, shall lay before the House of Rep- 
resentatives a brief and intelligible Account of all Monies 
by him received, paid, negotiated or discounted in the 
said Office, not before exhibited to said House ; and all 
Books and Accounts of the Treasury shall be open to the 
Inspection of the aforesaid Committee ; and the Officers 
of the Treasury shall pay due Attention to all their 
reasonable Requests and Demands touching the State and 
Condition of the same. 

And be it further enacted by the Authority aforesaid, Hon. Treasurer 
That the honorable Henry Gardner, Esq ; Treasurer of enforce the 
this Commonwealth, shall proceed in the most expeditious TaxlTs!" 
Manner to enforce the Payment of Taxes granted before 
the First Day of March last, upon w hich Execution is not 



36 1782. — Chapter 13. 

already ordered, agreeable to the Acts and Resolves of 
the General Court for that Purpose, and that he give 
Notice thereof in the usual Manner ; and that he also in 
8^e°curitie8'to^be'' Mauuer aforcsaid, request all Persons having Notes or 
consolidated. pubHc Sccuritics against this Commonwealth, to be con- 
solidated, except the Depreciation Notes payable in the 
Year One Thousand Seven Hundred and Eighty-three and 
the succeeding Years, that they bring in the same on or 
before the First Day of October next, to be by him con- 
solidated ; and that he diligently attend to every public 
Matter and Thing pertaining to his said Office of Treas- 
urer, except such Matters as by this Act are directed to 
be done and transacted by the Assistant Treasurer, that 
he may facilitate and hasten a Settlement of all his public 
Accounts in Manner aforesaid. 

And he it further enacted by the Authority aforesaid, 
Trels^urer to That Said Assistaiit Treasurer, before he enter on the 
give Bonds to Exccution of the Duties hereby assio;ned him, shall 

the Secretary of ir^ f ^ • r^ 11 

this Common- bccomc bouud to the secretary oi this Commonwealth 
in the Sum of Thirty Thousand Pounds, with at least 
two sufficient Sureties, for the faithful Performance of 

To take the the Trust Committed to him ; and shall take the Oaths 
and make and subscribe the Declaration prescribed by 
the Constitution to be taken, made and subscribed, by the 
executive Officers of this Commonwealth. 

July 8,1782. 

1783. — Chapter 13. 

[May Session, ch. 14.] 

Chart IS ^^ ^^'^ ^^ ADDITION unto an act INTITLED, "AN ACT FOR 
"' LAYING CERTAIN DUTIES OF EXCISE ON CERTAIN ARTICLES 

THEREIN MENTIONED, FOR THE PURPOSE OF PAYING THE 
INTEREST ON GOVERNMENT SECURITIES;" AND FOR ALTER- 
ING ANOTHER ACT, INTITLED, "AN ACT IN ADDITION UNTO, 
AND FOR AMENDING AND EXPLAINING THE ACT MADE IN 
THE YEAR ONE THOUSAND SEVEN HUNDRED AND EIGHTY- 
ONE, LAYING CERTAIN DUTIES OF EXCISE ON CERTAIN 
ARTICLES THEREIN MENTIONED, FOR THE PURPOSE OF 
PAYING THE INTEREST ON GOVERNMENT SECURITIES." 

Preamble. Wlcereas by the former Act the Assessors of the several 

Towns and Plantatiotis within this Commomoealth are 
directed to return under Oath, a List of all Carriages 
therein mentioned within their respective Towns or Plan- 
tations, with the JVames of the several Otvners or Pos- 



1782. — Chapter 13. . 37 

ses.sors of the same, to the Collectors of their respective 
Counties, within three Months after the Tenth Day of 
December annualli/ ; hut no Penalty is provided in Case 
of Necjlect : The re tore , 

Be it enacted by the Senate and House of Representatives 
in General Court assembled, and by the Authority of the 
same, That if the Assessors of any Town or Plantation Assessors 
aforesaid, shall for the Space of one JMonth neglect the Duty? '"^ ' ^"^"^ 
due Performance of their Diit^^ as directed and enjoined 
upon them in the said former Act, the Assessors of such 
Town or Plantation so neglecting their Duty, shall forfeit Penalty. 
a Sum not less than Twenty Pounds, nor more than Two 
Hundred Pounds for the Use of this Commonwealth, to 
be recovered by Action or Complaint in any Court proper 
to try the same. 

And be it further enacted. That the said Collectors be, collectors to 
and herel)y are empowered to demand, sue for, and recover the Penalties. 
the Penalties aforesaid ; and the said Collectors are hereby theV°eaTurer 
severally directed and required to render an Account of, maf^TMivr.^ 
and pay in to the Treasurer of this Commonwealth, all 
Sums which they may respectively recover anV receive in 
Consequence of this Act, in the same Manner as they are 
directed to render an Account of and pay in the Duties 
mentioned in said Acts. 

Whereas by the latter of said Acts it is enacted, that the 
Collector of JExcise, either by himself or his Deputy, shall 
keep an Office in each Sea Pgrt Town within his County, 
where he or his Deputy shall give his Attendance from 
j^ine in the Morning to Twelve at JVoon, on every 
Thursday, to grant Permits, receive Entries, and give 
C^■rtificat^'S,* cGc. which in many Counties is found not 
only to be inconvenient but burdensome and unnecessary : 
Therefore, 

Be it further enacted by the Authority aforesaid. That 
the Collectors of P^xcise aforesaid (excepting such as are collectors of 
or may be appointed for the Counties of Suffolk and Essex) ing'^fo'r' suffoiL 
shall not be held or obliged either by themselves or their ■''nd Essex, &c. 
Deputies to keep Offices in more than two Sea Port Towns 
within their several and respective Counties for the Pur- 
poses aforesaid ; any Thing in the last mentioned Act to 
the contrary notwithstanding. 

Whereas it appears to this Court that the Assessors for 
the last Year of divers Toimis and Plantations afxresaid, 



38 



1782. — Chapter 13. 



Collectors 
directed to give 
Notice to 
AwBeseors of 
the Delinquency 
of their Prede- 
cessors; and 
the Assessors 
who shall 
receive Notice, 
are required 
within three 
Months from 
said July, 1782, 
to return, under 
Oath, a List of 
Oarriages, &<:. 



In Case of 
Neglect. 



have failed in iiuiking proper Returns to the Collectors of 
Excise for their several and respective Counties, of the 
Carriages mentioned in the former of said Acts, in Con- 
sequence of ichich the Commonivealth may he defrauded of 
the Duties on divers Articles, unless some Remedy is pro- 
vided: Therefore, 

Be it further enacted by the Authority aforesaid. That 
the said Collectors be, and hereby are severally directed 
forthwith to give Notice to the present Assessors of the 
several Towns and Plantations within their Counties 
respectively, of the Delinquency of their Predecessors in 
all Instances wherein such Delinquenc}' has taken Place. 
And the present Assessors of such Towns and Plantations 
as shall receive seasonable Notice from the Collectors of 
their respective Counties, of the Delinquency of their 
Predecessors, be and hereby are directed and required, 
within the Space of three INIonths from the First Day of 
July One Thousand Seven Hundred and Eighty-two, to 
return, under Oath, a List of all such Carriages, with the 
Names of the Owners or Possessors of the same, to the 
Collectors of their respective Counties as the respective 
Predecessors of such Assessors were directed to make 
within three Months after the Tenth Day of December 
last, by the former of said Acts ; and the present Assess- 
ors, in such Cases, are directed to observe the Rules 
prescribed for the Conduct of Assessors in making annual 
Returns of the same Articles. 

And be it further enacted by the Authority aforesaid. 
That if the present Assessors of any of said Towns or 
Plantations ( who shall be notified as aforesaid of the 
Delinquency of their Predecessors in returning a List of 
Carriages agreeable to the Directions in the former of 
said Acts) shall neglect the due Performance of their 
Duty enjoined upon them by this Act, in Consequence of 
such Notice, they shall be liable to the same Penalties and 
Forfeitures as are before provided by this Act in Case of 
a Neglect of the Assessors of any Town or Plantation 
aforesaid, in the due Performance of their Duty as 
enjoined upon them by the former of said Acts, which 
shall be recovered by said Collectors, paid and applied in 
Manner aforesaid. \ July 3, 1782. 



1782.— Chaptek 14. 39 

1783. — Chapter 14. 

[May Session, ch. 15.] 

AN ACT FOR ESTABLISHING COURTS OF GENERAL SESSIONS OF (Jliai) 14 
THE PEACE. ^ * 

Be it enacted by the Senate and House of Hepremnta- 
tives in General Court assembled, and hy the Authority of 
the same, That there shall be held in each County in this General ses- 
Coiumonwealth, at the Times and Places by Law ap- Peace, iheir 
pointed, a Court of General Sessions of the Peace, by and Power" 
the Justices of each County, who are herein' impowered 
to hear and determine all Matters relative to the Conser- 
vation of the Peace, and the Punishment of such Offences 
as are Coo;nizal)le by them at Common Law, or by the 
Acts and Laws of the Legislature, and to give Judgment, 
Order, or Sentence thereon, as the Law directs, and to 
award Execution accordingly. 

And be it further enacted by the same Authority , That 
the AVarrants and Processes of the said Court of Gen- warrants & 
eral Sessions of the Peace, for the apprehending and undeffhe seai"' 
bringing to Trial any Person against whom an Indictment "f Jjej ^.y" he 
is found, or a Complaint filed in the same Court, for any <-''erk. 
Crime whereof the same Court hath Cognizance, shall be 
under the Seal of the Court, shall be signed by their 
Clerk, and run into, and be executed in any County of 
the Commonwealth. 

And be it further enacted. That anv Person ao-ainst Appeal from 

* *"- the oGOtGnce to 

whom a Sentence shall be siven in the Court of General the supreme 

.1 • i* ii Tj ^ 1 4.1 L' J. j.\ Judicial Court. 

Sessions or the Peace, may appeal thereirom unto the 
Supreme Judicial Court, then next to be holden within or 
for the same County. Provided, That no Appeal shall Proviso. 
be granted, unless it be claimed at the Time of declaring 
the Sentence, and unless the Appellant shall, before the 
rising of the Court, recognize to the Commonwealth, and 
where by the Sentence a Forfeiture accrues to a Subject, 
to him, in a reasonable Sum, with Surety or Sureties, for 
his Personal Appearance, at the Court appealed to, and 
for the Prosecution of his Appeal there with Effect, and 
to abide the Sentence therein given, and to keep the 
Peace, and be of good Behaviour in the mean Time ; and 
the Party appealing shall be in Custody until he shall so 
recognize : and the Party appealing shall produce at the 
Court appealed to, a Copy of the Sentence given against 



Oath. 



40 1782. — Chapter 15. 

him, with a Copy of all other Proceedings had in the 
Cause, and shall enter his Appeal, and pay all such Fees 
in the said Supreme Court as shall be by Law provided * 
in other Causes : And if he shall fail in the Prosecution 
of his Appeal, or in any of the Particulars beforemen- 
tioned, his Kecognizance shall be forfeited ; and the 
Supreme Judicial Court shall award such Sentence against 
him, for the Offence wdiereof he is charged, as they ought 
to do in Case he stood convicted by Verdict of a Jury in 
said Court ; and may grant a Capias to bring him into 
Court to receive such Sentence. 

And be it further enacted by the Authority aforesaid, 
The Court That the said Court of General Sessions of the Peace, 

empowered to in, t , n r, . rn- 

adjourn; and to shaJl havc lowcr to adjoum the same from lime to imie 
to be'under *" as may be necessary for the Public Good ; and to appoint 
a Clerk to attend said Court, and to record the Proceed- 
ings thereof; which Clerk shall be duly sworn to the Per- 
formance of the Duties of his Office ; and shall hold the 
same during the Pleasure of the said Court. 

July 3, 1782. 



1782. — Chapter 15. 

[May Session, ch. 16.] 

Char) 15 ^^ ^^^ '^^ remove the obstructions, and open passage- 

^ ' WAYS FOR THE FISH CALLED ALEWIVES, SHAD AND OTHER 

FISH UP NEPONSET RIVER. 

Preamble. Whfreas the Fish called Alewives, Shad, and other 

Fish which formerly used to pass up the River Neponset, 
are now diverted from their former Course, by Reason of 
several Dams which are made acr^oss the same, between the 
Mouth of said River and Mashpogg Pond, so called, and 
other Ponds to which said Fish used to go to cast their 
Spawn, to the great Pisadvantage of the People living near 
the same River : For Remedy whereof, 

Be it enacted by the Senate arid House of Representa- 
tives in General Court assembled, and by the Authority 
Passage up the of the Same, That a sufficient Passage-Way for said Fish 
foltiafhpog^lnd to pass up Said Rivcr Neponset to Mashpogg Pond and 
other Ponds to other Poucls aforcsaid, shall be made throuo-h or over each 

be kept open _ ' o 

for the Fish at and evcry of said Dams from the Mouth of said River, to 

"the Ponds aforesaid, in Manner following, that is to say, 

over the Dam to Milton, belonging to Leeds and others, 



1782. — Chapter 15. " 41 

at the Southerly End thereof, the Bottom or Bed of said 
Piissao-e Way to be as low as the Top of the Cap-Sill of 
^said Dam, near the Chocolate and Saw Mill as it now 
stands, and five Feet AVide : And also a Passage Way 
round or through the Dam at the Honorable Samuel 
Oxf/oocVs Powder Mill fiv^e feet Wide, and of sufficient 
Depth, Avhere most convenient and of the least Damage 
to said Powder Mill, and also a Passage Way over the 
Dam at jMr. Andrew Gillespie's Mills, at the Southerly 
End thereof : said Passage Way to be raised so high as 
to leave four Feet Depth of Water at said Mills ; the 
Three aforementioned Passage Ways to ])e made and 
ke})t in Repair at the Expence of the Towns of 8toug]don, 
SlougJifonham and WalpoJe, in equal Proportion : And all 
other Dams or Obstructions upon said River shall be 
removed, or Passage Ways made through them so as to 
give said Fish a free Course up to the Ponds aforesaid, at 
the Expence of the Owners of such Dams or Obstruc- 
tions : And said Passage Ways shall be opened on the 
First Day of April, which will be in the Yeaif^ of our 
Lord one Thousand seven Hundred and Eighty-three, 
and continue so till the last Day of May then next ensu- 
ing : And in like Manner shall be kept open from the 
First Day of April to the last Day of May annually here- 
after forever : And the said Towns of Stoughton^ Stough- ftZ$hlm,ham, 
tonJiam and Walpole shall have Liberty to erect the three el-e'ljtThl^three" 
Passage Ways first aforementioned, so soon as they shall Passageways. 
determine so to do. 

And he it further enacted by the Authority aforesaid, 
That it shall h€ in the Power of said Towns of Stoughton, stoughton, 
Stoiightonham, Walpole, Dorchester and Milton, at their waipo/e, Dor-' 
annual Meeting in March, to choose one or more Persons, '^MatonXo 
whose Business shall be to see that the said Passage Ways to serthaTthe' 
are open, pursuant to this Act, and that said Fish may freo'^Tn^^^^^ 
not be o])structed in their usual Course up the said River, 
as aforesaid, and to appoint the proper Place or Places 
for the taking such Fish with Scoop Nets, and to limit 
the particular Times and Days for the taking the same. 

And he it further enacted hy the Authority aforesaid. 
That if any Person or Persons liable, and whose Duty it DuTysLTi'b'rto 
shall be in pursuance of this Act, to open any Passage pPg"jj^"-Va 
Way as aforesaid, shall refuse or neglect the doing thereof, shaii neglect. 
so that the same shall not be complete on or before the 
First Day of Ajyril next ensuing the passing this Act, 



42 



1782. — Chapter 16. 



Peualtv. 



Persons ob- 
structiDg the 
Fish in their 
Passage. 



Penalty agree- 
able to an Act 
passed 1741. 



such Person or Persons so offending, shall forfeit and pay 
the Sum of Fifty Pounds, to be recovered in any Court 
of Pecord proper to try the same, by any Person that 
shall prosecute and sue for the same : one Half of such 
Sum to be to and for the Use of the Prosecutor, and the 
other Half to be to and for the Use of the Poor of the 
Town where the Offence shall be committed. 

And be it further enacted hy the Authority aforesaid. 
That if any Person or Persons shall obstruct said Fish in 
their Passage as aforesaid, by any Means whatever ; or 
shall presume to take any of the Kinds of Fish in this 
Act enumerated or intended (whether with Scoop Xets 
or otherwise,) from and after the said First Day of April 
next ensuing, at any other Place or Time than such as 
shall be limited in Pursuance of the Power and Authority 
by this Act given, such Offender or Offenders shall forfeit 
and pay such Fines and Penalties as are mentioned in an 
Act passed in the Year of our Lord one Thousand seven 
Hundred and Forty-one, entitled, " An Act in addition to 
an Act made to prevent the Destruction of the Fish called 
Alewives and other Fish ; " and to those mentioned in an 
Act passed the same Year, entitled, '• An Act in Supple- 
ment of an Act, entitled, An Act made to prevent the 
Destruction of the Fish called Alewives and other Fish " 
for like Offences, to be recovered and disposed of in Man- 
ner as is by said Acts directed. July 3, 1782. 



1782. — Chapter 16. 



[May Session, ch. 17.] 

Chap. 1(3 -^^' '^CT TO APPROPRIATE FORTY THOUSAXD POUXDS OF THE 
^ " CONTINENTAL TAX OF TWO HUNDRED THOUSAND POUNDS, 

FOR OBTAINING A LOAN OF TIVENTT THOUSAND POUNDS^ 
AND FOR THE SECURITY AND PAYMENT OF THE SAME. 

Preamble. ]V7iereas it is highly expedient that sorae considerable 

Part of the Continental Tax of Two Hundred Thousand 
Pounds should he advanced sooner than it can probably be 
collected in the usual and ordinary Manner: 

Be it therefore enacted by the Senate and House of 

Representatives in General Court assembled, and by the 

be°cii"len w" Authority of the same. That a Committee be chosen to 

borrow £20,000 boppow Tu^entij Tliousand Pounds, for the immediate Use 

for the L 8G of 

the United of the United States, and to be paid in Discharofe of so 

Sutes. '^ 



1782. — Chapter 17. 43 

much of the Tax aforesaid ; and in Behalf of this Com- 
monwealth, to give and execute proper Receipts or Obli- 
gations for the same. 

And he it also enacted. That Forti/ Thov.mnd Pounds of ^riat^and'" 
the same Tax, be and hereby is appropriated, and holden to tjoi^en to 
secure the Payment of the said Twenty Thousand Pounds mlir<A^^h\ 
to be l)orrowed as aforesaid, together with the Interest of ^-^'"^^■ 
the same, and shall not be disposed of for any other Pur- 
pose whatever, until Payment of the said Tv:enty Thou- 
sand Pounds be made, and Interest on the same. 

And be it enacted by the Authority aforesaid, That 
Caleb Davis ^ Esquire, of Boston, Xathan Goodale, Caui, oavu. 
Esquire, of Salem, Tristam Dalton, Esquire, of JVew- commiVe^w 
bury-Port, Levi Lincoln, Esquire, of Worcester, and 7Y/7i- ^rsnmT^^^ 
othy Robinson, Esquire, of Granville, be a Committee, ^'i^*°<=«d. 
who are hereby severallv authorised and empowered in 
Behalf of this Commonwealth, to give Receipts for such 
Sum or Sums as any Person or Persons shall advance to 
Government : And said Committee are herebv directed, committee 

Tt • n 1 -■ -^ '^ directed to 

upon Receipt of anv such Sum or Sums of Monev, to transmit the 

. •^>i ^ " ^ rr' •/•• i* several Sums 

transmit tne same to the ireasurer, certitymg at the same re-eived to the 
Time the Sums so advanced, with the Xame^ of the Per- certUyin^g the 
sons of whom, and the Time when the same were received. lereonTxlmes. 
And the Treasurer is hereby empowered and directed, on Treasurer 
receiving such Certificate, to give Xotes in Behalf of this li^e'xo^tes. ^ 
Commonwealth, drawing Interest from the Time when 
said Money was received, and payable on the First Day 
of January which will be in the Year of our Lord One 
Thousand Seven Hundred and Eighty-three ; which Xotes 
said Committee are to deliver to the Person or Persons 
who shall have advanced Money as aforesaid, in Exchange 
for the Receipts by them respectively given. 

July 5, 1 782. 

1782. — Chapter 17. 

[May Session, ch. 18.] 

AX ACT TO REPEAL A CERTAIN CLAUSE IN AN ACT MADE AND ChciT). 17 
PAPSED IN THE YEAR OF OUR LORD, ONE THOUSAND SEVEN ' ' 

HUNDRED AND EIGHTY-TWO, INTITLED, "AN ACT FOR 
APPORTIONING AND ASSESSING A TAX OF TWO HUXDRED 
THOLSAyD POCXnS;" AND FOR CERTAIN OTHER PURPOSES 
HEREAFTER MENTIONED. 

^liCi'eas by the said Act it is enacted among other Preamble. 
Thinijs, that there shall be received from any Town or 



44 



1782. — Chapter 17. 



Clause in the 
Tax Acl of 
200,0001., 
repealed. 



Bank Notes 
recivable by 
Collectors of 
said Tax. 



This Act to be 
Printed and 
transmitted to 
the several 
Towns &c. in 
this Common- 
wpalth. 



Place within this Commonwealth^ in Lieu of Money ^ 
any such specific Articles as may be necessary Jor the 
Support of the Army, especially Bum, Salt, Beef, Pork, 
Flour, and Teaming {if any Tou-ns, Places, or Persons 
choose in that Way to discharge their respective Taxes) 
said Articles to he received, at such. Prices, and to he deliv- 
ered at sucJi Places as the General Court shall hereafter 
determine and agree upon. Whereas the Congress of the 
United States hath devolved on the Superintendent of 
Finance, the Charge of devising and carrying into Exe- 
cution a more economical, regular and effectual System for 
supplying the Exigencies of tJie Public, from tvhich System 
specific Taxation is excluded. And whereas the Collection 
of the said Tax in specific Articles ivoidd under these Cir- 
cumstances be attended with great Loss and Inconvenience 
to the good people of this Commonivealtli, and at the same 
Time render the Design thereof abortive : Therefore, 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority of 
the same. That the Clause above recited be, and the same 
herel)y is repealed, and rendered Void and of no Eifect. 

Whereas receiving in discharge of the said Tax such 
Securities as may answer towards the Requisition of the 
United States on this Commonwealth, would greatly J acil- 
itate the Collection thereof, and alleviate the Burden which 
otherwise the good people of this State 7nust Sustain : 

Be it enacted by the Authority aforesaid, That the 
Notes of the American Bank, the Notes oi Robert Mo7'ris, 
Esq ; Superintendent of Finance, in his Official Capacity, 
shall, by the several and respective Constables and Col- 
lectors of the Tax aforesaid, be receiA^ed in satisfaction 
for, and discharge of a Sum equal to the Sum expressed 
in such respective Bank Note or Notes of the said Robert 
Morris; and the Treasurer, Collectors, and all Persons 
concerned in collecting, receiving and negotiating the said 
Tax, are hereby ordered, directed and enjoined to conduct 
themselves accordingly. 

And be it further enacted by the Authority aforesaid. That 
the Secretary immediately cause this Act to be Printed ; 
and as soon as the same shall be done, to transmit a suffi- 
cient Number of the Copies thereof to the several Towns 
and Places in this Commonwealth, that the Constables and 
Collectors of the said Tax, and the Inhabitants of the Com- 



monwealth may be Notified hereof. 



July 5, 1782. 



1782. — CHArTEK 18. 45 

1782. — Chapter 18. 

[ScptcniliiT Session, ch. 1.] 

AN ACT FOR GRANTING A LOTTERY FOR REPAIRING THE Hl^art IS 
BRIDGE OVER THE RIVER PARKER, IN THE COUNTY OF ^"^P' ^'^ 
ESSEX. 

Mliereds the Brithje over the River Parker, in the I'reami.io. 
County of Essex, and in that Part of the County called 
Xewbury Old Town, appears to he of very (jreot public 
Utility and Service; and that without some speedy and 
effectual Repairs, the said Bridge will soon be rendered 
useless : 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority 
of the same, That a i^um not exceedino- Fifteen Hundred £i^'Oot<.i.e 

Ti 7 1 '11 T , , T V, • /• 1 , raisod by Lol- 

Fountfs, 06 raised by a Lottery or Lotteries, tor, and to tei y, for repair- 
the Purpose of repairing' said Bridge; and that Samuel o\^er the mvev 
Tufts, Moses Frazier. and Edmund Sawyer, Esquires, or col',nty'of^'"' 
any two of them, shall be Managers of the said Lottery ^^^'"'- ^, 
or Lotteries, who shall be sworn to the faithful Perform- Esq; &c.ai)-* 
ance of their Trust : Which said Managers shall make ^^^^^t "^""^ 
and publish in such News Papers as theji^ shall judge To be sworn. 
projier, a Scheme for the said Lottery or Lotteries, as 
soon as may be ; and the}^ shall also publish therewith 
all necessaiy Rules and Regulations for the Management 
thereof. And all Prizes which may be drawn in the said 
Lottery or Lotteries, shall be paid, without any Deduc- 
tion, provided they are demanded within Six Months after 
the Drawing of the said Lottery or Lotteries ; otherwise 
the ^Nloney arising from such Prizes shall be appropriated 
to the Purpose aforesaid. 

And be, it further enacted. That if any Person shall fj^J^j^^Y""' 
forge, counterfeit, or alter any Lottery Ticket issued by Forgery. 
Virtue of this Act, or shall pass or utter any such forged, 
counterfeited, or altered Ticket, knowing the same to 
be false, forged, counterfeited, or altered ; or that shall 
counsel, advise or assist, in forging, altering or counter- 
feiting the same ; every Person so offending, and being 
thereof convicted before the Supreme Judicial Court of 
this Commonwealth, shall be punished by being set on the Penalty. 
Gallows for the Space of one Hour, with a Rope round 
his Xeck, or shall pay a Fine not exceeding One Hundred 
Pounds to the Use of this Commonwealth, or sutler not 
more than Twelve Months Imprisonment, nor less than 



4G 



1782. — Chapter 19. 



Two, or 1)6 publicly Whipped, not exceeding Thirty-nine 
Stripes, at the Discretion of the said Supreme Judicial 
Court, according to the Nature and Circumstances of the 
Ortence. " October 2, 1782. 



Chaj). 



Persons ab- 
sconding who 
shall stand 
charged of crim 
inal Offences 
before the 
Supreme Judi- 
cial Court by 
Indictment. 



A Writ to be 
issued to the 
Sheriff of the 
County where 
such Offender 
was an inhabi- 
tant. 

That unless. 



To be declared 
an Outlaw. 



The Mode of 
executing the 
Writ Sci re- 
facias. 



1782. — Chapter 19. 

[September Session, ch. 2.] 

29 AN ACT DIRECTING AND REGULATING THE PROCESS OF 

OUTLAWRY. 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assembled, and by the Authority of 
the same, That when any Person that now is charged, or 
hereafter shall stand charged of any criminal Offence 
before the Supreme Judicial Court of this Government 
by the Indictment or Presentment of a Grand Jury, 
whether the same Indictment or Presentment be origi- 
nally found in that Court, or removed thither from any 
inferior Jurisdiction, by Appeal, or Writ of Certiorari, 
shall abscond to avoid answering or abiding and perform- 
ing the Judgment that may be given thereon, whether 
such absconding be before or after the Jury §hall indict 
or present the Offender, a Writ shall issue to the Sheriff 
of the County where such Offender was ah Inhal)itant or 
Resident at the Time of finding the same Bill, directing 
him to make known unto such Offender, that unless he 
shall appear on the First Day of the next Sitting of the 
said Supreme Judicial Court, and there traverse the same 
Charge, and abide the Judgment that may be given 
thereon, or appear and give such Security therefor, by 
Way of Recognizance, as the said Court shall order, such 
Person will then and there be declared an Outlaui, and 
be subjected to all the Penalties and Disabilities in this 
Act declared to be incident to a Person under Sentence 
of Outlairry. And the Mode of executing the said Writ 
of Scire Facias, shall be b}^ leaving an authenticated 
Copy thereof, certified by the Sheriff, at the Offender's 
Dwelling House, or last Place of Abode, Sixty Days at 
the least before the same Process shall be returnable, 
and shall cause an Abstract or Notification of the Subject- 
Matter in the same Writ mentioned. Sixty Days before 
the Return Day at the least, to be printed in one of the 
most public Weekly News Papers, and to be continued 



1782. — Chapter 19. 47 

five sovcial Weeks inclusive, and shall cause liini to lie 
pu))licly called in every Court of General Sessions of the 
Peace in his County that shall he holdeu while the same 
Process shall he in his Custody ; which Writ of Scire 
Facias being served and returned in Manner aforesaid, 
and tiled in Court, shall be entered on the Docket, and 
the Party airainst whom the same issued, after havinir 
been pul)licly called m the said Supreme Judicial Court, 
to appear and answer the Charge alledged against him as 
aforesaid ; if he shall not appear upon such Notice and 
Proclamation, his Default shall be recorded, and such 
Otfender may by the same Court l)e declared an Outlaiv, 
without any other Act or Ceremony : Any former Law, 
Usage or Custom to the contrary notwithstanding. 

Provided ahcays. It shall be in the Power of the said I'loviso. 
Court when the Offence charged shall be by Law Bailable, 
to continue the same Scire Facias, or suspend passing 
Judgment of Outlawry thereon, until the next or some 
succeeding Term, in Case sufficient Bail shall be given 
for the Offender's answering and abiding the Judgment 
of the said Court thereon. And that it may regularly 
and certainly be determined when a Per8(^^ may be said 
to have absconded to escape Punishment. 

Be it further enacted, That any Person, after having what Evidence 
appeared and plead to an Indictment or Presentment, who ciem^liie" '' 
shall have departed without Leave of the Court, or shall ha\in^ap"e;md 
have broken Goal after Commitment upon and before ?nd. p'eaci to an 

• • ^ /-~^^ ii i i • i -r>-ii 1 ii Indictment, who 

Conviction on the Charge alledged in the Bill, or shall shaii depart 

^ .. 1J.J. *" 1 j-^il without Leave 

tail or neglect to appear and answer according to the of the court, &c. 
Tenor of a Recognizance regularly taken for that Purpose, 
or when the Sheriff of the same County whereof the 
Offender was an Inhabitant or Resident at the Time of 
his cominitting the Offence for which he shall stand 
indicted, or his Deputy, shall make return upon a Capias 
issued in Consequence of the Bill, wherein the Term of 
four Months at the least shall have elapsed between the 
issuing the Capias and the Return Day thereof, That 
after making diligent Search and Inquiry after such 
Offender, he could not find him in his Precinct, shall be 
deemed and taken as sufficient Evidence of the Abscond- 
ing of such Person, within the Intent of this Act. 

And he it further enacted, That a Cajnas and an alias 
Capias issued from the Court of General Sessions of the 
Peace, on a Bill of Indictment or Presentment there 



48 1782. — Chapter 19. 

found, wherein Fifty Days at the least shall have elapsed 

between the issuing and Return of the same Writs 

respectively, and returned by the pro[)er Officer, that 

after diligent Search and Inquiry after such Offender, 

he could not find him in his Precinct (before the Removal 

of the Record into the Supreme Judicial Court) shall 

render the issuing a like Process in the Supreme Judicial 

Court before Scire Facias ut legatum unnecessary. 

wheu a Capias And he it fuvthev enacted. That where a Capias shall 

the Supreme issuc ft'om tlic Suprcmc Judicial Court to apprehend an 

forthe^appre- Offender on a Bill of Indictment or Presentment, in any 

offendfr?^''" Couuty whcrc the said Court shall be held but once a 

Year, the same Capias may be made returnable to some 

Session of the said Court in some other County, at the 

Expiration of five or six Months, if the said Court shall 

so order, to the End Scire Facias ut legatum may timely 

issue returnable to the next Term, if the Offender should 

not be taken on the Capias. 

Persons against ^^^^ jg {f further eiittcted, That all Persons against whom 

whom Judg- -J ' » 

mentofout- Judgment of Outlawry shall be oriven, shall durino- the 

lawrv* shall be • *" . ■ 

given disabled Time the sauic Judgment shall continue in Force, be and 
anyAcUon'or hereby are disabled from bringing or maintaining in their 
couVt%l°^ ^"'''' ow'^ Right, any Civil Action or Suit in any Court of Law 
cepting. Qj. Equity within this Government, excepting a Writ of 

Error for reversing his Outlawry, and shall be under such 
other Disabilities and Disqualifications in Civil Society as 
a Person convicted and sentenced for the Offence charged 
in the Bill upon which he may be Outlawed: And in all 
Cases where a greater Forfeiture does not by Law accrue 
to the Commonwealth upon a Conviction and Judgment 
on such Bill of Indictment, shall forfeit the Issues and 
Profits of all his Real Estate during the Life of the Out- 
law, in Case the Judgment of Outlawry shall so long 
remain in Force, and be further liable to be apprehended 
upon Cajjias ut legatum, and sentenced in the same Man- 
ner as if he was convicted by a Jury of the Charge 
alledged in the Bill. 
The Real Estate j^„f7 j^q ^ further cnacted, That the Real Estate of every 

of Persons out- -^ ' , -^ 

lawedtobe Pcrsou Outlawed shall be held liable and be bound from 
the Judgment the Time of issuing the Scii'e Facias ut legatum to respond 
t^o'^Fhies and '' the Judgment that shall be given on the Indictment or 
Costs. Presentment, so far as relates to the Fine and Cost. 

And be it further enacted by the Authority aforesaid. 
That the Lands and Tenements of all Persons recognizing 



1782. — Chapter 20. 40 

to the Use of this Govermncnt before any Authority duly 
authorised and impowered to take the same, are, and shall 
he, liable to respond the Sum mentioned in the same 
Reeogni/ance, from the Time the same is taken and 
acknowledged, notwithstanding any transfer or aliena- 
tion thereof. 

And be it further enacted, That every Ofiender that may offenders out 
be Outlawed, upon his appearing in open Court, and con- Iheirlipperring 
fessing the Charge, and receiving Sentence thereon, or co.ffessuig the 
ap])earino: and traversinjj the Charg-e, shall be acciuitted charge and 

, T ^' T-v ^ 1 -r»i 1 receiving ben- 

l>y a Jury, or on Denuirrer, or any other i^iea, the same tence, tobc 
shall be adjudged insufficient in Law to compel the Per- ^''''"' 
son accused to answer thereunto, or support a Judgment 
thereon : In every such Case the Proceeding shall be in such cases. 
construed to operate as a full and etiectual Keversal of 
the Judgment of Outlawry, as though a formal Reversal 
had been given upon a Writ of Error expressly brought 
for that Purpose. Provided the Appearance upon which Proviso. 
such Acquittal shall be given shall be voluntary and with- 
out Compulsion, and within one Year and a Day after 
Judgment of Outlawry shall be pronounced, and the Co?t 
accruing on the Process of Outlawry shall 4^e first satisfied 
and paid. October 2, 1782. 



1783. — Chapter 30. 

[September Session, ch. 3.] 



OF THE TRUSTEES OF DUMMER ACADEMY, IN THE COUNTY 
OF ESSEX. 



Chap. 20 



WJier^as His Honor William Dummer, Esquire, for- Preamble. 
merhj Lieutenant Governor of the late Province o/" Massa- 
chusetts Bay, did in and by his Last Will and Testament, 
devise all his Estate in the Town of Newbury, in the 
County of Essex, to the Reverend Charles Chauncy, 
Doctor of Divinity, the Reverend Thomas Foxcraft, and 
Mr. Nathaniel Dummer, and their Heirs, and to the tSur- 
vivov of them, and the Heirs of such Survivor in Trust, 
that the Rents, Issues, and Profits of his said Estate, 
should be applied to the erecting and building of a /School 
House upon his Farm in Newbury aforesaid, and towards 
the Suj)port and Maintainance of a Free Grammar School 
there, for the excellent and beneficent Design of instructing 



50 1782. — Chapter 20. 

and educating Youth. And icJiereas a public Free School 
hath ever since the First Day o/" March, in the Year of our 
Lord One Thousand Seven Hundred and Sixty-three^ 
been erected and supported agreeably to the valuable Inten- 
tions of the munificent Donor, which hath proved of great 
and public Utility in qualifying Youth for the important 
Offices of Church and State. And whereas the Views of 
the Donor cannot hereafter be fully and completely carried 
into Execution loithout erecting a Body Politic and Cor- 
porate, and investing it with certain necessary Powers 
which could not be effected by him in his Last Will and 
Testament: JV^oiv, agreeably to the Memorial and Petition 
of the Reverend Charles Chauncy, the Survivor of the 
Devisees aforesaid, in order to carry into compleat Execu- 
tion the benevolent Intentions of the charitable Testator, to 
support and perpetuate the said Seminary of Learning, 
the same being one of the first public Foundatio7is of a 
Free Grammar School within the Commonwealth, laid by 
the Hand ofjjrivate Charity, and to protect and encourage 
the Interests of Literature and the Sciences: 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority 
Trustees of the Same, That the Honorable Jeremiah Powell, Es(|uire, 

Academy/and the Houorablc Benjamin Greenleaf, Esquire, the Honor- 
intoTfioIfy able Jonathan Greenleaf, Esquire, Eeverend Joseph Wil- 
Poiitic. lard, P]'esident of Harvard College, Reverend Charles 

Chauncy, Doctor of Divinity, Reverend Moses Parsons, 
Reverend John Ticker, Reverend Thomas Cary, Samuel 
Moody, Esquire, Preceptor of Dummer School, William 
Powell, Esquire, Micajah Sawyer, Esquire, Dummer 
Jeivett, Esquire, Samuel Osgood, Esquire, Nathaniel 
Tracy, Esquire, and Mr. Richard Dummer, be and they 
hereby are erected into, and made a Body Politic and 
Corporate, by the Name of the Trustees of Dummer 
Academy, in the County of Essex; and that they and 
their Successors, and such others as shall be duly elected 
into the said Corporation, shall be and remain a Body 
Politic and Corporate by the same Name forever. 
said^A'cad'eray And bc it farther enacted by the Authority aforesaid, 
and takeTitf That the Trustees of the same Academy, shall be deemed 
Law to be and j^j^^j taken in Law to be and stand seized in Fee Simple 

stand seized in _ _ i 

Fee Simple of and iu Posscssiou to all Intents and Purposes of all the 

all the Estate i.i i-iiiii tt it iTrm • 

devised by the Estatc which was dcviscd Dy the late Honorable William 
\vfiiia°m°Dmu- Dummer, Esq ; for the Use of his public Free School as 

mer, Esq. 



1782. — Chapter 20. ' 51 

aforesaid ; and that tliey shall l)e further capable of hav- 
ing, holding and taking in Fee Simple, or any less Estate 
by Gift, Grant, Devise, or otherwise, any Lands, Tene- 
ments, or other Estate, Real and Personal : Provided ^''■"^''''"• 
nevertheless. That the annual Income of the same, shall 
not exceed 7Vo Thousand Pounds. 

And be it further enacted by the Authority aforesaid, 
That for the more orderly conducting the Business of the Empowered to 
said Cor{)oration, the Trustees of the said Academy shall dent, vTcr'" 
have full Power and Authority, from Time to Time, as ;^|'^^'deat, 
they shall determine, to elect a President, Vice-President, ^<'' rotary, 'ami 
Treasurer and Secretaiy, or such other Officers as they said Trustees "^ 
shall judge best ; and to fix and ascertain the Tenures of ''"'" ^"''«'' ^"^*- 
their respective Offices : And that the Trustees aforesaid 
may remove and dismiss any Trustee from the same Cor- 
poration, when in their Judgment he shall l)e rendered 
incapable by Age or otherwise, of discharging the Duties 
of his Office ; and that the Trustees aforesaid may from 
Time to Time fill up all Vacancies in the said Corpora- 
tion, by electing such Persons for Trustees as they shall 
judge best : Provided nevertheless, that the Number of 
said Trustees shall never exceed fifteen, nor 4^ less than 
nine. 

And be it further enacted by the Authority aforesaid. 
That the Trustees of the said Academy may have one said Trustees 
Common Seal, which they may change, break and renew commonSeai 
at their Pleasure ; and that all Deeds signed and delivered ''">'*? r^new 

1 1 m o n ^ r^ /» • i '''"" ^^cal, and 

by the ireasurer or Secretary oi the Irustees aforesaid, to sue and be 
by their Order, and sealed with their Seal, shall, when ''"'' 
made in their Name, be considered as their Deeds, and as 
such be deemed duly executed and valid in Law : And 
that the Trustees of the said Academy may sue and be 
sued in all Actions Real, Personal or mixed, and prose- 
cute and defend the same unto final Judgment and Exe- 
cution, by the Name of The Trustees oi Dunimer Academy 
in the County of Essex. 

And be it further enacted by the Authority aforesaid. 
That the Trustees of the said Academy shall have full J^^J.^'ed tTiix 
Power and Authority to determine at what Times and the Times and 

- , 1 • AT • 1 11 1 1 1 1 1 1 I laces lor their 

Places their Jleetmgs shall be holden ; and upon the Meetings. 
Manner of notifying the Trustees to convene at such 
Meetings ; and also upon the Method of electing or 
removing Trustees : And the said Trustees shall have full f^P.j^^in'ufe*'' 
Power and Authority to ascertain and prescribe from Powers and 



52 



1782. — Chapter 20. 



Proviso. 



to the Estab 
llshraent of 
Dummer 
Academy. 



Duties of their Time to Tiuie the Powers and Duties of their several 
and to elect ' Officei's, and to elect such Preceptors, Masters and 
Preceptors, &c. Ugjje^.g (,f ^jjg y.^j^j Acadcmy as they shall judge best ; and 

to determine the Duties and Tenures of their several 
Oflfices ; and to make and ordain, as Occasion shall re- 
quire, reasonable Rules, Orders and By-Laws, not repug- 
nant to the Laws of this Commonwealth ; with reasonable 
Penalties for the good Government of the said Academy ; 
and for ascertaining the Qualifications of the Students, 
requisite to their Admission ; and the same Rules, Orders 
and By-Laws at their Pleasure, to repeal. 

Provided neverthelesi^. That no Corporate Business shall 
be transacted by the Trustees of the said Academy, at 
any of their Meetings, unless Seven of the Trustees, at 
the least, are present. 

And be it further enacted by the Authority aforesaid, 
fppropfiated ^° ^hat the Rents, Issues and Profits of all the Estate, Real 
and Personal, of which the Trustees aforesaid shall be 
seized or possessed in their said Capacity, shall be by 
them appropriated to the Establishment and Endowment 
of Dummer Academy, by maintaining and supporting 
Masters and Teachers, for the Promotion of Piety and 
Virtue ; and for the Instruction of Youth in Writing, and 
in the Latin and Greek Language ; and in such of the 
useful and liberal Arts and Sciences as the Trustees shall 
hereafter direct. 

Provided nevertheless, That the said Academy shall ])e 
fixed and remain in the same Place where the late Honor- 
able William Dummer, Esq ; fixed his Free School in his 
Last Will and Testament. And provided further. That 
Samuel Moody, Ksq ; the present Preceptor of the Latin 
and Greek Languages, in the said Free School, be con- 
tinued Preceptor of the said Academy ; that he receive 
from the said Trustees, the Rents, Issues and Profits of 
the Plstate devised as aforesaid, by the said William 
Dummer, Esq ; for the Endowment of his Free School, 
or an Equivalent therefor ; and that he enjoy, so long as 
he continues Preceptor of the said Academy, all the 
Powers and Authority he is invested with as Preceptor of 
the said School, under the Last Will and Testament afore- 
said ; and that he be removable in the same Manner, for 
the same Causes, and by the same Authority as are 
described and directed in the same Last Will and Testa- 
ment. 



Proviso. 



1782. — Chapter 21. 53 

And be it further enacted by the Authority aforesaid. 
That whenever the Rents, Issues and Profits of the estate in Case the 
devised as aforesaid, by the late WUliam Dmimier, Esq ; ^Tsl'to^be 
sliall for the Space of two Years together, cease to l)e appropriated 
appropriated to the Endowment and Support of the said 
Academy, that then the same Estate so devised, shall 
revert to the right Heirs of the said William Dummer, 
Esq ; and their Heirs forever. And whenever the Rents, 
Issues, I'rofits and Interest of any other Estate holden by 
or in Possession of the said Trustees, shall cease to be 
appropriated to the Uses aforesaid, for the like Space of 
Time, then the same Estate shall enure to the Use and 
Benefit of the Corporation of Harvaixl-QoWege, and their 
Successors forever ; unless other Provision shall be made 
by the Donor or Grantor, in the Instrument of Convey- 
ance. 

And be it further enacted. That the Honorable Jeremiah °""; j^'''|™'!>'' 
Powell, Esq ; be, and he hereby is authorised and em- empowered to 
powered to fix the Time and Place for holding the first MeetitTg." 
fleeting of the said Trustees, and to certify them thereof. 

Octoher3,1782. 



1782. — Chapter 21. 

[September Session, ch. 4.] 

AN ACT FOR THE REPEALING OF ONE ACT OF THIS COMMON- Qhff^-f 91 
WEALTH, MADE AND PASSED ON THE THIRD DAY OF MAT ^ * 

LAST, INTITLED, "AN ACT PROVIDING A SPEEDY METHOD 
OF RECOVERING DEBTS, AND FOR PREVENTING UNNECES. 
SARY COSTS ATTENDING THE SAME;" AND FOR MAKING 
OTHER PROVISION WHICH MAY BETTER ANSWER THE 
ENDS DESIGNED BY THE SAID ACT. 

Whereas among other Defects in the said Act, there is preamble. 
no certain future Day set therein after the Day of the 
Acknowledgment of the Debt {jjroposed to be taken) for 
the Payment of the same, or for issuing the W^rit for the 
levying thereof: 

Be it therefore enacted by the Senate and House of Rep- 
resentatives in General Court assembled, and by the 
Authority of the same. That the said Act, entitled as An Act passed 
abovesaid, be, and hereby is repealed; and that every repealed."^ ' 
Part thereof be hereafter held and taken to be null and 
void. And that from and after the first Day oi December, 
one Thousand seven Hundred and Eighth-two, every Jus- 



54 



1782. — Chaptrr 21. 



Justices of the ^j^.g ^f ^\^q Pejice fov any Count v in this Commonwealth, 

Peace empow- •^' • . . , . , . 

eredtotake shall sevei'allv liavc Power and Anthorit\' withm his 

Kecognizauces ^^ , ^ i' t-> • i- > i i» "^ j /• i-v i > 

for the raymeut Couiity, to take Kecognizances tor the Payment ot I)el)ts, 
of Debts. ^^p ^^^^^, Person or Persons (by Law capable of binding 

him or herself) who shall come before him for that Pur- 
pose, according to such Form, or according to the Etfect 
and Meaning of such Form as hereafter ensueth, 
T/iaf is to m>/, 



Form of the 
Hecognizanee. 



Know all Men, that I, C. D. of in the County 

of do owe unto E. F. the Sum of of the 

Lawful ^loney of Massac/tut^etfs, to be paid to the 
said E F. on the Day of 17 and 

if I shall fail of the Payment of the Debt aforesaid, by the 
Time aforesaid, I will, and grant, that the said Debt 
shall be levied of my Goods and Chattels, Lands and Ten- 
ements, and in want thereof, of my Body. Dated at 
this Day of in the Year of our Lord, 

17 



A\'itness my Hand and Seal, 



ss. 



C. D. 



Acknowledged the Day and Year last abovesaid, 

Before A. B. > Justices of the Peace 



A)ul be itfnrf/ier enacted by the Authority aforesaid, 
to'^be^in!rd"&* That every such Recognizance shall be made and written 



written ami 
recorded at 
large. 



In Case of 
Default — 



on a Piece of Paper or Parchment ; and the Justice of the 
Peace taking the same shall, immediately cause it to be 
fairly recorded :it large, in a Book to be therefor by him 
provided and kept ; which original Recognizance, after 
the same shall be recorded as is above directed, at the 
Request of the Conusee or Conusees, or of the Person or 
Persons to whom the Remedy or executive Process on 
such Recognizance shall by Law accrue (in CaNC of the 
Decease of any or all of them) shall be delivered to him 
or them so requesting it. And every Conusee or Conu- 
sees, his or their legal Representative or Representatives, 
for Default of the Payment of the Debts contained in such 
Recognizances, or any Part of such Debts by the Time 
therein set and expressed for the Payment thereof, shall 
have in eveiy Point, Respect and Degree, against the 
Conusor or Conusors, the Survivor or Survivors of them, 
his or their Heirs, Executors and Administrators, and the 



1782. — Chapter 21. 55 

Heirs, Exftcutors or Adniinistnitors of the last Survivor 
of such Coiuisors, (where there shall l)e such) the like 
Process or Processes, Action and Remedy, Execution or 
Kxecutions, alias and Pluries, as hath been hitherto had, 
used and accustomed, and may at this Time be lawfully 
liad, used, done, or made a^rainst them respectively, of 
and ui)on a Judgment of any Court of Record in this 
Commonwealth on an Action of Debt in full Force, unre- 
\<'rsod and not satisfied. And for the speedy obtaining For the spee.iy 
of such Debts, the Justice of the Peace who took such "luh d";;i.s! 
Recognizance, at any Time within three Years from and 
after the Day set and expressed therein for the Payment 
of the Debt or any Part thereof expressed in such Recog- 
iii/ance, at the Request of the Conusee or Conusees, 
named therein, or in Case of their Death, at the Request 
of the Person or Persons to whom the Remedy or chose 
in Action thereon, shall be cast by Law ; and upon his or 
their producing and delivering to him such original 
Recognizance uncancelled, and without any Receipt of 
Payment or Satisfaction of the Sum alleged to be then 
l)ayal)Ie and due, underwritten or endorsed, and lodging 
the same with the said Justice, he shall a\\Wi"d and make 
out on such Recognizance a AVrit or Process of Execu- 
tion for the levying of the whole Sum, which by such 
Recognizance and the Receipts (if any there be) entered 
thereon, appear to be then due and payable, of the same 
Xature and P^ffect, against the Body or Bodies, and 
testate Real and Personal of the Conusor or Conusors, as 
by the Laws of this Commonwealth a Judgment-Creditor 
is entitled to have for the levying and satisfying any Sum 
or Sums of Money, recovered and due to him, by the 
Judgment .of any Court of Record in this Commonwealth 
on an Action of Debt in full Force. And such Process How the Pro- 
for the Execution of such Recognizance, may and shall Exe/uuolrof 
be directed to, executed and returned by, all and any ^t^nl"'''""''''^ 
such Officer and Officers as the Writ or Process for the directed. 
Execution of the Judgment of any Court of Record, by 
the r>aws of this Commonwealth may and ought to be 
directed to, and returned by. And all and every such 
Officer and Officers for any Town or County in this Com- 
monwealth, shall have the like Powers and Authority, 
and shall be under the like Obligations in all Respects 
and Regards whatsoever, to execute and return such 
\\'v\t or Process made upon such Recognizance by such 



56 1782. — Chapter 21. 

Justice of the Peace impowered by this Act to award the 
same, as he or they by Law have, and are under, to exe- 
cute and return a V\'rit of Execution on any Judgment of 
a Court of Record, in an Action of Debt : And shall be 
subject and liable to ail the like Action and Actions for 
any Fraud or Falshood, Neglect, Misfeasance and Male- 
feasance, in or concerning the executino- or returnino; of 
any such Process for the executing of such Recognizance 
aforesaid, as he or they by I. aw are liable and subject to 
for any Defaults, Neglects, Frauds, Falshoods, Delin- 
quencies, or Errors whatsoever, touching, concerning, or 
in anywise relating to the Execution or Return of any 
Writ or Process on any Judgment of a Court of Record 
^ssestonln" ill '^i^ Actlou of Debt. And every Writ or Process for 
OT Place ?ntwi'I ^^^^ cxecuting such Recognizance may run into any County 
Commonwealth, or Phicc (aud Is hereby made awardable into any County 
or Place in this Commonwealth ) and may and shall be 
there executed by the Officer or Officers of such County, 
Town or Place by Law having the Execution and Return 
of Writs, to whom it shall be directed. And the Writ or 
Process for the cxecuting of sucli Recognizance as is afore- 
said, shall be in the F(n'm, or to the Effect and Meaning 
of the Form which here followeth, to wit. 

The Commonwealth of MassacJmsetts. 

^°™- To the Sheriff of the County of his Under- 

P , -, Sheriff or Deputy, or either of tlie (Jonstahles of 
L' J the Town of in the said County of 

Greeting. 

Because C. D. of in the County of on the 

Day of in the Year of our LORD 17 before 

A. B Esquire, one of the Justices of the Peace for the 

said County of acknowledged that he was indebted 

to E. F. of in the County of in the Sum of 

which he ought to have paid on the Day of 
and remains unpaid, as it is said. 

We command you therefore, that of the Goods, Chat- 
ties, or Real Estate of the said C. D. within your Pre- 
cinct, you cause to be paid and satisfied unto the said E. 
F. at the Value thereof in Money, the Sum last aliove- 
said, with more for this Writ, and thereof also to 

satisfy yourself your own lawful Fees : And for want of 
Goods, Chatties, or Real Estate of the said C. D. to be 
found within your Precinct, to the Acceptance of the said 



1782. — Chapter 21. 57 

E. F. to satisfy the Sums aforesaid, and your said Fees ; 
we command you to take the Body of the said C. D. and 
him commit unto our Jail in our County of afore- 

said, there to be detained in the said Jail, until he pay the 
full Sums abovesaid with your said Fees, or that the said 
C. D be discharged by the said E. F. the Creditor, or 
otherwise by Order of Law. Hereof fiiil not, and make 
Return of this Writ with your Doings therein, unto the 
abovenamed A. B. within Sixty Days next coming. 
Witness the said A. B. at the Day of in 

the Year of our LORD, 17 , ^ 

A. B. 

And it IS farther enacted, That in Case at the Time of i" case - 
awarding such Writ of Execution there shall by Reason 
of Death happen to be any Change of the Person or Per- 
sons who by Law shall have the Right to Sue out the 
same, or of the Persons chargeable with the Payment of 
the Contents of the Recognizance, from the Time when it 
was taken ; the Form of the said Writ shall be so varied 
from the foregoing Form, as to make it take Effect, 
according to the Operation of the Law upon the Case at 
the Time of the Writs issuing. *•* 

Provided always, That in what Manner soever the Proviso. 
Chose in Action may be changed by the Death of one or 
more of the Conusees, the Property and Interest in the 
Debt shall always in that Case vest in such Person or 
Persons as a Debt which is due to Joint-Merchants does 
by the Law-Merchant ; and that the Kight of Survivor- 
ship shall not take Place with Regard to the Property in 
the Debt. 

And be it further enacted hy the Authority aforesaid, no "Wnt ^ 

• /• 1 • r-i 1 11 1 1 ■ 1 T^ make the Bodies 

That no u rit of this Sort shall l)e awarded in such Form, of the Heirs at 

as to make the Body or Bodies of the Heir or Heirs at taken. 

Law, of the Conusor or Conusors, or the proper Goods 

or Estate of the Executors or Administrators liable to be 

taken in Satisfaction of the said Writ: But in Case of the But in Case — 

Death of any Conusor or Conusors of this Sort such Writ 

shall run against such Person, Persons and Estate, as a 

Writ of Execution on a Judgment of a Court of Record 

in an Action of Debt, would by Law run, in Case the 

Judgment Debtor or Delators, or any of them were Dead. 

And that every Person and Persons that shall be grieved ^r^efeT""^ 

and injured by the wrongful sueing out and executing of To have 

TTr • T-» . • ^ 1 • ct 1 II 1 II Remedy m the 

any Writ or Process of Execution of this Sort, shall have all Law. 



58 



1782. — Chapter 21. 



In Case three 
Years from the 



.izance shall 
have elapsed. 



the like Remedy uud Remedies in the Law. as in Case a 
Writ of Execution on anv Judgment of a Court of Record 
in Debt had been unjustly and wrongfully sued out and 
executed upon him or them. 

And be it further f-iiacted. That in Case at any Time it 
frme limited in should happen, that full three Years shall have elapsed 
fi'om and after the Time set and limited in and by such 
Recognizance for the Payment of the Contents thereof, 
without any Payment made and underwritten or indorsed. 
and without any Writ of Execution having been sued out 
thereon : or in Case any Payment or Pa\-ments of Part 
shall have been made and underwritten, or indorsed at 
any Time or Times after the Time set and expressed for 
the Payment of the Contents, and three Years shall have 
elapsed from and after the last of such Payments, and no 
Writ of Execution shall have been sued out within three 
Years from the last Payment : no Writ of Execution shall 
be awardable in either of such Cases until a Writ of Scire 
facias shall have been sued out from a Court in which l)v 
Law an original Action for a like Sum might have been 
brought and served, and Return thereof made as by Law 
is directed : but after that shall have been done, and u{)on 
the Defendant's Xon-appearance or not shewing sufficient 
Cause, and the Plaintitf's producing and filing the original 
Recognizance in the Court from which the Scire Faciaf^ 
issued, the Court shall proceed to award Execution for 
what shall appear to be due on such Recognizance with 
the lawful Costs. 

And he it further enacted hy the Avthoriti) aforesaid, 
That in Case of the Death of the Justice of the Peace, who 
shall have taken any such Recognizance as the aforesaid, 
or of his Removal out of the Commonwealth or otherwise, 
where no AVrit of Execution thereon has been sued out, 
and returned satisfied : in every such Case, any Creditor 
or Creditors, who shall have any such Recognizance taken 
before such deceased or removed Justice, and shall File 
the same in the Court of Common Pleas for the County 
where either the Creditor or the Debtor dwells, shall be 
entitled to sue out a Writ of Scire Facias thereon : And 
the Debtor being served with such Writ in the Planner 
above prescribed, and not appearing or shewing sufficient 
Cause why Execution should not be had. the Court shall 
proceed to award Execution for what shall appear to be 
due with lawful Costs. 



In Case of 
Death of Jus- 
:' ■?- of the 
I'- J r who have 
■-.ikrij Recog- 
nizances — 



1782. — Chapter 22. 59 

And be it further enacted. That any Person or Persons Ten^.v^-m 
in whose Favor anv Acknowledgment has been taken or Tc^wi^af 
may be taken on 'or before the First Day of December ^^1^;/- 
next, agreeable to the Act mentioned as above, to be 
repealed, shall be entitled to the Benefit of the same pro- 
ceeding thereon, as he might have had if the same Act 
had continued in Force and unrepealed ; any Thing in 
this Act to the .contrary notwithstanding. 

And be it further enacted. That the Fees to the Justice Fees lo the 
of the Peace who shall take Kecognizances pursuant to this °* '^' 
Act. shall be as followeth. to wit. 

For taking and attesting any such Recognizance, be the 
Xumber of the Conusors or Conusees more or less, shall 
be one Shillinff and six Pence, and no more. 

For recording such Recognizance, one Shilling, and no 
more. 

For the Writ of Execution on such Recognizance, one 
ShilUnq and six Pence, and no more. 

October 19. 1782. 



1782. — Chapter 22. 

[September Session, ch. -5.] 
AN ACT TO PREVENT PROFANE CURSIKG AND SWEAKING. Chap. 22 

^Vhereas the horrible Practice of profane Cursing and Preamble. 
Sicearing is inconsistent with the Dignitif and rational 
Cultivation of the human Mind, with a due Reverence of 
the Supreme Being and his Providence, and hath a nat- 
ural Tendency to weaJcen the Solemnity and Obligation 
of Oaths lairfully tak-en in the Administration of Justice; 
and to promote Falshood, Perjuries, Blasphemies and 
Dissoluteness of JIanners: and to loosen the Bands of 
Civil Society 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
AutJioritti of the same. That if anv Person or Persons, Personscon- 
who have arrived at Discretion, in the Judgment or tne faae Ciirsiiig 
.Justice before 'whom the Conviction maybe, shall pro- *°' 
fanely Curse or Swear in the Hearing of any Justice of 
the Peace, or being charged therewith, shall confess such 
Oftence, or be otherwise convicted thereof on the Oath of 
any Sheriff. Deputy Sheriff. Coroner. Constable. Grand- 
Juror or Tithins-Man, where such Evidence shall be Sat- 



60 



1782. — Chapter 22. 



Penaliv. 



In Case - 



PersoDs con- 
victed in Case 
of non-paymeni 
to be com- 
mined. 



Profane Uaths 
uttered in the 
hearing of any 
•Justice of the 
Peace — 
Justice Dutv. 



>hertfe. 
Deputy Sher- 
iSs^and Con- 
stables. 
authorised to 
apprehend 
Offenders. 



la Case — 



isfactory to the Justice that shall take Coguizauce of the 
Offence : or on the Oath of any one or more Witness or 
Witnesses, where the Evidence shall be Satisfactory as 
aforesaid, every Person so offending shall forfeit and pay 
(for the I'^e of the Poor of the Town where such Offence 
is committed) a Sum not exceeding eight SliiUings 
nor less than/b?//-, according to the Aggravations of the 
Offence, and the Quality and Circumstances of the 
Offender in the Judgment of the Justice or Court before 
whom the Conviction may be : and in Case the same Per- 
son or Persoi-s shall, after Conviction, offend a second 
Time, such Offender or Offenders shall forfeit and pay 
double, and if a third Time, treble the Sum forfeited on 
the lirst Conviction, and the like Sum on every Convic- 
tion afterwards: And if on any Trial and Conviction, 
Proofs shall be made that more than one profane Oath or 
Ctirse wereutter'd by the same Person, at the same Time, 
and in the Presence or Hearing of the same Witness or 
Witnesses, the Person so offending, for every profane 
Oath or Curse so uttered after the tirst. shall forfeit and 
pay a Sum not under one Shilling, nor exceeding tu-o 
Shillings. And in Case any Person convicted of profane 
Cursing or Swearing, shall not immediately pay the Sum 
or Sums so forfeited, he shall be committed to the com- 
mon Goal or House of Correction, there to remain not 
exceeding ten Days nor less than five Days. 

And he it fitrther enacted b>/ the Authority aforesaid, 
That when any profane Oath or Curse shall be uttered by 
any Person or Persons, in the Hearing of any Justice of 
the Peace, it shall be the Duty of such Justice to take 
Cognizance of such Offence, and punish the ( iffender in 
the same Manner :is though !-uch Offender had been con- 
victed before the said Justice by other Evidence. 

And be it further enacted. That if any Person or Per- 
sons shall profanely Swear or Curse in the Hearing of any 
Sheriff. Deputy Sheriff', or Constable, they and each of 
them are hereby authorized and required to apprehend 
and secure such Offender or Offenders being unknown to 
them, and to require suitable Aid therein : and him or 
them forthwith to carry before some Justice of the Peace 
for the same County, that so such Offender or Offenders 
may be convicted and punished for the said Offence : And 
in Case any Person profanely Swearinor or Cursing in the 
Hearing of any Sheriff*. Deputy Sheriff. Coroner, Consta- 



1782. — Chapter 22. 61 

ble. Grand-Juror or Titbing-Man. shall be known to any 
or either of them, such SheriiF, Under-Sheriff. Coroner, 
Constable, Grand-Juror or Tithing-^Ian. shall and is 
hereby required forthwith to give Information thereof to 
some Justice of the Peace of the same County, in order 
that the Otfender or Offenders may be convicted and pun- 
ished for the same, in Manner and Form as in and by 
this Act is directed. 

And he it fuTther enactf-d. That every Justice of the jTisti«aotth* 
Peace, hearing any Person or Persons utter an\- profane vV^y^ty^imz 
Oath or Curse, or before whom any Person or Persons ^^T^^f-^'^ 
shall be convicted of profane Cursing or Swearing, by ^=- 
other EWdence. shall c-ause the Conviction to be drawn up 
in the Form following. 

ss Be it remembered. That on the Yorm. 

Day of in the Tear of our LORD A. B. was 

convicted before me one of the Justices of the Peace for 
the County of of Swearing one (or more) profane 

Oath, Cor Oaths,; or of uttering one (or more) profane 
Curse (or Curses. ) as the Case shall be. 

Given under my Hand and Seal the ](^y and Year 
aforesaid. ^ 

^ATiich said Fomi and Conviction shall be deemed and j^MForrcioae 

taken to be "final to all Intents and Purposes, (saving as 

herein is after expressed ; ) and the said Justice before 

whom such Conviction shall be, shall c-ause the same to be 

fairlv Written and returned to the then next Court of ^emrBabfe to 

/-. 'i->- 'iT^ »!/-» L i_ she next Coan 

General ^ssions ot the Peace tor the County where the ofGeneraises- 

Offence is committed, there to be read in open Court. 

and to be filed by the Clerk of the Peace, and remain and 

be kept amongst the Records of the said Court. Saving 

always, and it is hereby provided and enacted. That when 

any Person who shall be convicted before a Justice of the 

Peace of profane Cursing or Swearing, shall have con- rem>«s«»- 

fessed the Words alledged to have been uttered and shall pj^^spe- 

have pleaded specially that the Words spoken do not «*^— 

amount to or import a Proof of an Oath or Curse within 

the Meaning and Intention of this Act; in such Case it insnchcises. 

shall and may l>e lawful for such Defendant to appeal 

from the Sentence of the Justice before whom he was 

convicted, to the Justices of the same County, in their 

next General Sessions of the Peace, who shall hear and 

finally determine the same ; the Appellant claiming his 



62 



1782. — Chapter 22. 



Officers en- 
joined by this 
Act omitting 
their Duty — 



Penalty. 



And in Case. 



Persons re- 
quired to give 
Aid who shall 
neglect — 



Pcualty. 



Proviso. 



This Act to be 
transmitted to 
Ministers. 



Apj)e{il at the Time of declaring the said Sentence, and 
recognizing with Sureties, in a reasonable Sum, not 
exceeding j^-ye Pounds, to prosecute his Appeal with Effect 
and to perform the Order of the said Court thereon. 

And he it further enacted, That if any Constable, Grand- 
Juror, Tithing-Man, or other Officer enjoined by this Act 
to inform against the Violaters of it, shall wittingly and 
willingly omit the Performance of his Duty in the 
Execution of this Act, and be thereof duly convicted before 
any Justice of the Peace for the County where such 
Offence is committed, he shall forfeit and pay the Sum of 
Forty Shillings, to be levied and recovered by Distress 
and Sale of the Offenders Goods and Chattels, by Virtue 
of a Warrant under the Hand and Seal of such Justice ; 
to be disposed of, one Moiet}^ thereof to the Informer, the 
other Moiety to the Use of the Poor of the Town where 
the Offence is committed : And in Case such Offender shall 
not have sufficient Goods and Chattels whereon to levy the 
said Penalty, it shall and may be lawful for such Justice 
of the Peace to commit the Offender to Goal for the Space 
of Six Days, there to remain without Bail or Mainprize ; 
the Prosecution to be commenced within Sixty Days. 

And he it further enacted. That if any Person being 
required to give Aid to any Sheriff, Deputy Sheriff, or 
Constal)le, as by this Act is provided, shall* neglect or 
refuse the same, and be thereof convicted before any 
Justice of the Peace by the Oath of any such Sheriff', 
Deputy Sheriff', or Constable, or other legal Witness or 
Witnesses, to the Satisfaction of such Justice, such Per- 
son so refusing, shall forfeit and pay the Sum of fort// Shil- 
lings ; the one Half to the Informer, and the other Half to the 
Poor of tlie Town where the Offence is committed : And 
every Person giving Aid as before is provided in this Act, 
shall receive the same Allowance therefor as is by Law 
made to Witnesses in Civil Causes. 

Provided always, and it is hereby enacted, That no 
Person shall be prosecuted or troubled for the Offence of 
profane Cursing or Swearing upon this Law, unless the 
same be proved or prosecuted within twenty Days next 
after the Offence is committed. 

And that no Person may pretend Ignorance of this 
Law, hut that it may he generally hnown. 

Be it further enacted. That a printed Copy of this Act 
shall be transmitted to every Minister within the Govern- 



1782. — Chapter 23. 03 

mcnt to whom it is hereby reeonimended to read or cause 
the same to be publicly read before their several Congrega- 
tions, on the Lord's Day next succeeding the Choice of 
Town Officers Yearly. 

And be it furtJier enacted, '\ hat the Justices of the 
Supreme Judicial Court and the Justices of the Peace for 
the several Counties, at their General Sessions, shall cause 
this Act to l)e publicly read at the oj)ening of their respec- 
tive Courts, from Time to Time. 

A.nd be it further enacted, That all Laws heretofore 
made for preventing profane Cursing and Swearing, be, 
and hereby are repealed. October 19, 1782. 

1782. — Chapter 33. 

[September Seesiou, ch. 6.] 



ChajJ. 23 



AN AC'l' FOR MAKING MORE EFFECTUAL PROVISION FOR THE 
DUE OBSERVATION OF THE LORD'S DAY; AND FOR REPEAL- 
ING THE SEVERAL LAWS HERETOFORE MADE FOR THAT 
PURPOSE. 

WJier^as the Observance of the Lord's Day is highly Preamble. 
promotive of tJie Welfare of a Gommunity^by affording 
necessary Seasons for Relaxation from Labor and the 
Cares of Business; for moral Reflections and Conversa- 
tion on the Duties of Life, and the frequent Errors of 
human Conduct; for public and private Worship of 
the Maker, Governor arid Judge of the World, and for 
those Acts of Charity which support and adorn a Chris- 
tian Society: And whereas many thoughtless and irre- 
ligious Persons, inattentive to the Duties and Benefits of 
the Lord's Day, profane the same by unnecessavily pur- 
suing their worldly Business and Recreations on thai 
Day, to their own great Damage, as Members of a Chris- 
tian Society, and to the great Disturbance of tvell disposed 
Persons; and to the great Damage of the Conimunity, by 
produciny Dissipation of Manners and Lnmoralities of 
Life: 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same, That no Person or Persons what- Business and 
soever shall keep open his or their Shop, Warehouse or wbitedonthe 
Workhouse, nor shall upon Land or Water do any Man- ^°^^^^'^^'- 
ner of Labor, Business or Work, nor be present at any 
Concert of Music, Dancing, or any public Diversion, 



C4 



1782. — Chapter 23. 



Penalty. 



Unnecessary 
Walking for- 
bidden. 



Funerals regu- 
lated. 



She^v or Entertainment, nor use any Sport, Game, Play 
or Recreation on the Lord's Day, or any Part thereof 
(Worlds of Necessity and Charity only excepted) upon 
Penalty. Penalty that every Person so offending shall forfeit and 

pay a Sura not exceeding tvjenty Shillings nor less than 
ten Shillings. 

Be it further enacted hy the Authority aforesaid. That 
Travelling pro. no Traveller, Drover, Wafijo-oner, Teamster, or any of 
their Servants, shall travel on the Lord's Day or any Part 
thereof (except from Necessity or Charity) upon the 
Penalty of a Sum not exceeding twenty Shillings nor less 
than ten Shillings. 

And be it further enacted, That no Person shall recreate, 
disport, or unnecessarily walk, or loiter, or assemble 
themselves in the Streets, Lanes, Wharves, Plighways, 
common Fields, Pastures, or Orchards of any Town or 
Place, within this State on the said Day, or any Part 
thereof, on Penalty of the Sum of y??;e Shillings. 

And be it further enacted, That no Sexton, Grave 
Digger, Porter, or Bearer, shall be assisting at the Funeral 
of any Person on the Lord's Day, or any Fart 4;hereof ; 
and no Person shall toll any Bell for such Funeral, unless 
Licence be given by a Justice of the Peace ; and when 
in any Town or District where no Justice of the Peace 
dwells, such Licence shall be granted l)y one or more of 
the Selectmen of the Town or District, on Penalty of 
twfnfy Shillings, to l)e paid by each and every Person so 
oftending ; and no Justice or Selectman shall grant an}^ 
Licence except in Cases of Necessity only. 

Be it further enacted. That no Vintner, Retailer of 
strong Liquors, Innholder, or other Person keeping a 
House of public Entertainment, shall entertain or suffer 
any of the Inhabitants of the respective Towns where 
they dwell, or others, not l)eing Travellers, Strangers or 
Lodgers, in such Houses, to abide and remain in their 
Houses, Yards, Orchards, or Fields, drinking, or spend- 
ing their Time either idly or at play, or doing any secu- 
lar Business on the Lord's Day, or any Part thereof, on 
Penalty of ten Sltillings, payable by such Vintner, 
Retailer, or Innholder, or Person keeping such House of 
Entertainment, for each Person so entertained or suffered ; 
and every Person so drinking or abiding (except as afore- 
said) shall forfeit a Sum not exceeding ten Shillings, nor 
less thanfve Shillings; and every such licenced Person 



Entertainmeut 
in public 
Houses pro- 
hibited. 



178^. — Chapter 23. 65 

upon aii}^ Conviction, after the tirst, shall forfeit twenty 
Shillings, and having been three Times convicted, shall 
be debarred renewing such his Licence forever after. 

And altJiougJi it is the /Sense of' this Court that the Preamble. 
Time commanded in the sacred Scriptures to he observed 
as Holy Time includes a natural Day or Twenty-four 
Hours: Yet, wJiereas there is a Difference of Opinion con- 
cerning the Beg inning and Ending of the Lord's Day, 
among the good People of this Gommonivealth, and this 
Court being unwilling to lay any Restrictions, which may 
seem unnecessary or unreasonable to Persons of Sobriety 
and Conscience: 

Be it therefore enacted by the Authority aforesaid. 
That all the above Regulations respecting the due Obser- Time fixed for 
vation of the Lord's Day, extend to the Time included vatiorof^Lmd's 
between the ^Midnight preceding, and the Sun Sitting of ^^y- 
the same Day. 

Be it enacted by the Authority aforesaid, That no Per- 
son shall be present at any Concert of Music, Dancing or Diversions 
other public Diversion, nor shall any Person or Persons p'°'"''"<^'1- 
use any Game, Sport, Play or Recreation on the Land or 
Water on the Evening next preceding or succeeding the 
Lord's Da}', on Pain of forfeiting ten Shillings for each 
Offence. And no Retailer, Innholder, or Person licenced Reuiiers &c. 

' . ' ^ Qot to enter- 

to keep a public House, shall entertain or suiter to remain tain Persons 

1 • J 1 • T T A^ T J 1 T-»i J excepting trav- 

or be in their Houses or lards, or other Places appurte- eiiers&c 
nant, an}^ Person or Persons (Travellers, Strangers, or 
Lodgers excepted) drinking or spending their Time on 
the said Evenings, on Penalty of ten Shillings for each 
Offence. 

And whereas the p)ublic Worship of Almighty God ^Vs Preamble. 
esteemed by^ Christians an essential Part of the due Obser- 
vance of the Lord's Day and requir'es the greatest Decency 
and Reverence for a due Performance of the same: 

Be it therefore enacted. That each Person being able of ^u^bi*;" wo"-"" 
Body, and not otherwise necessarily prevented, who shall ship— 
for the Space of one Month together, absent him or her- 
self from the public Worship of God on the Lord's Day, 
shall forfeit and pay the Sum of ten Shillings, provided 
there be any Place of AVorship on which they can con- 
scientiously and conveniently attend. 

Be it further enacted by the Authority aforesaid. That Persons behav- 
if any Person shall on the Lord's Day, within the Walls Houses of pub- 
of any House of public Worship, behave rudely or inde- "^ *^'* ''^' 



m 



1782. — Chapter 28. 



Pentllty. 



Persona not 
paying Fines 
Bubject to Im- 
prisonment. 



Persons inter- 
rupting the pub 
lie Worship of 
God. 



Penalty. 



Persons not to 
serve any Civil 
Process. 



cently, he or she shall pay a Fine not more than forty 
8hillings nor less than five Shillings. And if the Person 
so otfencling be a Servant or Person under Age, and their 
Parents, Masters, or Guardians, refuse to pay the Fine, 
such Servant or Person under Age, shall l)e punished by 
Imprisonment, not exceeding ten Days, nor less than three 
Days, at the Discretion of the Justice or Court before 
whom such Person or Persons shall be convicted. 

And be it enacted by the Authority aforesaid, That it 
any Person or Persons either on the Lord's Day, or at 
any other Time, shall wilfully interrupt or disturb any 
Assembly of People met for the public Worship of God, 
within the Place of their assembling, or out of it, he 
or they shall severally pay a Fine not exceeding ten 
Pounds, nor less than liventy SJiillings. 

Be it further enacted by the Authority aforesaid. That 
no Person shall serve or execute any Civil Process from 
Midnight preceding to Midnight following the Lord's 
Day, but the Service thereof shall be void, and the Per- 
son serving the same shall be as lial)le to answer Dam- 
ages to the Party aggrieved as if he had done the same 
without any such Civil Process. 

And in order to the more effectually carrying this Act 
into Execution : 

Be it furtJier enacted. That each Town and District 
within this Commonwealth, shall at the Time of chusing 
Town and District Officers, annually and every Year 
chuse certain Persons, being of good Substance, and sober 
Life and Conversation to be Wardens of such Town or 
Districts ; of which Officers the Town of Boston shall 
chuse twelve, viz. one for each Ward in said Town ; and 
every other Town or District shall chuse any Number not 
less than Two and not exceeding Six ; and all such War- 
dens shall take the following Oath, viz. 

You being chosen a Warden for the Tonm of 
for the Year ensuing, and until another shall be chosen in 
your Roo7n, do solemnly Swear, that you will diligently 
attend to, and faithfully execute the Duties of the said 
Office, without Partiality, and accoi'ding to your best Dis- 
cretion and Judgment. 

So help you GOD. 

Penalty for not And if any Person or Persons shall refuse or neolect to 
take such Oath, and to serve in such Office, every such 



Wardens to be 
appointed. 



Form of the 
Oath. 



1782. — Chapter 23. 67 

Person in the Town of Boaton sliall be liable to the Pen- 
alty of ten Pounds; and in any other Town or District, 
to the Penalty oi jive Pounds. And every Town shall 
forthwith proceed to the Choice of other or others, in the 
Room of any Person or Persons so refusing or neglecting, 
and so toties quoties. And if any Person or Persons, so 
refusing or neglecting, shall not pay to the Treasurer of 
such Town the Fine or Penalty aforesaid, he shall as soon 
as may be, be summoned to appear before the Court of 
Sessions for the County ; and upon Certificate under the 
Hand of the Town Clerk, that such Person was legally 
chosen to the Office of Warden, unless some just Cause 
shall be made to appear to the said Court of Sessions, to 
excuse the Person so chosen from serving, the Justices 
shall order a Warrant to l)e signed by the Clerk of the 
Peace, directed to any Constal)le or Constables of such 
Town, to levy the said Fine by Distress and Sale of 
such Oftender's Goods, returning the Overplus, if any 
there be : And the Fine or Penalty so levied or paid, 
shall be delivered to the Overseers of the Poor or Select- 
men, for the Use of the Poor of such Town : And if the 
Town of Boston shall neglect the due Observance of this 
Act, and shall not chuse, in Manner as required, such 
Officers, the said Town shall incur the Penalty of one Penalty on 
Hundred Pounds; and any other Town so neglecting chJosing!*"^ 
shall incur the Penalty oi fifty Pounds, upon every Con- 
viction of such Neglect before the Court of Sessions 
for the County wherein such Town shall be, to be levied 
by AVarrant tVom the said Court in Proportion upon the 
Inhabitants, as public Charges are levied to be paid into 
the County Treasury. 

And be it further enacted. That the Persons so chosen warden's Duty. 
and servino- as ^^^ardens shall be held and obbVed to 
enquire into, observe and inform of all Offences against 
this Act ; and every such Warden is hereby authorised 
and empowered to enter into any of the Rooms and other 
Parts of any Inn or public House of Entertainment on 
the Lord's Day, and the Evening preceding and succeed- 
ing; and if such Entrance shall be refused to any War- 
den, the Landlord or licenced Person shall forfeit the 
Sum oi Forty Shillings for each and every Offence. 

And the said Wardens are herel)y further authorised 
and empowered within their respective Towns, to exam- 
ine all Persons suspected as unnecessarily Travelling as 



68 1782. — Chapter 23. 

aforesaid, on the Lord's Day, and to demand of all such 
Persons the Cause thereof, together with their Names and 
Phices of Abode : And if such Persons shall refuse to 
make answer to such Demands, or shall not give to such 
Warden or Wardens such Reasons for their Travelling 
upon the Lord's Day, as shall satisfy such Wardens of 
the Necessity thereof, such Wardens shall return the 
Names of all such Persons as they shall know or can 
obtain the Name of, to a Justice of the Peace ; and such 
Justice shall proceed to Trial of the Offence, if the 
Offender shall be within the County, or otherwise such 
WaiTlen shall return the Names of such Persons, and the 
Offence, to the Grand Jury, for their Consideration and 
Proceeding thereon. And if any person shall willfully 
give false Answer to any such Demands of any Wardens, 
every Person so offending, shall forfeit five Pounds for 
each and every Offence : And any two Justices of the 
Peace, Quorum Unus, for any County where such Per- 
son shall be found, shall have full Power and Authority 
to enquire into, try and determine such offence. 

And he it further enacted, That it shall be Lawful for 
each and every Warden and Wardens, that have already 
been chosen, or that may hereafter be chosen in Conse- 
quence of this Act, either by himself or with such Assist- 
ance as he shall judge needful to take or call to his Aid, 
forcibly to stop and detain any Person or Persons he shall 
suspect of unnecessarily Travelling as aforesaid, for and 
during such Space of Time as shall be necessary for 
demanding the Cause or Reason of such Person's Travel- 
ling, his Name and Place of Abode, and receiving the 
Answers in such Demands : And in Case any Person or 
Persons shall not o-jve Satisfaction to the Warden or War- 
dens demanding the same, such Warden or Wardens 
shall have full Power and Authority to detain in his or 
their Custody such Person or Persons, until a regular 
Trial may be had, unless such Warden or Wardens shall 
receive Satisfaction before the Time of Trial. And every 
Person examined by any Warden or Wardens in Conse- 
quence of this Act, that shall refuse or neglect to give 
direct Answers, shall, on Conviction of such his Refusal 
or Neglect, forfeit and pay the Sum of^ five Pounds, and 
may be prosecuted and tried in the same Manner as is 
already provided in this Act for giving a false Answer : 
And every Person who shall be required to assist and 



1782. — Chapter 23. • 69 

give Aid to any Wjirden, that shall refuse or neglect so 
to do, shall for every such Ottence forfeit and })ay the Sum penalty. 
of forty ShiUi7}(js; unless such Person or Persons so 
refusing or neglecting shall make reasonable Excuses to 
the Acceptance of the Court or Justice l^efore whom they 
shall be tried. 

And be it further enacted. That the Oath of any Warden outhof any 
shall be deemed full and sufficient Evidence in"^any Trial SellfET'' 
for any Otfence against this Act, unless in the Judgment ^Har'"""-^ 
of the Court or Justice the same shall be invalidated by 
other Evidence that may be produced. 

And be it further enacted, That no Person exempt from 
serving as a Grand-Jur^^man shall be liable to any Penalty 
for not serving as Warden ; any Thing in this Act to the 
contrary notwithstanding : And no Person shall be held 
and obliged to serve in the said Office of Warden more 
than once in five Years ; and every Warden, when in the Priviiedge of 
Execution of his Office, shall carry w4th him a white ^^'''"'p"*- 
Wand, not less than seven Feet in Length, as a Badge 
of his Office, and may command Assistance when he shall 
judge it necessary ; and any Person refusing or neglecting 
to be so aiding and assisting, shall forfeit and pay the Sum 
oi forty 8h illings . 

And be it further enacted, That the Parents of an}' Parents and 
Children under Age, and the Guardians of any Minors, liaifie for Fines. 
and the Masters of Servants who shall have no Parents 
nor Guardians, shall be respectively liable for the Fines 
of their Children, Wards or Servants, who shall be con- 
victed of any Offence against this Act. 

And be it further enacted, That in Case any Person that Persons not 
shall be convicted of profaning the Lord's Day in any of subject to im- 
the Instances mentioned in this Act, shall not immedi- p"*''""^*^" • 
ately pay the Sum or Sums by him forfeited as aforesaid, 
he shall be punished by being committed to the common 
Goal of the County, there to remain not exceeding ten 
Days, nor less than five Days. 

And be it further enacted, That notwithstanding the other civii 
special Provision made by this Act for preventing the Notice of 
P)reaches thereof, any Justice of the Peace shall upon Act?*^^ 
Inspection, convict any Person ; and such special Pro- 
vision, shall not be construed or understood to exempt 
any Sheriffs, Grand Jurors, Tithing Men, Constables or 
(;ther Officers, or Persons whatsoever, from any Obliga- 
tion or Duty, to cause this Act to be put in Execution, 



70 



1782. — Chapter 24. 



Offences to be 
heard before 
Justices of the 
Peace. 



Fines how to be 
applied. 



Towns ex- 
empted who 
have neglected 
to choose 
■\Varden8. 

Proviso. 



Act to be read 
at March Meet- 
ing annually. 



Laws hereto- 
fore made 
relating to the 
due Observation 
of the Lord's 
Day repealed. 



hut they shall he held to take due Notice and prosecute 
all Breaches thereof, such special Provision notwithstand- 
ing. 

A7id be it further enacted, That all Ott'ences against this 
Act may be heard and determined before any of the Jus- 
tices of the Peace in their respective Counties where the 
Fine does not exceed the Sum oi forty Shillinys. All 
Fines and Forfeitures arising by this Act, not therein 
otherwise disposed of, shall be applied towards the Sup- 
port of the Poor in the Town where the Oftence shall be 
committed. 

Be if further enacted by the Authority aforesaid, That 
such Towns as have neglected to choose Wardens in the 
Month of March last, and have thereby incurred a Pen- 
alty, be, and hereby are exempted from such Penalty, 
provided such Towns choose them on or before the Month 
of January next, which Choice they are hereby empow- 
ered to make. 

And be it further enacted by the Authority aforesaid. 
That this Act shall be publicly read by the Clerk of the 
Peace, at the opening of each Court of General Sessions 
of the Peace within this State, and by each Town-Clerk 
annually, at the Yearly Meeting in the Month oi March. 

And be it further enacted by the Authority aforesaid. 
That all Laws heretofore made, so far as they relate to 
the due Observation of the Lord's Day, be and hereby 
are repealed and declared null and void. 

October 22, 1782. 



1783. — Chapter 34. 

[September Session, ch. 7.] 

Chap 24 ^^' ^CT FOR REGUL.\TING THE TREASURY; AND FOR REPEAL- 

^ ' ING CERTAIN PARTS OF AN ACT, INTITLED, "AN ACT FOR 

THE BETTER REGULATION OF THE TREASURY OF THIS 

COMMONWEALTH, AND FOR APPOINTING AN ASSISTANT 

TREASURER." 

JVhereas by the Death of the late Treasurer, Henry 
Gardner, Esq; the Business 0/ the Treasury is deranged, 
and that Part assigm-d the Assistant Treasurer may in 
future be transacted by the present Treasurer : 

Be it therefore enacted by the Senate and House of Repre- 
sentatives in General Court assembled , and by the Author- 
ity of the same. That the Act entitled, " An Act for the 



Preamble. 



1782. — Chapter 24. 71 

hotter Regulation of the Treasury of this Commonwealth, An Actfonbe 
and for appointino- an Assistant Treasurer," be, and hereby uon^of tbf ^ 
is in every Part repealet^ and made null and void, except fo^app^inuUg 
so much and such Parts of the same as oblige the said x'i-^aurerre- 
Assistant Treasurer to account for his Conduct while in peaied— ex- 
that Office. 

And be it enacted hy the Authority aforesaid ^ That the 
several Duties contained in the above said Act devolve 
upon and he transacted and performed by the present 
Treasurer. 

Be it farther enacted by tJie Authority aforesaid^ That 
all Warrants, Executions and Precepts of every Kind AUWarran-s, 
which were issued by the late Treasurer, Henry Gardner, totheiate 
Esq ; and returnable to him, he, and they hereby are retul-uabie to 
made returnable to the i)resent Treasurer, and that the Tr^eaJurer! 
Doings of the respective Officers thereon since the Decease 
of the late Treasurer, he, and hereby are made valid and 
of the same Force and Authenticity as if the late Treas- 
urer had then been living ; any Law to the contrary 
notwithstanding. 

And it is further enacted, That the present Treasurer Treasurer em- 
be, and he hereby is empowered and directed to continue unueconJoii^"" 
consolidating public Securities issued by the Authority of securitfesl'''" 
this Commonwealth, in the same Way and Manner as was 
heretofore provided, and to continue the same till the 
further Order of this Court. 

And it is also further enacted, That the Committee committee ap- 
appointed to examine and settle the Accounts of the late amin'elnd Tettie 
Treasurer, Henry Gardner, be still continued under the u^rlr'^s Accounts 
same Commission, to examine and audit said Accounts, continued, 
anl that they proceed in the Settlement of the same with 
the Administrator on the Estate of the said late Treasurer, 
or such Person as he shall appoint, up to the Eighth Day 
of October Instant. 

And be it further enacted by the Authority aforesaid, 
That the Committee appointed to receive from the Admin- committee 
istrator of the late Treasurer Gardner, the Property of emproTpersons 
this Commonwealth, and deliver the same to the present "ssTstTn'^Ltuiug 
Treasurer, be and they hereby are authorised and empow- '^['ccount^'^oTfhe 
ered to employ, at the Expence of this Commonwealth, late Treasurer. 
such Persons as may appear to them to be necessary to 
assist in settling the Books and Accounts of the said late 
Treasurer. 

And be it further enacted. That there shall he allowed 



72 1782. — Chapter 25. 

''^'•'""'istiator t() the Adiuiiiistnitor on the Estate of the hite Treasurer 
leafouiibie Sum Gardner, or to such Person or Persons as shall be by him 
employed, a reasonable Sum tor his or their Service in 
bringing up and settling the said Treasurer's Accounts. 

October 22,1782. 



Chap. 25 



1783. — Chapter 25. 

[September Session, ch. 8.] 

AN ACT TO COMPEL EXECUTORS LIVING WITHOUT THE COM- 
MONWEALTH, TO SETTLE THEIR ACCOUNTS; AND TO OBLIGE 
ADMINISTRATORS AND GUARDIANS, NOT BEING INHABITANTS 
OF THIS COMMONWEALTH, TO GIVE BONDS WITH PROPER 
SURETIES FOR THE PERFORMANCE OF THE DUTIES OF 
THEIR TRUST. 

Be it enacted by the Seriate and House of Rejwesenta- 

tives in General Court assembled, and by the Authority of 

Personsap- ^/^g Same, That when any Person who shall hereafter be 

pointed Execu- • i t-< rn in i i-n- 

tors, living appomted Executor to any lestament, shall, at the i uiie 

Common- '* of the Pi'obate of the same, live without this Common- 

I'nto'Bonds'"'"' Wealth, he shall, before the Probate of the Will wherel)y 

he is appointed, enter into Bonds to the Judge of Probate 

for the County in which the Testator lived, with sufficient 

Sureties, being Inhabitants of the said Commonwealth, 

for his faithful Performance of the Trust "reposed in him : 

And if such Executor shall refuse to enter into such 

Bonds, Administration shall be granted, with the Will 

annexed in the same Manner as if such Executor declined 

the Trust. 

Executors re-^^^^ ^^tZ be it further enacted. That when any Executor 

this Common- shall rcmovc himself without this Commonwealth, and 

the Settlement l)ecome au Inhabitant of some other State, Place, or King- 

count"'/dmin dom, bcforc his Accounts shall l>e settled, and shall not, 

granted" d°^'*' upou bciug thercuuto required by the Judge of Probate 

bo7ii8 non,&.c. j^ the Couuty where the Will shall have been pa'oved, 

come into this Commonwealth and settle his Accounts, 

Administration shall be granted, de bonis non, with the 

Will annexed, in the same Manner as if such Executor 

had died Intestate ; and he shall be answerable to such 

Administrator for all the Estate which shall have come to 

his Hands ; having Credit for his just Expences, the 

Debts he may have discharged, and the Legacies he may 

have paid. 

And be it further enacted. That where any Person 
now living without this Commonwealth, shall have been 



1782. — CiiAPTKR 2G. 73 

api)()intO(l Executor to the Will of any Person now 
deceased, shall, upon being- duly required by the Judge 
of Probate of the County where the Will hath been 
proved, to come and settle his Accounts, and i^hall i" CaHe ex. 

,■ , 1 J J 1 J 1 1 1 editors refuse 

retuse to api)ear and settle the same, and pay the to e.ttic their 
Debts and Legacies, Administration de bonis non, with 
the AVill annexed, shall be granted in the same Manner 
as if such Will had been proved after the making of this 
Act, and the Executor had removed himself without the 
Connnonwealth after the Probate of the same \\"i\\. 

And be , it further enacted, That when any Person or persons not 
Persons, not" being Inhabitants of this Commonwealth, SJahi^s*" 
shall take Letters of Administration on any Intestate *^'°'",[?°"- , . 

■/ wcaltn, taking 

Estate, or Letters of Guardianship in Behalf of Minors, Liters of Ad- 

1 .1 1 II • , 1 T J 1 • 1 ministration, to 

lie or the}' snail, previous to such Letters being granted, give Bond. 
give Bond with sufficient Sureties, being Inhabitants of 
this Commonwealth, to the Judge of Probate granting 
such Letters, for the taithful Performance of the Trust 
reposed in said Administrators or Guardians. 

October 23, 1782. 

1782. — Chapter 26. 

[September Session, ch. 9.J 

AN ACT FOR CONFIRMING CERTAIN LANDS, LYING IN THE (JJidj) 26 
COUNTY OF YORK, TO CERTAIN PERSONS CLAIMING THE ^ ' 

SAME, UNDER WILLIAM PHILLIPS AND BRIDGET PHILLIPS. 

WJiereas some Doubts have arisen what Estates said Preamble. 
Claimants have in the Lands herein after described, and 
the Interposition of the Legislature is found necessary to 
remove the same. Therefore, 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled , and by the Authority of 
the same, That the Lands contained within the Limits or Lander con- 
Boundaries followino-, (except the Tract of Land called pr!^priet°or8^ 
Coxhall, and also alfLands within those Limits heretofore ^^'?|f;i"f„"ph^u■ 
laid out l)v Virtue of Grants regularly made l)y the Gen- "1^%-'"'" ,, ., 

• . 1 1 -r> Bridget Phil- 

eral Court) be and they hereby are confirmed to the Pro- lips jn the 

. , ,' . , T N I T ,1 1 TTr-'77 • County of 

prietors claiming and holding the same under Wiltiam York. 

Phillips and Bridget Phillips, their Heirs and Assigns, 

viz. Beginning at the North Corner of Sandford, which Boundaries. 

Corner may l)e ascertained by a Line running South We.st, 

and North East, through a certain small Pond, called 

Beaver Hill Pond; and from the said North Corner of 



74 1782. — Chapter 26. 

Sandford, thus ascertained, to run North West, a])Out 
eight Miles, to little Ossipee River ; then by said River, 
including Half of the same as the said River runs, to Saco 
River ; then by said Saco River to the Head Line of 
Biddeford; then by the Head Lines of the Towns of 
Biddeford and Arundel to the East Corner of said Sand- 
ford, as it Avas originally incorporated ; then by said 
Sandford as it was originally laid out by the Name of 
Phillips Town, to the North Corner thereof, l)eing the 
Boundary first mentioned. 
Proviso. Provided nevertheless, and the foregoing (Confirmation 

is to be understood to be made upon the following Con- 
ditions, viz. That the said Proprietors shall on or before 
the first Day of Januari/ next, release and relinquish all 
further Claims to the Lands within the Limits above con- 
firmed to them, which were laid out by Virtue of Grants 
regularly made by the General Court ; and also to all 
Lands contained within the following Limits, viz. Begin- 
ning at said North Corner of Sandford, thence running- 
North West, about eight Miles, to little Ossipee River ; 
then Westerly by little Ossipee River, to the Pond called 
Ossijjee Pond ; then by said Pond to the State of New 
Hampshire ; then Southerly by N'eiv Hampshire Line to 
the Westerly Corner of Lebanon; then Northeasterly by 
the Head Lines of Lebanon and Sandford to said North 
Corner of Sandford aforesaid ; and shall make and exe- 
cute according to Law, good and suflicient Deed or 
Deeds of Release and Quit-Claim, according to the true 
Intent and Meaning of this Act, and to the Acceptance 
of Jedediah Prehhle, Esq : and others, the Committee 
appointed by the General Court to examine the Claims 
of said Proprietors to said Lands, who shall cause the 
same to l)e recorded by the Register of Deeds for the 
County of York, with the Records for the said County, 
and then File the same in the Secretary's Office, and also 
on Condition that the said Proprietors shall pay or cause 
to be paid to the said Committee the one Half of their 
Expences in viewing and ascertaining the Boundaries 
aforesaid, with the other Boundaries mentioned in their 
Report. 
Proviso. Provided also. That nothing in this Act shall be so con- 

strued as to injure, defeat, or make void any b'ight or 
Claim, which the Commonwealth have, or may have, to 
any Part of said Lands, which belonged to certain Persons 



1782. — Chapter 27. 75 

called Conspirators or Absentees ; any Thing in this Act 
to the contrary notwithstanding. 

Aho provided. That nothing in the foregoing Act shall 
be construed to effect the Property of either of the Towns 
of Biddeford or Arundel. October 30, 1782. 



1783.— Chapter 37. 

[September Session, ch. 10.] 

AN ACT FOR CONFIRMING CERTAIN LA.NDS, IN THE COUNTY OF (J/inr) 27 
YORK, TO CERTAIN PERSONS CLAIMING THE SAME, UNDER ^ ' 

XICHOLAS SHAPLEIGH. 

Whereas certain Persons acting as Proprietors of Lands Preamble. 
lender the Title of Nicholas Shapleigh, supposing that 
they owned, Lands to the Soidhward of Little Ossipee 
River, and at considerable Expence improved and settled 
a Part thereof: Therefore, 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assembled, and by the Authority of 
the same. That the Tract of Land contained within the Tract of Land 
following Limits, be and hereby is granted and confirmed p°e"fonTciIrm. 
to said Persons who have acted in Proprietors Meeting, Jfo^der'^Nfchoias 
under the Character and by the Name of the Proprietors shapieigh, in 

. . . -.-■ the County of 

claiming Lands under J^icholas Shapleigh, late ot Kittery, Yorii. 
deceased, their Heirs and Assigns (excepting all Lands 
within those Limits heretofore laid out by Virtue of Grants 
made by the General Court) viz. Beginning Seven Hun- Boundaries. 
dred and Eighty Rods North- West from the North Corner 
of Sanford, thence running South One Thousand and 
Seventy Rods to Sanford Head Line ; then West Seven 
Hundred* and Twenty Rods ; then South Two Hundred 
and Fifty Rods ; then West nearly Six Miles to Salmon 
Pall River; then Xortli by Salmon Pall River, and the 
Li)ie run l)y Order of Governor Belcher in the Year of 
our LORD One Thousand Seven Hundred and Forty-one, 
between JS^ew Hampshire and the late Province of Main, 
about Ten Miles to little Ossipee Pond; then by said 
Pond and little Ossipee River, North Easterly, until it 
intersects a Line drawn North-West from the North Corner 
of Sanford aforesaid ; then South-East to the first men- 
tioned Rounds, together with a small Gore of Land at the 
Head of I^ebanon, containing about Three Hundred Acres, 
adjoining to a Lot granted by the General Court to 3Iid- 



76 1782. — Chapter 28. 

Proviso. dlecot Cook, Esquire ; provided however, and upon Con- 

dition, that the said Proprietors shall, on or before the 
First Day of March next, give sufficient Security to the 
Acceptance of Jedediah Prebh\ Esquire, and others, 
the Connnittee appointed by the General Court to examine 
the Claims of said Proprietors to said Lands, for the Pay- 
ment of Four Hundred Pounds to the Treasurer of this 
Commonwealth, for the Use thereof, on or before the 
Tenth Day of October next, with Interest for the same till 
paid : And provided also, that the several Lots in said 
Tract before descri])ed, already appropriated to public 
Uses, be truly reserved for those Purposes ; and also that 
the said Proprietors pay to the Committee aforesaid, one 
Half of their Expences in ascertaining the Boundaries 
aforesaid, with other Boundaries mentioned in their 
Report'. October 30, 1782. 

1782. — Chapter 28. 

• [September Session, ch. 11.] 



ChaV 28 ^^ ^^"^ ^^^ GRANTING A LOTTERY FOR REl 
^ ' PORTING A BRIDGE OVER AGAWAM RIVE 



; PAIRING AND SUP- 
PER, SO CALLED, IN 
WEST SPRINGFIELD. 



Preamble. Wherecis the InJicibitants of the To2n2 0/ West Spring- 

field have 2)etitwned that they ina.y have Liberty granted 
them to raise the Sum of tvjo Hundred Pounds, by a Lot- 
tery, for the Purpose of repairing and supporting a 
Bridge in West SpringHeld, over Agawam River so 
called. And whereas it appears that the same Bridge is 
of great Utility to the Public and that it is necessary that 
the same sJiould be kept in Repair : Therefore, 

Be it enacted by the Senate and House of Reijresenta- 
tives in General Court assembled and by the Authority of 

£200 raised by the Same, That a Sum not exceeding two Hundred Pounds, 
be raised by a Lottery or Lotteries, by a deduction of 
twenty per Cent. u|)on the Tickets when sold, for and to the 
Purpose of repairing and supporting the said Bridge, and 

Abraham Bur- tXvdt Abraham BurbanJi, Justin Ely and Eliphcdet Leon- 

bank and others 7-1-1 • t»t rt • • cy i i - itit t 7 

elected ard, Esquo'cs ; Air. Benjamin Stebbiiis, and Mr. Joseph 

White, or any three of them shall be Managers of the 
said Lottery or Lotteries, who shall be sworn to the faith- 
ful Performance of their Trust ; which said Managers 
shall make and publish in such News Papers as they shall 



Managers 



1782. — Chapter 29. ' 77 

judge proper, ;i Scheme for the said Lottery or Lotteries, 
as soon as may be, and all necessary Rules and Eegu- 
lations therewith, for the Management thereof. And 
all Pi'izes which may be drawn in the said Lottery or Prizes to bo 
Lotteries shall be paid without any Deduction, provided DeduTuor'^ 
they are demanded within eight IMonths after the Draw- Proviso. 
ing of the said Lottery or Lotteries ; otherwise the 
Money arising from such Prizes shall be appropriated to 
the Purpose aforesaid. 

And be it further enacted hy the Authority aforesaid. 
That if any Person shall forge, counterfeit or alter any PereouH con- 
Lottery Ticket issued by Virtue of this Act, or shall pass Vexy. ° '"" 
or utter any such counteifeited, forged or altered Ticket, 
knowing the same to be false, forged, counterfeited or 
altered, or that shall counsel, advise, or assist in forging, 
altering 'or counterfeiting the same, every Person so 
otiending, and being thereof convicted, before the Su- 
preme Judicial Court of this Commonwealth, shall be 
punished by setting on the Gallows for the Space of one peuaity. 
Hour, with a Eope round his Neck, or shall pay a Fine 
not exceeding one Hundred Pounds, to the Use of this 
Commonwealth, or shall suffer not more than twelve 
Months Imprisonment, nor less than two, or be publicly 
Whipped, not exceeding thirty-nine Stripes, at the dis- 
cretion of the said Court, according to the Nature and 
Circumstances of the ()i!euce. And the said Managers, or Managers to 
any three of them are hereby empowered and directed MonTesfor the 
from Time to Time, to lay out the Monies arising from fgJd!'"^'' '''^°'''" 
this Lottery, for the Purpose of repairing and support- 
ing the abovesaid Bridge, in West Springfield. 

Provided nevertJieless, That no Tickets in this Lottery proviso. 
l)e exposed to sale till after the drawing of a Lottery 
ijranted for erectino- a Bridg-e over Chel:ehee River, lead- 
ing from Springfield to Hadley. November 1, 1782. 

1782. — Chapter 29. 

[Septemlier Session, ch. 12.] 

AN ACT IN ADDITION UNTO AN ACT, INTITLED, "AN ACT PRO- (Jkap. 29 
VIDING FOR THE LEVYING AND COLLECTING OF TAXES IN 1 ' ' 

PLANTATIONS THAT ARE NOT INCORPORATED. 

\Vhereas there has been a great Failure in assessing PrcamMe. 
and collecting Plantation Taxes, and some further Pro- 



78 



1782. — Chapter 29. 



Plantations 
ncelecting to 
choose Officers. 



Penalty. 



Assessors and 
Collectors in 
Case of Refu- 
sal— 



When the 
Treasurer shall 
have issued his 
Warrant for 
assessing a Tax 



lu .such Case. 



vision is necessary to prevent such Failure in future, and 
for assessing and collecting such Taxes as have already 
been ordered to he assessed and collected: Therefore, 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority oj 
the same, That if any Plantation within thi.s Common- 
wealth, upon due warning given, shall neglect to assemble 
for the Purpose of choosing the Officers which they are 
empowered to choo.se by the said Act, or being so assem- 
bled, shall neglect to choose such Officers, such Planta- 
tion shall forfeit the Sum of twenty Pounds, to be 
recovered in an^^ Court proper to try the same, and 
applied to the Use of this Commonwealth. 

Be it further enacted. That such Assessors and Collect- 
ors as shall be duly appointed by any Court of General 
Sessions of the Peace, shall be severally subjected to the 
same Penalties in Case of their Refusal to accept and 
perform the Duties of their Respective Offices, as they 
would have incurred in Case of such Refusal, if chosen 
by the Inhabitants of their several and respective Planta- 
tions. 

Whereas in many Instances it may be difficult for the 
Courts of General Sessions of the Peace to come to the 
Knoivledge of any Neglect in the Choice- of Plantation 
Officers, unless some special Provision is made for that 
Purpose : Therefore , 

Be it further enacted, That whenever the Treasurer of 
this Commonwealth shall, in pursuance of a Law thereof, 
. have issued his Warrant for assessing a Ta.K, directed to the 
Assessors of any Plantation, and shall have transmitted, 
or caused to be transmitted such Warrant to such Planta- 
tion ; if in such Case said Treasurer shall not within the 
Space of three Months after the Time specified in such 
Warrant for assessing such Tax, and transmitting a Cer- 
tificate thereof to him, receive such Certificate, then the 
said Treasurer shall forthwith certif}^ such Failure, Omis- 
sion or Neglect to the Court of General Sessions of the 
Peace for the County to which such Plantation belongs ; 
which Certificate from the said Treasurer shall be taken 
and deemed as full and sufficient Evidence of the Neglect 
in such Plantation to choose the Plantation Officers afore- 
said ; unless the same shall be invalidated by other Testi- 
mony : And such Coui"t shall, as soon as may be, proceed 



1782. — Chapter 29. 79 

in the Appointment of a Clerk, Assessors and a Collector 
or Collectors for such Plantation ; and shall appoint some 
suitable Person, being a principal Inhabitant of such 
Plantation, to administer the necessary and usual Oaths 
to such Officers ; who is hereby empowered and directed 
to administer the same accordingly ; and shall be held and 
obliged to notify the Officers appointed by such Court, 
to appear before him within six Days at farthest from the 
Time of his receiving Notice of his Appointment, and 
Notice of the Appointment of such Officers. And if 
such Plantation Officers, or either of them, shall neo:lect piantatioD 

1 1 /-All T • ^ • ^ • J^ • ^ ' Onicers neg- 

to take the Oaths by Law required wathm the said six lecting to take 
Days, the Person appointed as aforesaid to administer the required by 
said Oaths, shall certify such Neglect to the next Court of ^*""- 
General Sessions of the Peace, to be held for such 
County ; who shall thereupon, by Appointment, fill up 
any Vacancy which may then remain. 

Be it further enacted, That if any Person appointed in Persons neg- 
pursuance of this Act to administer the Oaths to Plantation minisfer^the 
Officers, shall neglect the due Performance of any of the *-''"^'"'- 
Duties enjoined upon him by this Act, such Person shall 
forfeit the Sum of ten Pounds, for the Use of the County Penalty. 
to which he belongs, to be recovered in any Court proper 
to try the same. 

Be it further enacted. That when there shall be no 
Assessors in any Plantation, or when the maior Part of Assessors neg- 

%/ ' *f lectiDtc to CR.11 

such as may be chosen, shall unreasonably refuse or a Meeting. 
neglect to call a Meeting of the Inhabitants thereof for 
any legal Purpose ; or in Case of a Vacancy of a major 
Part of such Assessors by Death, Removal out of the 
Plantation, or otherwise, any Justice of the Peace in the Justices to 
County ift which such Plantation lies, is hereby author- '**"'' 
ised and empowered, upon the Application of Five of the 
Inhabitants of such Plantation, qualified according to 
Law to vote in Plantation Meetings, to issue his Warrant, 
directed to some principal Inhabitant of such Plantation, 
requiring him to warn a Meeting of the Inhabitants 
thereof; wdio is hereby empowered and required to 
execute such Warrant : And the Inhabitants of such Planta- luhai.itants to 
tion, being legally assembled in Consequence of such 
Warrant from a Justice of the Peace, at any Time of the 
Year, are hereby empowered to choose all the Officers 
which Phmtations not incorporated, are by Law author- 



80 



1782. — Chapter 29. 



Assessors to 
assess all Taxes 
not assessed 
before their 
appointment. 



Collectors to 
collect the 
same. 



Assessors to 
certify all 
Assessments to 
the Treasurer. 



County 
Treasurers to 
prosecute &c. 
Upon the 
Receipt of For- 
feitures — 



County Treas- 
uriT to receive 
the forfeiture 
and retain the 
Bame, until — 



ised to choose, in Case no such Officers are then existing 
in such Plantation, or fill up any Vacancy of such Officers ; 
any Law to the contrary notwithstanding. 

Be it further enacted. That the first Assessors which 
may hereafter be chosen or appointed and sworn in any 
Plantation, be, and hereby are empowered and required 
to assess all Taxes not assessed before their Appointment, 
which have been granted and ordered by the General 
Court to be assessed upon such Plantation, since the 
last Wednesday in May, Anno Domini, one Thousand 
seven Hundred and Eighty-one, and commit Lists thereof 
to the Collectors, who are hereby empowered and required 
to collect and pay in the same agreeable to such Warrants 
as they may receive for the Purpose : And such Assess- 
ors shall certify all such Assessments to the Treasurer of 
this Commonwealth, with the Names of the Collectors, 
and the Sum-Total committed to each of them respec- 
tively. 

Be it further enacted. That the Treasurers of the several 
Counties in this Commonwealth, be, and hereby are 
respectively empowered and directed to prosecute for, 
recover and receive any Forfeiture which may arise in 
Consequence of this Act, within their respective Counties : 
And when any County Treasurer shall have received any 
such Forfeiture, which by this Act is to l)e applied to the 
Use of this Commonwealth, he shall imniediatel}' pay the 
same to the Treasurer thereof: And when any County 
Treasurer shall receive any Forfeiture, which by Law is 
to be applied to the Benefit of any particular Plantation, 
he shall retain the same in the County Treasury, till it 
shall be made to appear, to the Satisfaction of the Court 
of General Sessions of the Peace for the County to which 
such Plantation belongs, that there are three Assessors 
and one Collector at least, then existing in such Planta- 
tion, who have accepted such Offices, and qualified them- 
selves for the due Execution thereof, according to Law, 
and then pay the same to the Assessors of such Plantation 
for the use thereof; any Law to the contrary notwith- 
standing. 

This Act to continue and be in Force till the first Day 
of Novemher, Anno Domini, one Thousand seven Hun- 
dred and Eighty-five, and no longer. 

Novemher 1, 1782. 



AN ACT FOR INDEMNIFYING ALL PERSONS EXCEPT SAMUEL 
ELF, CONCERNED IN THE LATE DISTURBANCES IN THE 



1782. — Chapter 30. 81 

178'^. — Chapter 30. 

[September Session, ch. 13.] 

7 „ „ OA«/j. 30 

COUNTY OF HAMPSHIRE. 

Whereas divers Persons misled hy Misrepresentations Preamble. 
eroneously judging of the Measures of Government, the 
N'ecessity of Taxes, and the Uxjyences of a long and 
calamitous War, have been guilfy of Disturbances, Riots 
and Disorders in that County: And whereas by their 
Petition and Representations, they manifest their sincere 
Regret for their p)ast Conduct in that Behalf, and a Dis- 
position to return to their Duty, submit to the Laws, and 
to support Government: And whereas Government con- 
sidering the Frailties of Men, feel a Willingness to 
exercise every Act of Humanity, Pardon and Moderation 
tojvards Men misguided by a few indigested Ideas of 
Liberty and Freedom, as Jar as it is consistent ivith the 
Happiness and Welfare of the Community: 

Therefore, Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authoritu of the same, That all Riots, Routs and unlawful ah Riots, &c. 

1 !• T--V' 1 T T-v- 1 • j_ 1 Since the tirst 

Assemblies, Disorders and Disturbances, committed. Day of January 
commanded, acted, done, or made within the said County coumyof 
of Hampshire, since the First Day of January last, and ^on«i- """ ^'''" 
before the Tenth Day of August last, and all Rescues and 
Breaches of the Peace, Assaults, Batteries, and Imprison- 
ments whatsoever, be and hereby are pardoned, released, 
indemniiied, discharged, and put into utter Oblivion ; and 
that all and every Person or VQYson%,exQe\)i Samuel Ely , except samuei 
acting, advising, or assisting, abetting and counselling the ^' 
same, be and hereby are pardoned, released, acquitted, 
indemnified and discharged from the same, and of and 
from all Judgments, Indictments, Convictions, Penalties 
and Forfeitures therefor, had or given, or that might 
accrue for the same ; and that all Indictments, Con- 
victions and Forfeitures therefor, are hereby declared null 
and void. 

And be it further enacted by the Authority aforesaid, 

J J • n r Persons 

That any Person indicted or presented, or in any Manner indicted, to 
prosecuted, or that shall or may be hereafter indicted, eraiissue rex- 
presented, or in any Manner prosecuted, except said E?y. 



82 1782. — Chapter 31. 

/Scwmel Ely, for any of tlie Otiences by this Act \yay- 
doned, may plead the General Issue, and give this Act in 
Evidence, which shall he sufficient to acquit him. 

November 4, 1782. 

1783. — Chapter 31. 

[September Session, eh. 14.] 

ChaV- 31 ^^ ^^^ ^^^ APPREHENDING AND SENDING FOR TRIAL PER- 
^ ' SONS CHARGED WITH HAVING COMMITTED CRIMES IN SOME 

OTHER STATES; AND TO AUTHORIZE THE OFFICERS OF JUS- 
TICE OF THE OTHER STATES TO CONTINUE THE EXECUTION 
OF THEIR PRECEPTS WITHIN THIS STATE, WHEN NECES.- 
SARY. 

Preamble. WJierecis it ivUl tend to maintain the Union and Har- 

mony of the United States of America that Persons stand- 
ing charged with the Commission of Crifnes in one of 
said /States, and escaping into another, should be appre- 
hended, secured and sent for Trial to the State wJiere the 
Charge arises. Therefore, 

Be it enacted by the Senate and Hou^^e of Representatives 
in General Court assembled, and by the Authority of the 

Persons charged Same, That when any Person shall stand charged with the 

Gather states*- Coiiimission of any Crime in any other of said States, 
and shall escape into this Commonwealth, it shall be law- 

justicesto f^i fQj. {jijy Justice of the Peace in any County where the 

grant Warrants ^^». ,, •ii-r-» 

to apprehend Oliender may be, upon Application made for that Pur- 
pose, to apprehend such Oliender by Warrant, and cause 
him to be brought before himself, or some other Justice 
of the Peace of the County for Examination ; and it shall 
l)e lawful for any Justice, upon such Examination (if he 
Justices author- shall thiuk propcr) to commit such Offender to Goal, or 
such Offenders scud him by Warrant to the Confines of the State where 
^'^' the Offence was conmiitted, if an adjoining one, and there 

deliver him to a proper Officer ; or if the Oftence was 
committed in a more distant State, to some Officer in an 
adjoining one, if there be au}^ empowered to receive, and 
convey him to such more distant State, in order for Trial. 
And when any Offender shall be apprehended in another 
State, and it may be necessary to carry him through this 
Commonwealth, in order to his being conveyed to the 
State where the Offence was committed, it shall be lawful 
for any Justice of the Peace in any County, when applied 
to, to order such Oflender to be so carried by Warrant; 



1782. — Chapter 31. 83 

and all VVarrants for ,sondini>; Oflcnders to the Coiiliiies of, wairantHto be 

,. . ,, J I 1 J 1 • / 1 II executed by the 

or tor carrying tlieni through tins Commonwealth as sheriffs oi their 
aforesaid, maybe directed to, and shall l)e executed by, ^^'i'"*'*^*- 
the Sheritfs or their Deputies, of the several Counties 
through which it may be necessary to send or carry the 
Otfender, or to any or either of the Constables of the 
several Towns in such Counties respectively : All which 
Officers shall l)e directed to proceed with such Offender 
or Offenders, to the Confines of the next adjoining 
County, and there deliver him or them to some proper 
Officer of such County ; which Process shall be repeated 
and continued until such Offender or Offenders shall have 
been carried through this Conmion wealth, and conveyed 
to the next adjoining State. 

And tvhereas the public lioads leading from many of the preamble. 
Towns in this Government and the Towns of the neigh- 
bouring Governments of New Hampshire, Connecticut, 
Rhode Island and New York, are so intermixed, that the 
Officers of Justice of the said iieighbouring Governments, 
in the Execution of their Office, are oftimes obliged 
{the Road or direct Way so leading) to pass, arid even to 
convey Prisoners through Towns or Lands belonging to 
this Government, and without the Jurisdiction of such 
Officer of Justice, whereby Disjndes, Difficidties, or Incon- 
veniences 2cill arise as icell to the Prejudice of the Public, 
as to the Damage of private Persons, unless some Provision 
is made in that Behalf: 

Be it therefore enacted. That the Sheriffs, Deputy officers of jus- 
Sheriffs, Constables, or other Officers of Justice, of the nefshbouring 
neiijhbourino- Governments, with their Assistants, in the Governments 

-n "" • c -ITT • ' TTT -i~« "^ ^^^ Execu- 

Jhvxecution or any Writs, Warrants, or other Process, tion of any 
issuing from, and returnable to, Courts in their respective have Liberty to 
Governments, may and shall have full Liberty, Power ^"'''*°'"'*^p"'*- 
and Authority, to pass and repass, and also to convey 
such Persons, or Things, as they may have in their Cus- 
tody, by Virtue of any Writ or Warrant as aforesaid, in 
or by any of the Roads or Ways lying in or leading 
through any Towns or Lands of this Government, in as 
full, free, and ample Manner as the Officers of Justice of 
this Government do use and exercise in the Discharge of 
their Duty and Office : And all Persons insulting or 
obstructinoc such Officers of Justice of the neighbouring 
Governments, in such Execution of their Office, as they 
are passing through an}?^ of the Roads or Lands of this 



84 1782. — Chapter 32. 

Government, shall be subject to the same Pains and 
Penalties as Persons would by Law ))e subject unto for 
insulting or obstructing similar Officers of Justice of this 
Government, in the due Execution of their Office. 

November 7, 1782. 

1782. — Chapter 33. 

[September Session, ch. 15.] 

Chan 32 ^^ ^^"^ ^^ addition to an act, entitled, " an act in addi- 

^' TION to an act, entitled, "AN ACT FOR PREVENTING ALL 

COMMERCE AND ILLEGAL CORRESPONDENCE WITH THE 
ENEMIES OF THE UNITED STATES OF AMERICA." 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assembled, and hy the Authority oj 
Act repealed, the sttme, That so much of the two first enacting Para- 
graphs of the said Act, entitled, " An Act in Addition to 
an Act, intitled, "An Act for preventing uH Commerce 
and illegal Correspondence with the Enemies of the 
Goods seized United States of America," as provides that all Goods, 
the'^Acrto'il Wares and Merchandize, captured or seized, together with 
forfeited. ^j^^ Vcsscls, shall bc forfeited to the Use of the Person 

or Persons capturing or seizing the same, be and hereby 
are repealed ; and that from and after the passing this 
Act, all Goods, Wares and Merchandize,' seized and cap- 
tured and forfeited for being illegally imported contrary 
How appropri- to Said Acts, sliall bc forfeited; the one Moiety to the 
*'®''' Use of the Commonwealth, and the other Moiety to the 

Use of the Captor or Seizor as aforesaid. 

JBe it further enacted by the Authority aforesaid, That 
All Goods, &c. all Goods, Wares and Merchandize, of the Produce, 
Grow'th.ami Growtli , or Manufacture of Great Britain, or of any 
Gfe"al^Brkaru °^ Couutry or Territory under their Dominion, or thereon 
to be seized and depending, or that have been carried thither and there 

condemned. i • 

purchased, which shall be brought into this Common- 
wealth, by Land or by Water, after the passing this Act, 
shall ])e lial)le to be seized and condemned, and forfeited. 
How appropri- ouc Moicty thereof to the Use of the Commonwealth, 
^^^'^' and the other Moiety to the Use of the Captor or Seizor ; 

Excepting- exccpt sucli Goods, Wares and Merchandize, as have 
been, or shall be bona fide t'^ken as Prize from the Enemy, 
and brought into this State for Condemnation, or which 
may have been bona fide condemned as taken from the 
Enemy, in any of the United States of America. Pro- 



1782. — Chapter 32. . 85 

vi'led never/ heless, that when any Vessel shall be cleared Proviso. 
out from any Place or Port of any Nation at War with 
Great Britain, and in Amity with the United States of 
America, the Naval Officer of the Port, and the Collector 
of Excise of the County in which said Vessel shall be 
entered, their respective Deputies, or either of them, 
shall have the sole and exclusive Rio^ht of seizins^ and 
libelling such Vessels and their Cargoes ; and the Expence 
of all Processes commenced by them, or either of them, • 
by Virtue of this Act, shall be defrayed by Government ; 
and the Libellant or Libellants shall be entitled to receiv^e 
one Eighth Part of all Vessels, Goods, Wares, or Mer- 
chandize, which shall be condemned and adjudged to be 
forfeited in Consequence of such Seizure by them made 
as aforesaid, and the Remainder to Government. 

Be it further enacted by the Authority aforesaid. That 
when any Person shall lodge Information of a Breach of Persons to lodge 
this Act with the Naval Officer of the Port, or the Col- with the Navai 
lector of Excise in the County, their respective Deputies, ^*'^'^®'"' 
or either of them, the Officer to whom such Information 
is made, shall give a Certificate thereof to the Person so 
informing of his said Information, expressing the Day and 
Time of Day when the same was made ; and if in Conse- 
quence of such Information, any Seizure is made, and 
Forfeiture incurred, the Person so first informing, shall 
be entitled to the one half of the Eighth Part of all such 
Forfeitures heretofore in this Act allowed to the Libellant 
or Libellants, and the Libellant or Libellants entitled to 
the other Half. 

Be it further enacted hy the Authority aforesaid. That 
every Naval Officer, Collector of Excise, their Deputies, 
and each of them, shall take the following Oath : 

/, A. B. do solemnly sivear, that in the Office of Form of the 

to v.'hich lam appointed, I will mahe due Inquiry couectoi^s^of^' 
into the Foundation of all Informations against Breaches J^g^r^^'eputies 
of all Acts which are or maybe in Force in this Common- oath. 
ivealth, to prevent all Commerce or illegal Correspondence 
w'ith the Enemies of the United States of America, and 
that I will use the utmost Care to obtain Iiiforma'ion of 
any such Breaches: I also do swear, that I ivill prof^ecute 
all such Breaches of the said Acts, tvhich b'/ any Meanx . 
may come to my Knowledge. So help me GOD. 

Provided also. That when any Vessel shall arrive in any proviso. 
Port within this Commonwealth, from any Port or Place 



86 



1782. — Chaptee 32. 



Upon seizure 
of British Goods 
illegally 
imported. 



To be convejed 
to the Justice or 
Sheriff of the 
same County. 



The Justice or 
Sheriff to cause 
Goods to be 
safely kept. 



Preamble. 



Persons apply- 
ing for a War- 
rant to make 
Oath in Case of 
Suspicion. 



within the Territory of any Nation at War with Great 
Britain^ and in Amity with the United States of America^ 
the Master or Commander of such Vessel producing a 
true Manifest, under Oath, of the Cargo Laden on board 
such Vessel, at any such Port or Place, the same shall be 
received as full and plenary Evidence of the Legality of 
such Importation, if the same Manifest be also accom- 
panied by Certiticates from proper Officers of the State at 
War with Great Britain, and in Amity with the said 
United States, from which such Vessel may come, that the 
Goods so l)rought are either of the Growth, Manufacture 
or Produce of such State, or have been thereinto legally 
imported. 

A.nd be it further enacted. That when such British 
Goods, or any Goods, Wares or Merchandize, shall be seized 
by any Person for having been illegally imported on the 
Land within this Commonwealth, or on lioard any Vessel in 
any Port, Harbour or Creek, the same shall be convej^ed, as 
soon as may be, to some Justice of the Peace for the same 
County, or to the Sheriff of the same County where the Seiz- 
ure was made, who shall take Possession of the same, and 
shall make out a particular Inventory of them, with sufficient 
Description and subscribe the same, and furnish the 
Party seizing and the Party claiming, with a true Copy 
thereof, if desired ; and the said Justice or Sheriff shall 
cause the Goods to be safely kept, at the reasonable 
Expence of the Party seizing the same, and shall have 
them ready to answer any Decree or Order of the Judge 
of the Maritime Court before whom they shall be libelled, 
and the said reasonable Expence to be approved and allowed 
by the said Judge. 

And in order to render the Discovery and Seizure of 
British Goods as aforesaid, and of all other Goods, 
Wares and Merchandize, illegally imported, more safe and 
easy : 

Be it further enacted. That if any Person or Persons 
shall apply to a Justice of the Peace for a Warrant to 
search for British Goods, or Goods, Wares and INIerchan- 
dize, illegally imported as aforesaid, and shall make 
Oath that he suspects and really believes that such British 
Goods, or Goods, Wares and Merchandize, illegally 
imported, are deposited or concealed in the Dwelling 
House, Out House, Barn, Stable, Store, Vessel, or in any 
other Place or Building whatsoever, belomjino: to or 
occupied by any Person whatsoever, the said Justice 



1782. — Chapter 32. 87 

shall forthwith issue his Warrant, directed to the Sheriff 
or his Deputy, requirinii' him to make diligent Search in 
such suspected Place or Places, to be mentioned in such 
Warrant, for such British Goods, and for Goods, Wares 
and ^Merchandize illegally imported : And if Admittance 
be refused or cannot be obtained, to break oi)en the Doors To break open 
of such House, Apartment in a House, Out House, Barn, ^°°"- 
Stable, Store, or Vessel, for the Purpose of making any 
such Search ; and that if he shall, upon such Search, find 
any such BriiisJt Goods, or Goods, Wares or Merchan- 
dize, suspected to be illegally imported, and challenged 
and seized as such by the Person in whose Behalf the said 
AVarrant is granted, he shall, before the Removal of such 
Goods, in the Presence of two reputable Persons, make 
and sul)scril)e Avith his Name, a just Inventory of all the 
Goods so seized, with sutficient Descriptions of the same, 
and shall deliver the Inventory to the Possessor of the 
House, Out House, Barn, Stable, Store, or Vessel, where 
the same Goods were found and seized, and shall deliver an 
attested Copy of the same to the Person seizing the same ; 
and shall cause the same Goods and Merchandize to be deliv- 
ered to the Sheriff, or some Justice of the Peace of the same 
County, to be safely kept, and to have them ready to answer 
any Decree of the Judge of the ^Maritime Court before whom 
the same shall be libelled ; that the Sheriff or his Deputy 
shall execute such Warrant, in the Day Time only, and shall 
take to his Assistance two reputable Freeholders of the 
Town or County, and with them only, unless he meet with 
Opi)osition execute the said Warrant. 

And he it further enacted, That any Person having, in Persons suppos- 
his Judgment, good Reason to suppose that any British lufiv^^y*^^ ''*^'' 
Goods, or Goods, Wares and Merchandize, seized and seized — 
lodged with any Justice of the Peace, or Sheriff aforesaid, 
were collusively seized, either by the illegal Importer 
himself, or by any other Person, with an Intention to 
prevent their being lost in Whole or in Part from the illegal 
Importer or Claimer of the same, such Person may seize such Persons 
the same Goods in the Hands of the said Justice or Lize the same. 
Sheriff, by notifying the said Justice or Sheriff in Writ- 
ing under his Hand of his Allegation, that the said first 
Seizure was collusive, and of his Intentions to libel them 
as seized by himself, for illegal Importation ; and the 
Justice or Sheriff shall thereu|)on deliver any Person thus 
seizing on Suspicion of Collusion, an attested Copy of 



8S 1882. — Chapter 32. 

the Inventory of the same Goods and Merchandize as 
aforesaid, and shall keep the same sui'ject to the Decree 
of the Judge of the Maritime Court before whom the same 
shall be libelled on such libel. 

And be it furtltev enacted by the Authority aforesaid, 

?rt''seize7to "T^^'^^ ^^ ^"y Person shall seize any British Goods, or any 

be delivered to a Goods, Wares or jNIerchandize, as having been or intended 
to be illegally imported, and shall not s[)eedily deliver 
the same to a Justice of the Peace, or to the ISheritf, as 

wlrrants? **^"^ beforc eujoiued, any Justice of the Peace may issue his 
Warrant, directed to the Sheriff or Deputy Sheriff of 
such County, to make Search for and seize such Goods, 
Wares and Merchandize, and .cause them to be safely 
kept by the Justice of the Peace, or Sheriff' or his Dep- 
uty, as is before directed : And any Person may require 
the same Seizor to deliver such Goods according to Law 
as aforesaid ; and if he shall refuse or neglect for the 
Space of twelve Hours after such Notice and Requisition, 
then such Person may libel the same Goods, Wares and 
Merchandize, in their own Name as seized by the said 
Person to their Use ; and upon Judgment of Court that 
the same Goods and Merchandize are forfeited, they shall 
be forfeited one jNIoicty to the Use of the Commonwealth, 
and the other Moiety to the Use of the said Person or 
Persons thus libelling. 

And be it further enacted by the Authority aforesaid, 

Where Causes ^hat whenever in any Cause to be tried on any Libel of 

are to be tried ^ atit • •? 

on aDy Libel, any Goods, Warcs or Aierchandize, as he\ng British, or 
illegally imported as aforesaid. Judgment shall be given 
for the Claimant, the same Goods or Merchandize shall 
be restored, and the Libellant shall pay all Fees, Costs, 
and other incidental and necessary Charges attending the 
seizing and safe keeping the same. And if upon such 
Trial it shall appear that the same Goods, Wares or Mer- 
chandize were unreasonably seized and detained, and 
without probable Cause therefor, or that the Dwelling 
House, Out House, Apartment in a House, Barn, Stable, 
Stoie, Vessel, or. any other Building or Vessel whatso- 
ever, were unreasonably broken open, and without prob- 
able Cause therefor, it shall and may he lawful for the 
Jur}^ at the Time of such Determination, to assess a rea- 
sonable Sum in Damages for the Person supporting their 
Claim of Property in the Goods, Wares or Merchandize, 
so acquitted, or in the Dwelling House, Apartment, Out 



1782. — Chapter 32. 89 

House, Barn, StaV)le, Store, Vessel, or any other Build- 
ins: or Vessel whatsoever, so broken open, against the 
Person who seized the same, or at whose Request the 
Dwelling House, Out House, Apartment in a House, 
Barn, Stable, Store, Vessel, or any other Building or 
^'essel whatsoever, was broken open. 

And he it further enacted by the Authority aforesaid^ 
That all Goods seized and forfeited as illeo"ally imported Goods forfeited 

• . to b8 sold 2X 

into this State, shall be sold by Public Auction, by some Public Auction. 
Auctioneer, who shall have been before such Seizure legally 
licenced to sell Goods at Vendue ; and in Case there shall ^"d in case. 
be no Auctioneer licenced as aforesaid, then the said 
Goods shall be sold by Pul)lic Vendue by the Sheriff of 
the County where they shall have been condemned. 

And iclterean an Intercourse with the Posts of the Enemy Preamble. 
on the Continent o/ America, or the Islands near said Con- 
tinent, li'Jietlier for illicit Trade or for any other Purpose, 
is most dangerous and Wicked: 

Be it enacted by the Authority aforesaid. That any Per- 
son, an Inhabitant of this State, voluntarily passing from Persons passing 
this or an}' of the United States of America, to any Post ^thou^i!e™ve 
or Place within the Continent of America in Possession ^fthou^p^r™ 
of the Enemy, without LeaA^e obtained from the Legisla- mission, 
ture of this State, or the Supreme Executive in the Recess 
of the General Court, such Person shall not afterwards be 
permitted to return again to this State, without Leave 
first obtained therefor from the Legislature, and shall for- 
feit all his Estate to the Use of the Commonwealth : nor 
shall any Person, being an Inhabitant of this State, going 
in like ^Manner into any other Post or Place in Possession 
of th(^ Enemy, return again to this State, without Leave 
first obtained from the Legislature ; and if any Person 
who is prohibited returning as aforesaid, shall presume to 
come into this Commonwealth without Leave obtained as 
aforesaid, he shall, on Complaint, be immediateh' taken Persons sore- 
up and committed to Goal for Trial ; and on Conviction committed.^ 
before the Supreme Judicial Court of having voluntarily 
gone into any Post or Place in Possession of the Enemy, 
he shall be considered as an Enemy, so far as to be sent 
back into their Territories, from whence, if he shall again 
return, he shall be sentenced, during the War to do Duty sentence upon 
at the Castle, in the Harbour of Boston, or on board some 
Ship of War in the Service of this State, or of the United 
States, or be imprisoned for the same Space of Time. 



90 



1782. — Chapter 32. 



Claimants 
Trading with 
the Enemy — 



To be recog- 
nized. 



Persons con- 
victed — 



Xo Registers to 
be delivered — 
TTnless 



Persons offering 
a raise Certifi- 
cate — 
Penalty. 



Persons supply- 
ing the Enemy. 



And be it further enacted b// the Authorit// aforesaid. 
That if it shall appear to the Satistaction of the Judge at 
the Trial, of anv Lil)el tiled for the illicit Importation of 
Goods that the Claimant or any other Person in Court, 
has been concerned directly or indirectly, in sending any 
Money or Goods to any Post or Place in Possession of the 
Enemy on this Continent, or any Island adjacent thereto, 
or importing any Goods, Wares or ^lerchandize, from 
such Post or Place, the said Judge is hereby authorised 
and directed to cause such Person immediately to recog- 
nize before him for his Appearance at the Supreme Judi- 
cial Court, if such Person is then before the said Judge, 
otherwise the said Judge shall give Notice thereof to the 
Attorney General ; and every Person convicted of any of 
the Olfences aforesaid, shall, in Addition to the other Pen- 
alties already provided for such Offences, be fined at the 
Discretion of the Coui-t, not exceeding One Thousand 
Pounds, or be imprisoned not exceeding one Year. 

And be it further enacted bj the Authority aforesaid. 
That no Register for any Vessel shall be delivered, or 
Clearance made, unless at the Time of taking out such 
Register, the Person who takes out the same shall produce 
a Certiticate from the Person who is l^uilding, or from whom 
such Vessel is purchased that such Vessel is bona fide in some 
Port or Harbour which said Certificate specifies ; and in Case 
of a Clearance, a like Certificate shall be produced under 
the Hand of some one of the Selectmen of the Town where 
said Vessel is said to be, unless the same is within the 
Knowledge of the Xaval Oflicer himself; and any Person 
making or oft'ering a false Certificate, shall forfeit the Sum 
of Five Hundred Pounds, to be recovered by any Xaval- 
Officer within this State, three-fourths thereof to the Use of 
the State, and one-fourth to the Use of such Xaval Officer, 
and the Costs of Prosecution shall be borne by the State, 

And ichereas some Persons are so lost to Virtue, and 
regardless of the Safety of their Country, as to supply the 
Enemy irith Provisions for their Support: 

Be it enacted by the Authority aforei<aid. That if any 
Person or Persons shall, directly or indirectly, supply the 
Enemy at any of their Posts on this Continent or Islands 
adjacent, with any Kind of Provision whatever, or shall 
convey the same to any Place within or without liiis 
State, with Intent that the same shall be transported to, 
or used bv the Enemv. everv Person or I'ei'sons so oft'end- 



1782. — Chapter 33. 91 

ing, and being duly convicted thereof before the Supreme 
Judicial Court, shall be banished from this Commonwealth 
forever, and shall forfeit all his or their Estates, real and 
personal, to the Use of this Government : and if any Per- on condition, 
son so banished, shall return within this Commonwealth, ^° *°^ ^* 
without Leave first had and obtained, he shall, on Con- 
viction thereof, suflfer Imprisonment for the Space of five 
Years, and be kept to hard Labor, or kept on board some 
Vessel in the Service of this or the L^nited States, or in 
some Fort or Garrison within this State, at the Discretion 
of the said Court. Xocemher 5, 1 782. 

1782. — Chapter 33. 

[September Session, ch. 16.] 

AN ACT FOR REPEALING AN ACT, ENTITLED, "AN ACT LAYING (7^/730 QQ 
CERTAIN DUTIES OF EXCISE ON CERTAIN ARTICLES THEREIN "' 

MENTIONED. FOR THE PURPOSE OF PAYING THE INTEREST ON 
GOVERNMENT SECURITIES : • AND FOR REPEALING ANOTHER 
ACT, ENTITLED, 'AN ACT IN ADDITION UNTO, AND FOR 
AMENDING AND EXPLAINING THE ACT MADE IN THE YEAR 
ONE THOUSAND SEVEN HUNDRED AND EIGHTY-ONE. LAYING 
CERTAIN DUTIES OF EXCISE ON CERTAIN ARTICLES THEREIN 
MENTIONED. FOR THE PURPOSES OF PAYING THE INTEREST 
ON GOVERNMENT SECURITIES: • AND FOR REPEALING ONE 
OTHER ACT, ENTITLED, -AN ACT MAKING PROVISION FOR 
GIVING PERMITS TO THE DISTILLERS AND THE IMPORTERS 
OF THOSE ARTICLES WHICH ARE SUBJECT TO AN EXCISE 
DUTY;" ALSO FOR REPEALING ONE OTHER ACT, ENTITLED, 
'• AN ACT IN ADDITION UNTO AN ACT, ENTITLED. " AN ACT 
FOR LAYING CERTAIN DUTIES OF EXCISE ON CERTAIN ARTI- 
CLES THEREIN MENTIONED, FOR THE PURPOSE OF PAYING 
THE INTEREST ON GOVERNMENT SECURITIES;"' AND FOR 
ALTERING ANOTHER ACT, ENTITLED, "AN ACT IN ADDITION 
UNTO AND FOR AMENDING AND EXPLAINING THE ACT MADE 
IN THE YEAR ONE THOUSAND SEVEN HUNDRED AND EIGHTY- 
ONE, LAYING CERTAIN DUTIES OF EXCISE ON CERTAIN ARTI- 
CLES THERELN MENTIONED, FOR THE PURPOSE OF PAYING 
THE INTEREST ON GOVERNMENT SECURITIES. AND FOR RAIS- 
ING A REVENUE BY EXCISE ON CERTAIN ARTICLES THEREIN 
MENTIONED, FOR THE PAYMENT OF INTEREST ON GOVERN- 
MENT CONSOLIDATED SECURITIES, AND INTEREST ON THE 
NOTES ISSUED TO THE OFFICERS AND SOLDIERS OF THE MAS- 
SACHUSETTS LINE OF THE ARMY, FOR THE RESPECTIVE 
BALANCES DUE TO THEM FOR THEIR SERVICES IN THE 
YEAR ONE THOUSAND SEVEN HUNDRED AND EIGHTY." 

Be it enacted by the Sf-nate and House of Hejjresentatives 
in General Court assembled, and by the Authority of the 



92 1782. — Chapter 33. 

Acts laying same, That the several Acts above mentioned, be, and 

Duties of ' . 

Excise repealed, they hereby are repealed and made null and void. 

Preamble. W/ieveas it is the Interest and the Duty of every Gov- 

ernment to devise Means by which punctually to pay the 
Interest on their Securities in order to establish the Value 
thereof, to secure the public Credit, and to do Justice to the 
individual Possessor. And whereas it is necessary in 
order to answer so salutary a Purj)Ose, that other Means 
than the common and ordinary Mode of Taxation should 
be adopted: 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same, That from and after the tenth Day 
of December next, there shall be paid on the following 
Articles, the Duty or Excise to them respectively herein 
affixed, viz. 

Certain Articles Yov cvcrv Gallon of Wine One Shillinc/ ; for every 

to pay a Duty ... f /^ 

after the tenth Gallon of forei«n Brandy, not above common Proof, One 

December next ^yi -n • i "" i -r» r- • -w^ i • /• 

Shuitng, and above Proot in Jrroportion ; tor every 
Gallon of Geneva, Otie Shilling; for every Gallon of 
West India Rum, not above common Proof, One Shilling, 
and above Proof in Proportion ; for every Gallon of 
New England Rum, not above common Proof, Six Pence, 
and above Proof in Proportion : for every Gallon of 
other distilled Spirits, not above common Proof, Six 
Pence, and above Proof in Proportion ; for eveiy Pound 
of imported Tobacco, Tivo Pence; for every Pound of 
imported Snuif, Six Pence; for every Pound of Bohea 
Tea, One Shilling ; for every Pound of other India Tea, 
Two Shillings; for every Pound of Coffee, Two Pence; 
for every Pound of Cocoa, Two Pence; for every Pound 
of imported Chocolate, Four Pence; for every Pound of 
Loaf Sugar, brought into this State by Land or by 
Water, Five Pence; for every Pound of Loaf Sugar man- 
ufactured within this State, One Penny ; for every Pound 
of Snuff manufactured within this State, Three Pence; 
for every Pound of brown Sugar, One Penny ; for every 
Barrel of Cyder and Perry, Four Pence; for every Pound 
of Bar Iron, Haifa Penny ; for every Pound of imported 
Steel, One Penny; for every Foot of imported Window 
Glass, Two Pence; for every Ounce of wrought Silver, 
Six Pence; for every Ounce of wrought Gold, Sf'ven 
Shillings and Six Pence; for eveiy Coach, Five Pounds; 
for every Chariot, Five Pounds; for every Phaeton Three 



1782. — Chapter 33. 93 

Pounds; for e^ery four wheel Chaise, Three Pounds; 
for every fall back Chaise, Fijteen K^hillmr/s ; for every 
other Chaise, Ten iShininc/s; for every Sulkey and other 
riding Chair, ])J'ine jShillings : for every Clock made within 
this State, Six Shillings; for every Clock brought into 
this State by Land or Water, Twelve Shillings; every 
Gold Watch made within this State, Six Shillings; for 
every Gold Watch brought into this State by Land or 
Water, Twelve Shillings; every other Watch made within 
this State, Three Shillings; for every other Watch 
brought into this State by Land or Water, Six Shillings; 
and for all wrought Iron and Steel Ware, wrought Silks, 
Muslin, Lawns, Gauzes, Cambricks, and all Beaver, 
Castor and Felt Hats, of Foreign Manufacture, Jewellry, 
Looking Glasses, Glass and China Ware, Earthen and 
Stone Ware, Painters Oil and Colours, Oranges, Lemons, 
Limes, and dried Fruit, imported into this State, shall 
pay Five j^er Centiwi on the Value of said Articles at the 
Time and Place of Landing ; and for all wrought Silver 
imported. Eight Pence per every Ounce ; and for all 
wrought Gold, Ten Shillings iov every Ounce. 

Pe it enacted by the Authority aforesaid, That from and 
after the said tenth Day of December next, no imported or no imported or 
Prize Articles or Goods whatever, shall be landed out of beTaDdwTwHh- 
any Vessel or Float, or transported from any one Vessel f rom'' ^-ava" 
or Float to another, in any Port, Harbour, Creek, or Inlet omcera. 
within this State, whether the same shall come from any 
foreign or neighbouring Port, Harbour, Creek, or Inlet, 
without a Permit therefor in Writing being first had from 
the Naval-OfEcer of the Port, Har1)our, Creek, or Inlet, 
into which such Vessel or Float shall come, or in Case of i" case, 
no Naval^ Officer of such Port, Harbour, Creek or Inlet, 
then from the Collector of Excise of the County, or his 
Deputy ; and where there shall be no Naval Officer, Col- 
lector, or his Deputy, then from the Town Clerk or one 
of the Selectmen of the Town in which such Port, Har- 
bour, Creek or Inlet is, on Penalty of Forfeiture of both 
Vessel or Float and Cargo, with all their Appurtenances. 

Provided, nevertheless, If any Sailor or Officer, (except Pioviso. 
the Master) belonging to any Vessel or Float, or any 
Passenger on board, shall land any Goods of their own 
private Property, w^ithout the Knowledge of the Master 
or Owner of said Vessel or Float before said Permit is 
obtained : in such Case the Vessel or Float and Cargo 



94 



1782. — Chapter 33. 



The Value of 
dutied Articles 
to be estimated 
by the Col- 
lector; and the 
Owner or Con- 
signee — or in 
Case. 



shall not be forfeited, ])ut the Goods only so landed. 
And if any Vessel and Cargo shall be forfeited by a Vio- 
lation of this Act, any Owner or Consignee of Goods 
freighted on board said Vessel, except the Master and 
Owner of said Vessel, proving his Property by original 
Invoices and Bill of Lading, and paying the Duty thereon, 
shall have such (ioods exein|)ted from Forfeiture; any 
Thing herein to the contrary notwithstanding. And no 
such Permit for landing or transporting as aforesaid, shall 
be given by any Naval Officer, Town Clerk or Selectman, 
until the Master of the Vessel or Float shall have lodged 
with him a Manifest on Oath, containing all the Goods 
which were on board when he arrived in Port, and the 
particular Packages, Bales, Casks, Chests, Trunks, Cases 
or Boxes, with the Marks and Numbers thereof, and the 
Contents, if known to him; and also the Names of the 
Owners of said Goods, or the Persons to whom the same 
are consigned, if known to him; nor until such jNlaster, 
Owner, or Consignee shall bring a Certificate from under 
the Hand of the Collector of Excise of the County into 
which such Vessel or Float shall come, or his Deputy, 
specifying that said Master, Owner or Consignee, has 
lodged with him under Oath, an Invoice of all the dutied 
Articles contained in those identical Packages, Bales, 
Casks, Chests, Trunks, Cases or Boxes for which he wants 
a Permit for landing or transporting as aforesaid ; and 
that he, she or they have given. Bond with Surety, to })ay 
the Duty thereon, one Moiety thereof in three Months, 
and the other Moiety thereof in six Months ; and on i)ro- 
ducing such Certificate, the Naval Officer shall give the 
necessary Permit for landing or transporting the same as 
aforesaid, and not otherwise : And in Case of no Naval- 
Officer, the Collector or his Deputy shall give the Permit, 
after receiving the Bond as aforesaid. 

A.nd be it enacted by the Antliority aforesaid, That the 
Value of those Articles on which a Duty on Importation 
is to be raised, shall be estimated by the Collector or his 
Deputy, and the Owner or Consignee, and Security taken 
by the Collector, or his Deputy, in the Name of the Col- 
lector, for the Amount of the Duty, agreeable to such 
Estimate, payable, one Moiety thereof in three, and the 
other in six Months from the Date thereof: Or in Case the 
Collector or his Deputy, and the Ow^ner or Consignee can- 
not agree as to the Value of such Goods, then they shall 



1782. — Chapter 83. 95 

chuse tAvo or three disinterested Persons, of good Char- Persons estimat- 
acter, who arei. acquainted with the Value of such Goods, of^ooodsto"^ 
to estimate the same; and in Case the Parties, or either declare on Oath. 
of them, shall neglect or refuse to chuse as aforesaid, or 
the Person or Persons chosen, shall not determine the 
Value of said Goods, within twenty Days after the Arrival 
of the same, then, and in every such Case, the Selectmen, 
or a major Part of them, of the Town into which su(;h 
Goods may be imported, shall, on Application from the 
Collector or his Deputy, appoint three disinterested Per- 
sons, of good Character, to estimate the same : And in all 
Cases, the Persons estimating the Value of Goods, for 
the Purpose of ascertaining the Duty of Five per Centum, 
according to this Act, shall, previous to their entering on 
such Estimation, declare on Oath, that they will faith- 
fully perform the same, according to their best Skill and 
Judgment, without Favor or Partiality ; and the Amount 
of such Estimation being certified under the Plands of 
two of the Persons so chosen, shall be the Sum on which 
to raise the Duty o^ Five per Centum. And in Case any laCase. 
of the dutied Articles on which the Duties have been paid, 
or Security given for the Payment thereof, shall be trans- 
ported to any other Port within this State, the Owner or 
Consignee shall have a Eight to di mand of the Collector 
or his Deputy to whom the Duties on such Goods were 
paid, or Security given for Payment, a Certificate of such 
Security or Payment l^eing made, which shall entitle said 
Owner or Consignee, to a Permit to land the same, from 
the Xaval Officer of the Port into which such Goods 
shall come without any other Manifest or Certificate ; and 
in all such Cases, the Owner or Consignee shall make 
Oath before the Collector or his Deputy, that the Goods so 
to be transported, are the identical Goods for which such 
Security has been given, or Payment made. 

And he it enacted by the AutJi.ority aforesaid, That 
from and after the said tenth Day of Decf-mher, no dutied ^°,[^Jf^'g®f^j 
Articles or Goods, that shall be imported into this State ported to be 
by Land, shall be carried out of the Town into which they towu uit'hout a 
shall be first so imported, or sold, or consumed in said ^'''■™"- 
Town, without a Permit being first had in Writing from 
the Collector of the County or his Deputy, or from the 
Town Clerk of the Town, or one of the Selectmen thereof, 
into which they are first so imported, on Penalty of For- penalty. 
feiture of all such Goods, and a Fine equal to the Value 



96 1782. — Chapter 33. 

Permits not to thereof: And no Collector, Deputy, Town Clerk, or 
Selectman, shall give any such Permit, until the Con- 
ductor of such Goods, on his first Arrival by Land into 
this State, shall have given to such Collector, Deputy, 
Town Clerk, or Selectman, a Manifest, under Oath, of all 
the Packages, Bales, Casks, Chests, Trunks, Cases, or 
Boxes in his or their Care or Possession, and the Name 
of the Owner or Consignee thereof; nor until the said 
Conductor, Owner or Consignee shall give an Invoice, 
under Oath, of all the dutied Articles contained in those 
identical Packages, Bales, Casks, Chests, Trunks, Cases, or 
Boxes, and Bond with Surety to pay the Duty thereon ; 
one Moiety thereof in three, and the other in six Months 

Proviso. from the Date thereof. Provided nevertheless, That when 

any Goods shall have been seized on Account of the Con- 
ductor thereof having neglected to give in a Manifest of 
the Packages containing such Goods, on his first Arrival 
into this State by Land, or to give Security for the Pay- 
ment of the Duties onalldutied Articles therein contained, 
as is hereinbefore required, if such Conductor shall declare 
on Oath that he knew nothing of this Act, and shall 
readily, when required, give in such Manifest and Security 
for the Payment of the Duties on all the dutied Articles 
which may be found in those Packages, that then, and 
in every such Case, the Goods so seized shall not be 
subject to Forfeiture, but they shall be again restored to 
such Conductor, and he be permitted to depart therewith ; 
and the Value of those Articles so imported, on which a 
Duty of Pive per Oentum is to be raised, shall be esti- 
mated by the said Collector, Deputy, Town Clerk, or 
Selectman giving such Permit ; and the Conductor, 
Owner, or Consignee, or by Persons chosen in the same 
Way and Manner as is pointed out in this Act for the 
Estimation of such Goods imported by Water, and Bonds 
taken with Surety in Behalf of the Collector for the Pay- 
ment of the Duty, one Moiety thereof in three and the 
other in six Months from the Date thereof: And any 
Town Clerk or Selectman is hereby empowered and 
directed to do the Duty herein assigned him, on Applica- 
tion to him made for that Purpose, and the Collector of 
the County shall pay him for his Services. 

And be it enacted by tlie Authority aforesaid, That 

Importers, &c. evcry Importer, Consignee, Innholder, or Retailer, shall, 

Accountof au ^u the Said tenth Da}^ of December next, take a true and 



1782. — Chapter 33. , 97 

fair Account in Writinij, of the Number of Gallons of ''"'jf'' ^'t'cies 

1 !• 1 1 • 1 X • 1 1111 °" Hat'il oti the 

each ana every oi the clutiecl Liquors they shall have then temh December 
on Hand, and a like Account of the Number of Pounds of exhibfuhe'^ame 
Bohea Tea, and othav India Teas then on Hand, and shall ^° '^« ^^"'i^ctor. 
exhibit said Accounts under Oath, to the Collector, or his 
Deputy, within twenty Days after the said tenth Day of 
December next, and give Bond with Surety for the Payment 
of the Duties thereon, agreeable to this Act; and every 
Importer and Consignee is herel)y prohibited from selling importers, &c. 

d/.» *" /» 'IT*' rr\ j'l j1 ' piohibitefl 8ell- 

isposing or any ot said l^iquors or leas, until tliey jnt; Liquors or 

have rendered an Account, and given Bond as aforesaid, on ^^''^ umii- 
Pain of forfeiting the Value of the Article or Articles so 
sold or disposed of, and a Fine equal to the Value of the 
same ; any Licence or Permit heretofore given by any 
Collector, Deputy or Selectmen to the contrary notwith- 
standing. 

Ahd be it enacted. That every Distiller of Rum and Diftnieisof 
other Spirits, every iNIanufacturer of wrought Silver, and Maoufacturers, 
of wrought Gold, and every Manufacturer of Clocks and Accoums under 
Watches, and every Manufacturer of Loaf Sugar, and of Bar ^'Jj^' ^''^^^ 
Iron and of Snuff, shall, from and after the said tenth Day collectors of aii 

^ T-w 7 • T^r • • 1 i'\ 1 dutied Articles. 

01 December, render an Account m Writing, under Oath, 
Quarterly, and every Quarter of an Year, to the Collector, 
or his Deputy, of all the said dutied Articles, by them or 
any Person for or under them, sold, or any Way disposed 
of or delivered, whether the same be their own Property, 
or may belong to another, in the Quarter next preceding, 
and shall ]iay the Duty thereon, quarterly, and every DutieBtobe 
Quarter, for^ all the Articles so sold or disposed of, ^'"^ Q"«rteriy. 
except for so much as shall be exported or sold for Expor- 
tation as is hereinafter mentioned; and every Distiller Disuiier^ and 

, -. r f f -I'll 1 -1 -J 1 i- Manufacturers 

and Manufacturer aforesaid, is hereby prohibited from to give Bond. 

selling or any Way disposing of any of the said Articles, 

after the said tenth Day of December, till he shall have 

given Bond with Surety to the Collector, or his Deputy, 

to render an Account and pay the Duty as aforesaid, on 

Pain of forfeiting the Articles so sold or disposed of, and 

a Fine equal to the Value of the same. 

And be it enacted, That all Importers and Consisfnees ah importers 

fill ji'ii'iT- 1 1 T ^\ and Consignees 

shall have their dutied Liquors guaged on landing, b}^ a tohavetheir 
sworn Guager, and produce his Certiflcate in Writing to Jj.'aged'^n'iand- 
the Collector or his Deputy, within ten Days after such '(^\^;JJ;;VnTt'<r 
landiiiir, specifvino- the different Sorts of Liquors, and produce a cer- 

■ ' I " O 1 ^ T 1 11111 tihcate thereof. 

Number of Gallons of each Sort ; and they shall also have 



98 



178'J. — Chapter 33. 



Penalty on 
Failure. 



Preamble. 



In Case Im- 
porters, &o. 
declare on Oath. 



weighed on landing or storing, all the dutied Articles 
imported, or to them consigned, on which a certain Duty 
per Pound is to be raised ; and shall Produce to the 
Collector or his Deputy the Certificate of the Weigher, 
under Oath, of the neat Pounds of each Article by him 
weighed, (making the usual Allowance for Tare) within 
ten Dayti after landing tlie same ; and for Failure in either 
Case, shall forfeit and pay a Fine of One Hundred Pounds; 
and a Deduction of Ten, per Cent, on all dutied Liquors 
and brown Sugars imported, shall ))e allowed by the Col- 
lectoi-s for common and ordinary Wastage. 

And iDhertas it is fxpedi'-nt that no Duty shall be j^aid 
on those Goods which are iinported into fhi^ State and 
exported out of it for Sale, in order that Trade with For- 
eigners, and with our Sister States, may not he embar- 
rassed and discourayed : 

Be it therefore enacted by the Authority cforemid. That 
in Case any Importer or Consignee, Distiller or Manu- 
facturer, shall declare on Oath, that he has (^bma fide) 
sent any Part of the dutied Articles for which he has 
become bound for the Payment of the Duties, out of this 
State, for Sale, either by Land or AVater, and shall pro- 
duce a Certificate from the proper Naval Oflicer, that such 
dutied Goods (specifying them particularly) have been 
cleared out in such Vessel, (naming her) and bound to 
any Port without this State ; and also the Bill of Lading, 
signed by the Master of such Vessel, shewing that he has 
such Goods on board his Vessel, which he received from 
such Importer, or Consignee, Distiller or Manufacturer ; 
or if sent out of this State by Land, then he shall produce 
the Receipt of the Conductor, on Oath, of sucli Goods, 
shewing that he has received such a Quantity of dutied 
Articles (naming the same particularh^) from such 
Importer or Consignee, Distiller or Manufacturer, and 
that he is to transport the same out of this State, men- 
tioning the Place where, and the Person to whom they 
are to be delivered ; or if such Importer or Consignee, 
Distiller or Manufacturer, shall sell any of said dutied 
Articles to any other Person for Exportation out of this 
State, and shall produce a Certificate or Declaration, on 
Oath, of such Person, that the dutied Articles so pur- 
chased, (naming the same) shall be carried out of this 
State for Sale, and with an Intent there to be consumed, 
and shall also produce the Certificate of the Naval Officer, 



1782. — Chapter 33. 99 

or Kecei})t of the Conductor, as is required of the 
Importer, &c. in Case he exports them himself, then, and 
in every such Case, the Importer or C'onsignee, Distiller 
or Manufacturer, shall pay no Duty for Goods so exported 
or sold for Exportation ; and the Collector or Deputy, 
who has the Bond for the Payment of the Duty on those 
indentical Goods so ex})orted, or sold for Exportation, 
shall endorse on the Bond the Amount of the Duty on 
said Goods, as so mucli paid in Discharge thereof. And 
in Case any Importer, Consignee, Distiller or Manufact- 
urer, shall export, or sell for Exportation, out of this 
State, an}' (hitied Articles, after the Bond given for the 
Duties on such Articles has been paid, or in Case any 
other Person who may possess such Goods, shall there- 
after so export them, such Importer, Consignee, Distiller, 
or Manufacturer, or other Person who shall so export such 
Goods, shall have a Right in every such Case to demand 
and receive the Amount of the Duties on the Articles so 
exported, of the Collector or Deputy to whom such Bond 
was given, upon producing the Evidence before required 
by this Act of such Exportation. 

And be it enacted, That any Collector or Deputy, or collectors or 
Naval Officer, be, and they a*re hereby empowered to seize ^pow^^^rto 
all dutied Articles that shall be landed out of any Vessel 
or Eloat, contrary to the true Intent and Meaning of this 
Act, wheresoever the same may be found, and to take the 
same Process for Condemnation that is or shall l)e pre- 
scribed for British Goods illegally imported ; and any 
Person other than the Owner, informing the Collector or 
his Deputy, of dutied Articles so landed, shall, on the 
Coiidemnation thereof, receive Tiventy Jive per Cent, of 
the net Proceeds. 

And be it enacted, That if any Person shall give a ('er- Persons giving 
tificate, Receipt, or Bill of Lading, without receiving the wUhDesfgAto"* 
Articles as mentioned therein, or shall procure such Cer- '*«^''*"'^- 
titicate. Receipt, or Bill of Lading, with Design to defraud 
the Government, and shall be thereof convicted, he shall 
forfeit and pay a Fine of One Hundred Pounds and the 
Value of the Goods therein mentioned. And if any Per- 
mit, Certificate, Receipt or Bill of Lading shall be forged, 
counterfeited or altered, the Person forijino:, counterfeit- 
ing, or altering the same, shall forfeit the Sum of One Penalty. 
Hundred Pounds, and the Value of the Goods mentioned 
therein or landed in Consequence thereof. 



seize. 



100 



1782. — Chapter 33. 



Duty on Cyder. 



Owners of 
Cyder Mills 
neglecting to 
render an 
Account. 
Penalty. 



Owners or 
Possessors of 
Carriages on 
the 15th of May 
to pay the Duty 
required. 



Assessors to 
return a List of 
all dulled Car- 
riages, yearlj'. 



Penalty in Case 
of Neglect. 



And be it enacted hy the Authority aforesaid. That each 
and every Owner or Possessor of a Cyder Mill shall, on 
or l)etbre the fifteenth Day of May, yearly, pay the said 
Four Pence per Barrel, for each and every Barrel (esti- 
mating the Barrel at thirty-two Gallons) of C3''der or 
Perry that shall have been made by himself or by any 
Person at his Mill or Press in the Year preceding, and 
shall render an Account on Oath, in Writing, to the Col- 
lector or his Deputy, yearly, of the exact Number of Bar- 
rels of Cyder or Perry by him or by any other Person, 
made at his Mill or Press ; and each Owner or Possessor 
of a Cyder Mill or Press, who shall neglect or refuse to 
render such Account and pay the Duty as aforesaid, shall 
forfeit and pay a Fine of Fifty Pounds; and the Assess- 
ors of the several Towns and Plantations in this State 
are hereby required to make a Return in Writing under 
Oath, to the Collector of Excise in their County, some 
Time in the Month o^ January, which will be in the Year 
of our Lord one Thousand seven Hundred and Eighty 
four, and from thence in the same Month, yearly, of the 
Number of Cyder-Mills and Presses improved in their 
respective Towns the preceding Year, and the Names of 
the Owners or Possessors thereof. 

Be it enacted. That every Owner or Possessor of any 
of the Carriages herein before enumerated, shall pay, on 
or before the tifteenth Day of May, yearly, the Duty by 
this Act required, for each and every Carriage by him or 
her owned or possessed. 

And be it enacted. That the Assessors in the several 
Towns and Plantations in this State, be, and they are 
hereby required and directed, to return in Writing, under 
Oath, to the Collector of Excise in their County, some 
Time in the Month of April, yearly, a List of all the 
dutied Carriages within their respective Towns and Plan- 
tations, with the Names of the Owners or Possessors of 
the same ; and if the Assessors of any Town or Plantation 
aforesaid, shall for the Space of one Month, neglect the 
due Performance of their Duty, as directed and enjoined 
upon them as above, the Assessors of such Town, or Plan- 
tation, so neglecting their Duty, shall forfeit a Sum not 
less than twenty Pounds, nor more than two Hundred 
Pounds, for the Use of this Commonwealth, to be recov- 
ered by Action or Complaint, in any Court proper to try 
the same. 



1782. — Chapter 33. 101 

And be it further enacted. That the said Collectors be, collectors 
and they herel)y are empowered to demand, sue for, and dTma^dTs^ue^for, 
recover the Penalties aforesaid : And the said Collectors ^"'J ';^°°\®'5 . 

■ , and directed to 

are hereby severally directed and required, to render an vender an 
Account of, and pay into the Treasurer of this Common- Treasurer. 
wealth, all Sums which they may respectively recover and 
receive in Consequence of this Act, in the same Manner 
as they are directed to render an Account of and pay in 
the Duties mentioned in this Act. 

And to tlie End that all Persons returned by the Assess- preamble. 
ors as aforesaid, ivho shall refuse or neglect to pay the 
Duties on Carriages as is by this Act prescribed, may be 
comp)elled to pay the same in the shoi'test and most expedi- 
tious Way : 

Be it enacted, That the Collector of each Countv shall collectors to 

' , "^ make out and 

within thirty Days after the said Duties are become due, deliver to 

1 .111- J /-~, .11 /• , 1 m • Constablef 



les a 



make out and deliver to some Constable of the Town in Vvarrantof 

which such delinquent Person lives, a Warrant of Distress sumnue?"^' ^ 

for the whole Sum due from such Delinquent, with Ten 

per Cent, added thereto, to be in the Korm prescribed by 

Law to be used by Assessors for collecting Town Taxes, 

3Iutatis Mutandis, which Warrant the said Collectors are 

hereby empowered to grant. And the said Constables 

shall proceed in the same Manner as is by Law prescribed, 

in Case of distraining for Non payment of Taxes. And 

the Constable shall receive the Ten per Cent, for his Ser- constables to 

vice, and shall return the Remainder to the Collector, who [f^f^''^*ye ten per 

shall give him a full Discharge for the same. 

Be it enacted. That all Forfeitures, Fines and Penalties Forfeitures &c. 
incurred by a Violation of this Act, or any Part of it, t° t)e sued for. 
shall l)e sued for in an Action of Debt, by the Collector 
of the County where the Oftence is committed, one Third ^°J appropn- 
thereof trt the Collector, and two Thirds to the Use of 
this Government ; the Allowance of Twenty-five per Cent. 
hereinbefore made to Informers, to be paid by the Col- 
lector out of his Third. 

And be it enacted. That the Collectors shall attend at where coi- 
some convenient Place in each Town in the Common- attend to 
wealth, in order to receive the Duties which are to be '■'''^"^® 
paid, on or before the fifteenth Day of May, yearly, first 
giving reasonable and public Notice of the Time and 
Place where the Business is to bo transacted : And the And to render 
Collectors shall render to the Treasurer, a fair and accu- ureran 
rate Account of all the Monies by them received in each Mon°ier 



102 



1782. — Chapter 33. 



received, and 
to balance 
Accounts 
yearly. 



Collectors to 

appoint 

Deputies. 

To be account 
able for their 
Deputies. 



In Case Col- 
lectors, &c. shall 
give Permits 
contrary to this 
Act. 



Persons taking 
out Permits. 



particular Town, of whom, and the Time when received, 
and shall pay the same into the Treasury quarterly, and 
shall settle and balance their Accounts, under Oath, with 
the Treasurer, on or before the Month of August yearly. 
And the Collector of each County shall, within thirty 
Days after his yearly Settlement with the Treasurer, as 
aforesaid, furnish the Town Clerk of each Town in his 
County, with a Copy authenticated by the Treasurer, of 
the Account of Monies received of said Town, agreeable 
to the Settlement made with the Treasurer as aforesaid. 

And he it enacted, That the Collectors of Excise that 
are or shall be appointed, be, and they are hereby empow- 
ered, to appoint Deputies to do the Business herein 
assigned to them, or a Part thereof (to be approved of 
by the Governor and Council of this Commonwealth.) 
And the said Collectors shall l)e accountable for the Con- 
duct of their Deputies, and pay them for their Services 
out of their own Commissions. And every Collector is 
hereby directed immediately to appoint a Deputy in every 
Port where there is a Naval Officer ; (except such Port 
as he shall reside in himself) and in every such Port the 
Collector or his Deputy shall keep a public (Office open 
from Nine in the Morning to One, and tVom Three in the 
Afternoon to Sunset (Lord's Days excepted.) 

And be it enacted. That if any Collector, Naval Officer 
or Deputy, Town Clerk or Selectmtm, shall designedly 
give any Permit or Certificate, contrary to the true Intent 
and Meaning of this Act, and shall be thereof convicted, 
he shall be, and is hereby declared to be, forever after, 
incapable of holding any Place of Honor, Trust, or 
Profit, under this Government, and shall pay a Fine 
equal to double the Value of the Duties set by this Act 
on the Articles contained in such Permit or Certificate. 

Be it enacted by the Authority aforesaid. That every 
Person taking out a Licence as an Innholder, shall pay 
the Sum of Twenty-four SliilUngs; and every Person 
taking out a Licence as a Retailer of spirituous Liquor, 
shall pay the Sum oi Eighteen Shillings. And the Court 
of General Sessions of the Peace, in their respective 
Counties, on granting Licences, are hereby empowered 
and directed, to demand and receive the said Duties of 
each Innholder and Retailer accordingly : which Duties 
shall be paid to the Clerk of the Peace, and by him to the 
Collector of the County ; and the Collector shall pay out 



1782. — Chapter 33. 103 

of his Commissions, to said Clerk, One per Cent, for 
receiving and paying said Duties : And said Collectors or 
their Deputies, are herel)y directed to prosecute all Per- 
sons who mix or sell spirituous Liquors contrary to Law, 
upon Complaint being made to them, and Proof given 
thereof: And the Collectors are hereby directed to enter 
in a Book ke{)t for that Purpose, a true and fair Account 
of all the dutied Articles exported out of this State, for 
which they receive no Duty : And said Collectors and 
their Deputies shall have free Recourse, without Fee, to 
the Accounts and Books of any Naval Officer, or other 
pul)lic Office from whence they may expect to receive any 
Evidence for the Detection of Fraud, or the Violation of 
this Act : And the Collectors of Excise already appointed 
in the several Counties in this Commonwealth, are hereby 
empowered to receive and collect all the Duties mentioned 
in this Act, in the Way and Manner herein specified, and 
to do and perform all other Duties or Services herein 
pointed out for Collectors to do, till others are chosen in 
their lioom, and shall be entitled to receive the same 
Commission severally, in Reward for their Services, as 
they were entitled to receive by the Act in and by which 
they were originally appointed. 

And be it farther enacted by the Authority aforesaid^ 
That there be annually appointed suitable Officers for officers for 
executing the Duties assigned to Collectors in this Act, Duues assigned 
at such Times as the Legislature shall appoint, with such be appointed ** 
Allowances for their Services as shall be determined when a°n"a"y- 
they shall be so appointed. 

Be it enacted by tlie AiitJiority aforesaid, That the fore- TheActss 
cited Acts, which this Act repeals, shall continue and be continue in 
in Force, so far as to empower the Collectors to settle the S'Impower "^ 
Excise Accounts of all Delinquents agreeable to said Acts, ^ntlrtheir*" 
and of all Persons, from their last Accounts up to the said Excise 

, , ^ T^ • 1 Accounts. 

tenth Day ot December,- and to receive the Excise due 
agreeable thereto, and also to receive the Duty on the 
Carriages, agreeable to said Act, and to take such Process 
as is therein described, to recover the same ; any Thing 
herein to the contrary notwithstjinding. 

Be it enacted, That the Naval Officer, Town Clerk, 
or Selectman, for his Trouble in receiving and record- 
ing a Manifest, and granting and entering a Permit, 
agreeable to this Act, shall receive two /Shillings and no Fees. 
more ; and the Collector shall receive for his Certificate, 



104 



1782. — Chapter 33. 



Naval Officers, 
&c. empowered 
to administer 
Oaths. 



Collectors to be 
sworn and give 
Bonds. 



Monies iiow to 
be applied. 



Preamble. 



Limitation. 



Proviso. 



and for finding and filling up a Bond, one Shilling and 
no more. 

A7id be it enacted^ That the Naval Officers, Collectors, 
Deputies, Town Clerks, or Selectmen, or either of them, 
are hereby empowered to administer the Oaths required 
by this Act. 

And be it enacted. That the Collectors shall be sw^orn 
faithfully to discharge their Duty, and shall give Bond, 
with two sufficient Sureties, to the Treasurer or Receiver- 
General of this Commonwealth, in a Sum not exceeding 
tiventy Thousand Pounds, nor less than Jive Thousand 
Pounds, for the faithful Discharge of the Duties required 
of them by this Act. 

Be it enacted bt/ the Authority aforesaid. That all the 
Monies arising from this Act shall be applied for the Pa}^- 
ment of the Interest of public Securities as aforesaid, and 
for that Purpose only, save only the Allow^ance to be made 
thereout to the Officer who may collect the Duties. 

And whereas all Restrictions upon Trade have been found 
to be highly injurious to those Countries ivhich derive a 
great Part of their Strength and Wealth from Commerce^ 
especially to such Oommunities as require a Navy for their 
Defence: And it being essential to the true Interest of this 
Commonu)ealth that its Commerce should be encouraged 
and made as extensive as possible ; and good Policy requir- 
ing that the Embarrassments which arise from the Impo- 
sitions laid by this Act upon Trade, shoidd continue no 
longer than the JSfecessities of Government, occasioned by 
the War, shall continue : 

Be it therefore enacted. That this Act shall continue and 
be in Force until Six Months after Peace shall be pro- 
claimed by Congress, and no longer. 

Provided nevertheless. That nothing in this Act shall be 
so construed, as to oblige any Person who may have 
Occasion for transporting any of the Articles before enu- 
merated from Port to Port, within this Commonwealth, 
to pay any Duties for the same (saving such Duties as 
they would be held and obliged to pay without Transpor- 
tation) in Case it shall appear that those identical Articles 
were impcnled into this Commonwealth before the tenth 
Day of December, one Thousand seven Hundred and 
Eighty-two : And the Oath of the Importer, Owner, or 
Consignee, shall be received as Proof that the said Arti- 
cles were so imported before the said tenth Day of Decem- 



1782. — Chapteks 34, 35. 105 

he7\ one Thousand seven Hundred and Eighty-two : And 
the Collector or his Deputy, Naval Officer, Town Clerk, 
or Selectmen, as the Case may be, shall admit to Entry 
and Clearance such Articles accordingly. 

^November 8, 1782. 

1783. — Chapter 34. 

[Jauuaiy Session, ch. 1.] 

AN ACT TO SUSPEND THE PRIVILEGE OF THE WRIT OF HABEAS Chaj) 34 
CORPUS FOR FOUR MONTHS. ^ 1 ' * 

Whereas some late Disturhances in this Commonwealth Preamble. 
and Opposition to the legal Authority thereof^ render it 
expedient and necessary that the Benefit derived to the 
Citizens from the issuing of* Writs of Habeas Corpus 
should be suspended for a limited Time in certain Cases: 

Be it therefore enacted by the Senate and House of 
Representatives in General Coiirt assembled, and by the 
Authority of the same. That his Excellency the Governor, The Governor 
with the Consent and Advice of Council, be, and he hereby powered by 
is authorised and empowered by Warrant under the Seal appiehend'& 
of this Commonwealth, by him subscribed, to apprehend d^'gero^us'^tothe 
and secure in any (xoal in the Commonwealth, any Person Fr'^^f^"!*^* 

"^ ' "^ United States. 

or 1 ersons whatsoever, whose bemg at Large may be 
judged by his Excellency and the Council to be dangerous 
to the Peace and Well-being of this or any of the United 
States oi America. Any Law, Usage, or Custom to the 
contrary notwithstanding. 

This Act to continue in Force for four Months and no Limitation, 
longer. February 5, 1783. 

1782. — Chapter 35. 

[January Session, ch. 2.] 

AN ACT FOR REVIVING AND CONTINUING SI/NDRY LAWS THAT (JJkij) 35 
ARE EXPIRED OR NEAR EXPIRING. ^* 

Whereas the several Acts hereinafter mentioned, which P''^'*'^^^®- 
are now expired, or near expiring, have been found useful 
and beneficial, viz. — 

One Act made in the Year of our Lord, one Thousand Sundry Laws 

' revived. 

seven Hundred and Thirty-six, entitled, "An Act to 
enable the Overseers of the Poor, and Selectmen, to 
take Care of idle and disorderly Persons." One Act 



106 1782. — Chapter 35. 

made in the Year of our Lord, one Thousand seven Hun- 
dred and Thirty-eight, entitled, "An Act to prevent the 
unnecessary Journeying of the Members of the General 
Court.'' One Act made in the Year of our Lord, one 
Thousand seven Hundred and Thirty-nine, entitled, "An 
Act in Addition to the several Laws of this Province 
relating to common Roads and private Ways." One Act 
made in the Year of our Lord, one Thousand seven Hun- 
dred and Forty, entitled, "An Act for Explanation of, 
and Supplement to the Act referring to the Poor, &c " 
One Act made in the Year of our Lord, one Thou- 
sand seven Hundred and Forty-one, entitled, "An Act 
in Addition to an Act, entitled, "An Act for Explanation 
of, and Supplement to an Act referring to the Poor." 
Two Acts made in the Year of our Lord, one Thousand 
seven Hundred and Forty-two, one entitled, " An Act in 
Addition to the several Acts for regulating the Assize of 
Casks ; and preventing Deceits in the Packing of Fish, 
Beef and Pork for Sale ; " the other entitled, " An Act to 
prevent Gaming for Money, or other Gain." One Act 
made in the Year of our Lord, one Thousand seven Hun- 
dred and Forty-four, entitled, " An Act to prevent unnec- 
essary Expence in Suits at Law." Three Acts made in 
the Year of our Lord, one Thousand seven Hundred and 
Forty-six, one entitled, " An Act to prevent the Firing 
of Guns charged with Shot or Ball, in the Town of 
Boston; " another entitled, " An Act in further Addition 
to an Act, entitled, " An Act for High Ways ; " the other 
entitled, "An Act to enable the Proprietors of private 
Ways to re])air them in an equal Manner." One Act 
made in the Year of our Lord, one Thousand seven Hun- 
dred and Forty-eight, entitled, "An Act to prevent 
Damage being done on the Beach, and Meadows in Plym- 
outh, adjoining to said Beach, commonly known by the 
name of Plymouth Beach." One Act made in the Year 
of our Lord, one Thousand seven Hundred and Fifty-one, 
entitled, " An Act for the better Regulation of the Course 
of Judicial Proceedings." One Act made in the Year of 
our Lord, one Thousand seven Hundred and Fifty-six, 
entitled, " An Act for preventing Petitions to the Gen- 
eral Court relating to Licences for retailing strong Drink, 
and keeping Houses of public Entertainment." One Act 
made in the Year of our Lord, one Thousand seven Hun- 
dred and Fifty-seven, entitled, "An Act made for pre- 



1782. — Chapter 35. 107 

venting the unnecessary Destruction of Alewives, in the 
Town of tSandwich.'" One Act made in the Year of our 
Lord, one Thousand seA^en Hundred and Sixty, entitled, 
" An Act to enable the Town of WeymoutJi to regulate 
and order the taking and disposing of the Fish called 
Shad and Alewives within the Limits of that Town." 
Two Acts made in the Year of our Lord, one Thousand 
seven Hundred and Sixty-two, one entitled, " An Act to 
])revent Damage by Fire, in the Towns of Salem, Mar- 
bleJiead, and other Maritime Towns in the Province ; " 
the other entitled, " An Act for rendering more eflectual 
the Laws already made relating to Shingles ; and for 
regulating the Assize of Staves, Hoops, and Clapboards." 
One Act made in the Year of our Lord, one Thousand 
seven Hundred and Sixty-three, entitled, "An Act for the 
Relief of poor Prisoners for Debt." One Act made in the 
Year of our Lord, one Thousand seven Hundred and Sixty- 
four, entitled, "An Act in Addition to an Act, entitled, 

'" An Act providing in Case of Sickness." One Act made 
in the Year of our Lord, one Thousand seven Hundred 
and Seventy, entitled, " An Act to prevent the obstruct- 
ing and destroying of the Fish called Alewives in their 
Passage up and down Meddepayset River, within the 
Town of liochester .'' Two Acts made in the Year of our 
Lord, one Thousand seven Hundred and Seventy-one, 
one entitled, " An Act to empower the Inhabitants of the 
Town of Dartmouth to regulate the taking of Fish within 
the Harbours aud Coves of said Township of Dartmouth ; " 
the other entitled, "An Act to prevent Damage being 
done to the Proprietors of the Meadow, Upland and 

.Beach, called Great and Little Scijmiszet, in the Town 
of Falmouth and County of Barnstable.^' One Act made 
in the Year of our Lord, one Thousand seven Hundred 
and Seventy-two, entitled, "An Act in Addition to an 
Act made in the fifth Year of the Reign of his present 
Majesty, entitled, " An Act to prevent the Destruction of 
Oysters in the several Bays and Rivers hereafter men- 
tioned, within this Province." One Act made in the 
Year of our Lord, one Thousand seven Hundred and 
Seventy-three, entitled, "An Act for regulating the 
Alewives Fishery in the Town gf Halifax, in the County 
of Plymouth.'''' One Act made in the Year of our Lord, 
one Thousand seven Hundred and Seventy-six, entitled, 
" An Act for preventing the Operation of an Act made 



108 1782. — Chapter 36. 

in the Year of our Lord, one Thousand seven Hundred 
and Seventy, entitled, "An Act for repealing the several 
Laws now in Force which relate to the Limitation of 
Personal Actions ; and for the Limitation of Personal 
Actions for the future : and for avoidins; Suits at Law." 
One Act made in the Year of. our Lord, one Thousand 
seven Hundred and Seventy-seven, entitled, " An Act to 
oblige Persons to attend and give Evidence in certain 
Cases in the neighbouring States." One Act made in the 
Year of our Lord, one Thousand seven Hundred and 
Seventy-eight, entitled, " An Act for taking Affidavits 
out of Court in certain Cases not already provided for." 
Two Acts made in the Year of our Lord, one Thousand 
seven Hundred and Seventy-nine, one entitled, " An Act 
for making Provision for Appeals to Congress in certain 
Maritime Cases, and under certain Restrictions ; " the 
other entitled, " An Act to prevent Impositions on the 
Inhabitants of any Town within this State, in the Sale of. 
Fire Wood and Bark, in any of said Towns." 

Be it therefore enactfd by the Senate and Horn^e of Rep- 
resentatives in General Court assembled, and by the 
AutJiority of the same. That all the beforementioned Acts, 
now expired, or near expiring, be revived and continued 
with all and every Clause, Matter and Thing therein 
Limitation. respectively contained : And shall be in Force until the 
lirst Day of November , which will be in the Year of our 
Lord, one Thousand seven Hundred and Eighty-seven ; 
and no longer. February 7, 1783. 

1782. — Chapter 36. 

[January Session, ch. 3.] 

Chap. 36 ^N ACT TO REMOVE CERTAIN ACTIONS NOW PENDING IN THE 
^ SUPREME JUDICIA.L COURT IN THE COUNTY OF HAMPSHIRE, 

TO THE SUPREME JUDICIAL COURT IN THE COUNTY OF 
BERKSHIRE, AND TO ENABLE PETER A. FONDA TO RE- 
ENTER A CERTAIN ACTION IN THE COURT OF COMMON 
PLEAS IN THE SAID COUNTY OF BERKSHIRE. 

Preamble. Wheveas an Action originally commenced by John 

Burghardt against Jeremiah Hogoboom : An Action com- 
menced by Asahel Porter against Simon Willard ; and 
another Action commenced by the said Asahef Porter, 
against Simon Willard, and others, are noiv by an Ajjpeal 
depending in the /Supreme Judicial Court in the said 
County of Hampshire. And ivJiereas from the local Cir- 



1782. — Chapter 3G. 109 

cumstances of fhe Parties it ivill be more convenient and 
less expensive that the said Actions should be heard and 
determined in the County o/" Berksliire aforesaid: 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, arid by the 
Authority of the same. That the said several Actions shall Removal of sev- 

•7 ^ ' ^ eral Actions 

be removed from the County oi Hamj)shire to the County fromtheOounty 
of Berkshire, and in the Supreme Judicial Court to be theOountyof 
holden within and for the same County, shall be heard, ^"^ ^ '''''• 
adjudged of, and determined upon, in all Respects as if 
the Appeals in the said Actions had originally been 
entered in the said Court, holden within and for the said 
County of Berkshire: Any Law of this Commonwealth 
to the contrary thereof notwithstanding. 

And ivhereas Peter A. Fonda liad an Action dep)end- 
ing «/7aMi.s^ Ephraim Fitch, in the Court of Common Pleas 
ichich by Lato should have been holden at Great Barring- 
ton, icithin and for the County of Berkshire, on the third 
Tuesday of August, in the Year of our Lord one Thou- 
sand seven Hundred and ^Seventy four ; which Action had 
been heard by certain Persons to wJiom the same had been 
referred, and a Report thereon j)repared to be made to the 
same Court in favor of the Plaintiff, and considerable 
Expence and Costs had arisen by Reason of the Premises. 
And, lohereas the said Court was jJi'evented sitting at the 
Time and Place aforesaid, and thereby all the said Cost 
and Expence ivill be lost by the Plaintiff^ without the Inter- 
position of the Legislature: 

Be it therefore enacted by the Authority aforesaid. That 
the said Peter A. Fonda be, and he herel*}^ is empowered f^po^'f^^Vt^To'^" 
to re-enter the same Action at the Court of Common re-enter an Ac- 
Pleas to be holden at Pittsfeld, within and for the same of Common 
County, on the last Tuesday of February current, and that fiew!'' 
the Clerk issue a Notification thereof to the said Ephraim cierk to issue a 
Fitch, fourteen Days at the least before the sitting of the Sere*'oL''°° 
same Court next thereafter to be holden ; and that the said 
Cause be continued, that the said Ephraim Fitch may 
have Opportunity^ to defend himself against the same, and 
that thereupon the same Court be and hereby is enabled 
and empowered to proceed and determine in the same 
Action as to Law appertains ; and that in all Things, 
like Proceedings be had in the Premises as if the said 
Action had regularly been continued to the same Court. 

February 10, 1783. 



110 1782. — Chapter 37. 

1783. — Chapter 37. 

[January Session, ch. 4.] 

Chan '61 ^'^ ^^"^ ^^^ granting a lottery for re-building and 
^ ' ' making good the public bridges and causeways in 

THE town of LANCASTER. 

Preamble. Wlieveas it appears of great Utility that the public 

Bridges and Causeways in the Toiun q/' Lancaster, should 
he re-built and made Good; and the said Town hath repre- 
sented their present Inability to accomp)lisJi the same, and 
have prayed that a Lottery may be granted for those 
Purposes : 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
raised b°^a^ -^^l^hority of the same, That a Sum not exceeding Two 
Lottery. Thousand Bounds be raised by a Lottery or Lotteries for 

the Purposes aforesaid ; and that Captain Samuel Ward, 
Doctor Israel Atherton, and Josiah Wilder, Esq ; be Man- 
Managers to be agers thereof, who shall be sworn to the faithful Perform- 
^^ ™' ance of the Trust ; and shall as soon as may be, publish a 

Scheme of such Lottery or Lotteries in such public News 
Papers as they may think most proper : And the said 
?egui'ai'^^"**''°'^ Managers shall keep just and regular Accounts of their 
Accounts. Proceedings, and of the Monies they may receive in their 

To be open to Said Capacity, which shall at all Times be open to the 
of the TrcMiirer Inspcctiou of tlic Trcasurcr of the said Town oi Lancaster 
of said Town. f^^thQ Time being. And within one Month after they 
shall be requested thereto, by Vote of the said Town, shall 
complete Drawing any such Lottery or Lotteries ; and 
shall pay the net Proceeds thereof in such Manner as shall 
be ordered by the said Town, or their Committee, for such 
^eg'ieft'ing Pay. Purposc to bc clioscn : And if the said Managers or any 
'"^"'- of them, shall neglect Payment as aforesaid, for the 

Space of fourteen Days alter the Receipt of such Order, 
Jrap'^cfwered ^'^^ ^''^^^ Treasurer is hereby authorised and empowered 
to sue for. ^q g^^g fQ^. ^^^1 rccover, for the Use of the said Town, such 
Monies neglected to have been paid as aforesaid, by 
Action in any Court proper to try the same. And fur- 
thermore, the said Managers within three Months after 
the last Drawing of the said Lottery or Lotteries shall 
settle and finish their Accounts of the said Lottery or 
In Case. Lotteries. And in Case they or either of them shall 

neglect or refuse so to do, or shall refuse or neglect to 
finish Drawino' such Lotterv or Lotteries in Manner as 



1782. — Chapter 38. Ill 

aforesaid, they shall severally forfeit and pay for each 
Offence, the Sum of Two Hundred Pounds, for the Use 
of the said Town, and to be recovered hy the said Treas- 
urer in Manner aforesaid. 

And be it further enacted by the Authority aforesaid^ 
That the said Town of Lancaster, shall, in the most pru- 
dent and expeditious Way and Planner, apply all the net The net Pro. 
Proceeds of the said Lottery or Lotteries to the Pui'[)Oses Lottery to be 
of re-building and making Good the said Bridges and said.'* 
Causeways ; and in Case the said Town shall convert the in case. 
said Proceeds to any other Use or Purpose, or shall 
unreasonably delay to ap})ly the same as is hereinbefore 
directed, the said Town shall forfeit and pay to the Use of 
the Commonwealth the Sum of Three Thousand Pounds, 
to be recovered by the Treasurer of the said Common- 
wealth, by Action in any Court proper to try the same. 

And be it further enacted. That all Prizes drawn in the Prizes to be paid 
said Lotter}^ shall be paid without Deduction, if demanded tion. 
within six Months after Drawing. 

And be it also further enacted. That if anv Person or PersonBcon- 

-n» I 1 1 <• • • 1 rrV- i • i dieted of For- 

Persons shall forge, counterteit, or alter any licket issued gery. 
l)y Virtue of this Act, or shall pass or utter any such 
forged, counterfeit or altered Ticket knowingly ; or that 
shall counsel, advise, or assist in forging, counterfeiting 
or altering the same, every such Person or Persons so 
offending, being thereof convicted in the Supreme Judi- 
cial Court of this Commonwealth, shall be set on the Gal- ®°^'y- 
lows for the Space of one Hour, with a Rope about 'his 
Xeck. or shall ])ay a Fine not exceeding One Hundred 
Pounds, to the Use of this Commonwealth, or be impris- 
oned not exceeding twelve Months, or be publickly 
Whipt, not exceeding thirty-nine Stripes, at the Discre- 
tion of the Justices of the same Court, who are also 
hereby em})owered to inflict one or more of the said Pun- 
ishments on such Offenders, if they see tit. 

February 15, 1783. • 

1782. — Chapter 38. 

[January Session, ch. 5.] 

AN ACT APPOINTING A TIME AND PLACE FOR HOLDING THE QJiq^i^^ 38 
SUPREME JUDICIAL COURT IN THE COUNTY OF SUFFOLK. ^ ' 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority 



112 



1782. — Chapter 39. 



Supreme Judi- 
cial Court to be 
holden in Bos- 
touSd Tuesday 
of Feb. Inst. 



of the same, That a Supreme Judicial Court shall be held 
at Boston, within and for the County of Suffolk, on the 
third Tuesday of February instant. 

And he it further enacted by the Authority aforesaid. 
That all Writs, Recognizances, Warrants and Complaints, 
and every other Thing that should or may be returned to 
or entered at the Court aforesaid, to be holden at the 
Time and Place heretofore appointed ; and all Parties and 
Persons that by Law are or may be required or directed 
to appear or attend at the aforesaid Time and Place ; and 
all Actions, Suits, and Matters that now are or may be 
pending in the same Court, shall be retprned to, entered, 
appear and attend, have Day, be tried and determined in 
the said Court, at the Time and Place established by this 
Act. February 17, 1783. 



Chap. 39 



Wolves killed, 
&o. 



The Constable 
of the Town to 
cut oi¥ both the 
Ears of .the 
same, in the 
Presence of the 
Selectmen. 

Selectmen and 
Constable to 
gi\-e a Receipt to 
the Party. 



Bounty. 



1783. — Chapter 30. 

[January Session, ch. 6.] 
AN ACT FOR ENCOURAGING THE KILLING OF WOLVES. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority 
of the same. That whosoever shall hereafter within this 
Commonwealth, kill any grown Wolf or Wolf's Whelp, 
(other than such as shall be taken out of the Belly of any 
Bitch Wolf) and bring the Head thereof unto the Con- 
stable of the Town in which such Wolf or Wolf's Whelp 
shall be killed, or to the Constable of the Town next 
adjacent unto the Place of killing such Wolf or Wolf's 
Whelp, without the Bounds of any Township, the Con- 
stable, in Presence of one or more of the Selectmen shall 
cut ofi' both the Ears of the same, and cause them to be 
Ijurned. And such Selectman or Men, and Constable, 
shall give the Party a Receipt for the said Head, express- 
ing whether it be a grown Wolf, or a Whelp, and upon 
producing such Receipt, the Party shall be paid and 
allowed by the Treasurer of such Town, out of the Town 
Treasury, the Sum of Four Pounds for every Head of a 
grown Wolf by him killed, and the Sum of One Pound 
for every Wolf's Whelp ; and all such Sum and Sums ^of 
Money so paid out of any Town Treasury in Manner 
aforesaid, shall lie ]iaid and allowed to such Town by the 
Treasurer and Receiver-General of this Commonwealth. 



1782. — Chapter 40. 113 

And be it further enacted by the Authority aforesaid, 
Thiit all Certiticjites of such Payments to be returned to Certificates to 
the Treasurer and Keceiver-General, shall be in the Form theTreasme" 
foUowino- : That is to say, ?J"^ ueceiver- 

O .' ' General. 

To the Treasurer of the Commonwealth of Massachusetts. 

This Certifies that there hath been allowed and paid out ^o^^- 
of the Town Stock of the Sum of for 

grown Wolves, and the Sum of for Wolves 

Whelps, killed in or near unto said Town, and within this 
Commonwealth, since the Day of last, and 

the Heads thereof brought unto a Constable of said 
Towij, and the Ears cut ofl^" and burnt in the Presence of 
one or more of the Selectmen of said Town, as the Law 
directs, and so certified, amounting in the Whole to the 
Sum of which you are desired to allow to said 

Town by paying the same to Treasurer of 

said Town. 

Dated at aforesaid this Day of 17 

> Selectmen 

5 of 

^Town Treasurer. 

And be it further enacted by the Authority aforesaid, 
That all the Laws of this Commonwealth heretofore made Repealing aii 
respecting Wolves or Wolves Whelps, so far as they relate made respecung 
to the same, be, and hereby are repealed and declared to woives. 
be null and void. February 21, 1783. 

1782. — Chapter 40. 

[January Session, ch. 7.] 

AN ACT FOR DISCONTINUING THE NAME OF A TOWN IN THE flj^rir} 40 
COUNTY OF HAMPSHIRE, FORMERLY INCORPORATED BY ^"^^V' ^^ 
THE NAME OF MURRAYFIELD, AND CALLING THE SAME 
CHESIER. 

Whereas from the great Similitude between tlie Names Preamble. 
of the said Town called Murrayfield and a Plantation 
called jNIerryfield, in this Oommonwealth many Difficxd- 
ties and Inconveniences have arisen, and the Inhabitants 
of the former pray that the Name of the said Town may 
be altered : 

Therefore be it enacted by the Senate and House of 
Iiep)'esentatives in General Court assembled, and by the 



114 



1782. — Chapter 41. 



Altering the 
Name of Mur- 
rayfleld to the 
Name of 
Chester. 



Authority of tJie same, That the Land lying in the County 
of Ilampshive, formerly incorporated into a Town by the 
Name of Minray field , shall no longer bear that Name ; 
but henceforth shall be called and known l)y the Name of 
Cheater, the aforesaid incorporating Act notwithstanding. 
And all Officers in the said Town shall hold and exercise 
their Offices respectively, in the same Manner as they 
would have done had not the Name of the said Town been 
altered. . February 21, 1783. 



Chap. 



1782. — Chapter 41. 

[January Session, ch. 8.] 

A^ AN ACT FOR ERECTING A DISTRICT IN THE COUNTY 
MIDDLESEX, BY THE NAME OF BOXBOROUGH. 



Boundaries. 



OF 



Whereas a Number of Inhabitants, living in the extreme 
Parts of the Toums of StoAV, Harvard, and Littleton, 
labor under many Inconveniences by Reason of their great 
Distance from any Place of Public Worship, and have 
requested this Court that they may be incorporated into a 
District, with all the Privileges of a Town, that of send- 
ing a Representative to the General Court excepted: 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same. That a Part of Stow, a Part of 
Harvard, and a Part of Littleton, all which are included 
within the Boundaries followino;, viz. : Beoinnino; at the 
Road Southerly of Jolin Robbins' Buildings, and running 
Southerly to Acton Corner Three Miles and Ninety-two 
Rods, to a Heap of Stones ; from thence running South- 
erly in Acton Line, to a Place called Flag Hill, being two 
Miles, three Quarters and ten Rods, to a Heap of Stones ; 
from thence AVesterly in Stnw two Miles and a Quarter, 
to a Stake and Pillar of Stones in the Harvard Line ; then 
running Northerly through Part of Harvard, to a white 
Oak Tree, by a Causeway from thence to the Place first 
set out from, be and hereby is incor])orated into a Dis- 
trict, by the Name ol Boxborough. And all the Polls and 
Estates that are included within the said Boundaries, shall 
belong to the said District, except those of such of the 
Inhal)itants of that Part set off from Littleton, as shall 
not within the Term of twelve Months from the passing 
this Act, return their Names into the Office of the Secre- 



1782. — CiiAPTEK 41. 115 

tary of this Commonwealth, signifying their Desire to 
become inhabitants of the said District. 

And be it fiirf/ier enacted by the Aidhority aforesaid. 
That the said District be, and hereby is, invested with all investing said 

1 T-» T» • •! IT • • I m • District With 

the i owers, 1 rivileges and Immunities, that low^ns in certain Powers. 

this Commonwealth do or may enjoy (except the Privilege 

of sending a Representative to the General Court) and 

the Inhabitants of the said District shall have Liberty 

from Time to Time to join with the Town of Stow, in 

choosing a Representative, and shall be notified of the 

Time and Place of Election, in like Manner with the 

Inliabitants of the said Town of Stow, by a Warrant from 

the Selectmen of the said Town, directed to a Constable 

or Constables of the said District, requiring him or them 

to warn the Inhal)itants to attend the Meeting at the Time 

and Place appointed : Which Warrant shall be seasonably 

returned by the said Constable or Constables ; and the 

Representative may be chosen inditi'erently from the said 

Town or District : The Pay or Allowance to be borne by 

the Town and District, in Proportion as they shall from 

Time to Time pay to the State Tax. 

And be it farther enacted, That Jonathan Wood, Esq ; Jona. wood to 
of Stow, be, and he hereby is empowered to issue his Meeting/ 
Warrant, directed to some principal Inhabitant within 
the said District, requiring him to warn the Inhabitants 
of the said District, qualitied to vote in Town Attairs, to 
assemble at some suitable Time and Place in the said 
District, to choose such Officers as Towns and Districts 
by Law are required to choose in the Month of March 
annually : Provided nevertheless. That the Inhabitants of P'o^iso. 
the said District shall pay their proportionalile Part of 
all such 'fown, County and State Taxes, as are already 
assessed by the said respective Towns from which they 
are taken, and their proportionable Part of all public 
Debts due from the said Towns ; and also provide for the 
Sui)port of all the Poor who were Inhabitants within 
the said District before the passing of this Act, and shall 
be brought back for Maintenance hereafter. 

And whereas it is jit and necessary , that the Whole 
of the said District sJtould belong to one and the same 
County : 

Be it therefore further enacted hy_ the Authority afore- 
said. That tliat Part of the said District which is set off ^f","J^Sfgrr?e't 
from the Town of Harvard, in the County of Worcester, lo the county of 

' "^ Middlesex. 



116 1782. — Chapters 42, 43. 

shall be, and hereb>^ is annexed and set to the County of 
Middle.'iex. And the Line established by this Act as the 
Boundary betwixt the said Town of Harvard and the 
said District, shall hereafter be the Boundary Line be- 
twixt the said County of Middlesex and the said County 
of Worcester. February 25, 1783. 

1783. — Chapter 43. 

[January Session, ch. 9.] 

ChaV' 42 ^^ ^^'^ ^°^ DISCONTINUING THE NAME OF A TOWN IN THE 
^' COUNTY OF SUFFOLK, INCORPORATED BY THE NAME OF 

STOUGHTONHAM, AND CALLING THE SAME SHARON. 

Be it enacted by the Senate and Flouse of Bepresenta- 
tives in General Court assembled, and by the Authority 
The Name of of the Same, That the said Tow^n oi StougJdonham, shall 
stoughtonham no lougcr bcai' that Name, but henceforth shall be called 
sharon.'° ^i^<^ kuowu by the Name of AS'Aav'ou ,' the aforesaid incor- 

porating Act notwithstanding. And all Officers in said 
Town shall hold and exercise their respective Offices in 
the same Manner as they would have done had not the 
Name of said Town been altered. February 25, 1783. 



Chap. 48 



1782. — Chapter 43. 

[January Session, ch. 10.] 

AN ACT FOR CARRYING INTO EXECUTION AN ORDINANCE OF 
CONGRESS FOR ESTABLISHING COURTS FOR THE TRIAL OF 
FELONIES AND PIRACIES COMMITTED ON THE HIGH SEAS. 

Preamble. Wkcreas by an Ordinance of Congress, passed the Fifth 

of April, one Thousand seven Hundred and Eighty-one^ 
pursuant to the ninth Article of the Confederation, the 
Justices of the Supreme Judicial Court and the Judge of 
Admiralty of this Commonwealth, or any two of (hem, are 
constituted and appointed Judges for hearing ayid trying 
every Berson charged with Biracy or Felony upon the 
High Seas, or tvho shall be charged as Accessaries to the 
same, either before or after the Fact, by Grand and Petit 
Jurors, according to the Course of the Common Law. 
And it being expedient to ascertahi tjie Times and Blaces 
for holding the .same Court, as well as to direct the Mode 
of appointing Grand and Betit Jurors therefor: And also 
to designate the Judge of Admiralty intended by the same 
Ordinance: 



1782. — Chapter 43. 117 

Be it therefore enacted hy the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same, That the Times and Places for The Times and 
holding Courts, for the Trial of Piracies and Felonies rnrcoptsfof' 
committed on the High Seas, shall be in the Counties of pj^ J^jg) ^^c. 
Suffolk, Middlesex, Essex, Plymouth, Barnstable, Bristol, 
York and Cumberland at the Times the Supreme Judicial 
Court is or shall by Law be held and kept in the said 
several Counties, and at such other Time and Place in any 
Maritime Town in any of the said Counties as the Gov- 
ernor for the Time being, with Advice of Council, shall, 
by Writ under the Seal of the Commonwealth, order and 
direct ; at which Courts the first Justice of the Supreme 
Judicial Court who is present shall always preside. 

And be it further enacted, That the Grand and Petit Jurors Grand and 
that are or shall be appointed to serve at any Supreme appointedto 
Judicial Court, in the several Counties aforesaid, shall dis- su'^remVjudi- 
charge the Duties of Grand and Petit Jurors, in the Court di^'char'Le the 
for the Trial of Piracies and Felonies upon the High Seas, Duties in the 
as fully as though specially appointed for that Purpose. Trial of 

And be it further enacted. That when a Time and Place c^overnorand 
shall be appointed for the Trial of Piracies and Felonies ^°"^Qtj2 
on the High Seas, by the Governor and Council, by Virtue Time&piace 
of this Act, the Writ directed to the Judges of the same 
Courts shall issue twenty-one Days at the least before the 
Time assigned for holding the Court. And the Clerk of Ju^remeVudi^' 
the Supreme Judicial Court shall issue Venires to such ?*»' court to 

•\r • • rr\ • ^ • ^ • r^ 11 IT* ipsue Venires 

Maritmie iowns within this Commonwealth as the Justices as the justices 
of the said Court, or any two of them, shall direct, seven 
Days at least before the sitting thereof; and the Grand 
and Petit Jurors shall be appointed and summoned to 
attend in like Manner, and be liable to the like Fines 
and Forfei*tures for Neglects, as Grand and Petit Jurors 
respectively, at the Supreme Judicial Court : And if by 
Reason of Challenges, or otherwise, there shall not remain 
a sufficient Number of Grand or Petit Jurors, the Num- 
ber may be compleated de talibus Circumstantibus , to be 
returned by the Sheriff' of the County where the Court is 
held, or such other Person as the Court shall direct. 

And be it farther enacted. That the Judge or Judges of ^"^l-ftlme^ *^* 
the Maritime Courts within this Commonwealth for the courts to be 
Time being, shall be deemed and taken to be the Judges judges of the 
of the Court of Admiralty within this Commonwealth, in Admiralty. 
the true Sense and Meaning of the said Ordinance of 
Congress, until a Judge or Judges of Admiralty, expresly untii. 



118 



1782. — CiiAPTEKS 44, 45. 



by that Name, shall, pursuant to Law, be duly nominated, 
commissioned and sworn. 

And be it further enacted by the Authority aforesaid. 
That the Clerk of the Supreme Judicial Court shall be the 
Clerk of the Court for the Trial of Piracies and Felonies 



The Clerk of 

the Supreme 

Judicial Court 

to be the Clerk i r-. ^ i t i pi r^ j- 

of said Court for on the High Seas, unless the Judges ot the same C^ourt 

Pi"aci°e8. shall scc fit to appoiut some other Person to act as Clerk 

of the same, wdiich they are hereby authorized and em- 



powered to do. 



February 25, 1783. 



1782. — Chapter 44. 

[January Session, ch. 11.] 

Chnil 44 -^^ ^^^ *°^ ANNEXING NOAH WIZZLE, WITH HIS LANDS, 
^ ■/ WITHIN A CERTAIN GORE OF LAND, LYING BETWEEN THE 

TOWNS OF FITCHBURGH, LEOMINSTER AND WESTMINSTER, 
IN THE COUNTY OF WORCESTER, UNTO THE TOWN OF FITCH- 
BURGH. 

Preamble. Ti^iej'eas Noali Wizzle hath requested of this Court to be 

annexed unto Fitchburgh ; and it ajypears to be of public 
Utility that his Request should be granted: 

Be it enacted by the Senate and House of liepresenta- 
tives in General Court assembled, and by the Authority 
of the same, That Noah Wizzle, with his Lands, situate 
in a Gore of Land, lying between the Towns of Fitch- 
burgh, Leominster and Westminster, in the County of 
Worcester , be, and hereby is annexed unto the Town of 
Fitchburgh : And that in future the said Wizzle shall be 
entitled to all the Privileges and Immunities with the 
Inhabitants of the said Fitchburgh, and subjected to 
Duties as an Inhabitant of the said Town. 

Proviso. Provided always, That the said Wizzle shall be holden 

to pay an}' Taxes already legally assessed on him by the 
Town of Westminster; any Thing in this Act to the con- 
trary notwithstanding. February 26, 1783. 



Annexing 
Noah Whizzle's 
Lands to the 
Town of Fitch- 
burg. 



Chap. 45 



Preamble. 



1782. — Chapter 45. 

[January Session, ch. 12.] 

AN ACT FOR GRANTING A LOTTERY FOR RE-BUILDING THE 
NORTH MILLS IN THE TOWN OF BOSTON, WHICH WERE 
LATELY CONSUMED BY FIRE. 

Whereas the Mills commonly called the North Mills, in 
the Toivn o/" Boston, have lately been consumed by Fire, 
and the Proprietors have prayed that a Lottery may be 
granted to enable them to re-build the said Mills, which 
IV ill be of great public Utility : 



1782. — Chapter 46. 119 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assembled, and hy the Authority 
of the same, That a Sum not exceedino- Tu-o Thousand ^'^^^'i\°^^ , 

T^Ti'ii T T-^ 1 raised by Lot- 

I^ounds be raised by a Lottery or Lotteries, lor and to tery. 
the Purpose of re-building the said Mills; and that John Names of the 
Pitts and John White, Esquires, and Mr. William Paine, ''"''s*"'^- 
or any two of them, shall be Managers of the said Lot- 
tery or Lotteries, who shall be sworn to the faithful Per- 
formance of their Trust ; which said Managers shall make 
and publish in such News Papers as they shall judge 
proper, a Scheme for the said Lottery or Lotteries, as 
soon as may be ; and they shall also publish therewith 
all necessary Rules and Regulations for the Management 
thereof. And all Prizes which may be drawn in the 
said Lottery or Lotteries, shall be paid without any 
Deduction, provided they are demanded within Six 
Months after the Drawing of the said Lottery or Lot- 
teries, otherwise the Money arisino- from such Prizes, 
shall be appropriated to the Purpose aforesaid. 

And be it farther enacted. That if any Person shall forge, Persons'guiity 

• . , ~ of Forgery. 

counterfeit, or alter any Lottery Ticket issued by Virtue 
of this Act, or shall pass or utter any such forged, coun- 
terfeited or altered Ticket, knowing the same to be false, 
forged, counterfeited or altered, or shall advise or assist 
in forging, altering, or counterfeiting the same, every 
Person so oflending, and being thereof convicted before 
the Supreme Judicial Court of this Commonwealth, shall 
be punished by being set on the Gallows for the Space of Penalty. 
one Hour, with a Rope round his Neck, or shall pay a 
Fine not exceeding One Hundred Pounds, to the Use of 
this Commonwealth, or suffer not more than Twelve 
Months Imprisonment, nor less than Two, or be pub- 
licly whipped, not exceeding Thirty-nine Stripes, at the 
Discretion of the said Supreme Judicial Court, according 
to the Nature and Circumstances of the Offence. 

February 26, 1783. 

1782. — Chapter 46. 

[January Session, ch. 13.] 
AN ACT IN ADDITION TO THE SEVERAL ACTS ALREADY MADE QhaV 46 
FOR THE PRUDENT STORAGE OF GUN POWDER WITHIN THE ^' 

TOWN OF BOSTOX. 

Whereas the depositing of loaded Arms in the Houses o/" Preamble. 
tlie Town o/" Boston, is dangerous to the Lives of those ivho 



120 



1782. — Chapter 46. 



Persons pro- 
hibited taking 
into their Dwel 
lings, &c. any 
piece of Ord- 
nance loaded 
with Gun 
Powder. 



Penalty. 



Pieces of Ord- 
nance charged 
with Gun Pow- 
der found in any 
Dwelling- 
House.&c. liable 
to be seized. 



How disposed of 
in Cases of 
Forfeiture. 



Appeals 
allowed. 



are disposed to exert themselves token a Fire happens to 
break out in the said Toivn : 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority 
of the same. That if any Person shall take into any 
Dwelling House, Stable, Barn, Out House, Ware House, 
Store, Shop, or other Building within the Town of 
Boston, any Cannon, Swivel, Mortar, Howitzer, Co- 
horn, or Fire Arm, loaded with, or having Gun Powder 
in the same, or shall receive into any Dwelling House, 
Stable, Barn, Out House, Store, Ware House, Shop, or 
other Building, within the said Town, any Bomb, Gren- 
ade, or other Iron Shell, charged with, or having Gun 
Powder in the same, such Person shall forfeit and pay 
the Sum of Ten Pounds, to be recovered at the Suit of 
the Firewards of the said Town, in an Action of Debt, 
before any Court proper to try the same ; one Moiety 
thereof to the Use of the said Firewards, and the other 
Moiety to the Support of the Poor of the Town oi Boston. 

And be it further enacted by the Authority aforesaid, 
That all Cannon, Swivels, Mortars, Howitzers, Cohorns, 
Fire Arms, Bombs, Granades, and Iron Shells of any 
Kind, that shall be found in any Dwelling House, Out 
House, Stable, Barn, Store, Ware House, Shop, or other 
Building, charged with, or having in them any Gun 
Powder, shall be liable to be seized by either of the 
Firewards of the said Town : And upon Complaint made 
by the said Firewards to the Court of Common Pleas, of 
such Cannon, Swivels, Mortars, or Howitzer, being so 
found, the Court shall proceed to try the Merits of such 
Complaint by a Jury ; and if the Jury shall find such 
Complaint supported, such Cannon, Swivel, Mortar, or 
Howitzer, shall be adjudged forfeit, and be sold at public 
Auction ; and one Half of the Proceeds thereof shall be 
disposed of to the Firewards, and the other Half to the 
Use of the Poor of the Town of Boston. And when any 
Fire Arms, or any Bomb, Granade, or other Shell, shall 
be found in any House, Out House, Barn, Stable, Store, 
Warehouse, Shop, or other Building, so charged, or having 
Gun Powder in the same, the same shall be liable to be 
seized in Manner aforesaid ; and on Complaint thereof, 
made and supported before- a Justice of the Peace, shall 
be sold and disposed of as is above provided for Cannon. 

Be it further enacted. That Appeals shall be allowed in 
Prosecutions upon this Act as is usual in other Cases. 

March 1, 1783. 



1782. — Chapters 47, 48. 121 

1783. — Chapter 47. 

[January Session, ch. 14.] 

AN ACT FOR SETTING OFF DAVID PARKER FROM THE DIS- fhnj) A^J 
TRICT OF CARLISLE, AND ANNEXING HIM TO THE TOWN ^ 

OF CHELMSFORD. 

}V/iereas hy the Act for incorporating the District o/" Preamble. 
Carlisle, in the County of Middlesex, David Parker was 
set to the said District, ichich is found to operate to his 
great Injury and Inconvenience : 

Be it therefore enacted hy the Senate and House of Rep- 
resentatives in General Court assembled, and by the 
Authority of the same, That the said David Parker, and 
his Buildings, and so much of his Lands which were taken 
into the said District of Carlisle, hy the aforesaid Act, as Boundaries. 
shall fall to the North of a right 'Line, beginning at a 
Heap of Stones where the Corners of the Towns of 
Chelmsford and Westford, and of the said District of 
Carlisle meet ; and from thence running to the Corner 
of a certain stone Wall, where the Corners of the Towns 
of Chelmsford and Billerica, and of the said District of 
Carlisle meet, shall be, and hereby are set off from the 
said District of Carlisle, and annexed to the said Town 
of Chelmsford ; and shall forever hereafter be considered 
as Part of the same : Any Thing in the aforesaid Act 
contained to the contrary notwithstanding. 

Provided nevertheless, That the said David Pai'lcer proviso. 
shall pay all such Taxes as are already assessed upon him 
by the said District of Carlisle. March 1, 1783. 

1782. — Chapter 48. 

" [January Sest^ion, ch. 15.] 

AN ACT FOR RAISING BY LOTTERY THE SUM OF THREE (JJidjj^ ^g 
THOUSAND POUNDS, FOR THE PURPOSE OF BUILDING A ■'■ ' 

GLASS HOUSE, AND PROMOTING THE MANUFACTURE OF 
CROWN AND OTHER GLASS. IN BOSTON. 

Whereas it appears ^Aa;; Robert Hewes, 5?/ his Ingenuity Preamble. 
and Application, has attained the Knowledge of the Art 
and Manufacture of Crown and other Glass; and great 
Benefit may accrue to this Commomvealth if the said 
Business should be carried on: But the Losses of the 
said Robert, sustained by costly Bxperiments , in finding 
out the said Art, and also by Fire, have occasioned, and 
must occasion, a great Cessation thereof, unless he, in 



122 



1782. — Chapter 48. 



£3000 to be 
raised by Lot- 
tery. 



Names of the 



Prizes to be 
paid without 
Deduction. 



Persons con- 
victed of For- 
gery. 



Penalty. 



Exclusive Right 
of carrying on 
the Manufact- 
ure granted to 
Rob. Hewes. 



so7ne Manner, derives Aid to enable him to build a Glass 
House in Boston : 

£e it therefore enacted by the Senate ami House of Rej)- 
resentafives in General Court assembled, and by the 
Authority of the same, That a Sum not exceeding Three 
Thousand Pounds, be raised by a Lottery, by a Deduction 
of Twenty jper Cent, upon the Amount of the Tickets 
when sold, to the Use of the said Robert Hewes, for the 
sole Purpose of Building a suitable Glass Won^&m Boston, 
and providing the Implements and Machinery necessary 
for the Manufactory of Glass ; and that Col. Josiah 
Waters, Major Tliomas Melvil, and Capt. Alexander 
Hodgdon, shall be Managers of the said Lottery, who 
shall be sworn to the faithful Performance of their Trust ; 
which said Managers shall make and publish in such News 
Papers as they shall judge proper, a Scheme for the said 
Lottery as soon as may be ; and they shall also publish 
therewith all necessary Rules and Kegulations for the 
Management thereof: And all Prizes which may be drawn 
in the said Lottery, shall be paid without any Deduction, 
provided the same are demanded within twelve Months 
after the Drawing of the said Lottery ; otherwise the 
Money arising from such Prizes shall be appropriated to 
the Purpose aforesaid. 

And be it firtJier enacted, That if any Person shall 
forge, counterfeit, or alter any Lottery Ticket, issued by 
Virtue of this Act, or shall pass or utter any such forged, 
counterfeit or altered Ticket, knowing the same to be 
false, forged, counterfeit or altered, or that shall counsel, 
advise, procure or assist in the forging, altering or coun- 
terfeiting the same ; every Person so oifending, and being 
thereof convicted before the Supreme Judicial Court, 
shall pay a Fine not exceeding One Hundred and Fifty 
Pounds, to the Use of this Commonwealth, and sutler not 
more than twelve Months Imprisonment, nor less than 
two, and be publickly whipped, not exceeding thirt3'-nine 
Stripes, or shall sufier all or any of the foregoing Pun- 
ishments, at the Discretion of the Court before whom he 
shall be convicted, according to the Nature and Circum- 
stances of the Offence. 

And be it further enacted by the Authority aforesaid, 
That the said Robert Hewes shall have the sole and 
exclusive Right of carrying on the Manufacture of Crown 
and other Glass within this Commonwealth, for the Term 
of seven Years from the Date of this Act. And that if 



1782. — Chapter 49. 123 

any other Person or Persons shall presume within the said rumin°\oraanu. 
Term of seven Years to carrj^ on the Manufacture of factuie oiass 
Crown or other Glass within this Commonwealth, he or mentioned. 
they shall forfeit and pay a Fine not exceeding One Thou- I'enaity. 
sand Pounds nor less than Eigld Hundred Pounds, to be 
recovered by Action of Debt, to be brought by the said 
Robert, his Executors or Administrators, in any Court 
proper to try the same. 

Provided always. That the said Robert Hemes give Proviso. 
Security to the Treasurer of this Commonwealth in the Rob. Hewesto 
Sum of Four Thousand Pounds, with two sufficient ^'^^^ ecunty. 
Sureties, to employ all the Monies that shall be raised by 
the said Lotter}', for his Use, in building a suitable Glass 
House, in providing Implements and Machinery as afore- 
said, and in prosecuting and bringing to Perfection the 
Manufacture of Crown and other Glass, in the best Man- 
ner in his Power, and faithfully, constantly and diligently 
to pursue during the said Term of seven Years, the Man- 
ufacturing thereof. March 1, 1783. 

1783. — Chapter 49. 

[January Session, ch. 16.] 
AN ACT TO INCORPORATE THE CONGREGATIONAL SOCIETY IN fljjff^^ AC) 
THE TOWN OF NORTON, INTO A DISTINCT PARISH; AND ^'^^P' ^^ 
ALSO TO INCORPORATE A COMMITTEE OF THE SAID SO- 
CIETY FOR CERTAIN PURPOSES. 

Whereas the Congregational Society in the Town of Preamble. 
Norton, of lohich the Reverend Joseph Palmer is the 
jpresent Minister, have represented to this Court that the 
said Society are possessed of a Sum of Money and 
Securities, to the Amount of Four Hundred and Twenty- 
five Pounds, ivhich they desire to improve to the Puipose 
of beginning and laying a Foundation for a Fund, the 
Interest whereof to be appropriated to support a learned, 
pious, Protestant Congregational 3Iinister in the said 
Society forever, and for building or repairing a Meeting 
House in said Societ>/ ; and have supplicated this Court 
hy a Law, to invest the said Society with all the Powers, 
Privileges, and Immunities that Precincts or Parishes in 
this Commonwealth do or may enjoy : And also that certain 
Persons, by th.em, the said Society elected and named, may 
be made a Body Corporate, with sufficient Powers to 
receive the aforesaid Sum and other Donations that are or 
■shall be made for the Pwposes aforesaid, and for the 
Well ordering the same : 



124 1782. — Chapter 49. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority of 
the same. That the Congregational Society in the Town 
Society in Nor- of N^orton, in the County of Bristol, where the Reverend 
into^rdiXnet^'^ ^oseph Palmer now officiates, be, and they hereby are 
Pari8h. incorporated into a distinct Parish, by the Name of The 

Congregational Parish in JS/brton, and hereby are invested 
with all the Powers, Privileges and Immunities, that Pre- 
cincts or Parishes within this Commonwealth do or may 
b}^ Law enjoy. 

And that it may be known at any Time, who of the 

Inhabitants of the said Town belong to the said Parish, 

Be it enacted by the Authority aforesaid, That all those 

Inhabitants U8U- Inhabitants of the said Norton, who usually attend Public 

Public Worship Worshi}3 witli tlic aforcsaid Society, shall be deemed and 

b°eiongi^nTto taken to belong to the said Parish to all Intents and Pur- 

untii— "^^~ poses, until they shall signify in Writing, under their 

Hands, to the Clerk of the said Parish, their Intention to 

attend Public Worship with some other religious Society, 

Proviso. and shall actually attend. Provided nevertheless, that all 

Parishioners, so removing, shall be held to pay all Arrears 

of Taxes legally assessed on them by the said Parish before 

their removal. 

And be it further enacted by the authority aforesaidy 
George Leon- That Georc/e Leonard, Esquire, be, and he hereby is fully 

ard.Esq; to call i • i . i . -\ht t i • • 

the firet Meet- authoFized to issue liis Warrant, directed to some prmci- 
^°^' pal Inhabitant belonging to the said Parish, requiring him 

to give Notice to the Inhal)itants of the Parish aforesaid, 
qualified to vote in Parish Aflairs, to assemble at some 
suitable Time and Place in the said Parish, to choose 
all such Officers as Parishes are by Law required to 
choose in the Month of March annually ; and to transact 
such other Matters and Business as is necessary to be done 
in the said Parish. 

And be it further enacted by the Authority aforesaid, 

George Leon- That George Leonard, William Holmes, Daniel Dean^ 

oth^rsfei'erted Lsaac Hodges and Lsrael Trow, chosen, elected and named 

tJbe'aCorpo*.^ ^J ^hc Said Socicty for that Purpose, and their Successors 

rate Body. hereafter chosen by the Parish aforesaid, in the Manner 

as in and by this Act is hereafter provided, shall be, and 

hereby are declared to be a Body Corporate, by the Name 

of The Trustees of the Congregational Parish in J^orton, 

and hereby are incorporated to this special Purpose, viz. 

Their Powers, jo rcccive all the Donations, Subscriptions, Securities 

and Monies, now in the Hands of the said Society, and 



1782. — Chapter 49. 125 

also such Grants, Appropriations, and Donations, either 
Real or Personal, that have been or shall hereafter be 
made for the Purposes aforesaid ; provided the whole Sum 
do not exceed the sum of Three Thousand Pounds: And 
all such Sum or Sums as shall be received by the afore- 
said present Trustees or their Successors in the said 
Trust, shall be and hereb}^ are appropriated to raise an 
Income by the annual Interest arising therefrom for the 
Purpose aforesaid. 

And he it further enacted hy the Authority aforesaid. 
That all Bonds, Mortgages, or other lawful Securities, Bonds, &c made 
made to the said George Leonard, William Holmes, WhegolTl^ni 
Daniel Dean, Isaac Hodges, and Israel Trow, and their ^■^"''• 
Successors in the said Trust, are hereby" declared good 
and valid: And the said Trustees and their Successors, The Trustees to 

1 J 1 • • 1 r^ J. "VT 11 1 1 sue and be sued. 

by then- said Corporate iSame, may sue and be sued, and 
are hereby fully authorized by themselves, or by their 
Agents or Attornies, to appear, plead and defend, in any 
Action or Suit brought by or against them, in their said 
Capacity, and the same prosecute to hnal Judgment and 
Execution, in any Court proper to try and determine the 
same. 

And he it further enacted hy the Authority aforesaid. 
That the aforesaid Sum oi Four Hundred and Twenty-five Monies to be put 
Pounds, and all such further Sum or Sums as may hereafter unti"— "^^^ ~ 
be annexed thereto, shall be by the said Trustee^, put to 
Interest ; and the annual Interest arising thereon, shall be 
further put to Interest, and so from Year to Year, until a 
Capital shall be raised, the annual Interest whereof shall 
l)e sufficient to support a Minister as aforesaid : And then 
the annual Interest of the said increased Capital, or so interest, how to 
much thereof as the said Corporation shall find necessary, ^^appiopnate . 
shall forever after be paid to such Minister resident and 
officiating in the Work of the Ministry among said Society, 
within said Town. And if it shall ever happen that there 
be no such Minister settled within the said Society, then 
in every such Case the Interest arising in such Vacation in such case. 
shall be improved to supply the said Society with Preach- 
ing. And if there shall be any Surplusage it shall be put 
to Interest on new Securities, and added to the said Cap- 
ital, and improved for the Building or Repairing a Meet- 
ing House for the said Society ; and all such increased 
Sum or Sums shall ])e ordered and disposed of by the said 
Trustees, according to the Directions hereinbefore pro- 
vided respecting the said Capital. 



126 1782. — Chapter 50. 

And he it further enacted by the Authority aforesaid^ 

Tin bl°'"' That if at any Time the Income arising by the annual 

dentforsakT' Interest of the Fund aforesaid, shall be more than suffi- 

Purpoeeshowto cieut for the Purposes aforesaid, in that Case all such 

eappropnae . g^jj-pj^^jj^ shall and hereby is specially appropriated, and 

shall be improved by the Parish aforesaid, towards the 

Support and Maintenance of a School for the Benefit of 

said Society. 

And be it further enacted by the Authority aforesaid, 
Eve^iweer'" That the said Parish, at their annual Meeting in March, 
annually. from Time to Time be, and hereby are fully authorised 

to choose five Trustees for the Year ensuing. 

And be it further enacted by the Authority aforesaid, 
tees are n™^' That if at any Time the said Parish shall at their annual 
chosen. Meeting in March, neglect or by any Means be prevented 

choosing Trustees, in every such Case the Trustees last 
chosen shall continue vested with all the Powers and Priv- 
ileges aforesaid, until others be chosen. 

And be it further enacted by the Authority aforesaid, 
Accountable and That thc Said Trustces, and their Successors, from Time 
removable for to Time, shall be accountable to the said Parish, and may 

Miedemeanor. i i i /> ^r- -< -r-i -i • i • -i 

be b}^ tnem tor any Misdemeanor or Failure in their said 
Trust removed therefrom ; in which Case, and also in 
Case of Death or other Removal of any one or more of 
them, it shall and may be lawful for the said Parish to 
appoint others in their Room. And the said Parish may 
at any Time call a Meeting for that Purpose accordingly. 

March 4, 1783. 



Chap. 



1783. — Chapter 50. 

[January Session, eh. 17.] 

50 AN ACT DETERMINING AT WHAT TIMES AND PLACES THE SEV- 
ERAL COURTS OF GENERAL SESSIONS OF THE PEACE AND 
COURTS OF COMMON PLEAS, SHALL BE HELD ^VITHIN AND 
FOR THE SEVERAL COUNTIES OF THE COMMONWEALTH. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority of 
piace^sSxed ^^^^ samc. That the Times and Places for holding the Courts 
for holding of General Sessions of the Peace, and Courts of Common 

Courts of Gren- , , , , 

erai Sessions of Pleas, Within and for each of the Counties in the Conimon- 
the seyeraV wcaltli, sliall, after the first Day of January, one Thousand 
thToomm^n-^'" scvcu Hundred and eighty-three, be annually, as followeth, 

wealth. ^Ijjj^ ig ^y ^^y^ 

Within and for the County of Suffolk, at Boston, on 
the first Tuesday in January, the third Tuesday in 



1782. — Chapter 50. 127 

April, the first Tuesday in Juli/, and the first Tuesday 
in October. 

Within and for the County of Essex, at Ipswich the 
first Tuesday in April; at 8alem, the second Tuesday of 
July, and the first Tuesday in December; and at New- 
bur;/ Port, the hist Tuesday in September . 

AVithin and for the County of Middlesex, at Concord, 
on the second Tuesday of March, and second Tuesday of 
September; at Cambridge, on the hist Tuesday of Nov- 
ember; and at Groton, on the third Tuesday of May. 

Within and for the County of Hampshire, at North- 
hampton, the second Tuesday in February, and the last 
Tuesday in August; at Springfield, the third Tuesday in 
May and the second Tuesday in November. 

Within and for the County of Plymouth, at Plymouth, 
the second Tuesday in Ap)ril, the first Tuesday in July, 
the first Tuesday in October, and the second Tuesday in 
December. 

AVithin and for the County of Barnstable, at Barnstable, 
the first Tuesday in Ajjril, the last Tuesday in June, the 
last Tuesday in September, and the first Tuesday in 
December. 

Within and for the County of Bristol, at Taunton, the 
second Tuesday in March, the second Tuesday of June, 
the second Tuesday in September, and the third Tuesday 
in December. 

Within and for the County of Yoi^k, at York, on the 
second Tuesday of April, and the second Tuesday of 
July ; at Biddeford, on the second Tuesday of October. 

Within and iox Dukes County, at Edgartown, the first 
Tuesday in March; and at Tisbury, the last Tuesday in 
October. 

Within and for the County oi Nantucket, at Sherburne, 
the last Tuesday in March and first Tuesday in October. 

Within and for the County of Worcester, at Worcester, 
the last Tuesday in March, the second Tuesday in June, 
the first Tuesday in September, and the first Tuesday in 
December, 

Within and for the County of Cumberland, at Falmouth, 
the last Tuesday of May and the last Tuesday of October. 

Within and for the County of Lincoln, at Poivnalbor- 
ough_ the first Tuesday of June and the last Tuesday in 
September. 

Within and for the County of Berkshire, at Pittsfield, 
the last Tuesday in February ; and at Great Barrington, 



128 1782. — Chapter 51. 

the third Tuesday in August, until the First Day of Ja7i- 
uary One Thousand Seven Hundred and Eighty-four ; ■ 
and after the said First Day of January, at Lenox, on the 
last Tuesday in February, the third Tuesday of Sep- 
tember, and the third Tuesday of December. 

And be it further enacted by the Authority aforesaid. 
That all Appeals, Writs, Recoonizances, Warrants, and 
Complaints, and every other Thing that should or may 
be entered at, or returned to, any of the said Courts to 
be holden at the Times and Places heretofore appointed ; 
And all Parties and Persons that by Law are or may be 
required or directed to appear or attend at the aforesaid 
Times and Places ; and all Actions, Suits and Matters, 
that now are, or may be pending in the said Courts, shall 
be returned to, entered, appear, and attend, have Day, 
be tried and determined in the respective Courts, at the 
Times and Places established by this Act. 

March 10, 1783. 

1783. — Chapter 51. 

[January Session, ch. 18.] 

ChaV 51 ^^ ^^^ ^^ ADDITION TO AN ACT PASSED THE EIGHTH DAY OF 
^ * NOVEMBER, ONE THOUSAND SEVEN HUNDRED AND EIGHTY- 

TWO, LAYING AN EXCISE ON CERTAIN ARTICLES THEREIN 
MENTIONED. 

Preamble. Whercas no Provision is made in the said Act for the 

speedy Appointment of a Collector of Excise, in Case a 
Vacancy shall happen in the Recess of the General Court: 
Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority 
Death^&c of ^ ^^^^ Same, That in Case of the Death, Resignation, 
Persons Removal out of the State, or otherwise, or No.n-accept- 

lectors. ance of any Person appointed, or that shall be appointed 

Collector of Excise, in any of the Counties in this Com- 
monwealth, in the Recess of the General Court, or at so 
late a Period in any Session of the same Court, that the 
Vacancy occasioned in any Manner as aforesaid shall not 
The Governor \^q suppHcd iu the samc Scssiou thereof, the Governor, 

with the Advice .ii »i- pi r^ -i ini ii i 

of Council With the Advice or the Council, shall be, and hereby is 
appcTint!'^^ authorized, and empowered to appoint a Collector of 

Excise for the County where such Vacancy shall happen ; 
which Collector, being qualified as in the said Act is 
directed, shall continue in Office, and be vested with all 
the Powers and Privileges appertaining thereto, until the 



1782. — Chapter 51. 129 

said Collector shall be confirmed in his OiEce, or another 
shall be appointed by the General Court in his Stead. 
And any Collector appointed or chosen as aforesaid ; Collectors im. 
and also any Collector who hath been, or shall be demand!''* 
appointed or chosen in the Room of any other Collector 
removed or deceased, shall be, and hereby is empowered 
and authorized to demand and receive of the Executors and 
Administrators of an}^ Collector who may be deceased or 
removed, and of the Deputies of the same, all official 
Bonds, Notes, Accounts, and other Papers, and give 
proper Discharges for the same, and to commence and 
prosecute an Action in his own Xame, upon any Bond or 
other Security given to his Predecessor in Office, in the 
Capacity of Collector of Excise ; and to demand, prose- 
cute, sue for, recover and receive, any Duties that were 
due or Penalties incurred before his Appointment to the 
said Office ; and to do and perform all Matters and Things 
whatever, which his said Predecessor could have done, 
had he continued in Office. 

And be it enacted by the Author iiy aforesaid, That the 
Master of any Vessel or Float, is hereby prohibited from Masters of ves- 
taking on board such Vessel or Float, to transport from in the Tranlpor. 
one Port to another within this Commonwealth, any dutied Articie^s^untu^'^ 
Articles, until he shall have received a Certificate from 
the Collector of Excise for the County where he shall 
receive the said dutied Articles, or his Deputy, specify- 
ing that the Duty is paid, or that Security is given for 
the Payment thereof, on those identical dutied Articles 
(naming them) which he has received on board such 
Vessel or Float : And all dutied Articles, brought from Dutied Articles 
one Port to another within this State, in any such Ves- one"port toTn- 
sel or Float, and for which the Master thereof does not °euheMasSf 
produce, *on his Arrival in such Countv or Port, a Cer- which does not 

I ' 1 >^ 1 » ^ produce a cer- 

tificate as aforesaid, to the Collector of the County, or tificatetobefor- 

Naval Officer of the Port or the Deput}' of either of 
them, shall be forfeited ; and the Master of such Vessel 
or Float, shall forfeit and pay a Fine equal to the Value 
of the Goods forfeited, to be sued for and recovered in 
any Court proper to try the same. 

And iDhereas it is found to be very inconvenient for the 
Conductors of the dutied Articles brought into this State 
by Land, to lodge an Invoice thereof with a Town Clerk, 
or with a Selectman, on their first Entrance into this State, 
and to agree on the Value of the Goods in order to ascer- 
tain the Duty, and give Security for the same: And 



130 



1782. — Chaptek 51. 



Proviso. 



ivhereas a long Detention and much Trouble and Ex])ence 
is often incwred thereby : For the Remedy thereof, 
Be it enacted by the Authority aforesaid, That every 
Conductors to Conductor of dutied Articles brouo^ht into this State by 

proceed unmo- G J 

Jested, proviso. Land, shall proceed unmolested to the Place where he is 
to deliver the said dutied Articles, provided he shall 
have made Oath before a Magistrate of the State from 
whence he shall bring the same, or before a Magistrate in 
this State on his first Entrance into it with the said dutied 
Articles, that he will not deliver the same, or any Part 
thereof, to the Owner or Consignee, or any other Person, 
until he' shall have lodged a Manifest or Invoice, in Writ- 
ing, with the Collector or his Deputy, for the County 
where the said Articles are to be delivered, and obtained 
his Permission for the Delivery thereof. And every 
Conductor of such dutied Goods producing a Certificate 
from a Magistrate as aforesaid, specifying such Oath, 
shall pass unmolested to the Place mentioned in such 
Certificate ; any Law heretofore made to the contrary 
notwithstanding. 

Provided nevertheless, That every Conductor of dutied 
Goods, who shall not comply with this Act, shall be sub- 
jected to the Requirements of the Act, in Addition to 
which this Act is made, and suffer the Penalties thereof 
in Case of Failure ; any Thing herein to the contrary 
notwithstanding. 

And whereas every Evasion of tlie Duties imposed by 
the said Act, must operate injuriously to the fair Trader, 
as well as the public Revenue: 

Therefore be it further enacted by the Authority afore- 
said, That the Collectors of Excise and Naval Officers, 
and their respective Deputies, or either of them, be, and 
they hereby are individually authorised and empowered to 
seize any dutied Liquors and Teas, whenever imported, 
and any other dutied Articles imported since the tenth 
Day of December last, that shall be sold or offered for 
Sale, or that shall be found on board any Vessel or Float, 
(except on board the Vessel or Float in which the said 
dutied Articles were brought into this State) or that shall 
be found on any Land Conveyance, or in any Store, Build- 
ing or other Place Avhatever, before the Duty shall be 
paid, or Security given to the Collector or his Deputy 
for the Payment thereof, agreeable to Law. And when- 
ever any dutied Articles shall be seized as aforesaid, if 
the Claimer or Claimers shall not make it appear on 



Collectors & 
Naval Officers 
empowered — 



1782. — Chapter 51. 131 

Trial that the Duty was paid, or Security given as afore- 
said, for the Payment thereof, before the Seizure was 
made as aforesaid, the said Goods shall be adjudged to be 
forfeited. 

And be if further enacted, That when any Person shall Persons to give 
give Information on Oath, and shall lodge the same, in Oath. 
Writing, with the Collector or Naval Officer, or either of 
their respective Deputies, that he has just Cause to sus- 
pect that dutied Goods have been taken out of any par- 
ticular Vessel or Float, contrary to Law, and put into 
any other particular Vessel or Float, Store, Building or 
Place whatever, such Collector, Naval Officer, or Deputy, 
is hereby authorised to enter, with proper Assistance, in 
the Day Time, into such Vessel or Float, Store, Building, 
or Place (Dwelling Houses excepted) and there to search 
for the said Goods ; and if he shall find any dutied Goods ^nd in case. 
in such Search, to seize and secure the same for Trial ; 
and the dutied Goods seized and secured as aforesaid, 
shall be adjudged forfeited, except those identical Goods 
which, on Trial, shall be proved Avere not taken from 
such Vessel or Float, Store, Building or Place, in the 
]\Ianner specified in the said Information. And any Per- to receive 
son giving Information as aforesaid, shall, on the Con- condemnation. 
demnation of the Goods, receive Twenty-five per Cent, of 
the net Proceeds. The Collector, Naval Officer or Deputy, collectors, &c. 

,. .lo' 111 • m ,/» y-v. making Seizure 

making the Seizure, shall receive Iwenty-jive per Vent, to receive 
and the Remainder shall be paid into the public Treas- "^^^^"^ 
uiy, and he applied solely for the Purposes prescribed in 
the said Act. 

Provided nevertheless, and be it enacted by the Authority Proviso. 
aforesaid, That' when any Person shall have just Cause to 
suspect that dutied Goods have been brought into this 
Commonwealth, and put into any Dwelling House, the 
Duties thereon not being paid, or Security not being 
given for the Payment thereof, and give satisfactory 
Information thereof, on Oath, to any Justice of the Peace 
of the same County, such .Justice may, and he is hereby 
authorised, to issue his Warrant, directed to the Collector 
of Excise of the same Countj'', or either of his Deputies, 
therein especially named, commanding him to take with 
him the Sheriff of the County, or either of his Deputies, 
or any Constable of the Town where such House is, and 
in the Day Time, to enter such Dwelling House, and there 
to search for said Goods ; and if he shall find any dutied 
Goods in such Search, to seize and secure the same for 



132 



1782. — Chapter 51. 



Goods seized 
■within the 
Counties of 
Hampshire, &c, 
to be libelled. 



Causes to be 
tried by a Jury 

An Appeal 
allowed. 



Duty to be paid 
on all Sugars. 



Cutlery ware 
included in 
Wrought Iron, 
&c. 

Collectors 
.empowered 
to appoint 
Deputies. 



Actions bro't 
against Naval 
Officers, &c. 
the Defendants 
may plead the 
General Issue. 



Trial ; and the like Forfeitures shall be adjudged, and 
Proceedings thereon had, as aforesaid. And the said 
Sheriff or his Deputy, or Constable, is hereby authorised 
and required, to aid and assist the said Collector or his 
Deputy in making such Search, and to take with him 
proper Assistance. 

And be it farther enacted. That all Goods which may 
at any Time be seized within either of the Counties of 
Hamj:) shire, Worcester or Berkshire, on Suspicion of being 
British Goods illegally imported, or that shall be seized 
on Account of the Duties not being paid, or Security not 
being given for the Payment thereof, shall be libelled 
before the Justices of the Courts of General Sessions of 
the Peace for and within the said Counties respectively : 
And the Causes shall be tried by a Jury of the said 
Counties respectively ; and an Appeal shall be allowed 
to the Libellant or Chiimant, from the Judgment of any 
of the said Courts of General Sessions of the Peace, to 
the Supreme Judicial Court, as in other Cases ; any Law 
or Usage to the contrary notwithstanding. 

And whereas Doubts have arisen whether any Duty or 
Excise is payable on clayed, powdered and othf^r Sugars, 
not particularly mentioned in the said Act: 

Be it therefore enacted by the Authority aforesaid, That 
the same Duty or Excise, shall be paid on all Kinds of 
Sugars, not particularly enumerated in the said Act, as is 
therein directed and required to be paid on Brown Sugars, 
Loaf Sugar, and Sugar the Produce of this Common- 
wealth only excepted. 

And be it further enacted by the Authority aforesaid. 
That every Kind of Cutlery Ware is to be understood as 
included in wrought Iron and Steel Ware, mentioned in 
the said Act. 

And be it enacted. That the Collectors of Excise l)e, 
and they are hereby empowered to appoint Deputies for 
the Purpose of receiving Information, making Searches 
and Seizures, and for libelling the Goods seized, and 
prosecuting the same to linal Judgment, without applying 
to the Governor and Council for their Approbation ; any 
Law to the contrary notwithstanding. 

And be it further enacted. That in all Actions brought 
against any Naval Officer or Collector of Excise, or any 
Deputy of either of them, or any other Person acting 
under their Direction, in the Execution of their respective 
Offices, the Defendant or Defendants ma}^ plead the Gen- 



1782. — Chapter 52. l33 

eral issue, and give any special Matters in Evidence 
under the same. 

And ichereas Utere is contained in a certain Paragraph 
of the said Act, the following Clause: — " Provided never- 
theless, TJtat ivJien any Goods shall have been seized on 
Account of the Conductor thereof having neglected to give 
in a Manifest of the Pachages containing such Goods, on 
his first Arrival into this State by Land, or to give Secu- 
rity for the Payment of the Duties on all dutied Articles 
therein contained, as is hereinbefore required, if such 
Conductor shall declare, on Oath, that he knew nothing of 
this Act, and shall readily, when required give in such 
Man f est, and Security for the Payment of the Duties on 
all the dutied Articles ivhich may be found in those Pack- 
ages; that then, and in every such Case, the Goods so 
seized, shall not be subject to forfeiture; but they shall be 
again restored to such Conductor, and he be perinitted to 
depart therewith." And it is found inexpedient that the 
Provision made in the said Clause should be any longer 
continued: 

Be it therefore enacted by the Authority aforesaid. That 
the said Clause be and hereby is, repealed and rendered Clause repealed. 
null and void. March 10, 1783. 

1783.— Chapter 52. 

[January Session, eh. 19.] 

AN ACT FOR ERECTING CERTAIN LANDS, HEREAFTER DE- pi,^.^ ro 
SCRIBED, INTO A TOWN, BY THE NAME OF MJDDLEFIELD ; ^'"*P- ^^^ 
AND ANNEXING THE WHOLE TO THE COUNTY OF HAMP- 
SHIRE. 

Whereas the Inhabitants of the South-ioest Corner of Preamble. 
Worthington, in the CoHn/y q/" Hampshire, and the North- 
west Corner of Murray field, {now Chester) in the said 
County, and the JSForth-east Corner of Becket, the South 
Side of Patridgefield, a Part q/" Washington, and the In- 
habitants of FyqscoWs Grant, (so called) all in the County 
of Berkshire, have represented to this Court the great 
Difficulties and Inconveniences they labour under in their 
present Situation; and have requested that they may be 
incoiporated into a Toion : • 

Be it therefore enacted by the Senate and House of Rep- 
resentatives in General Court assembled, and by the 
Authority of the same. That the said South-west Corner Boundaries. 



134 1782. — Chapter 52. 

of Wbrthington, in the County of Hampshire, and North- 
west Corner of Chester, in the same County, and the 
North-east Corner of Becket, the Soutli Side of Patridge- 
field, a Part of Washington, and the hinds called Pres- 
cott's Grants, all in the County oi Berkshire, and bounded 
as follows, viz. Beginning at an Hemlock Tree, standing 
on the River in Becket, directly South from the South- 
west Corner of the said Prescott^s Grants ; thence running 
North one Thousand Rods, to a Beach Tree ; then North 
twelve Degrees East to the North Side of the first Square 
in Patridgejield, to a Stake and Stones ; thence South 
seventy Degrees East nine Hundred Rods to a Stake and 
Stones ; thence North one Hundred and forty Rods ; then 
East six Hundred Rods to the River at an Hemlock Tree, 
a West Point from Worthing t07i Meeting-House ; thence 
down the said River to the Place where the same crosses 
Worthington South Line, at an Heartbeam Tree ; thence 
West thirty-five Degrees South, nine Hundred and forty 
Rods to the Place where the said River crosses Becket 
East Line ; thence up the said River to the first mentioned 
Bound, with the Inhabitants thereon, be, and hereby are 
incorporated into a Town, l)y the Name of Middlefield. 
And that the said Town be, and hereby is vested with all 
the Powers, Privileges and Immunities which the Towns 
within this Commonwealth do or may enjoy, by the Con- 
stitution or Laws of the same ; and the Whole of the said 
Town of Middlefield shall forever hereafter be considered 
as a Part of the County of Hampshire. 

Jf ° fo'c^aiuhe ^^^^ ^^ *^ further enacted. That John Kirkland, Esq ; 

let Meeting. l)e, and hc is hereby empowered to issue his Warrant to 
some principal Inhabitant within the said Town of Mid- 
dlefield, requiring him to warn the Inhabitants of the said 
Town qualified to vote in Town Affairs, to assemble at 
some suitable Time and Place within the said Town, for 
the Purpose of choosing such Officers as are necessary to 
manage the Affairs of the said Town. 

Proviso. Provided nevertheless. That the Inhabitants of the said 

Town of Middlefield shall pay their proportionable Part 
of such Town, County, State and other Taxes as are 
already assessed on them by the respective Towns to 
which they have belonged, and of all public Debts and 
Duties which may be due and owing from the said Town, 
until a Tax shall be laid by the General Court upon the 
said Town hereby incorporated. March 12, 1783. 



1782. — Chapter 53. 135 

1783. — Chapter 53. 

[Jauiiary Session, ch. 20.] 

AN ACT FOR GRANTING SPECIAL POWERS TO CERTAIN COM- HLfj,^ K'X 
MISSIONERS OE THE UNITED STATES, IN CERTAIN CASES; ^'"*i^* ^^ 
AND TO ENABLE THE UNITED STATES TO RECOVER DEBTS 
AND EFFECTS BELONGING TO THE SAID UNITED STATES. 

Whereas the United States in Congress assembled in Preamble. 
tJieir llesolulion of the Tiventieih of Fehrunry, One Thou- 
sand 'Seve)i Hundred and Eighty two, have provided, that 
a Commissioner shall be appointed in the Manner therein 
described, luitJi full Poicer and Authority finally to settle 
the Accounts between this State, or any of the Subjects 
thereof, and the United States; and have recommended to 
the Lerjislatnre of this Commonwealth, to authorize and 
empower the said Commissioner for certain Purposes 
tlierein mentioned : 

Therefore be it enacted by the Senate and House of Rep- 
resentatives in General Court assembled, and by the 
Authority of the same. That the Commissioner who shall ^.^^ ^T^!^"..,? 

,'J ^ ' . sioner appointed 

be api^ointed ao-reeable to the Resolution of Consfress of to settle & 

o o adiust the 

the Twentieth of February, One Thousand Seven Ilun- Accouuts of 
dred and Eighty-two, to settle and adjust the Accounts wealth "o'^ite 
l)et\veen the United States and this Commonwealth, or perTons'^v^o 
anv of the Subiects thereof, shall be, and he hereby is cangiveinfor- 

•^ .) '^ ' J mation respect- 

authorized and empowered, in every Case where Doubt jng saw <ic- 
shall arise respecting the Truth of such Accounts, to cite 
before him, by Summons under his Hand and Seal, 
directed to the Sheriff of the County, his Deputy, or any 
Constable of the Town where such Witness may reside, 
such Person or Persons as may appear likely or qualified 
to oive Information concernins: the said Accounts, and him 
or them to examine upon Oath or AfiBrmation (as the to be examined 
Case may be) touching the same; which Oath or Affir- "''"" 
mation, the said Commissioner is hereby empowered to commissioner 
administer ; and the Sheriff, or his Deputy, or the Con- adrnfuTsTe'r^'the 
stable, shall be, and hereby are respectively empowered «'*™^- 

, ' . , ' i. 1 O -Al • +1 • Sheriffs to ex- 

and required to execute sucli Summons witliin tfieir ecute— 
respective Districts, and shall be entitled to receive the 
same Fees as are by Law established for like Services ; 
and each AVitness shall also receive the Fees and Allow- Fees by whom 
ance established by Law in like Cases, to be paid by the ^'" 
Party for the Validation of whose Accounts the said Wit- 
ness is necessarily called. 

And whereas by a Resolution of the United States in 
Congress assembled, passed the Twenty seventh of Febru- 



136 



1782. — Chapter 54. 



Same Powers 
vested in the 
Commissioner 
to be given to 
each of the five 
Commissioners. 



United states to 
commence any 
Action for the 
recovery of 
Debts. 



Proviso. 



aiy, One Thousand Seven Hundred and Eighty-two, five 
Commissioners are or 7nay be appointed under the Direc- 
tion of tlie Superintendent of Finance for the Settlement 
of Accounts in the several Departments of the Quarter 
Master, Commissary, Hospital, Cloathier and Marine: 
And ivhereas it is necessary that the Commissioners who 
are or may he so appointed, be empov:ered to call Witnesses 
and examine them, touching such Accounts as are to them 
respectively assigned for Settlement : 

Therefore, be it enacted by the Authority aforesaid. That 
all the Powers and Authorities which by this Act are given 
to the Commissioner for settling and adjusting Accounts 
between the United States and this Commonwealth be, 
and they hereby are given to each of the said five Com- 
missioners respectivelj', to be by them used and exercised 
in the same Manner as they are or may be used or exer- 
cised by the aforesaid Commissioner in like Cases. 

And be it further enacted by the Authority aforesaid. 
That the United States, by the Name of, The United 
States of America, shall be, and hereby are fully author- 
ized and empowered to commence and prosecute to final 
Judgment and Execution, in any Court within this Com- 
monwealth proper to try the same, any Action proper for 
the Recovery of any Debts, Dues, or Efi'ects, belonging 
to the said United States, of or from any Individual or 
Individuals in the said Commonwealth ; and may appear 
by their Commissioner, to whose Department the Cause 
of Action may pertain, or by any Attorney duly appointed 
by such Commissioner ; and shall have all the Privileges 
touching such Actions as any natural Person or Subject 
of this Commonwealth might have. Provided ahoays. 
That Depositions shall and may be used in all Cases 
referred to in this Act, in the Manner they are or may be 
used on like Occasions in Civil Causes. 

March 12, 1783. 



1782. — Chapter 54. 

[January Session, ch. 21.] 

ChaV' 54 ^■^ ^^^ ^^ ADDITION TO AN ACT, ENTITLED, " AN ACT FOR 
-^ * "^ APPREHENDING AND SECURING DESERTERS FROM THE CON- 

TINENTAL ARMY, AND FROM THE FLEETS AND ARMIES OF 
OUR ALLIES; AND FOR REPEALING ALL ACTS HERETOFORE 
MADE AND PASSED FOR THAT PURPOSE." 

Preamble. Whereas in and by the aforesaid. Act no Encourage- 

ment is given to such Militia Officers, Selectmen or Com- 



1782. — Chapter 54. 137 

mitleen, as shall apprehend and secure Deserters from the 
Continental Army , other than the Pay me) it of their reason- 
able Expences: 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same. That any Militia Officers, Select- Deserters 

, , , appreneDuecl bv 

men, or Committees of auy Town or Plantation, within Miiiua officers, 
this Commonwealth, where no Militia Officer is, who *^ *^' 
shall apprehend and secure any Deserter from the Conti- 
nental Army, and make Return thereof as in the said Act 
is provided, shall be entitled to receive out of the Public 
Treasury of this Commonwealth, the Sum of Six Pounds, Bounty. 
in Addition to the Payment of their reasonable Expences, 
for each Deserter by them apprehended and secured, as in 
the aforesaid Act is required. 

And whereas it often happens that Soldiers inlisted to 
serve in the Continental Army, and mustered by some 
Muster Master icithin this Commonwealth, desert from 
the Service before they a'rrive in Camp,, and are placed 
in any Regiment or Company : 

Be it further enacted by the Authority aforesaid, That 
there shall be paid out of the Public Treasury to such Deserters 

, r^ , '' apprehendca 

Muitia Officers, Selectmen, and Committees as aforesaid, before their 
and other Person or Persons, as shall apprehend and camp— the 
secure vSoldiers, who have, or shall have inlisted and been auowed!""'^ 
mustered, to serve in the Continental Army for any 
Town or Class within this Commonwealth, and deserted 
from the Service before their Arrival in Camp, the 
same Bounty and Payment of reasonable Expences, for 
each such Deserter by them apprehended and secured, as 
for those who desert after their Arrival in Camp ; which 
Sums, so paid, shall be charged to the United States, and 
an Account thereof transmitted by the Secretary of this 
Commonwealth, to the Secretary at War, in order that 
the same may be deducted out of the Wages of such 
Deserters. 

And whereas it likewise happens, that Persons, icho 
have inlisted and received Monies of Committees of Toivns, 
Heads of Classes, and Persons appointed by Classes to 
procure Soldiers, abscond or refuse to be mustered: 

Be it farther enacted by the Authority aforesaid. That 
whenever any Person shall inlist to serve as a Soldier, for Persons iniuted 

m /• rri' /• rri yn 'il • aI * and receive a 

any 1 erm or lune, tor any lown or Class witlim tnis Reward there- 
Commonwealth, and shall receive a Reward therefor, of ^^g-gon^. 



138 



1782. — Chapter 54. 



In such Cases 



any Committee of a Town or Plantation, Head of a Class, 
or Person or Persons appointed by any Class to procure 
Soldiers, and shall, after having so inlisted and received a 
Reward, abscond or refuse to be mustered, it shall be 
lawful, in every such Case, for an}^ Justice of the Peace 
within the County where such inlisted Person is suspected 
to be, upon the Application, in Writing, supported by 
the Oath of any Committee, Head of a Class, or Person 
or Persons appointed by any Class to procure Soldiers as 
aforesaid, of whom such inlisted Person received the 
Reward, to issue his Warrant, directed to the Sheriff of 
the said County, his Under Sheriff or Deputy, or some 
Constable of the Town where such inlisted Person is sus- 
pected to be, authorizing and requiring such Sheriff, 
Under Sheriff or Deputy, or Constable, to apprehend 
such inlisted Person, and him convene before some 
Justice of the Peace in and for the same County, to be 
examined and tried relating to the Matters alleged against 
him : And if upon Trial, it shall appear to the Justice that 
such apprehended Person did inlist and receive a Reward 
as aforesaid, the said Justice shall then, by Warrant 
under his Hand and Seal, direct and require some proper 
Officer to convey such inlisted Person to some Muster 
Master, to be mustered. 

And ivJiei'eas it is necessary that Provision should he 

made for aj)prehending Marines and Mariners that may 

desert from Ships or Vessels of War belonging to this 

Commommalth : 

Be it therefore further enacted by the Authority afore- 

Boiiiities given suid. That the same Bounties shall be 2:iven, and the same 

to Mlhlia Offi- T-i T.T ^^T•^• • /^n^ 

cersforappre- I'ayments made, and m the same Manner, to Militia Ofii- 
siarinels. ccrs, Selectmen, Committees of Towns and Plantations 

within this Commonwealth, and to all other Persons who 
shall apprehend and secure Marines or Mariners, who shall 
desert from any Ship or Vessel of War belonging to this 
Commonwealth, as by this and the aforesaid Act are given 
and made for apprehending and securing Deserters from 
the Continental Army. And all Persons who shall har- 
bour or conceal any Marine or Mariner, who shall desert 
as aforesaid, or who shall desert from any Ship or Vessel 
of War in the Service of the United States. And all 
Commanders of private Vessels, who shall inlist or carry 
off any such Marine or Mariner, shall be liable to all the 
Penalties to which, by the aforesaid Act, they are sub- 



1782. — Chapter 55. 139 

jected for harbouring, concealing, or carrying oft' any 
Soldier ^vho shall desert from the Continental Army ; to 
be recovered in the same Way and JNIanner as such Penal- 
ties, by the aforesaid Act, are recoverable. 

March 12, 1783. 

1783. — Chapter 55, 

[January Session, ch. 22.] 

AN ACT TROVIDING FOR THE PAYMENT OF COSTS IN CRIMINAL Cliaj). 55 

SUITS. ^ ' 

Whereas Witnesses and others necessarily concerned in preamble. 
tJie Prosecution of criminal Offenders, are equitably 
entitled to a reasonable Consideration for their Time and 
Expences iqjon such Occasions, as well ivhen the Party or 
Parties cJiarged shall be acquitted, as convicted; and no 
Provision being made by Law in such Cases : 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same, 'I hat in all criminal Prosecutions when Parties 
in the Supreme Judicial Court, and in the Courts of be°ordered to "" 
General Sessions of the Peace, when the Party or Parties g'a^o^rhen 
prosecuted, shall be ordered to go without Day, or when convict. 
lieing convict shall not have sufficient Goods or Estate to 
pay Costs of Prosecution ; in every such Case, it shall be in such cases. 
in the Power of the Court before whom such Acquittal or 
Conviction shall be, to tax such Costs for Court Charges, 
as the Case shall appear to require, not exceeding the 
Fees that are, or by Law may be stated ; and such Costs 
so taxed by the Courts of General Sessions of the Peace, 
shall be paid out of the respective County Treasuries. 
And such Costs, so taxed by the Supreme Judicial Court, 
shall be 'paid by the Sheriffs of the respective Counties, 
out of such Fines and Forfeitures as may have arisen and 
been incurred by Force of any Judgment or Sentence of 
such Court ; and allowance shall be made by the Treas- 
urer of the Commonwealth to the several Sheriffs for any 
Sums paid as aforesaid : And when and so often as it shall 
hai)))en that any Sheriff shall not have in his Hands any 
Monies received for Fines and Forfeitures as aforesaid, 
such Costs shall be paid out of the Public Treasury, by 
Warrant from the Governor, with Advice of Council, to 
the Sherift', or such other Person as the same Court shall 
direct. 



140 



1782. — Chapter 56. 



Court to tax 
Costs for Court 
Charges. 



And be it further enacted. That in all criminal Prosecu- 
tions in the Supreme Judicial Court, and in the Courts of 
General Sessions of the Peace, since the Twenty-seventh 
Day of J^me last, when the Party or Parties prosecuted, 
shall have been ordered to go without Day, or when 
having been convicted, shall not have had suflScient Goods 
or Estate to ]^ay Cost of Prosecution, it shall be in the 
Power of the Court before whom such Acquittal or Con- 
viction shall have been, to tax such Costs for Court 
Charges, as the Case shall appear to require, not exceed- 
ing the Fees or Cost by Law established ; and the Costs 
thus taxed, shall be paid in Manner as before in this Act 
is provided. ^ March 12, 1783. 



Chap, 



Preamble. 



Copy of the 
Records. 



Copy of the 
Proceedings of 
John Farnum 
& others. 



1783. — Chapter 56. 

[January Session, eh. 2-t.] 

0g AN ACT FOR CONFIRMING THE RECORDS OF THE PROPRIETORS 
OF A PLANTATION CALLED BRIDGETOX. 

Whereas the Bool' of Records of the Proprietors of a 
Plantation colled Bridgeton, wherein icere recorded the 
Bounds of the several Lots laid out therein, the JVames of 
the Persons by whom they were respectively drawn, and 
all public Votes and Transactions of said Proprietors in 
carrying forward the Settlement of said Plantation , on the 
Night of the second Day of October, one Thousand seven 
Hundred and Eighty, was consumed by Fire, by Means 
whereof qreat Loss and Damage may ensue to Individuals 
unless prevented by the Legislature : 

Be it therefore enacted by the Seriate and House of Rep- 
resentatives in General Court asse7nbled, and by the 
Authority of the same. That the Copy of the said Records, 
containing a List or Schedule of the paiticular Bounds of 
the several Lots laid out in said Plantation, and the Names 
of the original Owners thereof, with the Numbers of the 
Rights and Lots drawn for them respectively, as well as 
for Hai'vard College and other public Uses ; which Copy 
was accepted by the said Proprietors, at a legal Meeting 
notified for that Purpose, and held by Adjournment, on 
the Thirteenth Day of June, One Thousand Seven Hun- 
dred and Eighty-one : And that the Copy of the 
Proceedings of John Farnum, Moody Bridges, and 
Benjamin Stevens, junior, a Committee of the said Pro- 



1782. — Chapter 57. 141 

prietors, to make Sale of the Lands of delinquent 
Proprietors ; and that another Cojiy of the Proceedings 
of another Committee of the said Proprietors, who were 
afterwards appointed by them for the Purpose hist men> 
tioned, W'liich is signed by Reuben Burnam and Enoch 
PerJey, (both which hist mentioned Copies the before 
named Conmiittees have res])ectively sworn to be true, 
according to their best Remembrance, before two Justices 
of the l*euce quorum unus) shall be received as true to be received 

,^ . I' ,^ • • • IT-. 1 T •!• il as true Copies 

Copies or their original Kecord, and avail in the same of their original 
Manner as the said Original might have done. 

And he it further enacted by the Authority aforemid, That 
a Declaration of certain Votes and Proceedings of the said feltJ^^n^votes^ 
Proprietors, which is made in a Petition to this Court, &c., of the Pro- 

T 1 T^ . . TT- T IT T 7 CI 1 TT 7 pnctors to be 

Signed by Benjamin Rimball, Jacob ^^tevens, and Enoch good & valid. 

Perley, a Committee of the said Proprietors, as well as 

the Copies beforementioned (all which are on File in the 

Secretary's Office) shall be held to be good and valid in 

Law, to all the Purposes for w4iich the original Records 

of the said Proprietors might or would have been, had 

not the same been burnt. March 13, 1783. 



1783. — Chapter 57. 

[January Session, ch. 25.] 

AN ACT FOR APPOINTING THE TIMES AND PLACES FOR HOLD- (Jh(ip- 57 
ING THE SUPREME JUDICIAL COURT. '' ' 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Aidhority of 
the same. That from and after the First Day of January, Times and 
One Thousand Seven Hundred and Eighty-three, and hoidfugsu- 
until the General Court shall otherways order and direct, Pj'a^i^^ourt^!' 
the Times and Places for holding a Supreme Judicial 
Court shall be as follows, viz. 

At Boston, within and for the County of Suffolk, on 
the third Tuesday of February, and the last Tuesday of 
Aufiust. 

For the County of ^.s.sex, at Ipswich, on the third Tues- 
day in June; at Salem, on the first Tuesday oi November. 

For the County of Middlesex, at Cambridge, on the 
last Tuesday of October ; and at Concord, on the second 
Tuesday of April. 

For the County of Hampshire, at Northampton, on the 



142 



1782. — Chapter 57. 



last Tuesday of April; and at Springfield, on the fourth 
Tuesday of Sepiemher. 

For the County of Plymouth, at Plymouth, on the 
third Tuesday of May. 

For the Counties of Barnstable and Dukes County, at 
Barnstahle, in the County of Barnstable, on the Wednes- 
day next preceding the third Tuesday of May. 

For the County oi Bristol, at Taiuiton, on the Tuesday 
preceding the hist Tuesday of October. 

For the County of Yo^k, at York, on the fourth Tues- 
day of June. 

For the County of ]Vorcester, at Worcester, on the 
Tuesday next preceding the last Tuesday of April, and 
on the third Tuesday of /September. 

For the Counties of Cumberland and Lincoln, at Fal- 
mouth, in the County oi Cumberland, on the Tuesday next 
following the fourth Tuesday of June. 

For the County of Berkshire, at Great Barrington, on 
the first Tuesday in October next, and no longer; and 
after the first Day of January, One Thousand seven Hun- 
dred and Eighty-four, at Lenox, on the first Tuesday in 
October. 

And be it further enacted, That all Appeals from the 
Supreme Judi- Court of General Sessions of the Peace, and from the 

cial Court al ^^ 

Court of Common Pleas of the County oi Nantucket ; and all 
Judgments, Orders and Determinations of the said Courts, 
for the County of JSfantucket, that may l)e removed by 
Certiorari, Writ of Error, or otherways, into the Supreme 
Judicial Court, shall be heard and determined at the 
Supreme Judicial Court, at Boston, on the last Tuesday 
of August. 

And he it further enacted by the Authority aforesaid. 
That all Writs, Recognizances, Warrants and Complaints, 
and every other Thing that should, or may be returned 
to, or entered at the Court aforesaid, to be holden at the 
Times and Places heretofore appointed : And all Parties 
and Persons that by Law are, or may be required or 
directed to appear or attend at the aforesaid Times and 
Places ; and all Actions, Suits and Matters that now are, 
or may be pending in the same Court, shall be returned 
to, entered, appear and attend, have Day, be tried and 
determined in the said (^ourt, at the respective Times and 
Places established by this Act. 

Provided nevertheless, and he it enacted, That the Time 



All Appeals to 
be heard at the 



Boston. 



WritH, &c., re- 
turnable. 



Proviso. 



1782. — Chaptek 58. 143 

for the next holding the Supreme Judicial Court, in the 
County of Worcesfer, shall be on the third Tuesday of 
April next ; any Thing in this Act to the contrary not- 
withstanding. March 14, 1783. 



1783. — Chapter 58. 

[January Session, ch. 26.] 



iSE OF SECURING TO AUTHORS THE (J]n,i^ 5g 
ID BENEFIT OF PUBLISHING THEIR ^ ' 



AN ACT FOR THE TURPOSE 
EXCLUSIVE RIGHT ANl 
LITERARY PRODUCTIONS, FOR TWENTY-ONE YEARS. 

Wliereas the Improvement of linotdedr/e, the Tror/ref<f< Preamble. 
of Civilization, the jmblic Weed of the Community, and 
the Advancement of Human Happiness, greatly dejjend on 
the J^f arts of learned and ingenious Persons in the various 
Arts and Sciences: As the principal Encouragement such 
Persons can have to mahe great and beneficial Exertions 
of this Nature, must exist in the legal Security of the 
Fruits of their Study and Industry to themselves ; anel as 
such Security is one ef the nafured Rights of all Men, 
there being no Property mejre peculiarly a Man's oicn than 
that which is produced by the Leibemr ef his Mind : 

Therefore, to encourage learned and ingenious Persons 
to write useful Books for the Benefit of Mankind, 

Be it eneicted by the Senate and House of Representet- 
tives in Genercd Court assembled, anel by the Authority oj 
the same, That all Books, Treatises, and other Literary Rooks, &o. 
"Works, having the Name or Names of the Author or ertV°f'' '°^ 
Authors thereof printed and puljlished with the same, ^•^'*^°''^- 
shall be the sole Property of the said Author or Authors, 
being Subjects of the United States of America, their 
Heirs and Assigns, for the full and compleat Term of 
Twenty-one Years, from the Date of their first Publication. 

Anel be it further enacteel by the Aidhority aforesaid, 
That if any Person or Persons shall print, re-print, pub- P.e';son8 pro- 

,. , ,, "^ ^ , in 1 • i 1 hibited print- 

lish, sell, or expose to bale, or snail cause to be prmted, ina, &c.any. 
re-printed, published, sold, or exposed to Sale, any Book, d'u^cuons. 
Treatise, or other Literary Work, not yet printed, writ- 
ten by any Subject of the United States of America, 
Avhose Name, as Author, shall have been thereto prefixed, 
without Consent of the Author or Authors, or their 
Assigns, during said Term, shall forfeit and pay a Sum not Penalty. 
exceeding Thi-ee Thousand Pounds, nor less than Five 



144 1782. — Chapter 59. 

Pounds, to the Use of such Author or Authors, or their 
Assigns ; to l)e recovered by Action of Debt in any Court 
Proviso. of Record proper to try the same. Provided always, 

That every Author of such Book, Treatise, or other Lit- 
erary Work, shall, in Order to his holding such sole 
Property in them, present two printed Copies of each and 
every of them to the Library of the University at Cam- 
bridge, for the Use of the said University ; and prior to 
his Recovery of the said Forfeiture, or any Part thereof, 
shall produce, in open Court where such Action shall be 
tried, a Receipt of such Book, Treatise, or other Liter- 
ary Work, from the Librarian of the said University for 
the Time being. Pi'ovided also, That this Act shall not 
be construed to extend in Favor or for the Benefit of any 
Author or Authors, Subject or Subjects of any other of 
the United States, until the State or States of which such 
Authors are Subjects, shall have passed similar Laws, 
for securing to Authors the exclusive Right and Benefit 
of publishing their Literary Productions. 

March 17, 1783. 

1783. — Chapter 59. 

[January Session, ch. 27 ] 

Chan. 59 -^.n act for establishing and confirming a certain 
' ' instrument, as the last will and testament of 

nicholas gardner. 

Preamble. WJiereas it appears to (his Court that Nicholas Gard- 

ner, o/" Boston, in the County of Suffolk, being mor^tally 
loounded by the Enemy, did, on the Thirteenth Day of 
June, in the Year One Thousand Seven Hundred and 
Eighty tioo, make and sign a certain Instrument in Writ- 
ing, which he intended for his last Will and Testament; 
but from the peculiar Circumstances he was then under, 
and from want of Council to advise him in the Forms and 
Requisites by the Laws of this Commonwealth jjrescribed 
for the executing of Wills and Testaments, the said 
Nicholas caused the said Instrument to be witnessed by 
only two Persons: And whereas the said Instrument 
appears to have been agreeable to the Intention of the said 
Nicholas at the Time of his Death, and in all Respects, 
except the Witnessing of the same, conformable to Law : 

Re it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 



1782. — Chapter 60. 145 

Authority of the same, That the said Instrument be, and Ga|Ij°ef**^'^°'^* 
hereby is established and confirmed as the Last Will and confirmed. 
Testament of the said Nicholas Gardner, and made valid 
and binding upon all Persons concerned therein ; and the 
Judge of Probate of Wills, for the County of Suffolk, is 
hereby directed to proceed thereon in the same Manner 
as though the same had been executed accordins; to Law ; 
the Execution thereof being attested by only two Witnesses 
notwithstanding. March 19, 1783. 



1782. — Chapter 60. 

[January Session, ch. 28.] 



AN ACT FOR PREVENTING THE UNNECESSARY DESTRUCTION 
OF SHAD, ALEWIVES, AND OTHER FISH, IN CATHANCE AN 



;S Chcqi. 60 

ABAGADESSET RIVERS, IN THE TOWN OF BOfVDOIXHAM. 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assembled, and hy the Authority 
of the same. That from and after the first Day of April, Persons pro. 
one Thousand seven Hundred and Eighty-three, no Per- ingFish." 
son or Persons whatsoever, shall, on any Pretence, stretch, 
set or draw any Seine, or Drag-Net, or set up any Wares, 
or other Fishing Engines in any Part of Cathance or 
Ahagadesset Rivers, within or adjoining to the Town of 
Boicdoinham, or use any Instrument for catching Fish 
other than by Dip-Nets, Scoop-Nets, or Hooks and Lines, 
on Penalty of ten Pounds for each Offence, to be paid by Penalty. 
each Person convicted of taking PMsh in either of the 
Methods forbidden Iw this Act. 

Provided nevertheless, and be it further enacted by the Proviso. 
Authority^ aforesaid. That it shall be lawful for the Town 
of Bou'doinham, at any Meeting legally assembled, to 
grant Licence for catching Fish Avithin the said Town, and 
in such Part of the said Rivers on which it bounds, and 
under such Restrictions, respecting Time, Place, and 
other Circumstances, as at the said Meeting, shall be 
judged necessary for the Public Good in the due Preser- 
vation of the Fish aforesaid ; and the Persons thus 
licenced, previous to the Catching of the said Ush by 
Seines or Drag-Nets, shall not be subjected to the Pen- 
alties aforesaid. 

And l)e it further enacted by the Authority aforesaid, Pro^secutions to 
That all Prosecutions for Breach of this Act shall be by dictmcnt. 



146 



1782. — Chapter 61. 



Penalties to 
whom paid. 



Persons under 
Age convicted. 



Parents or 
Masters liable to 
pay the 
Penalty. 



Limitation. 



Indictment, in the Court of General Sessions of the Peace, 
in the County of Lincoln; and the Penalties accruing 
thereby, shall be one Half to the said Town of Boivdoin- 
ham^ and the other Half to him or them that shall give 
Information to the Grand Jury of the same. 

And be it farther enacted hy the Authority aforesaid. 
That if any Person under the Age of Twenty-one Years, 
shall be duly convicted of any Offence against this Act, 
the Parent or Master of such Person, shall be liable and 
obliged to pay the Penalty aforesaid ; the said Parent or 
Master having due Notice of the Complaint before the 
Trial thereon. 

This Act to be in Force for five Years from the first 
Day of April next aforesaid, and no longer. 

March 20, 1783. 



Chap. 



1783. -Chapter 61. 

[January Session, ch. 29.] 

n^A AN ACT MORE EFFECTUALLY TO ENABLE CONSTABLES AND 
COLLECTORS OF TAXES TO COLLECT ASSESSMENTS IN CER- 
TAIN CASES. 

Preamble. Wkereas Towns, Districts and Plantations, in certain 

Instances are hy Law authorized to assess the Inhabitants 
adjacent to such Toivns, Districts and Plantations, tlieir 
Proportion of the public Taxes. And ivhereas Doubts 
have arisen and may hereafter arise, whether Constables 
and Collectors are by Law authorized to coinmand Assist- 
ance ivhen out of the Limits of their respective Toionsf 
Therefore, 

Be it enacted by the Senate and House oj Representa- 
tives in General Court assembled, and by the Authority 
Constables & of the samc. That when and so often as any Constable or 
in°g any°Li8t'o'f CoUcctor of public Taxcs shall have any List of Assess- 
Assessments. y^^Q^^\^ to hiui Committed, in which List shall l)e named and 
legally assessed, in any Sum or Sums, any Person or 
I'ersons not Inhabitants of the Town, District or Planta- 
tion to which such Constable or Collector belongs, in 
In such Cases, cvcry sucli Casc it shall and may be lawful for any such 
Constable or Collector to require and command any Per- 
son or Persons within the Limits of their respective 
Towns, Districts or Plantations, to assist such Constable 
or Collector, in the Collection of the Taxes assessed as 



1782. — Chaptek 62. 147 

aforesaid, on any of the Inhabitants of any such adjacent 
Lands, and such Constable or Collector may and hereby 
is also fully authorised to require and command any of 
the Inhabitants of the aforesaid Lands adjacent, to assist 
him in collecting any such Assessment as aforesaid. 

Ajid be it further enacted by the Authority aforesaid. 
That if any Person or Persons when thereto required, shall P'^ifons rcfug- 
reruse or neglect to aid and assist any Constable or Col- Btauesor 
lector requiring such Aid, he or they so refusing or 
neglecting, shall be, and hereby are made lial)le to and 
shall pa}^ the same Penalties to be recovered and disposed Penalty. 
of in the same Manner as by Law is provided in Case of 
refusing to assist Constables or Collectors when thereto 
required within the Limits of their respective Towns. 

March 20, 1783. 



Con- 



1783. — Chapter 62. 

[January Session, cb. 30.] 

AN ACT TO EMPOWER THE CORPORATION OF HARVARD COLLEGE 
TO MAKE A LEGAL CONVEYANCE OF A CERTAI^^ LOT OF LAND, 
BEING THE PROPERTY OF THE SAID COLLEGE. 



Chap. 62 



Whereas John Peabody has made Application to the Preamble. 
Legislature to empower the Corporation o/Harvard College 
to make him a lawful Deed of certain Land belonging to 
the said College; which Land, it appears, the Corporation 
and Overseers of the said College, have agreed shall be 
conveyed to the said Peabody, on certain Conditions : 

Be it therefore enacted by the Senate and House of Rep- 
resentatives in G'-neral Court assembled, and by the 
Authority -rf the same. That the Corporation of Harvard H°'jP°j;f/coiie^e 
College, be, and they hereby are empowered to make and to execute a 
execute to John Peabody, his Heirs and Assigns, a ii'ood of Land to j. 
and lawful Deed of the Lot of Land Number Two, in the ^""^°''^- 
Twenty-fourth Range in the Plantation called Bridgeton, 
on his, the said Peabody^s performing the Conditions 
which by the said Corporation and Overseers have been 
required of him ; and a formal Deed of the said Lot of 
Land that shall be made and executed by the President 
and Fellows of Harvard College, or in such Manner as 
they shall direct, shall be forever held to be good and 
valid in Law. March 20, 1783. 



148 



1782. — Chapter 63. 



Chaj). 



Preamble. 



Law8 enforcing 
the Regulation 
of the Militia 
repealed, ex- 
cepting — 



Proviso. 



Persons neg- 
lecting their 
Duty, to for- 
feit any Sum 
affixed by the 
Law, to such 
Officers. 



How recovered, 



1782. — Chapter 63. 

[January Session, oh. 31.] 

03 AN ACT IN ADDITION TO AND FOR ALTERING AND AMENDING 
AN ACT, ENTITLED, " AN ACT FOR FORMING AND REGULATING 
THE MILITIA WITHIN THE COMMONWEALTH OF MASSACHU- 
SETTS, AND FOR REPEALING ALL LAWS HERETOFORE MADE 
FOR THAT PURPOSE." 

Wliereas it is found uecessary that the Mode preseribed 
by the said Act for the Recovery of Fines or Penalties, 
should be altered: 

Be it therefore enacted by the Senate and House of Rep- 
resentatives in General Court assembled, and by the 
Authority of the same. That each and every Paragraph, 
or Part or Clause of a Paragraph, contained in the said 
Act, which directs the Manner in which the Fines or 
Penalties incurred by any Person belonging to the Train- 
Band or Alarm List, in Consequence of a Violation of the 
said Act, shall be recovered, be, and hereby is, so far as 
relating to the Recovery of the said Fines and Penalties, 
repealed, and declared null and void, excepting such Fines 
and Penalties as exceed the Sum of Forty Shillings. 

Provided nevertheless, That all Actions and Processes 
commenced and depending in an}^ Court within this Com- 
monwealth upon or by Force of the said Act, shall and 
may be sustained and prosecuted to final Judgment and 
Execution. 

And be it further enacted by the Authority aforesaid, 
That w^hen any Person belonging to the Train-Band or 
Alarm List, shall by Neglect of Duty, by not appearing, 
or by not being duly equipped with Fire Arms, and all 
such other Accoutrements as the said Law directs, or by 
Disobedience of Orders, or by Disorder on a Training or 
Muster Day, forfeit any Sum of Money set and afiixed by 
the said Law to such oflences, or either of them, the same 
shall be recovered in Manner tbllowing, — that is to say, 
— The Clerk of the Company to which such Oftender 
shall belong, shall within sixty Days after such Offence 
be committed, make Complaint thereof, and of all Matters 
of Substance and material Circumstances attending the 
same, to some Justice of the Peace in the County where 
such Oftender shall live, who shall make a Record thereof, 
and shall issue a Summon to the Party complained of to 
be served at least seven Days before the Time of Trial, 
in the Form following, mutatis mutandis. 



1782. — Chapter 63. 149 



Commonwealth of Massachusetts. 



[l.sJ ss. To C. D. of in the County Form of the 

of, YOU are hereby notified to appear before E. "'^"°°*" 

F. one of the Justices of the Peace for the County afore- 
said, at on at the Hour of then and 
there to shew Cause, if any you have, why a Warrant of 
Distress shall not issue against you for {here insert the 
Complaint.) Hereof fail not at j^our Peril. 

Given under my Hand and Seal, the Day of 
17 E. F. Justice of the Peace. 

And when the said Party shall by himself or Attorney, Party's up. 
appear accordingly, he may plead the General Issue, and thrGTene^aV'"* 
give any special Matter in Evidence ; and if the said ^**"®~ 
Party shall make Default, or if Judgment shall be given 
against him, and he shall neglect for four Days to satisfy 
the same and legal Costs, then the said Justice shall issue 
his Warrant of Distress, under his Hand and Seal, in 
Form following, mutatis mutandis. 

Commonwealth of Massachusetts. 

[ls.] ss. To the Sherift' of the said County, Formofa 

or his Deputy, or any or either of the Constables of the 
Town of within the same. Greeting. 

Whereas C. D. of upon the Day of 

being then a private Soldier in the Train-Band, (as the 
Case may be) of the Company of Foot in the 
Regiment of Militia, in the County of was duly 

notified to appear upon the day of at 

in the Town of in the County aforesaid, with his 

Arms and Accoutrements, as directed by an Act of the 
General Court, entitled, " An Act -{here recite the Title) 
And the said C. D. in Violation of the Law of this Com- 
monwealth, in that Case made and provided, did unnec- 
essarily fail to appear, (or did not appear equiped, as the 
Case may be) whereby he hath forfeited and ought to 
pay the Sum of to the Uses in the same Act pro- 

vided ; and the said C. D. being duly notified to appear, 
before me, E. F. one of the Justices of the Peace for the 
County aforesaid, to shew Cause, if any be had, why a 
Warrant of Distress should not be issued for the same 
Fine, did not appear, or appearing did not shew sufficient 
Cause why the same ^Varrant should not be issued (as 
the Case may be) You are therefore, in the Name of the 



150 



1782. — Chapter 63. 



Commonwealth of Masf^achusetts , commanded forthwith, 
of the Goods or Chattels of the said C. D. within 3'our 
Precinct, to levy by Distress and Sale thereof, the Sum 
aforesaid, with for Costs of Suit ; and also 

for this Writ, together with your own Fees ; and for 
AVaut of such Goods or Chattels of the said C. D. to be 
by him shewn unto you, or found within your Precinct 
you are commanded to take the Body of the said C. D. 
and him commit to the common Goal in in the 

County aforesaid : And the Keeper thereof, is hereby 
commanded to receive the said CD. into the said Goal, 
and him safely keep until he pay the Sum aforesaid, 
together with legal Fees and Costs ; or until he be other- 
wise discharged by Order of Law. And you are to make 
Return of this Warrant, with your Doings therein, unto 
myself, within twenty Days next coming : For which this 
shall be j^our sufficient Warrant. Hereof fail not. 
Given under my Hand and Seal, the Day of 

in the Year of our Lord, 17 

E. F. Justice of the Peace. 



Proviso. Provided always, That when any Person shall appear 

before the Justice upon Notification as aforesaid, and 
shall Claim an appeal to the Court of Common Pleas, next 
to be holden in the same County, the same shall be 
granted upon his recognizing with Sureties to prosecute 
his Appeal, and to pay whatever Fine, Costs and Fees 
shall be adjudged against him at the same Court ; which 
Recognizance shall be taken to the Clerk of the Company 
to which such Appellant belongs, and shall be acknowl- 
edged before and ceitified by the Justice in the same 
Manner as Recognizances are in Appeal from a Justice of 
the Peace, and no further Appeal shall be allowed from 
the said Court of Common Pleas. 

And he it further enacted by the Authority aforesaid, 

Judgment to be That if Judgment shall be rendered against such Ai^pel- 

3 Times the "^ cd ^ l 

Fine. lant in such Court of Common Pleas, the Judgment shall 

be three Times the Sum of the Fine set and affixed in the 
said Act, with additional Cost. 

And wliereas the Time limitted in the said Act for the 

Election of Militia Officers hath expired, and yet many 

Goraimnies of Militia have not elected their Officers, by 

Reason of their not having been duly notified to assemble 

for the said Purpose : 



Preamble. 



1782. — Chapter 63. 151 

Be it therefore enacted by the Authority aforesaid. That 
the Governor be, and he hereby is authorized and Goven.oi to 

. ' /> I II- issue Orders foi- 

empowered to issue his Orders tor "the assembhng such Agsembiing 

Companies of Militia within this Commonwealth, as have °™P''°'*'*~ 

not as yet elected Oflacers, by Reason of their not having 

been duly notified to assemble for the said Purpose. 

And such Companies as shall not, within ten Days after 

they shall have received Notice agreeable to such Orders, 

assemble and elect their Officers agreeable to the said Act, 

so that Returns thereof may be made, shall be considered 

as having neglected or refused to elect their Officers, in 

the Sense of the Constitution, and their Officers shall be 

appointed accordingly . 

And he it further enacted by the Authority aforesaid, 
That the Governor shall be, and he hereby is empowered ,^8,^e order°8 to 
to issue his Orders to such Officer or Officers as he shall proper officers. 
judge proper to assemble the Electors, and to preside at 
the Election of Captains and Subalterns in any Companies 
of Field Officers in any Regiment, and of the Brigadier 
in any County where the Elections have not been made in 
Pursuance of the said Act ; and the Officer who shall 
receive such Orders shall within ten Days after any Elec- 
tions, at which he shall preside, make Return to the Aremm. 
Governor, of the Names and Places of Abode of the 
Officers elected. 

And be it further enacted by the Authority aforesaid, 
That when any commanding Officer of a Company shall Ja'jfiiJ^''o"uT'' °^ 
think lit to call his Company together for the Purpose of MiiuiaCom. 
^lilitary Discipline, he shall issue his Orders therefor to 
one or more of his Non-commissioned Officers, if he shall 
have any, otherwise to one or more of the private Soldiers 
belonging to his Company, directing him or them to 
notify and warn the said Company, to appear at such Time 
and Place as shall be appointed, and with such Arms and 
Accoutrements as shall be mentioned in the said Orders : 
and the Non-commissioned Officer or Officers, or other 
]*erson or Persons who shall receive such Orders, shall 
give Notice of the Time and Place appointed for, and of 
the Arms and Accoutrements to be carried to the said 
]Muster, to each and every Person he or they shall be 
directed to warn, either verbally or by leaving a written 
Notification thereof, at the usual Place of Abode, of the 
Person thus to be notified : And no Notice shall be deemed 
legal for Musters for the Purpose of common and ordi- 



152 1782. — Chapter 64. 

nary Military Exercises, unless it shall be given four 
Days at least before the Time appointed therefor. 

And be it further enacted by the Authority aforesaid. 
That the Testimony of any Non-commissioned Officer or 
other Person, under Oath, who shall have received Orders 
agreeable to Law, to notify and warn any Company to 
appear at a Time and Place appointed for a Muster, shall 
be sufficient to prove that due Notice shall have been 
given to the Party against whom Complaint may be made, 
unless such Testimony shall be invalidated by other suffi- 
cient Evidence. March 21, 1783. 



1783. — Chapter 64. 

[January Session, ch. 32.J 

Char) 64 ^^^^ ^^"^ laying an impost on certain goods, wares and 
^ * merchandize. 

Preamble. Whereas it is of the highest Consequence that every sal- 

utary Measure be adojHed to retrieve and establish the 
public Credit, and to enable Goveinirnent to do Justice to 
their numerous Creditors: And whereas the Measures 
already taken are not sufficiently productive to accomplish^ 
this important Purpose : 

Be it therefore enacted by the Senate and House of 

Representatives in General Court assembled, and by the 

Jg^° ^ H'*'^ P«^ Authority of the same, That from and after the tenth Day 

Impost to be oi April ucxt, thcrc shall be paid an Impost of 2\co and 

paid on Foreign 7=^7/- ^ -it ^ rn- i -ni 

Articles. au Half per Centum, ad valorem, at the lime and Place 

of Importation on all Goods, Wares and Merchandize of 
European and India Growth and Manufacture (on which 
no Duty or Excise is laid hj any Act of this Common- 
wealth now in Force) that shall be imported b}^ Land or 
Water from any foreign Port, Island or Plantation, or 
any other State whatever, into this State, and landed 
within the same ; which Impost shall i)e collected by the 
same Officers, in the same Manner, and under the same 
Regulations as are prescribed in an Act passed the eighth 
Day of November, one Thousand seven Hundred and 
Eighty-two, for repealing certain Acts therein recited, 
and for raising a certain Revenue, by Excise, on certain 
Articles therein mentioned, for the Payment of Interest 
on Government Consolidated Securities, and other Pur- 
poses therein specified ; and in another Act made in 



1782. — Chapter 65. 153 

Addition thereto, at the present Sitting of the General 
Court ; and each and every Chiuse of the before recited 
Acts, which determine the Powers of tlie Officers therein 
named, and which respect the Regahitions and Manner of 
collecting the Excise and Duties therein levied, and the 
Manner of determining the Value of the Articles therein 
enumerated, shall extend to the Impost laid by this Act, 
in as full and ample a Manner as they do to the aforesaid 
Excise and Duties. 

Provided nevertheless, and be it further enacted by the Proviso. 
Authority aforesaid, That no Clause in the beforemen- 
tioned Acts, which respects such Articles as shall be 
exported out of this State, shall extend or be construed to 
extend, to the Goods, Wares, and Merchandize expressed 
by this Act : And no Discount or Remission of the 
Impost levied by this Act, shall be allowed on the afore- 
said Goods, Wares or Merchandize, after being entered 
or landed in any Place within this Commonwealth, on 
Account of their being exported or intended for Expor- 
tation out of the State, or on an}^ other Account whatever. 

And be it further enacted by the Authority aforesaid. 
That the Monies arising from this Act, shall be paid and fp°p"^''^,^°^d. 
appropriated for the Purposes expressed in the Acts 
herein before recited. 

This Act shall continue and be in Force until Six Li-niiation. 
Months after Peace shall be proclaimed by Congress, and 
no longer. March 22, 1783. 



1783. — Chapter 65.* 

AN ACT FOR APPORTIONING AND ASSESSING A TAX OF TWO ChaV. 65 
HUNDRED THOUSAND POUNDS. 

^Hiereas the United States in Congress assembled, have ^^^^^^^ 
called upon the Stales respectively, to furnish their propor- 
tion of Eight millions of Dollars, for defraying the 
charges of carrying on the War this present year; and 
have estimated the proportion of this Commonwealth to be 
One million three hundred and seven thousand five hun- 
dred and ninety six Dollars to be paid in quarterly 
payments — And whereas the General Court of this Com- 
monicealth have by an act p)assed in the Year of our 
LORD One thousand seven hundred and eighty tivo, 

* Not printed in the Session Pamphlet. 



154 1782. — Chapter 65. 

£200,000. apportioned and Assessed on the Polls and Estates of the 

Inhabitants of this Commomvealth a p>ttrt of the said sum: 
Therefore, for fully compleating this requisition it becomes 
indispensibly necessary that a Tax q/'Two hundred thou- 
sand Pounds should be granted at this time for fully com- 
pleating the payment of the same, and that the same should 
be paid into the Treasury of this Commonwealth as is 
hereafter directed : 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority of 
the same, That each Town and other Place within this 
Commonwealth, be assessed and pay as such Towns and 
other Places Proportion of the Sum of Two Hundred 
Thousand Pounds, the following Sums set against them 
respectively, viz. 



1782. — Chapter 65. 



155 



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Tax of £200,000. 



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Pi 

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02 
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168 1782. — Chapter 65. 

" 0,000. jIji(2 5e it further enacted by the Authority aforesaid, 
That the Treasurer of this Commonwealth, do forthwith 
send his Warrants, directed to the Selectmen or Assessors 
of each Town or other Place, within this Commonwealth, 
that are taxed, requiring them respectively, to assess the 
Sum herebj^ set upon such Town or other Place, in Man- 
ner following, That is to say, To assess all the Male Polls 
above the age of sixteen Years, within their respective 
Tow^ns, or other Places next adjoining to them, belonging 
to no other Town or Place, includino; Negroes and Molat- 
toes, and such of them as are under the Government of a 
Master or Mistress to be taxed to said iVIaster or Mistress 
respectively, in the same Manner as Minors and Appren- 
tices are taxed, at Sixteen Shillings and Eight Pence 
each : and the Eemainder of the sum set to each Town 
or other Place, after deducting the Sums assessed to the 
Polls as aforesaid, on the Inhabitants of the said Town or 
other Place as aforesaid, according to the just Value of 
the whole Real Estate by each Inhabitant of such Town 
or Place respectively possessed on the Fifteenth Day of 
November, One Thousand seven Hundred and Eighty-Two, 
in his own Right, or in the right of others, Ij'ing within 
said Town or Place, improved, or not improved, and on 
the non-resident Possessors of Real Estate lying within 
said Town or Place, in their own Right, or right of others, 
improved or not improved, saving all agreements between 
Landlords and Tenants ; and where no agreement is, the 
Landlord to reimburse one half of the Tax ; and also on the 
Inhabitants of such Town or Place, according to the Pro- 
portion of the amount and just Value of their whole Per- 
sonal Estate, including Money at Interest more than they 
pay Interest for (excepting such Monies as are lent to 
Government, and by an Act of Government, exempted 
from Taxation) Monies of all Kinds in Hand, and also 
the Amount of the just Value of all Goods, Wares or 
Merchandize, Stock in Trade, Vessels of all Sorts, with 
their stores, appurtenances and appendages, plate, horses, 
oxen and cattle of all sorts and ages, sheep, swine, and 
grain, of all sorts and kind of produce of the land, and 
all other property whatsoever, excepting household-furni- 
ture, wearing-apparel, forming utensils, and the tools of 
mechanics, on the fifteenth da}^ of November instant. 
And the Assessors, in their respective towns or other 
places, shall estimate all the before enumerated articles at 



1782. — Chapter 65. 169 

six per cent, upon the real value of the same, in the places Tax of £200,000. 
where they are (except unimproved lands, which shall 
be estimated at two -per cent, only) and on the amount of 
their income from any profession, faculty, handicraft, trade 
or employment, and also on the amount of all their incomes 
and i)rotits gained l)y tradino; l)y sea and on shore. And 
the Treasurer, in his said warrant, shall likewise require 
the assessors to make a fair list of the said assessment, 
setting forth, in distinct columns, against such person's 
name, how much he or she is assessed at for polls, and 
how much for real estate, and how much for personal 
estate, and how much for faculty, and income by trade 
as aforesaid ; and if as guardian, or for any estate in his 
or her improvement in trust to be distinctly expressed : 
And shall also insert upon their rate bills, the number of 
acres of unimproved land which they have taxed to each 
of the non-resident proprietors of land within their 
respective towns ; and also the real value at which they 
have estimated the same. And the list or lists so per- 
fected and signed by them, or the major part of them, 
to commit to the Collector or Collectors, Constable or 
Constables of any such town or place, and to return a 
certificate of the name or names of such Collector or Col- 
lectors, Constable or Constables, with the sum total to 
each of them committed, unto himself, some time before 
the fifteenth day of January next : And on failure thereof, 
each Assessor so refusing or neglecting his duty herein, 
shall be subject to pay a fine of ten pounds to be recovered 
by executions from the Treasurer of this Commonwealth 
for the time being, which fine shall be paid into the 
Treasury of this Commonwealth for defraying the public 
charofes : and in case of neglect of the Assessors in makinoj 
returns as aforementioned, the Treasurer of this Common- 
wealth is hereby impowered and directed to send his 
executions accordingly, unless the. Assessors shall make 
it appear that the rate bills were compleated and delivered 
to the Collectors before the said fifteenth day of January. 
And the Treasurer for the time being, on the receipt of 
such certificate, is hereby empowered and directed to 
issue forth his warrants, to the Collector or Collectors, 
Constable or Constables of such town or place, requiring 
him or them respectively to collect the whole of the 
respective sums assessed on each particular person, and 
to pay in one moiety of their collections by the first day 



170 1782. — Chapter 65. 

Tax of £200,000. of MavcJi iiext, and the other moiety by the first day of 
June next. 

Provided nevertheless, That the following persons, viz. 
the President, Fellows, Professors, Tutors, Librarian, 
and the Students of Harvard College, who have their 
usual residence there, and settled Ministers of the Gos- 
pel, Grammar-School-Masters, and Indians, are not to be 
assessed for their polls or for their estates, under their 
actual management and improvement. And also all 
persons who have the management and improvement 
of the estate of Harvard College, are not to be assessed 
for the same ; and if there are any other persons who 
through age, infirmity, or poverty, are unable to pay, 
as others, towards the public charges, or any Widows or 
Orphans, who depending on the interest of their money 
for subsistance, have by the state of the currency been so 
reduced, as that in the judgment of the Assessors they 
ought to be relieved in their taxes ; in any such case, the 
Assessors may exempt their polls or estates, or abate any 
part of what they are set at, as they on their oaths shall 
think just and equitable. And the Justices in their ses- 
sions in their respective counties assembled, in appor- 
tioning a County tax, or assessment, are hereby ordered 
and directed to apportion the same on the several towns 
and other places in such county, in proportion to their 
tax. And the assessors in each town in this Common- 
wealth, are also directed in making a town or county tax 
or assessment, to govern themselves by the same rule. 
And wdiere no person appears to discharge the taxes on 
non-resident proprietors of unimproved lands to the Col- 
lectors, he shall publish in one of the Boston news-papers, 
viz. Willises Independent Chronicle, three weeks succes- 
sively, the names of all such proprietors where they are 
known, with the sum of the taxes assessed on their lands 
respectively, and also the time and place of sale ; and 
where they are not known, he shall in the same manner, 
publish the sum of the taxes on the several rights, num- 
bers of lots or divisions, and in each case, shall post the 
same in some convenient and public place, in the town 
where the said lands lay, for the term of one month : 
And if no person shall appear thereupon to discharge 
the said taxes and necessary intervening charges, then 
the Constable or Collector shall proceed to sell, at Public 
Sale, to the highest bidder (after waiting two hours from 



1782. — Chapter 65. 171 

the time appointed for said sale) so much only of said Tax of £200,000. 
unimproved lands as will be sufficient to discharge said 
taxes, and necessary intervening charges, having first 
given notice of the intended sale thereof, and the time 
and place where it will be made ; and shall have power to 
adjourn from day to day (if necessary) to compleat the 
sale, not to exceed three days (waiting as aforesaid) and 
shall give and execute a deed to the purchaser, express- 
ing therein the cause of such sale, and saving to the afore- 
said proprietor or proprietors, the right of redemption of * 
any land so sold at any time Avithin three years from the 
time of sale, and the same shall be conveyed to him or 
them, on paying, within three years as aforesaid, the sum 
such land sold for, and eighteen per cent, interest on said 
sum, together with all necessary intervening charges 
thereon. 

Provided nevertheless. That the purchaser or purchasers, 
shall not make any strip or waste on the premises, until 
the time of redemption has expired : And if the said pur- 
chaser or purchasers, shall make any strip or waste on 
said premises as aforesaid, he or they shall be liable to 
pay all damages to the original owner or owners, in as 
ample a manner, as though he or they had not purchased 
the same. 

Be it further enacted hy the authority aforesaid,^ That the 
Assessors of each town or other place respectively, in con- 
venient time before the assessment, shall give seasonable 
warning to the inhabitants in any town-meeting, or by 
posting up notifications in some place or places in such 
town or other place, or notify the inhabitants some other 
way, to make and bring in to the Assessors, true and per- 
fect lists of their polls and of all the real and personal 
estate they are possessed of on the said fifteenth day of 
November instant, agreeable to the description of real and 
personal estate, and incomes from profession, faculty, 
handicraft, trade or employment, as aforesaid. And if 
any person or persons, shall not bring in a list of their 
estates as aforesaid, to the Assessors, he, she or they so 
neglecting or refusing, shall not be admitted to make 
application to the Court of General Sessions, for any 
abatement of the assessment laid on him, her or them ; 
and if the Assessors suspect any falsehood in the list to 
them presented, of polls of real and personal estate, then 
the Assessors or either of them shall require the person 



172 1782. — Chapter 65. 

Tax of £200,000. prcsentino; such list to give solemn oath respecting the 
same, which oath may be administred by the Assessors 
or either of them, such list being exhil)ited on oath, shall 
be a rule of that person's proportion of the tax, who pre- 
sented the same, which the Assessors may not exceed, 
unless the Assessors shall discover any error therein, 
in which case the Assessors are hereby authorised and 
directed to assess such articles as appear to be kept 
back. 
* Be it further enacted. That the officers and soldiers of 

the Massachusetts line of the army, on the fifteenth day 
of November instant, shall be considered as resident in 
the several towns and places to which they belonged at 
the time of their engaging in the army (their absence not- 
withstanding) and the Assessors shall tax them accord- 
ingly ; and said officers (except those who have been 
deranged from the army) and soldiers who are engaged 
for three years or during the war, are hereby exempted 
from their poll tax. 

Provided nevertheless, That nothing in this act shall be 
construed to extend so as to require any Assessors to 
assess any person for any estate, real or personal, in his 
possession (absentees estates excepted) that is the prop- 
erty of the United States, or either of them. 

And whereas there are many persons who dwell or reside 
in some towns in this Commonwealth, but are engaged in 
trade^ a7id negociate their business almost entirely in other 
toivns, and there hire stores, shops and tvharves; and it is 
apparent that the Assessors of the tovms where such per- 
sons reside or dwell, cannot be so icell acquainted with the 
business transacted by them, as the Assessors of the town 
where the same is done. 

Be it enacted by the authority aforesaid, That all per- 
sons within the description aforesaid, shall be assessed 
and pay taxes for such of their goods, wares and mer- 
chandizes, stock in trade, ships and vessels, which are 
sold, used or improved in the town were they hire stores, 
shops or wharves, and transact the principal part of their 
business, and for their faculties exercised there, and not 
in the town where they live ; and shall accordingly give 
in, on oath, if required, a list of their whole estate to the 
Assessors of the respective towns, distinguishing what 
part thereof is rateable in each town ; and in default 
thereof, shall be doomed by the said Assessors respec- 



1782. — Chapter 65. 173 

lively. Provided, that this clause be not in any case so Tax of £200,000. 
construed as to enable any town to tax any inhabitant of 
any other town for any estate for which such other town 
has been charged in the valuation. 

And irhereas in some instances there has been a division 
made in tenons hy setting off lands, with the inhabitants 
thereon, from any toivn since the returns were taken, by 
which the present valuation is framed; in vohich cases, the 
Court have not been able to determine ivhat proportion 
ought to be taken from any such toivn and annexed to the , 

town where such addition has been made. 

Be it therefore enacted by the avthorify aforesaid, That 
in all ca.ses where any such division has been made, and 
lands, with the inhabitants thereon, have been set oft* 
from any town since the returns were taken, by which 
the present valuation w^as framed, and have not been con- 
sidered and settled in the valuation, that such lands, with 
the inhabitants thereon, shall be considered and held to 
pay with the town from whence they were so set off. 

Be it further enacted by the authority aforesaid. That 
the notes of the American Bank, and the notes of Robert 
Morris, Esquire, Superintendant of Finance, in his ofii- 
cial capacity, shall, by the several and respective Consta- 
bles and Collectors of the tax aforesaid, be received in 
satisfaction for and in discharge of a sum equal to the 
sum expressed in such respective bank note or notes, or 
note or notes of the said Robert Morris. And the Treas- 
urer, Collectors, and all persons concerned in collecting, 
receiving and negociating the said tax, are hereby ordered, 
directed and enjoined to conduct themselves accordingly. 

And be it further enacted. That the deed or deeds which 
shall be. given by any Constable or Collectors of taxes, 
for any lands that may hereafter be sold for the payment 
of taxes assessed upon non-resident proprietors unim- 
proved lands, shall be in the form following, viz. 

Know all men by these presents. That I, A. B. Collector 
of taxes for the town of having had a tax bill 

committed to me by the Assessors of said town of 

in which is included a tax on a certain lot of land 
(then describing the lot by the number or otherwise) for 
the sum of which sum not being paid, the said 

land was advertised and posted according to law ; and 
on the day of at said town of 



174 1782. — Chapter 66. 

Tax of £200,000. pa^-t of Said land was exposed for sale by public auction, 
according to law, and the same was struck off to 

for the sum of he beins; the highest ])idder 

therefor, in consideration of which sum, 1 the said A. B. 
in said capacity, do, by these presents, grant, sell, and 
convey to the said the following tract or part 

of said land, viz. 

To have and to hold the before-granted premises, with 
the appurtenances to him the said his heirs 

, and assigns forever, to hold the same in fee simple, saving 

only to the aforesaid proprietor, or his heirs, executors 
or administrators, the right of redemption of any land so 
sold, at any time within three years from the time of sale 
in the manner prescribed by law. In witness whereof, I 
have hereunto set my hand and seal, the day 

of in the year of our Lord 

March 22, 1783. 



1782. — Chapter 66. 

[January Session, ch. 33.] 



Chap 



^ gg AN ACT FOR REVIVING THE ACT ENTITLED, " AN ACT TO REG- 
ULATE THE SALE OF GOODS AT PUBLIC VENDUE, AND TO 
LIMIT THE NUMBER OF AUCTIONEERS;" ALSO ANOTHER ACT 
ENTITLED, "AN ACT IN ADDITION TO AN ACT MADE AND 
PASSED AT THE LAST SESSION OF THE GENERAL COURT, 
ENTITLED, "AN ACT TO REGULATE THE SALE OF GOODS AT 
PUBLIC VENDUE, AND TO LIMIT THE NUMBER OF AUC- 
TIONEERS." 

Preamble. WJierecis tJiB Acts ahovemeutioned are expired: 

Be it therefore enacted by the Senate and House of 

Reprefientatives in General Court assernhled, and by the 

Several Laws Autkoritu of the Same, That the beforementioned Acts, 

revived. «./•'-' ■' 

now expired, be revived and continued, with all and 
every Clause, Matter and Thing therein respectfully con- 
tained ; and the same shall be in Force until the twentieth 
Day of June next, and no longer. 
Proviso. Provided nevertheless, and it is hereby enaded by the 

Authority aforesaid. That all Articles of Household Furni- 
ture which may be sold at Public Vendue, shall be exempt 
from the Duty laid by the first-mentioned Act ; any Thing 
in the said Act to the contrary notwithstanding. 

March 24, 1783. 



1782. — Chapter 67. 175 

1783. — Chapter 67. 

[January Session, ch. 34.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED " AN ACT IN ADDI- /^7,/yr» fi7 
TION TO AN ACT ENTITLED, AN ACT TO EMPOWER THE ^ 

TREASURER TO RECEIVE GOVERNMENT SECURITIES ON 
LOAN," TO EMPOWER THE TREASURER TO RECEIVE GOV- 
ERNMENT SECURITIES ON LOAN, AND TO CONSOLIDATE THE 
SAME TO THE FURTHER AMOUNT OF THREE HUNDRED 
THOUSAND POUNDS. 

Whereas it is expedient that the Securities of this Gov- Preamble. 
ernment should be received on Loan and consolidated, and 
sufficient Measures have not been provided therefor by tJie 
said Acts: 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority of 
the same, That the Treasurer be, and he hereby is author- Treasurer 
ized and directed to continue to receive into the Treasury ciminueto 
on Loan, all Government Securities, Certificates, and menrsemn-mes', 
Debts whatever, except Continental Debts, and consoli- fxce'"t ^°'*°' 
date the same, to the Amount of Three Hundred Thou- 
sand Pounds; and after computing the same by the Scale 
of Depreciation, to issue Notes therefor, on the Credit of 
this Commonwealth, payable in the Manner provided in 
the said Acts. 

And be it further enacted by the Authority aforesaid. 
That the Treasurer be, and he is herebv authorized and Treasurer 

^ • -vT /• no 1 " 1 11 1 > 1 empowered to 

empowered to give JSotes tor all Sums that shall be loaned give Notes for 
on this Act, the Acts aforesaid, or another Act, entitled, thTA°t?°^ 
" An Act to supply the Treasury with the Sum of Four 
Hundred Thousand Pounds Money, agreeable to the first 
Form prescribed in the last mentioned Act only ; allow- premium 
ing a Premium of Four per Centum in those Cases, and allowed. 
in those only, in which it was allowed by the aforemen- 
tioned Acts. 

And be it further enacted. That there be, and hereby is a Tax to be 
granted a Tax of Three Hundred Thousand Pounds sums granted 
iSIoney, to be levied on the Polls and Estates within this for'th'?Payraent 
Commonwealth ; one fourth Part of which to be paid into of the Notes. 
the Treasury of this Commonwealth on or before the First 
Day of December, Anno Domini One Thousand Seven 
Hundred and Eighty-five, and the Remainder to be paid 
into the Treasury in Quarterly Payments, the three suc- 
ceeding Years, on the First Day in December in each 



176 



1782. — Chapter 68. 



Iq Case the 
General Court 
shall not agree 
upon a Tax. 



Treasurer 
empowered 
to issue his 
Warrant. 



Year ; each of the said Sums to be levied according to 
such Rules and Proportions as shalj be agreed upon and 
ordered by the General Court at their Sessions in June, 
in each of the Years aforesaid: and the Sum so granted, 
shall be applied for the Payment of the Notes which shall 
be issued by Virtue of this Act. 

And it is further en-acted, That if the General Court 
shall not some Time before the First Day of July, in 
e:ich of the Yenrs before mentioned, respectively agree 
and conclude upon a Tax, apportioning the Sum to be 
paid in each of before-mentioned Years respectively ; 
then, and in such Case, each Town and other Tlace in this 
Commonwealth, shall pay, by a Tax to be levied on the 
Polls and Estates within their respective limits, the same 
l^roportion of the said Sum as such Town or other Place 
was taxed by the General Court in the Tax next preced- 
ing. And the Treasurer of this Commonwealth is 
hereby empowered and directed, some Time in the 
Month of August, in every such Year, to issue and send 
forth his Warrants, directed to the Selectmen or Assess- 
ors of such Town or other Place, within this Common- 
wealth, or to some suitable Persons in such Places therein 
as are not incorporated, requiring them to assess the Polls 
and Estates within their Limits respectively, for the full 
Parts and Proportions of the Sums before directed and 
engaged to be assessed, to be paid into the Treasury on 
or before the first Day of December in such Years respec- 
tively. And the Assessors, as also all Persons thereby 
assessed, shall observe, be governed by, and subject to, 
all such Rules and Directions as shall have been given in 
the next preceding Tax- Act. March 25, 1783. 



1783. — Chapter 68.* 

Chap. 68 ^N -^^T LIMITING THE CONTINUANCE OF CERTAIN ACTS & RE- 
^ * SOLVES FOR PREVENTING INTERCOURSE WITH THE ENEMY.— 

Continuance of Wlierecis the cirouuds and principles of certain Acts for 

jfVcts etc. for • ^--^ j. / «/ */ 

preventing jweveutlng Coiumerce and Corresj)07idence unth the Ene- 
the'^eneray!^' Ttiies of the United States luill cease to operate at the 

termination of the v:ar. 

Be it therefore enacted by the /Senate and House of 

Representatives in General Court assembled, and by the 



* Not printed in Session Pamphlet. 



1782. — Chapter 69. 177 

Authority of the same. That an Act passed the third of 
March One thousand, Seven hundred and Eighty one, 
entitled "An Act for preventing all Commerce and illegal 
Correspondence with the Enemies of the United States of 
America," — and another Act passed the tirst of May, One 
thousand. Seven hundred and Eighty one entitled "An 
Act in addition to an Act " entitled an Act for preventing 
all Commerce and illegal Correspondence with the Enemies 
of the United States of America " and another Act passed 
the eighth of November, One thousand. Seven hundred 
and Eighty two — entitled ' ' An Act in addition to an 
Act " — Entitled An Act in Addition to an Act entitled, An 
Act for preventing all Commerce and illegal Correspond- 
ence with the Enemies of the United States of America 
and also every part of the Resolve of the General Court 
passed the Eighth day of May A. D. One thousand Seven 
hundred and Eighty two respecting illicit trade with the 
enemies of the United States, except that paragraph 
thereof which makes provision that certain Boats and Ves- 
sels therein described shall take permission from the 
Naval Officer in Certain cases and another Resolve passed 
the ninth day of October A. D. One thousand Seven hun- 
dred & Eighty two for preventing the Enemy from being 
supplied with Provisions from the Shores on the South 
part of this Commonwealth shall from and after the time at 
which the United States in Congress assembled shall cause 
declaration to be made, that Peace has taken Place between 
France, Great Britain and the United States, be repealed 
and every article and Clause of the before recited Acts shall 
thereupon become null and Void to every intent and pur- 
pose save only of being used to support any action or 
process "that may have been commenced before and pending 
at the time when the said Acts and Resolves are to cease. 

March 25, 1783. 

1782. — Chapter 69. 

[May Session, ch. 1.] 

AN ACT IN ADDITION TO AN ACT INTITLED "AN ACT TO PRO- QhaV' 69 
VIDE FOR THE PAYMENT OF DEBTS DUE FROM THE CON- ^ ' 

SPIRATORS AND ABSENTEES; AND FOR THE RECOVERY OF 
DEBTS DUE TO THEM." 

WJiereas by said Act, the Poxoers given to the Commit- rreambie. 
tees therein mentioned, do not extend to em2J0iver them to 
make Sale of any Estates on lohich Money has been 



178 



1782. — Chapter 69. 



Creditors to 
exhibit to 
Committees 
Certificates of 
Debts due from 
Absentees 
Estates Leased. 

Leased Estate 
to be appraised. 



In Case : 



In Case Lessees 
neglect to 
purchase — 



Comrailtees 
empowered to 
selL 



advanced to the Commonwealth, agreeable to a Resolve of 
the General Court passed the Nineteenth of June, in the 
Year of our Lord one Thousand seven Hundred and 
Eighty, unless the Persons who advanced Money as afore- 
said shall consent to have such Estate sold, which Prohi- 
bition operates greatly to the Damage of the Creditors to 
such Estates: Therefore to remedy the same. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority 
of the same. That in all Cases where the Creditors to such 
Estates shall exhibit to the said Committees, Certificates 
agreeable to said Act, of Debts due from the Estate of 
any Conspirator or Absentee, leased as aforesaid, the said 
Committees are hereby empowered to cause such leased 
Estates within their respective Counties to be appraised 
by three disinterested judicious Freeholders under Oath ; 
and they are hereby directed to offer the said Estates to 
the Persons to whom they are leased, at the said Appraise- 
ment ; and in Case the Lessee shall take the Estate at the 
Appraisement, the said Committees are respectively 
empowered in Behalf of this Commonwealth, to make 
and execute Deeds sufficient to convey Estates in Fee 
Simple to the said Purchaser ; the Money advanced on 
any such Estate as aforesaid, to be in Part -Pay for the 
same, agreeable to the Lease, and the Kemainder to be 
disposed of agreeable to said Act. 

And be it further enacted by the Authority aforesaid. 
That in Case any Lessee or Lessees as aforesaid, shall 
refuse or neglect to purchase the Estate leased to him or 
them as aforesaid, at the said Appraisement, for the Space 
of Thirty Days after the Committee shall have notified 
him or them of the Appraisement, the Committees are 
hereby empowered to sell the same to any other Person, 
at public or private Sale, as shall appear to them most 
advantageous to the Creditors and the Commonwealth ; 
and upon the Payment of the Sums due to the said Les- 
sees, or Security given to their Satisfaction, to make good 
and sufficient Deeds as aforesaid to the Purchasers, and 
dispose of the Remainder of the Proceeds of such Sale 
according to said Act. 

And whereas no direct Provision is made by any Act 
or Resolve of this Court for making equitable Distribu- 
tion of the Neat Proceeds of the Estates of Conspirators 



1782. — Chapter 70. 179 

arid Absentees among their Creditors by the Cmnmittees of 
Sales in the several Counties in Cases of Insolvency : 

Be it enacted by the Authority aforesaid. That in all Diatribution of 

,^ , 1 XI T-. T /• 1 /. 1 neat Proceeds 

Cases where the Neat Jrroceeds of bale of the Estate of 25 Absentees 
any Conspirator or Absentee shall be found insufficient to 
discharge the Whole of the Debts due therefrom, the said 
Committees in the several Counties be, and they hereby 
are empowered and directed to make Distribution of the 
Sums by them received, as the Neat Proceeds of the said 
Estates among the several Creditors thereto, in just and 
due Proportion ; taking Bonds from the said Creditors 
respectively, in double the Sum to them paid, with two 
sufficient Sureties, conditioned to refund the Rateable 
Proportion of such Creditors Demand upon the said 
Estate, and the Neat Proceeds thereof in Case after Claims 
legally exhibited, supported and certified, shall render the 
said Estate further insolvent. And the Bonds given as 
aforesaid shall be lodged in the Probate Office of the 
County where the Estates of such Conspirators or Absen- 
tees shall be settled ; any Law or Resolve to the contrary 
notwithstanding. June 15, 1782. 



1782. — Chapter 70. 

[January Session, ch. 23.] 

AN ACT EMPOWERING THE COMMITTEES FOR THE SALE OF THE 
ESTATES OF CONSPIRATORS AND ABSENTEES, AND THE 
AGENTS APPOINTED BY THE JUDGES OF PROBATE ON SUCH 
ESTATES, IN CERTAIN CASES TO PLEAD THE GENERAL ISSUE, 
AND GIVE THE ACTS AND RESOLVES OF THE GENERAL 
COURT AND ANY SPECIAL MATTER IN EVIDENCE. 



Chaii. 70 



Be it enacted by the Senate and House of Representatives 
in General Court assembled , and by the Authority of the 
same, That in all Cases where Actions shall be commenced where Actions 
against the Committees and Agents aforesaid, or either of me^nced agldnst 
them, by any private Person or Persons, the said Com- AgZi""''""" 
mittees and Agents may plead the General Issue, and give Topieadthe 
the Acts and Resolves of the General Court and any ^'°^'''"' ^''"^• 
special Matter in Evidence. March 13, 1783. 



RESOLVES 

OF THE 

GENERAL COURT 

or THE 

Commonwealth of Massachusetts, 

11^ ISTEW-E^GLAI^D ; 

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUFFOLK, 

ON WEDNESDAY THE TWENTY-NINTH DAY OF 

MAY, ANNO DOMINI, 1782. 



BOSTON : 
PRINTED BY NATHANIEL WILLIS, 

Printer to the Honorable General Court. 

» M,DCC,LXXXn. 

Reprinted by Wright & Potter Printing Company, State Printers. 

1890. 



RESOLVES 



GENERAL COURT OF THE COMMONWEALTH 
OF MASSACHUSETTS, 

BEGUN AND HELD AT BOSTOX, IN THE COUNTY OF SUF- 
FOLK, ON WEDNESDAY THE TWENTY-NINTH DAY OF 
MAY, ANXO DOMINI, 1782. 



1782. — May Session. 

The following are the names of the Gentletnen who compose the tivo 
Branches of the General Court, viz. 



Comity of Suffolk. 

Hon. Samuel Adams, Esq ; 

President. 
Hon. Jabez Fisher, 

Samuel Niles, 

John Pitts, 

Increase Sumner, Esquires. 

County of Essex. 

Hon. Stephen Choate, 

Jonathan Greenleaf, 
Samuel Phillips, jun. 
El bridge Gerry, Esquii'es. 

County of Middlesex. 

Hon. Josiah Stone, 

Abraham Fuller, 

Eleazer Brooks, 

Ebenezer Bridge, Esquires. 

County of Hampshire. 

Hon. Timothy Danielson, 
Caleb Strong, 
John Bliss, Esquires. 

County of Plymouth. 

Hon. Nathan Cushing, 

Charles Turner, Esquires. 



SENATORS. 

County of Barnstable. 
Hon. Solomon Freeman, Esquire. 



County of Bristol. 

Hon. Thomas Durfee, 

Ephraim Starkweather, 

Esquires. 

County of York. 
Hon. Nathaniel Wells, Esquire. 

County of Worcester. 

Hon. Samuel Baker, 
Joseph Dorr, 
Israel Nichols, 
Jonathan Warner, Esquires. 

County of Cumberland. 
Hon. Jedediah Preble, Esquire. 

County of Lincoln. 
Hon. Thomas Rice, Esquire. 

County of Berkshire. 

Hon. Jahleel Woodbridge, 
John Bacon, Esquires. 



184 



1782. — May Session. 



MEMBERS OF THE HOUSE OF REPRESENTATIVES. 
Honorable NATHANIEL GORHAM, Esq; Sjjeaker. 



County of Suffolk. 

'Hon. William Phillips, Esq; 

Samuel Allyne Otis, Esq ; 

Hon. John Lowell, Esq; 
<J Thomas Dawes, Esq ; 

John Rowe, Esq ; 

Samuel BaiTett, Esq ; 
^ Mr. Nathan Frazier. 
Roxbury, Deacon David Weld. 
Dorchester, Ebenezer Wales, Esq. 
Milton, Edward R. Robbins, Esq. 
Braintree, Richard Cranch, Esq. 
Weymouth. Nath. Baile3% Esq. 
Hingham, Capt Theo. Cushing. 
Cohasset, Col Thomas Lothrop. 
J)edham, Capt. Joseph Cxuild. 
Medfield, Mr Oliver Ellis. 
Wrentham, Mr. Joseph Fairbanks. 
Brooklyne, 

Needham, Mr. Nathaniel Fisher. 
Stoughton, Elijah Dunbar, Esq 
Stoughtonham, Col. Jona. Eddj. 
Medway, Capt. Moses Adams. 
Bellinghmn, Stephen j\Ietcalf , Esq. 
Hull, 
Walpole, 
CheUea, 

Franklin, Mr. Peter Adams. 
Foxhorough, 

County of Essex. 

Salem, Nathan Goodale, Esq. 

Benj. Goodhue, jun , Esq. 
William Vans, Esq. 
Mr. Miles Greenwood. 
Banvers, Israel Hutchinson, Esq. 
Ipswich, Dr John Manning. 

John Patch, Esq 
Newbury, Col. Samuel Moody.. 
Newbury-Port, Nath Tracy, Esq. 
Jonathan Titcomb, 

Esq. 
Tristram Dalton, 
Esq. 
Marblehead, 

Lynn, Capt. Holten Johnson. 
Andover, Capt. Joshua Holt. 
Beverly, Larkin Thorndike, Esq. 

Mr. Nathan Dane. 
Salisbury, Benjamin Evans, Esq. 
Haverhill, Mr. Bailey Bartlett. 
Gloucester, Peter Coffin, Esq. 
Topsfield, 



Ahnsbury, 

Bradford, 

Methuen, 

Boxford, 

Manchester, 

Wenhani, 

Middleton, 

County of Middlesex. 

Cambridge, Col. Samiiel Thaeher. 
Charlestown, Hon. Nath. Gorham, 

Esq. 
Watertown, 

Woburn, Dea. Joseph Johnson. 
Concord, James Barrett, Esq. 
Neivtoji, 

Reading, Capt. James Bancroft. 
Marlborough, Dea. Simon Stow. 
Billerica, Major Edward Farmer. 
Framingham, Dea. Wm. Brown. 
Lexington, 

Chelmsford,Tie?i. A. Chamberlain. 
Sherburne, Daniel Whitney, Esq. 
Sudbury, 
East Sudbury, 
Maiden, 

Weston, Dea. Samuel Fisk. 
Medford, Mr Aaron Hall. 
Hopkinton, Capt. Gilbei't Dench. 

c'arlislt \ F^'^"^^^' Faulkner, Esq. 

Westford, Mr. Francis Leighton. 

Waltham, 

Stow, 

Qroton, Israel Hobart, Esq, 

Shirley, 

Pepper ell. Col. Wm. Prescott. 

Toionsend, Mr. James Lock. 

Dracut, 

Bedford, 

Holliston, 

Dunstable, 

Lincoln, 

Wilmington, 

Tewksbury , INIr. Wm. Brown. 

Littleton, 

Ashby, 

Natick, 

Stoneham, 

County of Hampshire. 

Springfield, Col. Gideon Burt. 
Mr. Moses Church. 



1782. — Mat Session. 



185 



BEPRESENTA TIVES — Continued. 



County of Hampshire — Con. 
West Springjield, Justin Ely, Esq. 
Wilbraham, ^ol. Benj Ely. 

Norlhampton, Hon. Caleb Strong. 

Southampton. ^^''' T""' ^^"S^^^' 

Hadlcy, Capt Oliver Smith. 

South Hadley, 

Amherst, 

(Tirnit)y, 

Hatfield, John Hastings, Esq. 

Whatcly, 

Williamsburgh, Mr. Jesse Wilds. 

Westfield, Capt. Daniel Sacket. 

Greenjield, Uavicl Sniead, Esq. 
Shelburne, 
Conway, 

Sunderland, Capt. Israel Hubbard. 
Montague, 

Northfield, Mr. Aaron Whitney. 
Brimfield, Mr Aaron Mighill 
South Brimfield, 
Monson, 
Pelham, 
Greemcich, 
Blanford, 
Leverdt, 
Palmer, 
. Granville, 
New Salem, 

Belchertown, Col. Caleb Clarke. 
Colrain, Col. Hugh McClallan. 
Ware, 
Warwick, 
Barnardstoii, 
Murrayjield, 
Charlemont, 

Ashfield, Mr. Benjamin Rogers. 
Worlhingloni 
Shutesbury , 
Ervingshire, 
Southwick, 
Ludlow, 
Norwich, 
Merryjield, 
Cummington, 
]Vest HarniAon 

Chesltrjield, Mr. Russel Killogg, 
Vli ester field- Gore, 
Auckland, 

County of Plymouth. 

Plymouth, Joshua Thomas, Esq. 
Sciluale, Israel Vinal, Esq. 



Duxborough, Mr. John Peterson. 
Marshfiel'd, Mr Daniel Lewis. 
Bridgewater, Hugh Orr, Esq. 
Middleboro\ JSIr. Ebenezer Wood. 
Mr. Isaac Tompson. 
Rochester, Col. P:benezer White. 
Plympton, Capt. Francis Shirtliff. 
Pembroke, 

Kingston, Capt. Eben.Washburne. 
Hanover, 

Abington, Mr. Samuel Brown. 
Halijax, 
Warcham, 

County of Barnstable. 

Barnstable, Shearjashub Bourn, 

Sandwich, ^^^• 

Yarmozith, 

Eastham, Mr. Nathan Doane. 

Harwich, 

Wellfieet, Elisha Doane, Esq. 

Chatham, 

Truro, 

Falmotdh, 

County of Bristol. 
Taunton, Job Smith, Esq. 
Rehoboth, Capt. Stephen Bullock, 
Swanzey, 

Darttnouth, Edward Pope, Esq. 
Norton, Capt. Isaac Hodges. 
Mansfield, Capt. John Pratt. 
Attleborough, EWaha May, Esq. 
Dighton, 

Freetown, Dr. Joshua H. Brett. 
Rainham, Capt. Noah Hall. 
Easion, Capt. James PeiTy. 
Berkley, 

County of York. 

To7-k, Col. Edward Grow. 

Kittery, Charles Chauncey, Esq. 

Wells, Nathaniel Wells, Esq. 

Berwick, John Hill, Esq. 

Arundel, 

Biddeford, 

Peppe rre llbo rough, 

Lebanon, 

Sanford, 

Buxton, 

Coxhall, 

Massabeseck, 

Brownfield, 

Little Falls, 

Fryeburgh, Dea. Simon Frye. 



186 



1782. — May Session. 



REPRESENTATIVES— Continued. 



County of DuviKS, County. 

Edgarloivn, 

Chilmark, 

Tisbu7\ij, 

County of Nantucket. 
Sherburne, 

County of Worcester. 

Worcester, Samuel Curtis, Esq. 

Lancaster, John Sprague, Esq. 

Mejidon, 

Brookfield, 

Oxford, 

Charlton, Mr. Ebenezer Davis. 

SuttoJi, Mr. Willis Hall. 

Leicester, Seth Wasliburne, Esq. 

Spencer, Mr. Isaac Jencks. 

Rutland, Mr. Asaph Shearman. 

Paxton, 

Oakham, 

Barre, 

Hubbardston, 

New Braintree, 

Southborough, 

Westboro\ Mr. Hananiah Parker. 

Northborough, Mr. John Ball. 

Shrewsbury, Hon. A. Ward, Esq. 

Lunenburgh, Capt, Josiah Stearns. 

Fitchburgh, Capt. Tho. Cowdin. 

Uxbridge, 

Harvard, 

Dudley, 

Bolton, 

Upton, 

Sturbridge, Capt. Ralph AVheel- 

ock. 
Leominster, 

Hardwick, Mr. Ichabod Dexter. 
Eolden, John Child, Esq. 
Western, 
Douglass, 
Grafton, 

Petersham, Capt. Wing Spooner. 
Royalston, 
Westminster, 
Templeton, 
Princetoion, 
Ashburnham, 

Winchendon, Abel Wilder, Esq. 
Northbridge, 

Ward, Capt. John Prentice. 
Athol, Hiram Newell, J^sq. 
Milford, 
Sterling, 



County of Cumberland. 

Falmouth, Joseph Noyes, Esq. 
North Yarmouth, 
Cape Elizabeth, 

Oorham, Mv, Stephen Longfel- 
low, jun. 
Brunswick, 
Harpswell, 
Windham, 

Neiv Gloucester, Mr. John Merrill . 
Pearsontoivn, 
Royalborough, 
Gray, 

Raymondtown, 
Bakerstown, 
Sylvester, 
Bridgetown, 

County of Lincoln. 

Poivnalborough, 

Georgetown, 

New Castle, Mr. Jona. Jones, jun. 

Woolwich, 

Topsham, 

Boivdoinham, 

Boothbay, 

Bristol, Alexander Nichols, Esq. 

Vassalborough, 

Medumcook, 

Winslow, 

Waldoborough, 

Edgcombe, 

PUtston, 

Eallowell, 

Bellfast, 

Warren, Mr. Patrick Pepbles. 

St Georges, 

Winthrop, 

Thomaslown, 

County of BERKsnraE. 

Sheffield & Mt. } The Sedgwick & 
Wa,shington. \ J. Fellows, Esq's. 
Gt. Barrington, Wm. King, Esq. 
Partridgefield, Mr. Eben. Peirce. 
Williainstown, 

Windsor, William Clark, Esq. 
Netv Marlboro\ Mr. Noah Church. 
Lanesboro\ Col. Asa Barnes. 

Col. Jonathan Smith. 
Pitts field, 

Lenox, Mr. Elias Willard. 
Stockbridge, John Bacon, Esq. 
Egremont, 
Tyringham, Capt. Josiah Brewer. 



1782. — May Session. 187 



BEPRESENTATIVES — Concluded. 

County of Berkshire — Con. Alford, Mr. John Adams. 

Sandisfield, Josiah Ayrault. New Ashford, 

Becket, Nathaniel Kingsley, Esq. Ashawelet-Equivalent. 

Hancock, Samuel Hand, Esq. Adams, Enos Parker, Esq. 

Richmond, Nexv Providence, 

Loudon, Lee, 

West Stockbridge, Tauconick Mountain. 



By the return of the Votes of the qualified Electors in the several 
Towns within the Commonwealth, it ai^peared, that 

His Excellency JOHN HANCOCK, Esq ; 

Was chosen Governor, and 

His Honor THOMAS GUSHING, Esq ; Lieutenant-Governor, 
By a Majority of Votes. 

The two Branches of the General Court made choice of the follow- 
ing Gentlemen, Councellors, to advise the Governor for the Current 
Year, viz, 

Hon. Jeremiah Powell, Benjamin Chadbourne, Moses Gill, 
William Seaver, James Prescott, Azor Orne, 

Walter Si3oonei% Samuel Holten, Joseph Hawley,Esqrs. 

And John Aver^, Esq ; was elected Secretary. 

The Honorable the Senate made choice of Mr. WILLIAM 
BAKER, jun. for their Clerk, and the Honorable House of Repre- 
sentatives made choice of Mr. G. R. MINOT, to be their Clerk. 



Chapter 1. 

RESOLVE FOR ADJOURNING THE MARITIME COURT, TO THE 25th ChaV. 1 

JUNE INST. ■^' 

WJiereas it appears to this court, that it will he incon- 
venient to the parties concerned and interested in the causes 
2')ending at the Maritime Court, of the middle district, to 
be held at Salem, ujjon the 11th day of June instajit, to 
attend at that time: Therefore, 

Resolved, That the Maritime Court, appointed to be 
holden at Salem, upon the 11th day of June next, be, and 
hereby is adjourned and put off to the 25th day of the 
same ^Nlonth, then to l>e holden at said Salem, in the 
county of Essex ; and all causes now pending therein, or 
notified for trial there, upon the said 11th day, shall be 



188 1782. — Mat Session. 

heard, tried and determined in the same manner, on the 
said 25th, as they could be upon the said 11th day, and 
all depositions and other proceedings taken for the same 
Court, shall be received upon the said 25th day, in the 
same manner as if they were taken to be there used. 

June 1, 1782. - 



Chapter 2, 

Chaj) 2 RESOLVE ON THE PETITION OF SARAH HENDERSON AND OTH- 
^ ' ERS, GRANTING THEM LIBERTY TO GO TO HALIFAX. 

On tJie petition q/" Sarah Henderson, Mary Anzul, Sarah 
Burrill, Naomi Bangs, and Rebecca Burton : 

Resolved, That Sarah Henderson, Mary Aiizid, Sarah 
Burrill, Naomi Bangs, and Rebecca Burton, have leave to 
go to Halifax in the next cartel, not to return again unless 
leave therefor be first obtained from the General Court, 
for reasons set forth in their petitions ; and that the com- 
missary of prisoners be, and he hereby is directed, to take 
especial care to prevent the aforesaid persons from convey- 
ing any letters of intelligence to the enemies of the United 
States. June 1,1782. 



Chapter 3. 

Char) 3 I^ESOLVE empowering the justices of THE COURT OF GEN- 
' * ERAL sessions OF THE PEACE, FOR THE COUNTY OF BERK- 

SHIRE, TO ASSESS SIX HUNDRED AND FORTY-FIVE POUNDS, 
TO DISCHARGE THE DEBTS DUE FROM SAID COUNTY, AND To' 
DEFRAY THE NECESSARY EXPENCES THEREOF. 

On a representation from the Court of General Ses- 
sions of the Peace, for the county of Berkshire : 

Resolved, That the Justices of the Court of General 
Sessions of the Peace for the said county of Berkshire^ 
be, and the said Justices hereby are enabled and impow- 
ered to direct an assessment of the sum of six hundred 
and forty five pounds, lawful money, to discharge the 
debts due from the said county, and to defray the neces- 
sary expences thereof, agreeably to the laws of this Com- 
monwealth, and that the Secretary of this Commonwealth 
transmit this resolve to the Clerk of the said Court. 

Junes, 1782. 



1782. — Mat Session. 189 

Chapter 4. 

RESOLVE GRANTING NINETY POUNDS TO JOHN HOPKINS, COM- fi^f,^ A 
MISSARY OF PRISONERS, TO FIT OUT THE SLOOP DUXBOR- ^'^^P' * 
OUGH, AS A CARTEL. 

On the petition o/John Hopkins : 

Resolved, That John Uopl-ins, be, and he is hereby 
directed, to lit out the sloop Duxhorough, as a cartel, and 
to send in her to New York, as many naval prisoners now 
in his possession, for the purpose of having them exchanged 
for Americans, as she will conveniently carry. 

And be it further liesolved, That in order to enable 
the said Hojjl'ins to effect the same, the s«m of ninety 
pounds be paid him out of the treasury of this Common- 
wealth ; the said Hopkins to be accountable for the same. 

Junes, 1782. 



Chap. '^^5 



Chapter 5. 

RESOLVE PERMITTING MARY HATHAWAY AND WEALTHY RUG- 
GLES TO GO TO NEW-Y'ORK. 

On thepetition q/"Mary Hathaway and Wealthy Ruggles, 
praying for liberty to go to their husbands, at New York : 

Resolved, That the prayer of the petition be so far 
granted, that they have liberty to go to ISfew York, in the 
first cartel, provided they go at their own expence, and 
do not return again without leave from lawful authority ; 
and the commissary of prisoners is hereby directed to pro- 
vide against the said petitioners carrying with them any 
letters or other papers, dangerous to the safety of the 
United States. June 3, 1782. 



Chapter 6. 

RESOLVE ON THE MEMORIAL OF SAMUEL WOOD, OF NORTH- p/,^^ a 

BOROUGH. Kjnwp. O 

On the memorial q/" Samuel Wood, of Northborough : 
Resolved, That there be paid out of the treasury of 
this Commonwealth, to Satnuel Wood, the sum of eleven 
pounds four shillings and nine pence, being the sum 
allowed to said Wood for his being agent for the estates of 
Michael Martyn, James Eager, and John Eager, as 
allowed by the Judge of Probate for the county of 



190 1782. — May Session. 

Worcester, there being no personal estate in the hands of 
said agent, and the real estate being taken out of his hands 
by the committee for selling absentees estates in said county, 
agreeable to a resolve of the General Court for said pur- 
pose. June 3, 1782. 

Chapter 7. 

Chap. 7 RESOLVE GRANTING THIRTY-SIX POUNDS SEVEN SHILLINGS 
AND TEN PENCE, TO JOHN CUNNINGHAM. 

Oil the petition of John Cunningham : Whereas the 
commissioners of the county of Worcester, have rendered 
their accounts to the Judge of Probate for said county, are 
now discharged as commissioners, and the monies arising 
frotn the sales of the estate of John Chandler, Esq; an 
absentee, are paid into the treasury : Therefore, 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to John Cumiingham, 
thirty -six pounds seven shillings and ten pence, being so 
much due from John Chandler, Esq ; an absentee, for 
furniture received, provided that the effects of said Chand- 
ler amount to a sufficient sum to pay all the other credi- 
tors demands against said John Chandler. 

June 4,1782. 

Chapter 8. 

ChaV. 8 RESOLVE APPOINTING A COMMITTEE TO RECEIVE, EXAMINE 
•^ ' AND PASS UPON ALL ACCOUNTS, AS ALSO UPON PAY ROLLS. 

Resolved, That Abraham Fidler and Ephraim Stark- 
weather, Seth Washburn, Joseph JSFoyes, and Miles Green- 
wood, Esquires, be, and they are hereby appointed a 
committee, whose business shall be to receive, examine 
and pass upon all accounts (not otherwise ordered) which 
shall be exhibited to them for allowance, for services done 
in pursuance of any resolve or order of the General Court, 
provided such accounts be properly vouched and authenti- 
cated ; and the doings of the said committee, agreeably to 
any vote or resolve of the General Court respecting such 
accounts, or any three of the committee, who are hereby 
constituted a quorum, shall be valid, as well during the 
recess as the sitting of the said Court. 

And it is further Resolved, That said committee shall keep 
a particular record, expressing the names of the persons 



1782. — May Session. 191 

whose accounts they shall allow, the towns to which they 
belong, for services done, and the sums allowed and paid 
to them respectively, which record shall be laid before the 
General Court once in every session, for their inspection. 

And it is further Resolved, That said connnittee, or 
any three of them, as aforesaid, shall be authorized to pay 
any such accounts as shall l)e cxhi))itcd to them, that 
tippears })roperly vouched and authenticated, as above- 
mentioned, and shall apply to the General Court from 
time to time for money for that purpose. 

And it is further Resolved, That the above committee 
examine and pass upon the pay rolls of such troops as are 
or may be raised in the pay of this Commonwealth. And 
his Excellency the Governor, with advice of Council, is 
hereby requested to draw warrants for the payment of 
such rolls as they the committee shall allow, provided 
that the rolls so passed shall be agreeable to the resolves 
and orders of the General Court. June 4, 1782. 

Chapter 9. 

RESOLVE ENTITLING JOSHUA GRAY TO A PENSION OF TEN SHIL- nhnr) 9 
LINGS PER MONTH, FROM THE 11th OF OCTOBER, 1776, TO THE -^' 

11th of APRIL, 1781. 

On the representation q/'«Tohn Lucas, commissary of j)en- 
sioners, in favour q/* Joshua Gray : 

Resolved, That Joshua Gray be entitled to a pension 
of ten shillings per month, from the 11th day of October, 
177H, the time he was wounded, until the 11th day of 
April, 1781, being four years and six months, and then 
to cease, he being after the last mentioned time fit for 
military duty. June 4, 1782. 

Chapter 10. 

RESOLVE GRANTING FORTY-FIVE POUNDS TO ROSS AVYMAN, QJi^^f^ \Q 
FOR 1 FOUR POUND CANNON DELIVERED IN 1775. ^ ' 

On the petition of Ross Wyman, praying for payment 
for 1 four pound cannon, which he delivered to Capt. Fos- 
ter, of the Artillery I^ark, in the year \llh, as set forth 
in his petition. 

Resolved, That the prayer of the petition be granted, 
and that there be allowed and paid out of the treasury of 
this Commonwealth, the sum oi forty five j^oiinds, in full 
com[)ensation for said cannon. June 5, 1782. 



192 1782. — May Session. 

Chapter 11. 

Chap. 1 1 RESOLVE ON THE PETITION OF CAPT. THOMAS HOVEY. 

On the petition of Capt. Thomas Hoyey, prai/ing to be 
impoivered to draiv certain monies out of the treasury that 
he has advanced to soldiers under his command. 

Resolved, That the prayer be so far granted, that the 
Treasurer be, and is hereby directed, to pay out of the 
public treasury, to Capt. Thomas Hovey, the sum of 
thirty-five pounds three shillings and three 2^ence, upon 
his delivering to the Treasurer the receipts for the several 
sums set against the respective names, in the annexed 
schedule, any law or resolve to the contrary notwithstand- 
ing. June 5, 1782. 

Chapter 12. 

ChaV 12 RESOLVE ON THE PETITION OF CAPT. JOB SUMNER. 

On the petition of Job Sumner, Ca2)tain of the third 
Massachusetts regiment in the Continental army ., praying 
that his first depreciation note and also that the first dejjre- 
ciation notes oj several soldiers {mentioned in a schedide 
accompanying said petition) may he paid them. 

Resolved, That the Treasurer be, and he hereby is 
directed, to pay the said Job /Sumner, the sums due to 
him, and the soldiers referred to in his petition, their first 
depreciation notes, together with the interest, in orders 
or receipts upon such persons as the said Job Suinner 
shall name to him, having in their hands monies belong- 
ino- to the Commonwealth. June 5, 1782. 



Chap, 13 



Cliapter 13. 

RESOLVE ON THE PETITION OF LARKIN THORNDIKE. 

On the petition q/" Lark in Thorndike, setting forth that 
he has lately purchased part of the estate q/Lendell Bow- 
land, Esq.; an absentee, and that by misfortunes at sea 
and government s not paying him his just demands on 
tJiem, he is at pi'esent unable to malie payment for said 
estate, agreeable to his contract, therefore prays he may 
have the credit of government for iour hundred pounds, ^or 
one year : 

Resolved, That the committee for the sale of absentees 
estates in the countj^ of Essex, be, and they hereby are 



1782. — May Session. 193 

directed and impowered, to take Larhin Tliorndike^s 
proinissaiy note of hand for the sum of four hundred 
pounds, payable to the Hon. Henry Gardner, Esq. ; 
Treasurer and Receiver General of this Commonwealth, 
or his successor in said office, for the use of government, 
in one year from the date of this resolve, with interest for 
the same till paid, which shall be received by said com- 
mittee in part pay towards said estate, any law or resolve 
to the contrary notwithstanding. June 5, 1782. 

Chapter 14. 

RESOLVE ON THE PETITION OF CAPT. AMOS LINCOLN, INTI- (Jhar) 14 
TLING HIM AND HIS COMPANY TO THE SAME PRIVILEGES AS ^ ' 

THE OFFICERS AND SOLDIERS OF THE CONTINENTAL ARMY, 
AS FAR AS RESPECTS THEIR DEPRECIATION NOTES AND 
DIRECTING THE COMMISSARY TO SETTLE WITH SAID COM- 
PANY, AND ALLOW THEM THEIR BACK RATIONS. 

On the petition of Capt. Amos Lincoln, praying that the 
officers and soldiers in his company may have their first 
depreciation notes paid them., also representing that he is 
taxed for his poll by the assessors of the totvn q/" Boston, 
ichich he conceives to he unjust: 

Resolved, That the prayer of the petition be so far 
granted, that the said Capt. Lincoln and his company 
shall be entitled to the same privileges as the officers and 
soldiers of the Massachusetts line of the Continental army 
are, as far as respects the payment of their depreciation 
notes. 

And it is further Resolved, That the Commissary be 
directed to settle with the said Capt. Lincoln and officers 
under him, and allow them their back rations up to this 
time, aild continue to issue them in future, agreeable to 
the establishment on which said company were raised. 

June 6, 1782. 

Chapter 15. 

RESOLVE ON THE MEMORIAL OF STEPHEN LONGFELLOW, (JJiaV- 15 
DIRECTING THE SHERIFF OR DEPUTY TO RETURN NOT SAT- ^ ' 

ISFIED THE EXECUTION AGAINST THE TOWN OF GORHAM, 
ISSUED BY THE TREASURER OF THIS COMMONWEALTH. 

On the memorial of Stephen Longfellow. 
Resolved, That the sherift'of the county of Cumberland, 
his under sheriff or deputy be, and hereby is directed, to 



194 1782.— May Session. 

return not satisfied the execution against the town of 
Gorhajn, issued by the Treasurer of this Commonwealth, 
on account of the deticiency of said town in procuring one 
of the quota of Continental soldiers assigned them by the 
resolve of the second day of December, 1780 ; that forty 
days from this time be allowed for determining the dispute 
between the said town and the town of Newhuryport, 
respecting the soldier mentioned in said memorial, and if 
the said town shall within the said forty days produce a 
certificate from the muster master, who may decide said 
dispute that the said soldier belongs to the said town 
of GorJimn, and deliver the same to the said Treasurer, 
then the Treasurer is hereby directed to discharge the 
said town of the sum required on account of said defi- 
ciency, but if the town of Gorham shall neglect to 
produce and deliver such certificate to the said Treasurer, 
within the space of time aforesaid, then the said Treasurer 
is hereby directed to issue alies executions against said 
town of Gorham, for said sum, with the cost of former 
execution. 

And it is further Resolved, That executions against said 
town of Gorhaon for the beef taxes be, and hereby are 
directed, to be stayed for the space of two months from 
this time, any law or resolve to the contrary notwith- 
standing. June 7,1782. 



Chapter 16. 



Chap 



.16 



RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF BARNSTABLE. 

On tJie petition of the selectmen of the town o/" Barnstable, 
praying that the whole public demand of the Treai^urer of 
this Commonwealth, on Benjamin Goodspeed, constable 
for the toivn q/ Barnstable, be paid and discharged out of 
the m.oney due from this Commonwealth to the town of 
Barnstable, /or the six months soldiers wages paid by said 
town in the year 1780 : 

Resolved, That the sum of three hundred fifty four 
pounds thirteen shillings and nine peiice, due from the said 
Benjamin Goodspeed to the Treasurer of the said Com- 
monwealth, be deducted from the sum oifour hundred and 
eighty four pounds twelve sliillings, due to the said town 
of Barnstable from the said Commonwealth : and the said 



1782. — May Session. 195 

Treasurer is hereby directed and ordered to discount the 
said sum due from the said Goodspeed, out of the money 
due to said town accordingly. June 6, 1782. 



Chapter 17. 

RESOLVE ON THE PETITION OF EDWARD MARTYN. 

On the jjetition of F^dwavd Martyn, j^raym^/ that a small 
real estate, given hy will to him and others in shares, may 
be settled without a division of the land, for reasons men- 
tioned in the petition. 

Wliereas it appears to this Court, that a division of said 
land ivill he attended ivith considerable loss to said heirs: 
Therefore, 

Resolved, That the Judge of Probate of wills for the 
county of Worcester, be, and he is hereby fully authorised 
and empowered to make a distribution and settlement of 
the real estate of Jolin Martyn, late of JVbrthborough, 
innholder, deceased, to and among his children, legatees, 
in the same proportions mentioned in said will, without a 
division of said land, in the same manner as if said 
deceased had died intestate, the said will or any law to 
the contrary notwithstanding. June 7, 1782. 

Chapter 18. 

RESOLVE RELATING TO FIRE ARMS DELIVERED BY A RESOLVE 
OF THE 20th SEPTEMBER, 1777. 

Whereas the General Court, by a resolve passed the 
20th September, A, D. 1777, directed the Commissary 
General lo furnish the eight months soldiers with fire arms 
and accoutrements, the same to be charged to their respec- 
tive toiuns, and to be paid for by them, unless returned: 
And whereas in many instances such soldiers ivere com- 
pelled to deliver said fire arms and accoutrements to the 
keeper of the Continental stor^e, previous to their departure 
from the army: Therefore, 

Resolved, That in all instances where it shall be made 
to appear to the committee for settling with public 
defaulters, by sufficient vouchers, that such fire arms and 
accoutrements were delivered to the keeper of said stores, 
that said committee be, and hereby are directed, to dis- 
charge such towns of all demands for the same. 



Ghajp. 17 



Chay, 18 



196 1782. — May Session". 

And it is further Resolved, That the said committee be, 
and hereby are directed, to deliver to the committee for 
stating and methodizing public accounts, a list of all such 
fire arms, with the vouchers for the delivery of the same, 
to the keeper of the said stores, in order that the same 
may be charoed to the United States. 

June 10, 1782. 



Chapter 19. 

Chap. 19 RESOLVE ON THE PETITION OF THOMAS FLYXT AND OTHERS. 

On the petition o/" Thomas Flynt and others: 

Resolved, That his Excellency the Governor, with 
advice of Council, be requested to give a passport to 
Benjamin Broivne, James li^elley, and Thomas Flynt, 
to return to their habitations in JSTova Scotia. 

Also Resolved, That the Commissary General furnish 
the said petitioners twelve days rations for sixty-five 
men. 

Also Resolved, That the naval oflicer for the port of 
Salem, inspect all the letters and papers they may carry 
with them. June 10, 1782. 

Chapter 30. 

Chap. 20 RESOLVE ox THE PETITION OF EBENEZER Ci?0S5F DIRECTING 
-^' THE COMMITTEE FOR THE SALE OF ABSENTEES ESTATES IN 

THE COUNTY OF STFFOLA' TO RECEIVE CERTAIN DEPRECIA- 
TION NOTES OF SAID CROSBY. 

On the petition of Ebenezer Crosby praying relief in 
case therein stated. 

Resolved, That the committee for the sale of estates of 
absentees in the county of Suffolk, be, and they hereby 
are empowered and directed, to receive of the said Eben- 
ezer Crosby, certain depreciation notes paid to him by the 
Treasurer of this Commonwealth, for services as surgeon 
in the Continental army, and made payable on the first 
Day of March A. D. 1781, so far as may be sufficient to 
discharge a certain mortgage executed I)y Joseph Crosby, 
Esq ; deceased, to Issac Winsloiv, Esq ; an absentee, 
on the 5th of August, 1768 as security for the payment 
of one hundred pounds, lawful money, with interest 
thereon, and that on receipt thereof, the said committee 



1782. — May Session. 197 

on the behalf of this Commonwealth, give a proper and 
legal discharge to the said Crosby, and cancel the said 
mortgage at the registers office in the county of Suffolk, 
aforesaid. June 10, 1782. 



Chapter 31. 

RESOLVE ON THE PETITION OF LIEUTENANT WILLIAM nJtnr\ 91 

ANDREWS. ^nap. ^1 

On the petition of Lieutenant William Andrews, 
Resolved, That there be paid out of the treasury of this 
Commonwealth, the amount of the second depreciation 
note belonging to Lieutenant William Andrews, agree- 
able to the scale for adjusting said notes, for reasons set 
forth in his petition, any law or resolve to the contrary 
notwithstanding. June 10, 1782. 

Chapter 33. 

RESOLVE DIRECTING THE COMMISSARY GENERAL TO PROCURE CJiaT) 22 
CERTAIN ARTICLES, ON THE PETITION OF JOHN LANE, IN ^ 

BEHALF OF THE AMASCOGGIN INDIANS. 

On the petition q/" John Lane, in behalf of the Amascog- 
gin Indians, praying to be supplied 2vith a number of 
articles. 

Resolved, That the Commissary General be, and he is 
hereby directed, to procure the following articles (and 
send them to some suitable person who resides near where 
said Indians live, to be disposed of to said Indians at a 
reasonable price, and receive the pay therefor in skins or 
furrs, which the Commissary is directed to receive on 
account of this Commonwealth) viz. two dozen fish hooks, 
five guns, twenty-six pounds gun powder, one hundred 
pound buck shot and musket ball, thirty-three blankets, 
one hundred sewing needles, thirteen Indian knives, cloth 
sufficient for thirteen pair Indian stockings, ten dozen 
flints, fourteen yards stuff* for Indian petticoats, twenty 
pounds tobacco, two pounds vermillion, thirty-three shirts 
and shifts, or cloth sufficient to make them ; and the 
Commissary aforesaid is directed to deliver such of the 
foregoing articles as he shall judge necessary, to the two 
Indians who are now in Boston. 

And it is also Resolved, That such of the aforesaid arti- 



198 1782. — May Session. 

cles as the Commissary General has not on hand, the 
Agent for this Commonwealth is directed to supply, pro- 
vided he has them on hand. June 10^ 1782. 

Chapter 23. 

Chap. 23 RESOLVE ON THE PETITION OF THE SELECTMEN OF REHOBOTH, 
•'■ DIRECTING THE SHERIFF OF THE COUNTY OF BRISTOL TO 

RETURN THE EXECUTION UNSATISFIED. 

071 the jjeiition of the selectmen of Rehoboth, praying 
that tlie execution from the Treasurer of this Common- 
wealth, against said town, for seventeen men, ordered to 
he raised for filling uj) the Continental army, agreeably to 
a resolve passed in March last, be recalled without cost to 
the said town, for reasons set forth in the said petition: 

Resolved, That the prayer of the petition be so far 
granted, that the sheriff of the county of Bristol be, and 
he hereby is directed, to return the said execution wholly 
unsatisfied, and that the Treasurer of the Commonwealth 
be directed not to issue an alias execution against said 
town, until the 15th day of July next, which time is given 
to the said town of Rehoboth to compleat their returns of 
their quota of the men to be raised agreeal)le to a resolve 
of March last, for filling up the Continental army. And 
in case the said town shall make a regular return of their 
quota as aforesaid, by the time abovementioned, the said 
town shall not be subjected to any cost on account of the 
execution aforesaid, otherwise shall be holden to pay all 
the costs that have arisen or maj' arise by reason of their 
neglect. June 10, 1782. 



Chap. 24 



Chapter 24. 

RESOLVE DIRECTING THE TREASURER TO DELIVER THE 
COMMISSARY GENERAL ALL THE PEARL AND POT ASH IN 
HIS HANDS, AND TO DISPOSE OF THE SAME, TOGETHER 
WITH A QUANTITY OF BEEF AND LEAD. 

On the letter from the Commissary General to his 
Excellency the Governor, representing his ivant of sundry 
stores : 

Resolved, That the Hon. Henry Gardner, Esq ; Treas- 
urer of this Commonwealth, be, and he hereby is directed, 
to deliver to Richard Devens, Commissary General, all 
the pearl and potash belonging to the Commonwealth, 
now in his hands, taking his receipt for the same. 



1782. — May Session. 199 

Resolved, That Richard Devens, Commissary General, 
sell, on the best terms he can, all the pearl and potash 
he shall receive of the Treasurer aforesaid ; also that he 
sell live tons of lead, and between two and three hundred 
barrels of beef, and that with the proceeds he purchase 
such articles for the Commonwealth, as shall enable him 
to comply with the orders of government, he to be 
accountable for the same. June 10, 1782. 

Chapter 25. 

A GRANT OF TWENTY-FIVE POUNDS TO JOHN BROCK. CJiaV 25 

On the petition of J(;hn Brock : 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to the said John Brock, 
the sum of tivevty-jive pounds, in order to support him in 
his very advanced age. June, 10, 1782. 



Chap. 26 



Chapter 36. 

A GRANT OF SIX THOUSAND POUNDS, TO THE COMMITTEE 
APPOINTED FOR ALLOWING AND PASSING ACCOUNTS. 

Whereas it appears to this Cou7't, that a sum of money i^ 
necessary to be appropriated for thepayment of such account^ 
as have or may be allowed by the committee Jor examining 
and passing accounts. 

Therefore Resolved, That the sum of six thousand 
pounds be paid out of the treasury of this Commonwealth, 
to the committee appointed for allowing and passing 
accounts, out of the monies to be drawn in by the State 
tax of October last ; the said committee to be accountable 
for the expenditure of the money they shall receive. 

June 10, 1782. 

Chapter 27. 

RESOLVE APPOINTING THE HON. INCREASE SUMNER, NATHAN- fihfjj. 07 
lEL GORHAM, AND SETH WASHBURNE, ESQ'RS. TO REPAIR ^""^r' ^* 
TO THE COUNTY OF BARNSTABLE, FOR THE PURPOSE MEN- 
TIONED IN A RESOLVE PASSED 30th JANUARY 1782. 

Whereas by a resolve of the General Court, made and 
passed the 30th day of January, 1782, Noah Goodman, 
Abner Holden, and John Fessenden, Esq'rs. 2vere 
appointed a committee to repair to the county 0/ Barnstable, 
and view the circumstances thereof, and hear all persons 
concerned, and report thereon: And ivhereas upon appli- 



200 1782. — May Session. 

cation from the several toions in the county of Bamsttible, 
representing the distressful circumstances of the inJiahitants 
of said county in general and their inability to comply 
with the requisitions of government for supplying their 
quota of men and beef for the Continental army, Febru- 
ary 2, 1782 : 

It was further Resolved, That JSToah Goodman, Abner 
Holden, and John Fessenden, Esq'rs. appointed a com- 
mittee b}' the said resolve of the 30th of January afore- 
said, to go into the towns of Yarmouth, Haricich, East- 
ham and Chatham in the county of Barnstable, were 
directed to go into all the other towns in said count}', for 
the purposes mentioned in said resolve, and make their 
report accordingly. 

And whereas the said Noah Goodman, Abner Holden, 
and John Fessenden, Esq'rs. have not attended that ser- 
vice: Therefore, 

Resolved, That the Honorable Increase Sumner, 
JSfathaniel Gorham and Seth Washburne, Esq'rs. be a 
committee to be joined with such other person as the hon- 
orable Senate shall see lit to join, instead of the said ^"o«7« 
Goodman, Abner Holden, and John Fessenden, Esq'rs. 
to repair to the county of Barnstable, and view the towns 
therein, and report thereon, agreeable to the said resolves, 
anything in the aforesaid resolves notwithstanding. 

June 11^1782. 



Chap. 28 



Chapter 28. 

RESOLVE ON THE PETITION OF XATHAXIEL GLOVER. 

On the petition of Nathaniel Glover : 

Resolved, That the resolve of the General Court of the 
sixth of May last, empowering the said Nathaniel Glover 
to bring an action against Ephraim and Josiah Bacon, 
for obtaining the payment of a sum of money due on a 
bond given to John Simpson be and hereby is repealed and 
rendered of no effect. Further Resolved, that the said 
Nathaniel Glover be and he hereby is empowered to bring 
an action in his own name against Ephraim and Josiah 
Bacon for obtaining the payment of a sura of money due 
on their bond given to Jonathan Simpson for one hundred 
pounds, and to pursue the same action to final judgment 
and execution, any law or usage to the contrary notwith- 
standing. June 11, 1782. 



1782. — May Session. 201 



Chapter 29. 



ESTABLISHMENT FOR THE STAFF AND (JJiaj) 29 

lND commissioned officers, who ^ ' 



RESOLVE MAKING AN Es 
FIELD OFFICERS AN] 
MARCHED IN THE ALARM IN OCTOBER LAST, FROM THE 
COUNTY OF BERKSHIRE. 



Resolved, That all staff and field officers, and commis- 
sioned officers, commanding companies who marched on 
the alarm in October last, from the countj^ of Berkshire, 
b}' order of General Fellows, make up their rolls for 
allowance, agreeable to the Continental establishment, for 
themselves and companies, and that said rolls, after being 
examined and allowed bv the committee on muster rolls, 
be paid, and the same charo-ed to the Continent. 

June 11, 1782. 

Chapter 30. 

RESOLVE AUTHORIZING ELIZABETH FREEMAX, TO MAKE SALE (J]ian. 30 
OF THREE PIECES OF MARSH MENTIONED IN HER PETITION. ^ ' 

On the j^etition of Elizabeth Freeman, iclfe of Isaac 
Freeman, of Boston, j>raj/inr/ that she maybe enabled to 
Qnake sale of three small pieces of marsh, belonging to the 
estate of the said Isaac, /or reasons mentioned in said peti- 
tion : 

Resolved, That the prayer of said petition be granted, 
and that the said Ulizabeth be, and hereby is fnlly author- 
ized to sell the abovesaid pieces of marsh on the best 
terms she can, and make and execute a good and lawful 
deed or deeds of the said marsh, to any person or persons 
who shall purchase the same and apply the money arising 
by said sale to the purposes mentioned in said petition. 

June 13, 1782. 



Chapter 31. 

RESOLVE ON THE PETITION OF REBEKAH MUXRO. 

On the petition q/'Rebekah Munro, praying that she may 
receive tlie payment of monies due to her late husband, Capt. 
Edmund Munro,/br reasons set forth in said petition : 

Resolved, That there be paid out of the public treasury, 
to the said Rebekah JIunro, the monies due upon two de- 
preciation notes, which were given to her late husband, 
Capt. Edmund Munro, and became payable the one on 



Chap. 31 



202 1782. — May Session. 

the first day of March, 1781, and the other ou the first 
day of March, 1782. 

Further Resolved, That the executors or administrators 
of such officers and soldiers as have been slain in battle, 
or have died in actual service, be, and hereby are placed 
in the same situation for receiving the payment of the 
depreciation notes given to such officers and soldiers, as 
they themselves would be in were they still living and in 
actual service. June 14, 1782. 



Chapter 33. 

ChaV' 32 i^EsoLVE empowering Nathaniel gorham, esq; to make 

^ * SALE OF THE LAND MENTIONED IN HIS PETITION. 

On the petition of Nathaniel Gorham, £Jsq; praying 
for license to make sale of certain lands in his p)etition 
mentioned, for reasons therein set forth: 

Resolved, That the prayer of the petition be granted, 
and that the petitioner be, and he is hereby fully empow- 
ered, to make sale of the land in his petition mentioned, 
for the most the same will fetch, and make and execute a 
good and lawful deed or deeds thereof to the purchaser or 
purchasers, he observing the rules and directions of the 
law for the sale of real estates by executors and adminis- 
trators, first giving security to the Judge of Probate for 
the county of Worcester, that the proceeds of said sale 
shall (after deducting the charge of sale, and paying the 
deceased's just debts) be paid to the deceased's heir. 

June 13, 1782. 



Chapter 33. 

Chan 33 ^ GRANT OF SIXTY POUNDS TO CHARLES CUSHING, ESQ; 
^ ' CLERK OF THE JUDICIAL COURT. 

On the petition of Charles Gushing, Ssq; residing 
clerk of the Supreme Judicial Court: 

Resolved, That there be allowed and paid out of the 
public treasury of this Commonwealth, to said OJiarles 
Gushing, the sura of sixty pounds, in full compensation 
for his services as clerk of the Supreme Judicial Court of 
said Commonwealth, from the 6th oi March, 1781, to the 
6th of March last. June 13, 1782. 



1782. — May Session. 203 

Chapter 34. 

RESOLVE ON THE PETITION OF COL. THOMAS MARSHALL. (JJiar). 34 

On the petition of Col. Thomas Marshall : 
Resolved, That the Treasurer of this Commonwealth be 
directed, and he is hereby accordingly directed, to receive 
of Col. Thomas Marshall, his depreciation note due in 
March, 1781, in part of what may be due from said Mar- 
shall to the committee for sellino- absentees estates in the 
county oi Middlesex. June 15, 1782. 

Chapter 35. 

RESOLVE ON THE PETITION OF GILBERT DEXCH, IN BEHALF pjjf.^ QK 
OF THE TENANTS OF HARVARD COLLEGE, IN THE TOWNS ^'''^W' ^'^ 
OF HOPKIXTOy AND UPTOX. 

On the petition q/" Gilbert Dench, in behalf of the tenants 
of Harvard College, in the toivns o/Hopkinton and Upton. 

Whereas many and great inconveniences have arisen to 
the tenants of lands in the toivns q/'Hopkinton and Upton, 
held by lease from the trustees appointed by the Court of 
Chancery, to purchase lands , for perpetuating the charity 
of Edward Hopkins, Esq; to Harvard College, and the 
grammar school in Cambridge, and also much difficulty 
to the said trustees from the present mode of collecting the 
quit-rents from the said tenants: Therefore, 

Resolved, That for the term of seven years next ensuing, 
all the lands held by lease from the trustees aforesaid, to- 
gether with the polls, buildings and personal estates of 
the holders thereof, in the aforesaid towns of Hopkinton 
and Upton, shall be assessed in all taxes to be levied on 
the estates and polls of the inhabitants of this Common- 
wealth, as fully and in the same manner and proportions, 
as though the said lands were held in fee simple, b}^ the 
possessors thereof; and that the collectors or constables 
of the said towns be, and they hereby are empowered and 
directed, to pay out of the sums by them received for taxes 
assessed as aforesaid, such quit-rents as may from time 
to time become due to the trustees aforesaid, into the 
hands of their Treasurer for the time being, taking dupli-. 
cate receipts for the same. And the Treasurer of this 
Commonwealth is hereby directed, on receiving one of 
those duplicate receipts, to discharge the said constable 
or collector of so much of the tax or taxes committed to 



204 1782. — May Session. 

him to collect, in the said town of Hojihinton or Upton, 
on any general assessment on the inhabitants of this Com- 
monwealth : And in case the constables or collectors of 
the said towns, or either of them, shall refuse or neglect 
to pay the quit-rents aforesaid, to the Treasurer of the 
said trustees as aforesaid, the Treasurer of this Common- 
wealth is hereb}' directed, to issue his executions for the 
same, and on receipt thereof, to pay the amount of the 
said quit-rents into the hands of the Treasurer of the said 
trustees, taking duplicate receipts for the same, one of 
which to be deposited in the Secretary's office, any act or 
resolve of the General Court to the contrary notwith- 
standing. June 17, 1782. 



Chapter 36. 

Chav 36 ^^ESOLVE requesting the governor, with advice of 

^ ' council, to remove ABEL DUNSMORE AND OTHERS 

FROM NORTHAMPTON GOAL, TO THE GOAL IN BOSTON, 
AND TO PURSUE VIGOROUS MEASURES FOR THE APPRE- 
HENDING OTHER RIOTERS IN THE COUNTY OF HAMPSHIRE. 

Whereas Samuel Ely, before the Suj)reme Judicial 
Court holchn at Northampton, witltin and for the county 
of Hampshire, on the last Tuesday of April last past, 
teas convicted of high crimes and misdemeanors, and was 
thereupon sentenced to confinement for a term not yet 
elapsed : And luhereas a large number of disorderly and 
seditious persons, on the 12fh day of June, current, riot- 
ously assembled, did violently breah the goal in Spring- 
field, in the said county, where the said Ely was confined, 
and thereupon set the said Ely at large, and jierpetrated 
many other great and dangerous enormities, threatening 
the sid)version of the constitution and the ruin of our lib- 
erties, and Abel Dinsmore, Perez Bardwell and Paul 
King, are noiv confined as being concerned in the said riot- 
ous conduct: 

Resolved, That his Excellency the Governor, l)y and 
with the advice and consent of Council be, and he hereljy 
is requested, to issue his warrant, directed to the sheriff 
of the said county, to remove the said Abel Dinsmore, 
Perez Bardicell, and Paid King, under such guard as the 
said sherifl" shall judge necessary, from the goal in JVorth- 
ampton, where they are now confined, to such goal as in 
the said warrant may he expressed, there to remain in 



1782. — May Session. 205 

said custody until the said Samuel Ely shall be returned 
to goal, and until the said Abel Dinsmore, Perez Bard- 
well, and Paul King, shall give assurances of future quiet 
and peaceable behavior ; and when the said Samuel Ely 
shall be so returned to prison, and they shall give such 
assurances, the Governor, with the advice and consent of 
Council shall be and hereby is empowered and requested, 
to release and discharge them respectively from their said 
confinement. And his Excellency the Governor, with 
the advice and consent of Council, is hereb}' requested to 
adopt and pursue such vigorous, effectual, and energetic 
measures, as may be necessary to reduce to subjection, 
and bring to condign punishment, the authors and perpe- 
trators of the said tumult, and any person or persons who 
may oppose the due execution of law within the said 
county. 

And it is further Resolved, That it is the indispensible 
duty of the good people of this Commonwealth, to give 
their aid to such measures as may be necessary for the 
purposes aforesaid, and to support the executive authority 
herein, with their lives and fortunes. And if the said Ely 
shall be returned to confinement, according to his said 
sentence, that the Governor, with the advice and consent 
of Council, be, and he is hereby empowered and requested, 
to cause him the said Ely to be removed to such place of 
safe confinement as they shall direct, in some common 
goal within this Commonwealth. 

And it is further Resolved, That all persons who have 
heretofore aided the sheriff of the said county in support 
of the constitutional authority of this Commonwealth, 
and who shall hereafter aid him therein, shall be allowed 
and paid a reasonable sum therefor, their names, together 
with the rank they respectively hold in the militia, 
together with the time and nature of the service, being 
made known to the General Court b}^ the said sheriff. 

And it is further Resolved, That his Excellency the 
Governor be, and he is hereby requested, to make known 
to Elisha Porter, Esq ; the said sheriff, the high estima- 
tion in which the Assembly hold the important services 
he has rendered the government in the execution of the 
duty of his office, in the time of danger ; and that he 
request the said sheriff to present the thanks of the Gen- 
eral Court to the well disposed inhabitants of the said 
county, to whose patriotic exertions the government is so 



206 1782. — May Session. 

much indebted, and particularly to Warham Paries, Esq ; 
Brigadier of the said county, for his zeal and firmness on 
an occasion so important, and to Capt. Solomon Allen, 
for his cool, gallant and spirited conduct on this and 
former emergencies. June 17, 1782. 

Chapter 37. 

Chap. 37 RESOLVE ON THE PETITION OF JOHN WEBBER. 

On the petition of John Webber, of Wells, setting 
forth. That he enlisted into the Continental service for three 
years, in January, 1777, and at the retreat at Ticonderoga^ 
ivas captured by the enemy, and sent to Quebec, from 
thence to Gieat Britain, where he remained a jprisoner in 
goal until the 15th of December, 1781 ; then being ex- 
changed, went to France, /r'om whence he returned home to 
Wells, the 2%th q/" April last — praying he may be allov:ed 
his ivages, &c. until lie returned home: 

liesolved, That the prayer of the petitioner be so far 
granted, that the committee for settling with the army be» 
and hereby are directed, to settle with said Webber to the 
31st of Decetnber, 1780, in the same manner as they settle 
with other soldiers in the Continental army for this State's, 
quota, the same to be charged to the United States. 

June 20, 1782. 



Chap. 



38 



Chapter 38. 

RESOLVE ON THE PETITION OF ROBERT ORR, GUARDIAN TO 
MATILDA, STEPHEN AND OTHERS, CHILDREN OF STEPHEN 
WHITMAN, EMPOWERING HIM TO SELL THE UPLAND AND 
BUILDINGS MENTIONED. 

On the petition of Robert Orr, guardian to Matilda, 
Stephen, Independence and Mary, children of Stephen 
Whitman, deceased, praying for liberty to sell tJie real 
estate of said Whitman, containing thirty-nine acres of 
upland, with buildings thereon, lying in Bridgwater, in 
the county of Plymouth, for the benefit of said children, 
minors, for reasons set forth in his j^etition : 

liesolved, That the prayer of said petitioner be granted, 
and that the said Robert Orr be, and he is hereby empow- 
ered and directed, to make sale of said thirty-nine acres 
of upland, with the buildings thereon, for the most it wnll 
fetch, and to make out and execute a irood and lawful 



1782. — May Session. 207 

deed or deeds to the purchaser or purchasers, he observ- 
ing the rules and directions of hiw for the sale of real 
estates by executors and administrators, he first giving 
bonds to the Judge of Probate for the county of Plym- 
outh, for the proceeds of the sale and for the expenditure 
thereof. June 17, 17 82. 

Chapter 39. 

RESOLVE EMPOWERING THE SELECTMEN OF THE TOWN OF Ckctp, 39 
CAMBRIDGE, TO MAKE SUCH ALTERATIONS IN THE GREAT- ^ 

BRIDGE IN CAMBRIDGE, AS SHALL BE THOUGHT MOST 
BENEFICIAL TO THE PUBLIC. 

On a representation to this Court, that in the year 1775, 
at the request of the commander in chief, the construction of 
the Great Bridge in Cambridge, over Charles River, was 
such, that the leaves of the same bridge might be drawn up 
in a perpendicular direction, for the purpose of preventing 
the access of the British army to the said toivn, luhich is 
now found very inconvenient to the adjacent towns, and to 
the public: 

Therefore Resolved, That the selectmen of the town of 
Cambridge be, and they are hereby empowered, to dis- 
continue the leaves of the said liridge, and construct the 
same in such manner as shall be thous^ht most beneficial 
to the public. June 17, 1782. 



Chapter 40. 



Chap. 40 



A GRANT OF SIXTT-SEVEN POUNDS TEX SHILLINGS TO 
ALEXANDER HILL. 

Resolved, That there be allowed and paid out of the 
public treasury, unto Alexander Hill, sixty-seven pounds 
and ten shillings, in full for his service from the first day of 
JSrovembe)\ 1781, to the twentieth day of March, 1782, 
inclusive, as one of the committee for settling the accounts 
of the late Board of War. June 18, 1782. • 

Chapter 41. 

RESOLVE EMPOWERING SAMUEL FISK, GUARDIAN TO ELISHA ChttT)' 41 
COX, A MINOR, TO -MAKE SALE OF THE LAND MENTIONED ^ ' 

IN HIS PETITION, 

On the petition of Samuel Fisk, guardian for Elisha 
Cox, a minor, praying for liberty to sell a tract of land, 
for reasons set forth in his petition: 



208 1782. — May Session. 

Resolved, That the prayer of his petition be granted, 
and that he the said Samuel FisJc, in his capacity of guar- 
dian, is hereby authorised and empowered, to make sale 
of the said lands, for the most the same will fetch, and to 
make and execute a good and lawful deed or deeds to the 
purchaser or purchasers, he observing the rules and direc- 
ti 'ns of law for the sale of real estates by executors or 
administrators, he lirst giving bonds to the Judge of Pro- 
bate for the count}^ of Middlesex, that the money arising 
by the sale shall be appropriated agreeable to the rules 
and directions of law. June 18, 1782. 

Chapter 42. 

Chap. 42 RESOLVE on the petition of Joseph lee of marblehead. 

Upon the petition o/" Joseph Lee, of Marblehead, in the 
county of Essex, merchant, agent for the estate of Joseph 
Hooper, late of the same Marblehead, gentleman, an 
absentee : 

Resolved, That the actions mentioned in said petition, 
viz. an action commenced by Robert Hooper, of the same 
Marblehead, Esq ; against said Joseph Hooper, and an 
action commenced by said Robert Hooper, Robert Hooper 
the third, and Sivett Hooper, against said Josepli Hooper, 
at the Inferior Court of Common Pleas held at Salem, 
within and for said county of Essex, on the second Tues- 
day of July, A. D. 1775, which actions were re-entered 
in that Court on the second Tuesday of July last, agreea- 
bly to a former resolve of the General Court, and have 
been there further prosecuted and appealed to the Supreme 
Judicial Court, and now stand continued therein, be con- 
sidered as if the same had been commenced against said 
Joseph Lee in his said capacity of agent, and had been 
regularly continued from said term of July, A. D. 1775, 
to the term of July, A. D. 1781, when the same were 
re-entered ; and said agent, in his said capacity, may 
defend the same as if commenced as aforesaid, and the 
demand made in said actions, and all other demands 
against said Joseph Hooper'' s estate, shall be liquidated 
and adjusted according to the laws of this Commonwealth, 
concerning the estates of absentees, and the payment of 
debts due from them ; and said agent shall have advantage 
in his said defence of all the laws and resolves of this 



1782. — May Session. 209 

Commonwealth, which have at any time passed concern- 
ing absentees estates, and the payment of debts due from 
them, any former resolve of this Court notwithstanding. 

June 18, 1782. 

Chapter 43. 

RESOLVE ON THE PETITION OF JONATHAN PETTIBONE, AD- ChnTi 4^ 
MINISTRATOR ON THE ESTATE OF JOSEPH KEELER, LATE ^"'^r' *^ 
OF LANESBOROUGH, IN THE COUNTY OF BERKSHIRE, 
DECEASED. 

On the petition 0/ Jonathan Pettibone, administrator on 
the estate of Joseph Keeler, late of Lanesborough, in the 
county of Berkshire, deceased, praying for liberty to ma'ke 
and execute a deed of a certain lot of land to David Bur- 
ton, /or reasons set forth 'in his pietition : 

Resolved, That the prayer of his petition be granted, 
and the said Jonathati Pettibone, in his capacity of admin- 
istrator, be, and he is hereby fully empowered, to make 
and execute a good and lawful deed of the lands in his 
petition mentioned, to David Burton, he first giving 
bonds to the Judge of Probate for the county of Berk- 
shire, that the proceeds of said sale shall be applied 
agreeable to the rules and directions of law. 

June 20, 1782. 

Chapter 44. 

RESOLVE ON THE PETITION OF ELIZABETH HALL AND JOHN QJiar) 44 

FREELAND. "' 

On the petition of Elizabeth Hall and John Freeland, 
praying for licence to make sale of certain land, &c. in 
their petition mentioned , for reasons therein set forth: 

Resolved, That the prayer of the petition be granted, 
and that the petitioners be, and they are hereby fully 
empowered, to make sale of said land and building in 
their petition mentioned, for the most the same will fetch, 
and make and execute a good and lawful deed or deeds 
thereof to the purchaser or purchasers, they observing 
the rules and directions of the law, for the sale of real 
estates by executors and administrators, first giving secu- 
rity to the Judge of Probate for the county of Middlesex, 
that the proceeds of said sale shall be applied in manner 
following, viz. the whole be put on interest for the benefit 



210 1782. — May Session. 

of the widow and heirs of the deceased, and the interest 
of one third part thereof paid annually to the deceased's 
widow, as dower, the other two thirds, both principal and 
interest, to be paid to the several heirs in legal propor- 
tion, as they respectively arrive at lawful age, and the 
principal of that part, the interest of which is assigned to 
said widow, as dower, at her decease, to be in like man- 
ner and in like proportion to said heirs. 

June 18, 1782. 

Chapter 45. 

CJiaV 45 I^ESOLVE ON THE PETITION OF SAMUEL SEWALL, AND 
^' ABIGAIL HIS WIFE. 

On the petition of Samuel Sewall and Abigail his wife, 
'praying for licence to make sale'Of sundry lots of land in 
their petition mentioned, for reasons therein set forth: 

Resolved, That the prayer of said petition be so far 
granted, as that the petitioners be, and hereby are em- 
powered, to sell one lot of said land, viz. No. 124, 
containing about one hundred acres, and lying on Pre- 
sumpscutt river, and that a deed of said lot, executed in 
common form by said Samuel and Abigail, shall be valid 
and efiectual to pass the same, the nonage of said Abigail 
notwithstanding. June 18, 1782. 

Chapter 46. 

ChaV' 46 i^EsoLVE directing col. william burbeck, to inspect 

^ ' ALL THE POWDER BELONGING TO THIS COMMONWEALTH, 

AND MAKE RETURN TO THE COMMISSARY GENERAL. 

Resolved, That Col. William Burbeck, Inspector of 
powder, be, and he hereby is directed, to inspect all the 
powder belonging to this Commonwealth, as soon as may 
be, and make a return of the same to Richard Devens, 
Esq ; Commissary General, and that on the receipt 
thereof, the said Commissary General be, and he hereby 
is directed, to get all the damaged poAvder work'd over 
as soon as possible. June 18, 1782. 



Chap). 47 



Chapter 47. 

RESOLVE ON THE PETITION OF SAMUEL HIXSON. 

On the petition of Samuel Hixson, guardian to two of 
his children, viz, Chloe and Zilphe, intitled to an estate of 



1782. — May Session. 211 

seventeen acres of land by their mother^ deceased, praying 
for liberty to sell the same for the benefit of said children, 
as set forth in his jJetition : 

JResolved, That the prayer of the petitioner be granted, 
and that he the said Samuel Hixson, is hereby authorised 
and impowered, to make sale of said land for the most 
it will fetch, and to make and execute a good and lawful 
deed or deeds to the purchaser or purchasers, he observ- 
ing the rules and directions of law, for the sale of real 
estates by executors and administrators, he giving bonds 
to the Judge of Probate, for the county of Middle- 
sex, for the security of the proceeds of such sale, for the 
benefit of the said children. June 18, 1782. 

Chapter 48. 

RESOLVE ON THE PETITION OF SETH BARNES, OF YARMOUTH, /^A^*, AQ. 
IN THE PROVINCE OF NOVA SCOTIA. Kyfllip. ^tO 

Upon the petition of Seth Barnes, of Yarmouth, in the 
province of Nova Scotia. 

Whereas it apjyeai^s to this Court, that the inhabitants 
of Yarmouth, in Nova Scotia, have in a variety of in- 
stances shewn a disposition of the most pacific and friendly 
tendency to the subjects of the United States, and have not 
taken any oath of allegiance to the crovm o/ Great Britain, 
and ought to be held as in amity ivith this State: 

And whereas certain j^^rsons in the private armed 
schooner Dart, on the night of the 26th q/' April last, took 
a schooner loaded with fish, and owned by the petitioner , 
then lying without sails in the harbour of said Yarmouth, 
and in the most outragous manner, broke into the house of 
the petitioner, and took and carried off a variety of pro- 
erty, contrary to the true intent and spirit of their commis- 
sion, and to the dishonour of the government under which 
they held their commission. 

Therefore Resolved, That the said Seth Barnes, be, 
and he hereby is authorized and empowered, to appear in 
any Maritime Court, and claim any property taken as 
aforesaid, and to institute and pursue to final judgment and 
execution, such suits in the Courts of Common Law, as 
may enal)le him to recover and receive all such property ; 
and that in all Courts, w^hether of a maritime or common 
law jurisdiction, he be, and hereby is empowered, to 
exercise all the rights and privileges, as far as shall respect 



212 1782. — May Session. 

such property, as fully as if he was an inhabitant of this 
Commonwealth ; and the Courts aforesaid are hereby 
required and authorised, to allow him all the advantages 
and rights of a paity in the said Courts, the same as if 
said Seth Barnes was a liege subject of this Common- 
wealth, any law or resolve to the contrary notwithstanding. 

June 19, 1782. 



Chap. 49 



Chapter 49. 

RESOLVE ON THE PETITION OF JOHN HUNT. 

On tJie petition of John Hunt, setting forth , That at an 
Inferior Court of Common Pleas, last held at Boston, in 
and for the county o/* Suffolk, he commenced a suit against 
David Ropes, on ivhich the said David made default, and 
that judgment by mistake was thereupon rendered for a sum 
less than the just debt or damage: 

Resolved, That the prayer of the same l^e so far granted, 
as that the judgment and execution therein mentioned be, 
and hereby is annulled and reversed, and that the Inferior 
Court of Common Pleas to be held at Boston, in and for 
the county of Suffolk, on the second Tuesday of July 
next, be, and hereby is authorised and empowered, to 
enter a new judgment on said action, and award execution 
thereon, in the same manner and form as if the same 
action had been entered at the said term ; the said Ropes 
to be notified thereof, by serving him with a copy of this 
resolve, at least fourteen days before any further proceed- 
ings be had thereon, and the said John to pay the costs 
thereof, unless he recover a greater sura in damages than 
what was obtained on the last judament. 

June 20, 1782. 

Chapter 50. 

Char> 50 ^ grant of thirteen pounds and one penny, to col. 

^ ' DAVID BREWER, FOR SUPPORTING SEVERAL INDIANS. 

The committee appointed to enquire into the cause of 
the Indians at Col. Breicer^s not returning home, have 
attended that service, and find that the said Indians are 
indebted to Col. Brewer for support, and for a Doctor 
for one of them while sick : Therefore, 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to Col. David Brewer, 



1782. — May Session. 213 

the sum of thirteen pounds one penny, in full for his sup- 
porting said Indians, and the further sum oi four pounds 
in full for the Doctor's bill. June 20, 1782. 

Chapter 51. 

RESOLVE ALLOWING PAY TO LEWIS DE MARESQUELLE, FOR CJidjy 5I 
THE TIME HE WAS ABSENT IN FRANCE. ^ ' 

On the p)et{tion q/" Lewis de lsl'Ave?>qaQ\\e, praying tJiat 
he may be alloiced his salary for the time that he 2vas 
absent in France, it being by permission from the General 
Court: 

Resolved, That the prayer of the petition be granted, 
and that he be allowed pay for the time he the said 
Maresquelle was absent in France. June 20, 1782. 

Chapter 52. 

RESOLVE GRANTING PAY TO LEVI SHE P HARD, ESQ; FOR SUN- njjfjj^ fZO 
DRY SERVICES. ^nUJIJ. 0£i 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to Levi Shephard, Esq ; 
by a note, payable in the year 1785, the sum of two hun- 
dred and six p)ounds ten shillings and four pence, being 
the balance due to him, for pay while a Commissary of 
small stores, cloathing, &c. from the 4th day of June, 
Yill , to the 4th day of May, 1779 inclusive, including 
his back rations. 

And also the further sum of one hundred pounds six- 
teen shillings and five pence, being the balance which 
appears to be due to the said Levi, for pay and rations 
for Aaron Pardy, an assistant to the said Levi, from the 
15th of October, 1777, to the 31st March, 1779, including 
rations due to the said Pardy, to be paid in the same 
manner as above mentioned. 

Also, the further sum of seventy -five pounds sixteen shil- 
lings and four pence, to be paid in like manner as above, 
being the balance which appears to be due to the said 
Levi, for the service o^ Edmund Gale, his assistant, from 
June, 1778, to April, 1779, including rations, and that the 
aforesaid sums be in full for the balance due from this Com- 
monwealth to the said Levi, for himself and his said assist- 
ants, exclusive of a resolve of the 7tli of October, 1779, 



214 1782. — May Session. 

^OY one thousand and thirty eight pounds ^ which sum not 
having been paid to the said Levi^ the said hist mentioned 
resolve is hereby repealed and made null and void. 

June 20, 1782. 

Chapter 53. 

ChaV. 53 RESOLVE on the petition of the town of BUXTON. 

On the petition of the toion of Buxton, setting forth, 
that there is a dispute between said town of Buxton and 
the town q/" Beverly, about ^a soldier for the Continental 
army on the requisition of the '2d of December, 1780. 
' Resolved, That the Sherift' of the county of York, his 

under Sheriff or Deputy, that has or may have an execu- 
tion against the said town of Buxton, for a deficient soldier 
upon the requisition of the 2d of December, 1780, be, and 
hereby is directed, to return the same not satisfied, and if 
the said town of Buxton shall, within forty days, produce 
a certificate from the muster master, who ma}^ determine 
the same that said soldier belonged to said Buxton, then 
the Treasurer of this Commonwealth is hereby directed, 
to discharge said town of Buxton from said deficiency, 
otherwise to issue an alias execution against said town 
therefor. June 21 , 1 782. 



Chapter 54. 

Chai) 54 i^esolve making valid the notes issued by the treas- 
-^ * urer, to pay the balances due to the officers and 

SOLDIERS of this STATE'S QUOTA OF THE ARMY, SIGNED 
BY ONE OF THE COMMITTEE. 

}VIiereas by an act p)assed the 10th of January, 1780, 
to provide for the security and "payment of the bcdances due 
to the officers and soldiers of this State's quota of the Con- 
tinental army, it is enacted, "That Thomas Dawes and 
Richard Crfmch,- 'Ksq'vs, be a committee to sign the notes 
issued out by the Treasurer to pay the said balances." 
A.nd whereas many inconveniences and delays have ariseji, 
occasioned by the sickness or absence of one or either of the 
said comynittee, to remedy which, Resolved, that said notes 
may be signed by one of the said committee only, and such 
notes so signed, shall to all intents and p)urposes be as valid 
as if sig7ied by both. June 21, 1782. 



1782. — May Session. 215 



Chapter 55, 

RESOLVE ON THE PETITION OF WILLIAM WAR} 
ING THE TREASURER TO PAY ' 
HIS SECOND DEPHECIATION NOTE 



XER. DIRECT- Qhup, 55 
ING THE TREASURER TO PAY THE INTEREST DUE ON "^ 



On thepetition of Willmin Warner, setting forth, tliathy 
reason of great losses he sustained while in the Continental 
service, he is reduced to very distressing and perplexing 
circumstances, and therefore praying for payment of his 
second dep)reciation note, as some relief under his unhappy 
circumstances. 

Resolved, That the prayer of the petitioner be so far 
granted, that the Treasurer of this Commonwealth be, 
and he hereby is directed, to pay unto the said William 
Warner, the interest due on his second depreciation note, 
which liecame payable last March, any law or resolve to 
the contrary notwithstanding. June 24, 1782. 



Chapter 56. 

RESOLVE FOR LENGTH NING THE TIME FOR THE SEVERAL Qharyy ^Q 
TOWNS IN THIS COMMONWEALTH, TO MAKE RETURN OF -^ ' 

THE CONTINENTAL BILLS OF THE OLD EMISSION, INTO THE 
SECRETARY'S OFFICE. 

Whereas it appears that the resolve passed the first of 
March last, directing all persons belonging to this Com- 
monivealth, to give unto the clerh of their respective toions, 
an account of the sum or su7ns of the Continental bills of 
the old emission, in their hands, and directing said clerks 
to transmit to the Secretary of this Commonivealth, an 
account thereof, before the last Wednesday in May last, 
has not fully answered the desired end. 

Resolved, That the time for making return of the sum 
or sums of said bills that may still remain in the hands of 
individuals in this Commonwealth, be, and is hereby 
extended to the fifteenth day of September next ; and that 
the several town clerks in this Commonwealth, to whom 
such returns may be made, conform to the directions of 
said resolve of March last ; and the Secretary is hereby 
directed to publish this resolve in Willis's paper. 

June 21, 1782. 



216 1782. — May Session. 



Chapter 57. 

Chap. 57 RESOLVE granting four hundred ninety pounds eight 

^ ' SHILLINGS TQ EDWARD TUCKERMAN, AND TWO HUNDRED 

TWENTY-SIX POUNDS TWELVE SHILLINGS TO JOHN JEN- 
KINS, FOR A QUANTITY OF FLOUR DELIVERED FOR THE 
USE OF THE CONTINENT. 

On the petition of Edward Tuckerman and John 
Jenkins, setting forth, that they have lent for the use of 
the Continent, two hundred and forty barrels of four, con- 
taining four hundred and seventy-eight hundred weight : 

Resolved, That they be allowed and paid out of the 
public treasury, the • following sums, viz. to Edicard 
Tuckerman, four hundred and ninety j^ounds eight shil- 
lings, and to John Jenkins, two hundred and twenty-six 
pounds, tivelve shillings, amounting in the whole to seve7i 
hundred and seventeen pounds, in full for said flour, which 
(aggregate) sum is to be charged to the United States, 
and deducted out of the first moiety of the Continental 
tax. June 21, 1782. 



Chapter 58. 

Chap' 58 K-ESOLVE ON THE PETITION OF JAMES NICHOLS AND ANNA 
^ ' HAY, EMPOWERING THEM TO MAKE SALE OF SO MUCH OF 

EACH LEGATEE'S RIGHT IN SAID DECEASED'S .REAL ESTATE 
AS WILL ANSWER THE PURPOSE MENTIONED. 

On the petition q/' James Nicholas and Anna Hay, exec- 
utors to the last ivill and testament of James Hay, late of 
Stoneham, deceased, praying for licence to make sale of so 
much of said deceased's real estate as will be sufficient to 
pay his just debts and funeral charges, for reasons set forth 
in said petition: 

Resolved, That the prayer of said petition be granted ; 
and that the said petitioners be, and hereby are fully 
empowered, in their said capacity, to make sale of so 
much of each legatee's right in said deceased's real estate 
as will amount to his or- her proportion of the just debts 
and funeral charges, of the said deceased's (and charges 
of sale) and make and execute a good and lawful deed or 
deeds thereof, to the purchaser or purchasers, they observ- 
ing the rules and directions of the law for the sale of real 
estates by executors and administrators, first giving bond 



1782. — May Sessioi^. 217 

to the Judge of Probate for the county oi Middlesex, that 
the proceeds of said sale shall be applied to the purposes 
mentioned in said petition. June 28, 1782. 



Chapter 59. 

RESOLVE GRANTING ONE HUNDRED AND FIFTY POUNDS AND (Jha'jy 59 
SEVEN PENCE, TO SAMUEL BALLARD AND BENJAMIN ^ ' 

BLAKE, FOR INSPECTING CLOATHING. 

On the j)eti(ion q/" Samuel Balhird and Benjamin Blake, 
praying for an alloivance for inspecting 81,775 garments, 
for the United States of America : 

Resolved, That there be paid out of the treasury of this 
Commonwealth, the sum of o;*e hundred and fifty pounds 
and seven p)ence, to Samuel Ballard and Benjamin Blake, 
in full for inspecting 81,775 garments for the use of the 
Continental army ; and that the same be charged to the 
United States of America. June 21, 1782. 

Chapter 60. 

RESOLVE EMPOWERING CALEB DAVIS, ESQ; AGENT, TO MAKE fljj^fj^ fif) 
SALE OF CLOATHING AND OTHER PUBLIC STORES NOT ^'''^F' "^ 
WANTED; AND EMPOWERING THE COMMISSARY-GENERAL 
TO SELL A QUANTITY OF BEEF AND GUN-POWDER; AND 
GRANTING SAID AGENT SIX HUNDRED POUNDS OUT OF 
SAID SALES FOR COMPLEATING THE SHIP TARTAR FOR 
SEA. 

Upon the memorial of the Hon. Caleb Davis, ^sq; 
Agent for this Commonwealth : 

Resolved, That he be, and hereby is empowered and 
directed, to make sale of such cloathing and other public 
stores, uot immediately wanted, and which are now in 
his possession, in such manner as he may judge most for 
the benelit of the Commonwealth. 

Resolved also, That the Commissary General be, and 
hereby is empowered and directed, to sell, in like manner, 
one hundred and fifty barrels of salt beef, and fifty barrels 
of gun powder, the sums arising by the sales of the articles 
mentioned in these resolves, to be paid into the hands of 
the Treasurer, said Agent and Commissary taking dupli- 
cate receipts therefor, one of which for each of the sums 
so delivered to the Treasurer, to be lodged in the Secre- 
tary's office. 



218 1782. — May Session. 

And it is further Resolved, That the Treasurer be, and 
he is hereby directed, to pay into the hands of Caleb 
Davis, Esq ; out of the money arising by the above said 
sales, the sum of six himdred pounds, by him to be applied 
to the purpose of compleating the ship Tartar for sea ; 
the said Davis to be accountajile ; and the remainder of 
the money to be applied to such purposes as the General 
Court shall hereafter order. June 24, 17 82. 

Chapter 61. 

CJiar>' 61 RESOLVE intitling john duncan to one-third pay from 

^ ' JANUARY 1776. 

Upon the representation of John Lucas, Commissary 
of pensioners, in behalf of John Duncan, a soldier in 
Col. Doolittle's regiment, in Adam Wheeler's company, 
who ivas wounded in his ai'm in the battle of Bunker-Hill, 
on the nth o/June, 1775, which renders him unable to get 
his livelyhood : 

Resolved, That the said John Duncan be intitled to 
one-third part of pay from January 1, 1776, and till he 
shall be fit for service. June 22, 1782. 

Chapter 62. 

Char) 62 resolve on the petition of kathbrine wendell, per- 

^' HITTING HER TO CONTINUE ON THE ESTATE MENTIONED. 

On the petition of Katherine Wendell, praying that she 
may be permitted to continue on the estate formerly belong- 
ing to William Brattle, liJsq; at Cambridge : 

Resolved, That the prayer of the petition be granted ; 
and that she be, and hereby is permitted to continue on 
said estate, till the further order of the General Court. 

June 22, 1782. 

Chapter 63. 

Chap. 63 RESOLVE ON THE PETITION OF JACOB DAVIS. 

On the petition of Jacob Davis : 

Resolved, That the prayer of his petition be granted ; 
and that Richard Devens, Esq ; Commissary-General, be, 
and hereby is directed, to receive of Jacob Davis, one 
hundred and forty four p)Ounds m certificates, in discharge 
of the debt mentioned ; he the said Richard to be account- 
able for the same. June 24, 1782. 



1782. — May Session. 219 

Chapter 64. 

RESOLVE ON THE PETITION OF THE ASSESSORS OF THE TOWN ChaiJ 64 
OF DIG ETON. ^ ' 

On the petition of the assessors of the town of Digliton, 
j)raying that the Treasurer's executions against said town, 
for the monies it is charged ivith, by reason of its neglect- 
ing seasonably to jjrocwe and deliver tioo Continental 
soldiers to the snjjerintendent for the county q/" Bristol, may 
be stayed; and said toicn discharged of the same for rea- 
sons mentioned in said petition. And tchereas it appears 
to this Court that said soldiers were enlisted and mustered 
before the 20th day of December last, but through the 
inattention of said assessors, icere not timely delivered to 
said sup)erintendent and properly receipted for : 

Resolved, That the executions of the Treasurer of this 
Commonwealth aforesaid, for said monies, be stayed ; and 
said town of Dighton be discharged thereof, paying such 
charges and costs as have arisen thereon. And the Treas- 
urer of this Commonwealth, and the Sherift' of said county 
of Bristol, are hereby directed to receipt said town accord- 
ingly. June 24, 1782. 

Chapter 65. 

RESOLVE ON THE PETITION OF TIMOTHY LYMAN, GRANTING nhrjl) 65 
HIM SIX POUXDS NINE SHILLINGS. KyllU^. \JO 

On the petition of Timothy Lyman, setting forth. That 
he was employed by Elisha Porter, TJsq; sheriff of the 
county of Hampshire, to bring certain letters from the said 
sheriff and Brigadier General Parks, to his Excellency 
the Governor, and praying alloivance for his time and 
expences : 

Resolted, That there be allowed and paid out of the 
public treasury, to the aforesaid Timothy Lyman, the 
sum of six pounds nine shillings, in full for his time and 
expences in performing the business, as set forth in said 
petition. June 24, 1782. 

Chapter 66. 

RESOLVE EMPOWERING GIDEON BURT, OF SPRINGFIELD, TO (JJiay) gg 
MAKE SALE OF THE ESTATE MENTIONED IN HIS PETITION. ^ * 

On the petition of Gideon Burt, of Springfield, in the 
county of Hampshire, guardian to Electa Allis, a 7ninory 



220 . 1782. — May Session. 

praying for liherty to sell a lot of common and undivided 
land, lying in West Springlield, in the county of Hamp- 
shire, /or reasons in his petition mentioned: 

liesolved, That the prayer of the petition be granted, 
and that the petitioner, Gideon Burt, be, and he is hereby 
empowered, to make sale of the estate mentioned in 
his petition, and to make and execute good and sufficient 
deed or deeds to the [)urchaser or purchasers, he first giv- 
ing bonds to the Judge of Probate for the county of 
Hampshire, that the proceeds of said sale shall be paid to the 
said Electa, when she comes to the age of twenty-one years, 
in case she arrives to that age, otherwise that the same 
shall be paid to the heirs at law of the said Electa, in the 
same proportion as the said estate Avould have descended 
if no sale thereof had been made. June 24, 1782. 

Chapter 67. 

Chan 67 resolve on the petition of bethvel baker, in behalf 

"* OF HIMSELF AND OTHERS, BELONGING TO THE CLASS IN THE 

TOWN OF LANESBOROUGH. 

On the petition of Bethuel Baker, in behalf of himself 
and others, belonging to the class in the town of Lanes- 
borough, setting forth that said class, agreeable to the 
resolve of the Gener'al Court, of T)ecemheY 2,nS0,pro- 
cured a man during the war for the Continental army, 
which man is noiv in actual service; notioithstanding said 
class is fined for a deficiency of a man: 

Resolved, That Bethuel Baker, and others, belonging 
to said class, be, and hereby are released and acquitted 
from said tine ; and the execution issued against the 
assessors of the town of Lanesborough, for the deficiency 
of a man in said Baker's class, be discharged and con- 
sidered as fully satisfied, the petitioners paying the cost 
that hath arisen thereon, for reasons set forth in said 
petition. June 24,1782. 

Chapter 68. 

Chan 68 i^^solve on the petition of Joseph trumbull, of worces- 
-^ ter, empowering the committee for the sale of 

confiscated estates in said county, to sell and con- 
vey the moiety of the shop mentioned. 

On the petition of Joseph TrumljuU, of Worcester, 
praying that the committee for the sale of confiscated estates 



1782. — May Session. . 221 

in the county of "Worcester, may he emjyowered to sell and 
convey to Mm, one moiety of a shoj), situated in Worces- 
ter, in said county, mentioned in said petition : 

Resolved, That the prayer of said i)etition be granted, 
and that JoJin Fessenden, Caleb Ammidoivn, and Jona- 
than Warner, Esq'rs. the committee aforesaid, be empow- 
ered and directed to sell and convey, for a reasonable 
price, the moiet}' of said shop, formerly the property of 
Dr. William, Paine, to said Joseph, and a good and suffi- 
cient deed thereof, in fee, to make and execute to him, 
and the monies from thence arising to account for, as for 
other monies arising from the sale of confiscated estates ; 
in said county. June 24, 1782. 

Chapter 69. 

RESOLVE ON THE PETITION OF RICHARD DEVENS, ESQ. ChciTf. 69 

On the petition of Richard Devens, Esq. 

Resolved, That the Committee appointed for the sale 
of the estates of conspirators and absentees, within the 
county of Suffolk, be, and they hereby are directed to 
cause the estate in the town of Boston, late the property 
of ^Margaret Draper, an absentee, now in the occupation 
of the said Richard Devens, Esq ; by special order of 
government, to be appraised by three disinterested, judi- 
cious freeholders, under oath ; and that they give a good 
and sufficient deed of the premises, in fee, to the said 
Devens, at the appraised value, upon his paying to the 
said committee a sum in specie adequate to the payment 
of such debts as shall be certified to them, by the Judge 
of Probate for the county aforesaid, to l)e due from the 
said estate ; and in case the appraised value thereof shall 
exceed t^ie said debts, the balance in such government 
securities as were given to him for monies, loaned by him 
for the use of government. June 24, 1782. 

Chapter 70. 

RESOLVE EMPOW^ERIXG PiJrZ)£.VC£ GILBERT, OF BROOKFIELD, (JJi^p^ 70 
TO MAKE SALE OF THE LAND MENTIONED. ■^' 

On the petition of Prudence Gilbert of Brookfield, in 
the county of Worcester, prayiny for liberty to make sale 
of a small tract of land lying in Brookfield aforesaid, for 
reasonx set fort Ji in her petition: 



222 1782. — May Session. 

Resolved, That the prayer of the petition be granted ; 
and that the said Prudence Gilbert, in her said capacity 
of guardian, is hereby fully authorised and empowered to 
make sale of the lands in her petition mentioned, for the 
most the same will fetch ; and to make and execute a good 
and sufficient deed or deeds of the same to the purchaser 
or purchasers ; she observing the rules and directions of 
law for the sale of real estates by executors or administra- 
tors, and giving bonds to the Judge of Probate for the 
county of Worcester, that the proceeds of said sales shall 
be laid out in purchasing real estate, which, when pur- 
chased, shall be for the use and benefit of the widow and 
heirs at law of Jedediah Gilbert, jun. late of Brookfield, 
deceased, in the same manner and proportion that they 
would have enjoyed the above mentioned real estate, if it 
had not been sold. June 24, 1782. 

Chapter 71. 

Chap. 71 RESOLVE DIRECTING THE SECRETARY TO TRANSMIT A COPY OF 
A LETTER, DIRECTED TO THE DELEGATES OF THIS COMMON- 
WEALTH IN CONGRESS, RELATING TO THE JOURNALS OF CON- 
GRESS. 

Ordered, That the Secretary be, and hereby is directed, 
to transmit an authentic copy of the following letter, to 
the Delegates of this Commonwealth in Congress. 
Gentlemen, 

Great inconveniences have arisen to this Commomoealthy 
by reason that the General Court has not been renularly 
supplied xvith the journals of Congress: You are therefore 
hereby directed, to forward three compleat setts thereof, 
directing them to the Secretary , for the use of the General 
Court, and to continue to send them as they shall in future 
be printed. 

To the Honorable J. Lowell and 8. Osgood, Esq'rs. 

June 24, 1782. 

Chapter 73. 

ChaV' 72 RESOLVE on the PETITION OF NATHANIEL PHILLIPS, OF MA RSH- 

-^' FIELD, LIBERATING HIM FROM CERTAIN RESTRICTIONS, HE 

TAKING AN OATH OF ALLEGIANCE TO THIS COMMONWEALTH. 

On the petition of Nathaniel Phillips of Marshfield, 
praying that he may be liberated from certain resirictionSy 
laid on him by the General Court, in the year 1775 : 



1782. — May Session. 223 

Resolved, That the prayer of the petition be granted, 
and that the said J^athaniel PhiJhps he set at liberty, and 
enjoy the privileges of other citizens of this Common- 
wealth, any resolve to the contrary notwithstanding, pro- 
vided said Phillips take the oath of allegiance to this 
government. June 24, 1782. 

^ Chapter 73. 

RESOLVE ON THE PETITION OF JOW.V STONE AND fVILLIAM Qfiaj). 73 
GROW, OF YORK, IN THE COUNTY OF YORK, GRANTING EIGHT "^ ' 

POUNDS SEVENTEEN SHILLINGS AND FOUR PENCE, TO JOHN 
HOPKINS, ESQ; DEPUTY COMMISSARY GENERAL OF PRISON- 
ERS. 

On the petition of John Stone and William Grow, of 
York, in the county of Yoxls., praying to he paid for sun- 
dry necessaries delivered a cartel going from Boston to 
Penobscot : 

Resolved, That there be paid out of the treasury of this 
Commonwealth to John Hopkins, Esq ; Deputy Commis- 
sary General, for the use of the said John Stone and 
William Groiv, the sum of eight pounds seventeen shillings 
and four pence, for sundry necessaries delivered a cartel 
bound from Boston to Penobscot as aforesaid, the said 
Hopkins to be accountable for the same. 

June 24, 1782. 



Chapter 74. 



DECLARING VALID THE DOINGS OF ANY TWO OF (Jhai). 74 
I OF THE COMMITTEES APPOINTED IN THE SEVERAL ^ ' 



RESOLVE 
EITHER 

COUNTIES OF THIS COMMONWEALTH FOR SALE OF CONSPIR- 
ATORS AND ABSENTEES ESTATES. 

Whereas by reason of sickness and other necessary 
impediments, it is frequently impracticable tliat more than 
tivo of the committee appointed in the counties of this Com- 
monwealth respectively , for the sale of estates of conspira- 
tors and absentees lying vjithin the same, shoidd be together 
for tJie purpose of transacting the business assigned them: 

Resolved, That any two of either of the said committees 
be a quorum for transacting business, and all deeds and 
releases which may have been already executed by any 
two of either of the said committees, or which may be by 
them executed in other respects conformable to the laws 



224 1782. — May Session. 

and the resolves made and passed for the regulation of the 
said committees, be, and they hereby are considered and 
declared valid to all intents and purposes, as though the 
same had been executed by the whole number appointed 
as a committee in the respective counties as aforesaid. 

June 24:, 1782. 



Chapter 75. 

Chap. 75 RESOLVE on the petition of juniper barthiaume, recol- 
lect, MISSIONARY TO THE PENOBSCOT TRIBE OF INDIANS. 

On the petition o/" Juniper Barthiaume, Recollect, mis- 
sionary to the Penobscot tribe of Indians. 

Resolved, That his Excellency the Governor, be, and 
he is hereby requested, with the advice of Council, to pro- 
vide for and accomodate the said Juniper, agreeably to 
his petition, in such manner as shall by his Excellency be 
judged most proper. 

And it is further Resolved, That the Governor be empow- 
ered, with the advice of Council, to draw such sum of 
money out of the public treasury as may be necessary for 
the purpose aforesaid, provided the sum thus drawn does 
not amount to more than the value of the wages and rations 
which are already become due to the said Juniper, together 
with the additional sum of thirty shillings, to defray the 
said Juniper's expences during his present stay in the 
Town of Boston. June 26, 1782. 



Chapter 76. 

Char) 76 Resolve on the petition of the selectmen of the towns 

^ * OF CHESTERFIELD AND GOSHEN. 

On the petition of the Selectmen of the towns o/" Chester- 
field and Goshen, jyraying that the one quarter part of the 
sum set to the town of Chesterfield, in the last valuation, 
may be set to the town q/" Goshen. 

Resolved, That the prayer of the petition be granted, 
and that the one quarter part of the sum set to the town 
of Chesterfield, in the last valuation, be taken from said 
town and set to the town of Goshen. 

June 26, 1782. 



1782. — May Session. 225 

Chapter 77. 

RESOLVE DIRECTING THE SHERIFF OF THE COUNTY OF SUFFOLK ChuV 77 
TO DISCHARGE JOHN VINCENT, AN INDIAN, FROM HIS CON- "' 

FINEMENT IN GOAL. 

Whereas it appears to this Court, that John Vincent, an 
Indian, who is not a subject of this Commonivealth, and 
who lately came liither to transact loith the said Common- 
wealth the public affairs of the nation to ivhicJi he belongs, 
is now confined in the goal in Boston at the suit of a j)ri- 
vate person in violation of the laiv oj nations. 

Hesolved, That the Sherifl' of the county of Sufolk be, 
and he hereby is directed and required forthwith to dis- 
charge the said John Vincent from his confinement in the 
said goal. Jtme 26, 1782. 



Chap. 78 



Chapter 78. 

RESOLVE ON THE PETITION OF SAMUEL PARTRIDGE. 

On the petition ff Sanniel Partridge, praying for 
remedy against injury he is liable to sustain in consequence 
of his receiving Governmental Securities to the amount of 
twelve hundred and seventy pounds, bearing date the 24,lh 
day o/" February, 1777, in jjart ^^^y^nent for tivo sJiips 
sold to the board of war for the use of Government ; ivhich 
securities according to the promise of the said board, ought 
to have been dated the ^th day q/ December, 1776. • 

Resolved, That the Treasurer be and he hereby is 
directed to proceed in the same manner in consolidating 
Governmental securities to the amount of twelve hundred 
and seventy pounds bearing date the 24th day of February, 
1777, and given in favour of Samuel Partridge, as if 
said securities had been dated the (3th day December, 1776. 

June 28, 1782. 

Chapter 79. 

RESOLVE FOR EXTENDING THE TERM FOR THE SEVERAL ChaV. 79 
CLASSES IN THIS COMMONWEALTH, BY A RESOLVE OF THE ^ ' 

7th OF MARCH LAST, TO MAKE RETURNS INTO THE SECRE- 
TARY'S OFFICE AND PERMITTING THE DELINQUENT CLASSES 
TO PROCURE MEN FROM OTHER TOWNS AND REQUESTING 
THE GOVERNOR TO APPOINT MILITIA OFFICERS IN ANY 
DEFICIENT REGIMENT AND REPEALING A RESOLVE PASSED 
THE 20th JUNE INSTANT, 

Wliereas by the resolves of the General Court of the 1th 
0/' March and the '2Q>th q/" April last, the several towns and 



226 1782. — May Session. 

plantations ivithin this Commomoealth ivere required and 
directed to raise their several 2)roportions of the number of 
fifteen hundred men to sei've in the Continental army for 
the term of three years, or during the war ; and it apj^^ars 
to this Court from the returns made into the Secretary's 
office, that several classes in many of the towns and planta- 
tions aforesaid, are still deficient. And whereas General 
Washington has earnestly requested this Commonwealth 
immediately to furnish their quota of the army to enable 
him to put a period to the war, and establish their inde- 
pendence. And as these imi^ortant objects cannot be attained 
unless the men are furnished agreeable to the GeneraVs 
request : Therefore , 

Resolved, That the time fixed by the resolves aforesaid 
for the several classes to furnish their men, be, and hereby 
is extended to the fifteenth day of Jidy next, and the time 
for making returns into the Secretary's ofiice to the twen- 
tieth day of the same July, the time for committing the 
assessment upon deficient classes to the Collectors to the 
twenty-fifth day of the same July. And that the time 
for issuing execution against delinquent Collectors be 
extended to the fifth day of August, and no longer ; at 
. which time the Treasurer is hereby directed to issue his 
executions according to the resolves aforesaid. 

And to prevent further delay and to facilitate the 
raising the men according to the aforesaid resolves, It 
is further 

Resolved, That the delinquent classes be, and hereby 
are permitted to procure their men from any town or 
plantation within this Commonwealth, provided the men 
so procured have not been previously engaged to serve 
for some other town or class, 2a\y law or resolve to the 
contrary notwithstanding. And that the militia of this 
Commonwealth may be in the greatest possible readiness 
to co-operate with General Washington and our Allies in 
concluding the present war : 

Resolved, That his Excellency the Governor, be, and 
he hereby is requested to appoint militia ofiicers in any 
deficient regiment or counties, and issue his orders to 
ofiicers commanding Brigades within this Commonwealth, 
that the}^ immediately take order that their several Bri- 
gades be forthwith equipped in all respects according to 
the militia law. And it is further 

Resolved, That the Secretary be, and he liereby is 



1782. — May Session. 227 

directed to publish these resolves in Willis's news paper : 
And it is further resolved, that the resolves of the 20th 
of June instant on this subject, be, and are hereby- 
repealed. June 27, 1782. 



Chapter 80. 

RESOLVE DIRECTING MR. MOSES CHURCH AND MR. THOMAS Chci^l 80 
WILLISTON TO RECEIVE A QUANTITY OF BEEF OF OLIVER ^'"*i^' "'-' 
PHELPSf ESQ; AT SPRINGFIELD, AND WEST-SPRINGFIELD, 
AND TO DISPOSE OF THE SAME FOR THE USE OF THIS COM- 
MONWEALTH. 

Resolved, That Mr. Moses Church and Mr. Thomas 
WiUiston, be, and they hereby are authorized to receive 
the barrel beef belonging to this state in the towns of 
^ Springjield and West Springfield, from Oliver Phelps, 
Esq ; and to dispose of the same in the best manner they 
can, giving preference in the sale to purchasers for the 
use of the Continental army, and to receive therefor any 
securities that will answer as part of the requisition of 
Congress for the present year, or to send the said beef to 
Connecticut or the West Indies, or any other place for 
market at the risque of this state, or otherwise, as shall 
appear to them to be most prudent, and most for the 
benefit of this State : They the said Church and WiUiston 
to pa}" the net proceeds of the sale of said beef to the 
Treasurer of this Commonwealth as soon as may be. 

June 27, 1782. 

Chapter 81. 

RESOLVE ON THE PETITION OF DAVID STROUT, AND OTHER Chan 81 
MATROSSES OF CAPE ELIZABETH AND FALMOUTH. ' ^ ' 

On the j^etif ion of David Strout, and others, matrosses of 
Cape Elizabeth and Falmouth, under the command of 
Brigadier General Wadsworth praying that they may be 
allowed the same wages as ivere allowed to the soldiers 
under his command. 

Resolved, That the prayer of the petitioners be granted, 
and that the Committee on pay rolls, be, and they hereby 
are directed to make addition to the pay" rolls already 
made out by said petitioners, so as to make the same 
equal to the Continental establishment for men that did 
duty in the eastern parts of this Commonwealth under 



228 1782. — May Sessiox. 

the command of said General ; agreeable to a resolve of 
the General Court of June 20th 17«0, the same to be 
charged to the account of the United States. 

June 27, 1782. 



Chapter 83. 

ChaV' 82 RESOLVE ON THE PETITION OF SIMON FRYE, IN BEHALF OF 
^' THE TOWN OF FRYBOUGH, DIRECTING THE TREASURER TO 

CAUSE A RETURN OF THE EXECUTION AGAINST 'SAID TOWN 
FOR DELINQUENCY OF MEN. 

On the petition and memorial of Simon Frye in behalf 
of the town of Fryburgh praying for relief an execution 
being sent against the town of Fryburgh for the hard 
money tax so called, and also for the fines of two delin- 
quent men both of which executions appear to be double 
what they ought to have been : Therefore 

Resolved, That the Treasurer of this Commonwealth, 
be, and he hereby is directed to cause the execution 
against the town of Fryburgh for the hard money tax 
so called to be returned satisfied, they paying one half 
the sum set against said town and the cost of execution ; 
and the Treasurer is also directed to recall the executions 
against said town for the tines of two delinquent men, 
said town of Fryburgh procuring and delivering to the 
Continental officer one good effective man within forty 
days, any resolve to the contrary notwithstanding. 

June 28^,1782. 

Chapter 83. 

ChaV 83 RESOLVE appointing THOMAS CRAFTS, ESQ; MESSRS. JOHN 
^ ' SIMPKIXS, SAMUEL RUGGLES AND JOHN LOWELL MAN- 

AGERS OF BOSTON LONG WHARF LOTTERY, IN THE ROOM OF 
JOSEPH JACKSON, ESQ; AND OTHERS, WHO HAVE DECLINED. 

On the petition of Giles Alexander, Clerk and agent to 
the proprietors of long ivharf in Boston, setting forth , that, 
Joseph Jackson Esq ; Oliver Wendell Esq ; Samuel Aus- 
tin Esq; and Mr. Henry Hill, icho loere appointed some 
of the managers of the Lottery granted in the year 1779, 
for the repair of said wharf, do not incline to continue any 
longer in that trust, and j^f^ciying that four others may be 
appointed in their room, in order that the business of said 
Lottery may not be retarded: 



1782. — May Session. 229 

Resolved, That Joseph Jackson, Oliver Wendell, Samuel 
Austin Esquires, and Mr. Henry Hill, be, and are hereby 
excused from the further management thereof : and that 
Thomas Crafts, Esq ; Messieurs JoJin jSimphins, Samuel 
Ruggles and John Lowell, be, and are hereby appointed 
to that trust in their room, and invested with all the 
powers, and subjected to the same restrictions as the said 
managers heretofore were ; any law or resolve to the 
contrary notwithstanding. June 29, 1782. 

Chapter 84. 

RESOLVE DIRECTING THE TREASURER TO STAY EXECUTIONS (Jhaj). 84 
AGAINST THE COLLECTORS IN THE COUNTIES OF YORK ^ ' 

CUMBERLAND AND LINCOLN, FOR THE BALLANCE DUE 
UPON THE FIRST MOIETY OF THE TAX OF THREE HUNDRED 
AND THREE THOUSAND POUNDS GRANTED IN OCTOBER 
LAST. 

Whereas it appears to this Court that the Counties of 
York, Cumberland and Lincoln, are greatly embarrassed 
in their Lumber Trade, and have suffered greatly in their 
fishery, in consequence of the enemy's i^etaining possession 
of Penobscot : 

Therefore Resolved, That the Treasurer of this Com- 
monwealth be, and he hereby is directed to stay his 
executions against the Collectors in the aforesaid Counties 
for the ballance that may be due from them upon the first 
moiety of the tax of th^'ee hundred and three thousand 
pounds granted in October last, untill the first day of 
Septemher next, and for the last moiety of the said tax, 
untill the first day of November next. June 29, 1782. 

Chapter So. 

RESOLVE FOR THE SETTLEMENT OF THE ACCOUNTS OF THE (Jhcip. 85 
COMMITTEES FOR THE SALE OF ESTATES OF CONSPIRATORS ■'■ ' 

AND ABSENTEES APPOINTING THE COMMITTEE FOR METH- 
ODIZING PUBLIC ACCOUNTS COMMISSIONERS FOR THIS PUR- 
POSE THEN VESTING THEM WITH CERTAIN POWERS. 

Whej^eas if is necessary that there shoidd be a settlement 
as early as possible with th'e several committees appointed 
to make sale of the estates of conspirators and absentees. 

Resolved, That John Deming, Peter Boyer, and Stephen 
Gorham Esquires, the committee for stating and meth- 
odizing the public accounts, be and hereby are appointed 



230 1782. — May Session. 

commissioners for the purpose aforesaid, any two of them 
to be a quorum, to do, execute, perform and exercise the 
several powers, trusts, and businesses hereafter particu- 
larly mentioned, expressed, set forth and committed to 
the said commissioners, which commissioners shall . as 
early as possible bring forward an adjustment and final 
settlement with the several and respective committees 
aforesaid, respecting the negotiation and sale of the said 
estates of conspirators and al)sentees, and the payment 
disposition and disbursement of the money arising from 
the sales of the said estates by them severally made. 
And the said commissioners shall be, and hereby are 
impowered and authorized to call before them the said 
committees, and any person or persons belonging to the 
said committees or either of them from time to time, as 
the said commissioners shall esteem necessary to know, 
investigate and discover any matter by the said commit- 
tees, or person or persons members of said committees 
done and performed in the execution of the duties assigned 
them, and all their conduct and management in conse- 
quence of being appointed of the committees aforesaid. 
And that they call and bring before them any member or 
members of the said committees, and that they examine 
the person or persons so to be brought before them, 
respecting their conduct, management and performance 
of the duties which have been devolved on them in the 
premises ; and shall examine such person or persons by 
interrogatories on oath, which oath the said commissioners 
are hereb^'^ authorized and impowered to administer or 
otherwise as they may think will tend most effectually to 
discover and know the truth. 

And be it further Resolved, That all or any of said 
committees shall when required by said commissioners, 
render an account under oath of all their doings in the 
execution of their trust as aforesaid. 

And if any one or more of said committees shall refuse 
upon the requisition of said commissioners to render an 
account under oath as aforesaid, and be thereof convict 
before the supreme judicial Court he shall be rendered 
incapable of holding an_y office either civil or military 
within this Commonwealth for a space not exceeding 
seven years. And it shall be the duty of the Attorney 
General by information to lay before the justices of the 
supreme judicial Court to be holden within the county 



1782. — May Session. 231 

where such delhiquent person or persons dwell, such fact 
or facts as may be transmitted to him by the said com- 
missioners and the said justices thereupon shall proceed 
to the trial thereof as in other cases is provided by the 
Laws. 

And the said commissioners are hereby authorized and 
impowered in their names to commence and prosecute to 
final judgment and execution, any suit or action at law 
against any person or persons, committee or committees, 
whom they shall think to be delinquent in the premises, 
and the Attorney General is hereby directed to commence 
or cause to be commenced such action or actions as may 
be necessary for the purpose of bringing to justice any 
such delin(|uent person or persons committee or committees 
as he shall be requested by the said commissioners. 

And it is hereby further Resolved, That the said com- 
missioners shall be and here])y are impowered to call and 
bring before them any person or persons to give evidence 
in the premises. 

And to enable the said commissioners fully to execute 
and perform the trust hereby committed to them : 

It is further Resolved, That they be, and hereby are 
impowered and authorized to issue their precepts, that is 
to say summons in the first instance, and if the same shall 
be ineftectual a capias or attachment (the said precepts 
being under their hands and seals) to summon and cause 
to come before them any person or persons within this 
Commonwealth, and the command or commands contained 
and expressed in such precepts shall l)e observed, obeyed 
and executed by the several sheriffs, their deputies and 
constal)les within the said Commonwealth 

And it is further Resolved, That the said commissioners 
shall from time to time receive any balances which may 
be found in the hands of any committee or committees, 
or any person or persons belonging to said committee 
or committees, and shall give receipts therefor, which 
shall be good vouchers for the sum or sums expressed 
in such receipts to the person or persons, committee or 
committees of whom received, and the money so received, 
together with all monies to be received by the said com- 
missioners, shall be by them forthwith paid into the 
treasury of this Commonwealth, taking proper receipts 
therefor ; and the said commissioners shall whenever 
thereto directed, make a true and just report to .the Gen- 



232 1782. — May Session. 

eral Court of their proceedings in consequence and by 
virtue of this appointment, and shall be accountable to 
such agent or agents, commissioner or commissioners, 
auditor or auditors, as the General Court shall appoint. 

July 1, 1782. 



Chap. 86 



Chap. 87 



Chap. 88 



Chapter 86. 

RESOLVE DIRECTING THE COMMITTEE FOR METHODIZING AND 
SETTLING PUBLIC ACCOUNTS TO SETTLE THE ACCOUNTS OF 
MESSIEURS WALES AND DAVIS, A COMMITTEE OF SUPPLIES 
FOR THE ARMY. 

Resolved, That the committee for methodizing and set- 
tling public accounts, be directed to receive, examine and 
settle the accounts of Messieurs Wales and Davis, com- 
mittee of supplies for the army, as soon as may be, and 
on compleating such settlements to report the same to the 
General Court. And the aforesaid committee of supplies 
are also directed to attend tlie committee for methodizing 
and settling public accounts, with all vouchers and papers 
necessary for the purposes aforesaid. June 29, 1782. 

Chapter 87. 

RESOLVE GRANTING TWO HUNDRED THOUSAND POUNDS TO 
HONORABLE JAMES LOVELL, ESQ; RECEIVER OF THE 
CONTINENTAL TAXES LEVIED AND RAISED WITHIN THIS 
COMMONWEALTH. 

Resolved, That there be granted and paid out of the 
public treasury unto the Honorable James Lovell, Esq ; 
receiver of the continental taxes levied and raised Avithiu 
this Commonwealth, the sum of Two hundred thousand 
pounds, specie, being the sum granted by the General 
Court to and for the use of the United States, in, and by 
an act made and passed at their session in February last, 
entitled " An act for apportioning and assessing a tax of 
Two hundred thousand pounds. June 29, 1782. 

Chapter 88. 

RESOLVE DIRECTING THE COMMITTEE APPOINTED TO SETTLE 
WITH THE COMMITTEE OF SEQUESTRATION, TO PROCEED 
TO A FINAL SETTLEMENT OF THE BUSINESS. 

Resolved, That Increase Sumner, Lemuel Kollock, and 
Samuel Henshaw, Esq'rs, the committee appointed by 
this Court to settle with the committee of sequestration, 



1782. — May Session. 233 

be, and they are hereby directed, in the most speedy 
manner, to proceed to a final settlement of the business 
of their commission, and that they make report of their 
doings to this Court, on the second Tuesday of the next 
session. June 29, 1782. 

Chapter 89. 

RESOLVE REQUESTING HIS EXCELLENCY THE GOVERNOR QhaV. 89 
TO TAKE SUITABLE MEASURES TO PROCURE, ONCE IN ^ * 

EVERY SIX MONTHS, A REGULAR RETURN OF THE MAS&A- 
CHUSETTS LINE OF THE ARMY. 

Whereas many inconveniencies and disadvantages have 
happened to this Commomvealth, fo7' the ivant of a regular 
return of the Massachusetts line of the army : 

Therefore Resolved, That his Excellency the Governor 
be, and he is hereby requested, to take proper measures 
to procure, once in every six months, a return of the 
Massachusetts line of the army, specifying the names of 
the men, the towns and counties for which they are in 
service, the date of their inlistment, and the time for 
which they are severally inlisted, and the regiment and 
company to which they l)elong, and the same to be from 
time to time laid before the General Assembly for their 
inspection. June 29, 1782. 

Chapter 90. 

RESOLVE FOR CONTINUING AN ACTION COMMENCED BY^V^r/LiV QhaV 90 
MITCHELL, AGAINST BRIGGS THOMAS. ^ ' 

Whereas the demand on lohich an action was brought 
by Nathan Mitchell, against Briggs Thomas, is j^i'^lic 
jyroperty, and attended with some peculiar circumstances: 

Resolved, That the action commenced by the said 
JSfathan Mitchell against the said Briggs Thomas, at the 
Inferior Court of Common Pleas held at Plymouth, within 
and for the county of Plymouth, on the second Tuesday 
of April last, be continued to the second Tuesday of 
October next ensuing ; and the Justices of said Court are 
hereby directed to continue the same cause accordingly. 

And it is further Resolved, That the petitioner notify 
the said JVatJian Mi'chell to a|)pear at this Court, on the 
second AVednesday of the next sessions, and shew cause, 
if any he have, why the prayer of said petition should 
not be granted. Jidy 1, 1782. 



234: 1782. — May Session. 

Chapter 91. 

Chart- 91 RESOLVE relative to pensioners. 

Whereas many jpersons^ by reason of their having mf-t 
with misfortunes loJiile engaged in public service, have 
become pensioners ; and ivhertas the reason on which su.cJi 
pensio7iS were granted, in some instances have ceased: 

Resolved, That if any freeholder within this Common- 
wealth, an inhabitant of the town where any such pen- 
sioner usually dwells, shall b}^ writing under his hand 
give information to the Justices of the Court of General 
Sessions of the Peace, that in his opinion there is no 
reason why such pension should be longer continued, in 
every such case the said Justices shall issue a notification 
to such pensioner, of such allegation, and notify his 
attendance before them, and the said Justices shall there- 
upon proceed to an examination thereof, and if in their 
opinion there is no reason why such pension should be 
continued, the said Justices shall cause their clerk to 
certify the same into the Secretary's office, who is hereby 
directed to lay such certificate before the General Court, 
as soon as may be after receiving the same. 

July 1,1782. 

Chapter 92. 

ChaV 92 I^ESOLVE admitting SILAS NEWCOMB, a prisoner in J50S- 
•^ * TON GOAL, TO BAIL. 

On the petition q/" Silas Newcomb, now a prisoner in the 
common goal in Boston, in the county of Suffolk, jiraying 
that he may be discharged or admitted to bail : 

Resolved, That the prayer of the petition l)e so far 
granted, that the said 8ilas Newcomb be admitted to l)ail ; 
and that Joseph Gardner, Esq ; one of the Justices of the 
Peace for the said county, be, and he is hereby empow- 
ered and directed, to admit said Silas Newcomb to bail 
accordingly, he the said Silas entering into recognizance 
to this Commonwealth, in the sum of one thousand pounds , 
lawful money, with two sufficient sureties, in the sum of 
five hundred pounds each, for his personal appearance 
before the Justices of the Supreme Judicial Court, to l)e 
holden at Boston, in said county, on the fourth Tuesday 
of August next, and to answer to such matters as shall be 
charged against him, and abide the judgment thereof. 

July 1,1782. 



1782. — Mat Session. 235 

Chapter 93. 

RESOLVE ESTABLISHING THE PAY OF THE HONORABLE COUN- CllCll) 03 
GIL, SENATE AND HOUSE OF REPRESENTATIVES. ' ' ' 

Resolved, That there be allowed and paid out of the 
public treasury ()f this Commonwealth, to each member of 
the honorable Council, the sum of seven sJillUngs and six 
pence for each day that they may respectively attend in 
Council ; and to each member of the honorable Senate, the 
sum of seven shillings per day that they respectively attend 
in Senate the present sessions ; and to each member of 
the House of Representatives, the sum of six shillings 
and six pence for each day that they have Respectively 
attended in the House of Representatives the present 
session : and that their travel be paid in proportion, 
according- to former custom, and but one travel be allowed 
to each session of the General Court. July 5, 1782. 

Chapter 94. 

RESOLVE INTITLING GEORGE BACON, TO ONE-THIRD PAY (Jhan 94 
AS A SEAMAN. ^ ' 

Upon the representation of John Lucas, Commissary of 
])ensions, in behalf of George Bacon, on hoard the Con- 
tinental ship Warren, Dudley Saltonstall Commander, who 
was ivounded in his rigid arm, July, 1779. 

Resolved, That the said George Bacon be intitled to 
one third part of pay, from the time his pay ceased till 
the further order of this Court, or Congress. 

July 3, 1782. 

Chapter 95. 

RESOLVE OIRECTING THE AGENT FOR THIS COMMONWEALTH QJinjy 95 
TO SUPPLY LIEUTENANT COLONEL JOHN POPKIN, WITH ^ * 

CERTAIN ARTICLES OF CLOATHING. 

On the representation of Lieutenant Colonel John Pop- 
kin, tJiat the rejected recruits have been re-mustered, and 
nine have been accepted, as fit for the Continental army; 
and are detained for the want of cloathing ; and requesting 
they may he supplied: 

Resolved, That Caleb Davis, Esq ; Agent for this Com- 
monwealth, be, and he hereby is directed, to supply 
Lieutenant Colonel John Popkin with nine hats, nine 



236 1782. — May Session. 

shirts, nine frocks, nine pair over-alls, nine pair shoes, 
and nine pair stockings, for the use of the aforesaid men ; 
and that the same be charged to the United States. 

July 2, 1782. 

Chapter 96. 

Chap. 96 RESOLVE authorizing the committee for settling with 

THE ARMY, TO SETTLE THE ACCOUNTS OF JONATHAN 
WARNER AND JOHN ASHLEY, ESQ'S. 

• Resolved, That Samuel Austin, Thomas WaJley and 
Loammi Baldwin, Esq's, the committee for settling with 
the army, be, and hereby are authorized and appointed, 
to settle the accounts of Jonathan Warner and Joh7i 
AsJiley, Esq's relative to the monies by them carried for- 
ward to the army. July 2, 1782. 

Chapter 97. 

Chan 97 i^esolve on the petition of edward and hepzibah 

^ ' RAYMOND. 

On the petition of Edward and Hepzibah Raymond, 
relative to a judgment of Court they obtained against Seth 
Hey wood, in the capacity as administrators on the estate 
o/ Jotham Bush : 

Resolved, That the petitioners be directed to serve the 
said Setli Heywood with an attested copy of their said 
petition ; and notify him to appear at this Court, on the 
third Wednesday of its next sessions, to shew cause, if 
any they have, why the prayer of said petition should not 
be granted : And that all proceedings upon the action and 
judgment, in the said petition mentioned, l)e stayed in the 
meantime. July 2, 1782. 

Chapter 98. 

Chav 98 resolve for adjourning the court of general ses- 
^ ' signs of the peace, and inferior court of common 

PLEAS, to be HOLDEN AT GREAT-BARRINGTON, IN THE 
COUNTY OF BERKSHIRE, TO THE SECOND TUESDAY OF 
SEPTEMBER NEXT. 

WJiereas the Court of General Sessions of the Peace, 
and Inferior Court of Common Pleas, hy law appointed 



1782. — May Session. 237 

to be holden at Great Barrington, within and for the 
county of Berkshire, on the third Tuesday q/" August next, 
ivill be in a very busy season of the year, and thereby 
render it pecidiarly inconvenient for persons having busi- 
ness at said Courts to attend the same at that time: 

Therefore Resolved, That the Court of General Sessions 
of the Peace, and Inferior Court of Common Pleas, which 
by law is to be holden at Great Barrington, within and 
for the county of Berkshire, on the third Tuesday of 
August next, be, and hereby is adjourned to the second 
Tuesday of September next, then to be holden at Great 
Barrington, within and for the county aforesaid : And 
that all appeals, writs, recognizances, warrants, and other 
processes already issued, taken and depending in the said 
Courts, or either of them, or that may hereafter be duly 
issued, taken and depending in said Courts, or either of 
them, which should have been returned or proceeded 
upon ; and all matters and things which might be heard 
and determined by the said Courts at Great Barrington 
as aforesaid, be valid, and stand good, to all intents and 
purposes, in law ; and shall be returned and proceeded 
upon, heard and determined by the said Courts, at the 
time appointed by this resolution for the holding of said 
Courts, any law to the contrary notwithstanding. 

July 2, 1782. 



Chapter 99. 

RESOLVE ON THE PETITION OF JAMES AVERY. Chap. 99 

On the petition of James Avery, praying that the com 
mittee for settling ivith the army be directed to settle with 
him as an officer in Col. Allan's co7ps in the eastern 
dejKirtmeni, in the same manner as officers of his rank in 
the Continental army are settled loith: 

Resolved, That the committee for settling with the army 
l)e, and they are hereby directed, to settle with the officers 
of Col. John Allan's corps in the same manner as officers 
in the Continental army are settled with. 

Provided nevertheless. That the said officers shall 
receive Treasurer's notes for the whole amount of the 
balance that should be found due to them. 

July 2, 1782. 



238 1782. — :Mat Session. 

Chapter 100. 



ChapAOO RESOLVE authorizing a 

■' ' COUXIT OF HAMPSHIRE: 



COMMITTEE TO REPAIR TO THE 
AND TO TAKE MEASURES THAT 
SHALL APPEAR ELIGIBLE TO ENQUIRE INT3 THE GROUNDS 
OF DISSATISFACTION: AND TO REMOVE GROUNDLESS JEAL- 
OUSIES IN SAID COUNTY: AND REPORT. 

WJtereas it hath been represented to the General Court, 
that an uiieasiness has lately taken place in the nu'nds of 
some of the inhabitants of the county of Hampshire : and 
it is of importance still to preserve the union which has so 
remarkably prevailed : 

Resolved, That a committee be appointed to repair to 
the county of Hampshire, who are hereby authorised and 
directed to take such measures as to them shall appear 
eligible to call before them such persons in the said 
county as they shall think proper, to enquire into the 
grounds of dissatisfaction — to correct misinfonnations — 
to remove groundless jealousies : and to make report to 
the General Assembly (or in case they should not be 
sitting, to the Governor and Council) of their doings, and 
what fiirther measures are necessary to be taken in the 
premises. July 2, 1782. 

Chapter 101. 



Chap.lOl 



RESOLVE DIRECTEN'G THE COMMITTEE ON ACCOUNTS TO ALLOW 
THE ACCOUNTS OF THE SEVERAL TOWNS IN THIS COMMON- 
WEALTH, FOR THE SUPPLY OF SOLDIER'S FAMILIES, AGREE- 
ABLE TO A RESOLVE OF XOVEMBER 13, 17S0. 

Whereas by a resolve of the General Court, of Novem- 
ber 13. 1780, the several toicns in this Commonwealth 
were directed to suppAy the soldiers' families, agreeable to 
a former resolve, wherein it was provided that said families 
should be supplied to the amount of one half their wages, at 
the stipulated price of the articles supplied, they lodging 
said half of their wages in the hands of the committee 
appointed for that purpose: And as it is apprehended 
that many towns have supplied said, soldiers'' familie-^ to a 
much larger amount than they were limiled to by said 
resolve, without receiving any part of the wages of said 
soldiers, and have neglected to exhibit their acr:ounls by 
the time directed in said resolve of ISth Xovember, 1780; 
and as said soldiers are nearly all now settled icith, and 



1782. — May Session. 



239 



the aUoicing said accounts p:iU he wholly/ lost hy the Com- 
momrealth : Therefore, 

Resolved, That the committee on accounts be, and they 
hereby are directed, to allow such accounts as were exhib- 
ited agreeable to the resolves aforesaid, and no other, any 
law or resolve to the contrarv notwithstandinor. 

Jubj 2, 1762. 



Chapter 102. 

RESOLVE ABATING FOUR SHILLIXGS IN* THE THOUSAXD TO QJiaD lO'^ 
THE TOWX OF WARD, IX ALL FUTUKE TAXES DUEIXG THE ^ * " 

PRESENT VALUATION. AND APPORTIONING THE FOUR SHIL- 
LIXGS ON OTHER TOWNS MENTIONED. 

TThereas it appeal's, that hy a clerical mistaJce the toicn 
q/^AVard is assessed thirty-six shillings on the thousand hy 
the last valuation, when the proportion on said town should 
have been hut thirty-one shillings and eleven pence : 

Therefore Resolved, That four shillings on the thousand * 

be abated said town of Ward, in all future taxes during 
the present valuation; and said four shillings be appor- 
tioned in manner following, on the towns in the county 
of Worcester, hereafter named, viz. 

On the town of Worcester, one shilling, 

Spencer, one shilling, . 

J^eic Braintree, six pence, 

Royalston , six pence, 

Oakham, six pence ^ 

Oxford, six pence. 





s. 
1 


d. 





1 


r» 


; 






6 
i3 







6 







6 




4 





Tid^; 


2,17 


vO 



Chapter 103. 

RESOLVE GRANTING FORTY POUXDS TO AXDRETT HEXSHAIT, QJ,(jjj IQQ 
ESQ: CLERK OF THE SUPREME JUDICIAL COURT, FOR PAST -^* 

SERVICES. 

On the petition of Andrew Henshaw, I^sq: clerk of the 
Supreme Judicial Court, setting forth, that in performing 
the duties of his office for the year 1781, as far as the 
month of May in that year, and afterwards untill the hill'^ 
of the new ernission ceased to circulate, he received the fees 
of his office either in bills of the old emission, or iii bills 



2i0 1782. — May Session. 

of the different States, in the nev: emission, to his great 
loss and disajjj^ointment ; and prays for relief from this 
Court for his past services and losses: 

Therefore liesolved, That there be allowed and paid 
out of the pul)lic treasury of this Commonwealth, to 
Andreiv Henshaiv, Esq ; the sum oi forty pounds, in full 
compensation for his past services to this day, and the 
losses mentioned in his petition. 

And it is further Resolved, That this, and all former 
grants made to either of the clerks of the Supreme 
Judicial Court, are hereby declared to be made from the 
necessit}^ of the present times ; and ought never hereafter 
to be drawn into precedent ; but the fees of that office 
are to be considered as the only emolument annexed 
thereto. July 4, 1782. 



Chapter 104. 

Chap.lOi RESOLVE ON THE PETITION OF WILLIAM GRAY, DIRECTING 
THE LIBERATION OF WILLIAM ARNOLD. 

On the petition of William Gray, of Salem, in behalf 
of William Arnold, a native q/' Providence, in the State of 
Rhode Island : 

Resolved, That the prayer of the said petition be 
granted, «and that the Commissary of Prisoners be, and 
he is hereby impowered and directed to set the said 
William Arnold at liberty accordingly. 

July 3, 1782. 



Chapter 105. 

Chap.105 RESOLVE DIRECTING THE COMMITTEE FOR METHODIZING AC- 

' COUNTS, TO EXAMINE THE TAX ACT, PASSED SINCE THE 

' 1st JANUARr, 1780, AND TO REPORT A GENERAL ACCOUNT 

TO THE COMMITTEE APPOINTED TO GO INTO THE WESTERN 

COUNTIES. 

Resolved, That the committee for methodizing the 
public accounts, be, and hereby are directed, to examine 
into the number and amount of the several tax acts that 
have l)een passed by the General Court since the first 
day of January, 1780, for what purposes those taxes 
were raised, how the money has been applied, and for 
what particular services, grants or debts payment has 



1782. — May Session. 241 

been made, and to what amount, and report a general 
account of the same to the committee appointed to go 
into the western counties of this Commonwealth. 

July 3, 1782. 

Chapter 106. 

RESOLVE ALLOWING EXTRA PAY TO THE HON. PRESIDENT OF (JJiaT) 106 
THE SENATE, AND SPEAKER OF THE HOUSE OF REPRESENT- ^ ' 

ATIVES, AND GRANTING THIRTY POUNDS TO EACH OF THE 
CLERKS OF THE GENERAL COURT. 

Hesohed, That there be paid out of the treasury of this 
Commonwealth, to the Hon. Samuel Adams, Esq ; Presi- 
dent of the Hon. Senate, the sum of Jive shillings and 
eiglif pence, per day, over and above the pay of the 
members, and to the Hon. JS'athaniel Gorham, Esq; 
Jive shillings and eight j)ence per day, over and above 
the pay of the members of the House of Representatives. 

And it is further Resolved, that the sum of thirtij 
pounds be paid to Mr. William Bal:er, jun. clerk of 
the honorable Senate; and thirty pounds to ^Nlr. George 
Ricliards Minot, clerk of the House of Representatives, 
they to l)e accountal^le. July 3, 1782. 

Chapter 106 a.* 

HONORABLE SAMUEL ADAMS, NATHANIEL GORHAM AND ARTI- pr 1 06 A 
MAS WARD, ESQUIRES, APPOINTED A COMMITTEE TO REPAIR ^ 
TO THE COUNTY OF HAMPSHIRE, FOR THE PURPOSES MEN- 
TIONED IN THE RESOLVE PASSED THE 2d INST. 

Ordered, That /Samuel Adams, Nathaniel Gorham and 
Artemas Ward, Esquires, be a committee to repair to the 
county of Hampshire, for the purposes expressed in a 
resolve of the General Court of the 2d instant ; and report, 
as in the said resolve is mentioned. July 5, 1782. 



Chapter 107. 

RESOLVE ON THE PETITION OF THE TOWN OF BEVERLY, 
RESPECTING THEIR VALUATION. 

On the petition of the toivn q/" Beverly, sitting forth that 
said toicn on the last valuation, icas set at £10. 196-. in a 
thousand pound, considerably above its due proportion. 

Resolved, That sixteen shillings and six pence, in a 
thousand pound, be deducted from, and taken off of the 

* Not numbered in Session I'aruphlet. 



ChapAOl 



242 



1782. — May Session. 



town of Beverly, and apportioned upon the other towns 
in the county of Essex, according to the first Schedule 
hereto annexed, agreed on by said county : And that said 
town oi Beverly, instead of £.10. 19s. stand at Ten pounds 
two shillings and six pence, in a thousand pound, on said 
valuation, and that the other towns in said county stand 
charged, and pay in all taxes and assessments, apportioned 
on said valuation, accordinjr to the second Schedule, 
hereto annexed. 



First ScJied 


ule. 






Second Schedule. 




£ ■ 


s. 


d.f. 




£. s. d.f. 


Salem, 


o' 


2 


6 1 


Salem, 


.22 4 6 1 


Danvers, , 








10 f 


Dativers, . 


. 7 6 10 1 


Newbury, . 


u 


1 


3| 


Newbury, . 


.11 2 3 f 


Newburyport, 





1 


6| 


Newburyport, 


. 13 12 6 1 


Ipswich, 





1 


5 f 


Beverly, 


. 10 2 6 


Marbleheacl, 








9| 


Ipswich, 


. 12 ]7 G f 


Gloucester, . 








10 f 


Marblehead, 


. 7 7 9 f 


Lynn, 








8| 


Gloucester, 


. 7 16 2 f 


Andnver, . 





1 


2 f 


Lynn, 


. 6 7 5 f 


Jiowley, 








8 \ 


Andover, 


', 


.10 9 6 f 


Haverhill, . 








9| 


Roivley, 




. 5 19 2 i 


Topsfeld, . 








4 1 


Haverhill, 




. 6 14 9 1 


Salisbury, . 








7 \ 


Topsfield, 




. 3 2 11 1 


Ahnsbury, . 








6 1 


Salisbury, 




.6301 


Boxford, 








6 f 


Almsbury, 




. 4 13 11 1 


Bradford, . 








G 


Boxford, 




. 3 18 8 1 


Methuen, . 








5 i 


Bradford, 




. 4 8 11 


Wenham, . 








2 ^ 


Methuen, 




. 3 15 9 1 


A[anchester, 








2 * 


Wenham, 




. 1 19 2 


Middlcton, . 








3 1 


Manchester, 
Middleton, . 


.13 7 
. 2 12 6 1 




£.0 


16 


6 


4 




£.153 








July 3, 1 782. 



Chapter 108. 

Chan 108 ^^esolve directing the treasurer to issue his warrant 

^ ' TO EBENEZER TURRILL TO COLLECT AND PAY THE SUM OF 

£.128 9 6 being FOR THE DEFICIENCY OF A CLASS IN THE 
TOWN OF LENOX, AND DIRECTING EXECUTION TO BE RE- 
TURNED UNSATISFIED, AND IN DISCHARGING THE ASSESS- 
ORS. 

Whereas it cqjpears that William Wells, Luther Bate- 
man and Stephen Crittendon assessor's for the town of 
Lenox in the county of Berkshire, for the year 1781, did 
sometime in the month o/" December the same year, make 
and deliver to Ebenezer Turrill, then Com^tahle of said 
Lenox, a tax or assessment t on a class in said toivn, of 



1782. — May Session. 243 

ivhich Colonel Caleb Hyde was Jiead, amoiLnting to the 
sum of One hundred twenty eight pounds nine shillings 
and six pence, said class then being deficient of an able 
bodied effective man to serve in the continental army for 
three years or during the war, and made a certificate of the 
same, directed to the Treasurer of this Commonwealth, 
which certificate (by accident) has failed of being delivered 
to said treasurer. And whereas the said treasurer hath 
since issued an execution against the said William Wells, 
Luther Bateman and Stephen Crittendon for thdr not 
assessing the class aforesaid, which execution is now in the 
hands of the sheriff of said county of Hcrkshire, in force 
against the^n. 

Therefore Resolved, That the treasurer of this Com- 
monwealth, be, and he hereby is directed to issue his 
warrant to the said Ebenezer Turrill, to collect and pay 
in to him or his successor the aforesaid sum One hundred 
twenty eight pounds, nine shillings and six pence agree- 
able to the resolves of the General Court of the 2Uth of 
October 1781, for the collecting and payment of any rate 
made in obedience to the same resolves, saving so far 
as relates to the time of payment to be made to the 
treasurer, which shall be on the first day of September 
next. 

And it is further Resolved, That if the amount of said 
assessment is not paid into the treasurer on or before the 
said first day oi September next, then the Treasurer shall be, 
and hereby is directed and required to issue his execution 
against said Ebenezer for the whole of said sum or such 
part thereof as shall then remain due, returnable in thirty 
days from the date thereof. 

And be it further Resolved, That the execution afore- 
said be yeturned wholly unsatisfyed, & the said assessors 
finally discharged therefrom, they paying the legal costs 
incurred on the same, any law or resolve to the contrary 
notwithstanding. July 3, 1782. 



Chapter 109. 

RESOLVE EXPRESSIVE OF THE DETERMINATION OF THIS COM- 
MONWEALTH TO ADHERE FIRMLY TO THE CAUSE OF THE 
UNITED STATES OF AMERICA. 

Wliereas the King of Great Britain des^miring to effect 
the subjugation of the United States of North America by 



Chap.W9 



244 1782. — May Session. 

menaces and the violence of a cruel and vindictive icar, 
entertains the idea of effecting his purpose by artfully dis- 
seminating the seeds of disunion among ourselves, and 
detaching some of these United States, or some bodies of 
men therein from the common cause, and from a connection 
with our illustrious Ally. 

Resolved Unanimously, That every idea of deviating 
from the treaty of the United States with his 3Iost Chris- 
tian Majesty in the smallest article, or of listning to 
proposals of accommodation with the Court of Great 
Britain in a partial and separate capacity, shall forever 
be rejected by us with the greatest abhorrence and 
detestation. And as we engaged in the present war with 
a solemn determination to secure if possible the rich 
blessings of freedom to the present and future genera- 
tions, a determination which we are hrmly persuaded was 
suitable to the dignity of our nature and the precepts 
of our religion and which we therefore reflect on with 
the highest satisfaction : so we will persevere in our 
utmost exertions to support the just and necessary war 
we are engaged in, and with the aid of that Almighty 
and most merciful Being who has ever appeared for us 
in our distress, we will prosecute the war with unre- 
mitting ardor, until the independence of the United States 
shall be fully recognized and established. July 4, 1782. 

Chapter 110. 

C%«P.110 RESOLVE PERMITTING SETH BARXES TO RETURN TO TAR- 
^ ' MOUTH IN XOVA SCOTIA. 

On tJie petition q/'Seth Barnes. 

Resolved, That the said Seth have, and he hereby has 
permission to return to Yarmouth in JS'ova Scotia in any 
vessel to whom a safe conduct may be granted, and to 
take with him one barrel of flour, one of rum, and one 
of coflTee. July 4, 1782. 

Chapter 111. 

ChaV 111 RESOLVE ON THE MEMORIAL OF ABEL WILDER, DIRECTING 
^ ■ THE COMMITTEE ON ACCOUNTS TO RECEIVE THE ACCOUNTS 

MENTIONED. AND TO EXAMINE AND ALLOW THE SAME. 

On the memorial o/"Abel Wilder, ^9 ra?/^?i/7 that the com- 
mittee on accounts may be impowered to receive the accounts 
set forth in said memorial for examination and payment. 



1782. — May SESsioi^r. 245 

Resolved, That the committee on accounts, be, and they 
are hereby impowered to receive the aforesaid accounts 
for examination allowance and payment, any order or 
resolve to the contrary notwithstanding. July 4, 1 782. 



Chapter 113. 

RESOLVE ON THE PETITION OF SETH HAYWOOD, DIRECTING 
THE JUSTICES OF THE INFERIOR COURT FOR THE COUNTY 
OR WORCESTER, TO PROCEED IN THE HEARING AND DETER- 
MINATION OF THE ACTION MENTIONED. 

On the petition of Seth Haywood, setting forth that 
certain inistal'es had taken jilace in a resolve of this Court 
of the 28th of February last, the word Wednesday being 
twice mentioned by mistake in the said resolve, in the place 
of Tuesda3\ 

Therefore Resolved, That the justices of the inferior 
Court of common pleas for the county of Worcester, be, 
and they are hereby directed to proceed in the hearing 
and determination of the action in the said resolve men- 
tioned, any mistake or want of form in the said resolve, 
or the proceedings thereon notwithstandino-. 

^Juhj4,1782. 



Chapter 113. 

RESOLVE DIRECTING THE JUDGES OF PROBATE TO CALL TO 
ACCOUNT ALL AGENTS FOR THE ESTATES OF ABSENTEE 
AND AUTHORIZING THEM TO RECEIVE SUCH SUMS OF MONEY 
AS THEY HAVE RECEIVED. 

Whereas >>undry resolves have passed the Genercd Court 
of this CommomvealtJi, calling upon agents on the estates 
of absentees, to pay into the public treasury, all such sums 
of money xis they have received in their said capacity ; 
notwithstanding which several of the said agents have 
retained large sums of money in their hands to the present 
time, whereby the Commonicealth will sustain great loss, 
unless measures are adopted to prevent the same. 

Therefore Resolved, That the judges of probate in the 
several counties in this Commonwealth, be, and they are 
hereby directed without loss of time, to call to account 
all persons who have been nominated and appointed by 
themselves, or their predecessors in office, agents for the 
estates of absentees, and who have hitherto neglected 



Chap,ll2 



'^ Chap.ll'^ 



246 1782. — May Session^. 

fully to account for, and pay into the treasury of the 
Commonwealth, the monies received in their said capacity, 
and the said judges of probate are hereby severally author- 
ized and directed to receive of the agents so appointed in 
their respective counties, such sums of money as shall be 
equal in value by the scale of depreciation, to the sum's so 
received by the said agents, and still remaining in their 
hands, and transmit the same as soon as may be to the 
treasurer of this Commonwealth, taking duplicate receipts 
therefor, one of which to be lodged in the Secretary's 
office. And in. case any agent appointed as aforesaid, 
shall neglect or refuse to account with the judge of pro- 
bate, or to pay to him the value in the manner abovemen- 
tioned, of the sums he has received in his said capacity, 
such judge of probate is hereby directed to put in suit the 
bond given by such agent and his sureties, and recover 
the balances remaining in his hands, and such balance 
to transmit to the treasurer as aforesaid. 

And whereas the agents on the said estates were first 
directed to pay into the treasury of the Oommomoealth, 
the sums by them respectively received, by a resolve of the 
General Court o/May 3, 1779. 

It is further Resolved, That if any agent has still 
monies in his hands, which he received in said capacity 
before the said 3d day of May, he shall be holden to pay 
therefor no more than if he had received the same, on the 
same third day of May, any thing in this resolve to 
the contrary notwithstanding. July 4, 1782. 



Chapter 114. 

Char) 114 e,esolve directing the agent for receiving beef in 

^' THE COUNTY OF CUMBERLAND, TO DELIVER TO THE COM- 

MISSARY-GENERAL the beef on HAND, IN ORDER TO BE 
DISPOSED OF. 

Resolved, That the agent for receiving beef in the 
county of Cuniberland, be, and he hereby is directed 
to deliver to the Commissary General what beef he has 
in his care in said county, and that the Commissary 
General, be, and he hereby is directed to dispose of so 
much of the same at public or private sale, as he shall 
judge necessary. July 4, 1782. 



1782. — Mat Session. 247 

Chapter 115. 

MESSAGE FROM THE HONORABLE SENATE AND HOUSE OF Ckai) 115 
REPRESENTATIVES, IN ANSWER TO HIS EXCELLENCY THE ^ * 

GOVERNOR'S, RESPECTING THE BIRTH OF A DAUPHIN OF 
FRASCE. 

Ordered, Thut J^athan Cushing and Jonathan Green- 
leaf, tsquires, on the part of the Senate, and Captain 
Patch, Doctor Manning, and Mr. Goodill on the part of 
the House, be a committee to wait on his Excellency the 
Governor with the followino- messao'e. 

May it please your Excellency. 

'1 he Senate and House of Representatives in General 
Court assemliled, have received with particular pleasure 
the communication your Excellency has been pleased to 
make, that the minister plenipotentiary of his Most 
Christian Majesty has announced to the United States 
in Congress assembled, the birth of a Dauphin oi France. 

We share in the lively joy which this happ}'' event has 
given the most Christian King, and the nation over which 
he reigns, a Prince in whom these United States have 
found a most faithful ally, and a nation who have freely 
expended their t^i'easure and their blood in the defence of 
the rights of mankind. We request your Excellency, 
with advice of Council, to take such measures as in your 
wisdom shall be thought proper, to express in a public 
manner the common joy upon this auspicious occasion. 

And, we also request your Excellency to express to the 
Minister Plenipotentiary of his Most Christian Majesty, 
our congratulations on an event which tends to the sta- 
bility of a monarchy, with which we are connected by 
every sentiment of affection. July 4, 1782. 

Chapter 116. 

A GRANT OF 18s. TO HONORABLE STEPHEN CHOATE, ESQ. Chap.WQ 

On the representation of Stephen Choate, Esq. 

Resolved, That the said Stephen Choate, Esq ; be, and 
he hereb}" is directed to pay into the public treasury, the 
sum of twelve pounds, received by him for the rent of 
Thatcher's Island, for the year 1781, taking duplicate 
receipts therefor, and lodging one of the same in the 
Secretary's office. 

Resolved further, That there be allowed and jxiid out of 



248 1782. — May Session. 

the public treasury to the said /Stej)hen Choate, Esq ; the 
sum of eighteen shillings, in full for his services in col- 
lecting the rent aforesaid, and leasing the aforesaid island 
for the present year. July 4, 1782. 

Chapter 117. 

Chan 117 -^ grant of £.4o to honorable samuel adams, arte mas 

-^ WARD AND NATHANIEL GORHAM, ESQUIRES, A COMMITTEE 

APPOINTED TO REPAIR TO THE COUNTY OF HAMPSHIRE. 

Wliereas the Honorable Samuel Adams, Nathaniel Gor- 
ham a7id Artemas AYard, Esquires, have been by this 
Court appointed a committee to repair to the counti/ of 
Hampshire on public service. 

Therefore Hesolved, That there be allowed and paid out 
of the treasury of this Commonwealth to said Committee, 
the sum of Forty pounds out of the money appropriated for 
the payment ot the members of the General Court ; said 
committee to be accountable therefor. July 3, 1782. 

Chapter 118. 



Char) 118 resolve for the payment of the 
^' senate, and house of represeni 



honorable COUNCIL, 
TATIVES, OUT OF THE 
MONIES ORDERED INTO THE TREASURY FROM THE COM- 
MISSARY GENERAL AND AGENT. 

Whereas the payment of the money into the treasury by 
the Commissary general and Agent, for the p)urpose of 
paying the members of the General Court, may not be 
compleated before the recess of the Coui't. 

Therefore Resolved, That the Treasurer, be, and he is 
hereby directed to pay such monies as have come into his 
hands for the purpose aforementioned, to such of the 
members of the Hon. Council, Senate, and House of 
Representatives, as are now attending the Court in pro- 
portion to the sums due to them respectively by the 
pay roll. July 5, 1782. 



GhapM^ 



Chapter 119. 

RESOLVE ON THE PETITION FROM A NUMBER OF THE INHAB- 
ITANTS OF THE TOWNS OF BOSTON AND SALEM, PROHIBIT- 
ING COMMANDERS OF ARMED VESSELS FROM MOLESTING 
THE PEOPLE ON SHORE IN THE TOWN OF YARMOUTH, IN 
THE PROVINCE OF NOVA SCOTIA. 

On petitions from a number of the Inhabitants of the 
towns q/'Boston and Salem, setting forth that the inhabitants 



1782. — May Session. 249 

of the toivn of Yarmouth in the jjrovince of Nova Scotia, 
liave during the course of this war sJieivn themselves of a 
uniform, friendly disposition toivards the subjects of the 
United States of America; notwithstanding wJiiclt some 
pei'sons inhabitants of this Commonwealth, void of the 
common feelings of humanity have repeatedly gone on 
shore and wantonly entered the houses of those peaceable 
inhabitants and cruelly plundered them of their effects. In 
order to prevent like instances of inhumanity and hav- 
harity in future, 

Resolved, That from and after the first day of August 
next, no commander of any armed vessel or other person 
belonging to this Commonwealth be permitted to go on 
shore, within the limits of the town of Yarmouth, in the 
province of JS'ova /Scotia, and plunder any of the inhabi- 
tants thereof, of any of the articles hereafter mentioned, 
viz. wearing apparel — household furniture — farming 
utensils — provisions — live stock — fish or fishing-gear — 
salt — boats or shallops, with their tackle and appurte- 
nances — and in case any such commander or other person 
shall notwithstanding this resolve, presume to go on shore 
witliin the limits of said town of Yarmouth, and there 
take or seize any of the articles herein before enumerated, 
l)elonging to any o*f the inhabitants thereof, such inhab- 
itant, or inhabitants, who shall have any of the said 
articles thus taken, be, and they hereljy are admitted by 
themselves, or their attorney, being a liege subject of this 
Government, to appear in any Courts of law within this 
Commonwealth, and there prosecute the same to final 
judgment and execution, any law to the contrary not- 
withstanding. July 5, 1782. 



Chapter 120. 

RESOLVE ON THE PETITION OF MIC AH HATHORN AND 
OTHERS, DIRECTING THE CLERK OF THE TOWN OF STER- 
LING TO SHEW CAUSE &c. 

On the petition q/'Micah Hathorn and others.. 

Ordered, That the petitioners serve the Clerk of the 
town of Sterling with an attested copy of said petition, 
and this order, thirty days before the first day of the next 
session of the General Court, that cause may be shewn, 
if any there be, on the first Tuesday of the same session. 



Ckap.120 



250 1782. — May Session. 

why the prayer of said petition may not be granted ; and 
that all proceedings on the action mentioned and resolve 
set forth in said petition, be stayed in the mean time. 

July 5,1782. 

Chapter 131. 

Chan 121 J^EsoLVE on the petition of Joseph ridgway, enlarg- 

K^fUqj. I jj^g j^jj^ FROM HIS confinement IN GOAL, ON CONDITION. 

On the petition o/" Joseph Ridgway. 

Whereas it appears to this Court that the said Joseplt 
Ridgway, who is a prisoner in Boston goal, committed 
for coming into this Commonwealth, after absenting him- 
self therefrom, without liberty obtained from government, 
and contrary to law, used his endeavours to procure such 
liberty, previous to his thus coming, but failed therein by 
reason of the inattention of those through whom his 
application was to be made : Therefore 

Resolved, That the said Joseph Ridgway be enlarged 
from his imprisonment, he recognizing before some justice 
of the peace for the county of Suffolk, in the sum of two 
hundred jjoimds, with sufficient securities, that he the 
said Joseph Ridgway will appear at the Supreme Judicial 
Court, next to be holden at Boston within and for the said 
county of Suffolk, and make answer to any complaint or 
indictment that may be there made against him, and abide 
the judgment of the said Court thereon. 

July 5, 1782. 



Chap.122 



Chapter 123. 

RESOLVE IMPOWERING THE ASSISTANT TREASURER TO APPLY 
THE MONEY ARISING FROM THE EXCISE IN THE SEVERAL 
COUNTIES, TO THE PAYMENT OF GOVERNMENT SECURITIES, 
AS ALSO THE MONEY ARISING FROM LICENCES. 

Whereas in and by an act of this Court entitled " an act 
laying certain duties of excise on certain articles therein 
mentioned for the purpose of paying the interest on govern- 
ment securities," it is provided, that the money arising 
from the excise, in the several counties of this Common- 
wealth should be appropriated by the Treasurer to the 
payment of interest on Governmental Securities — and 
ivhereas in and by another act of this Court, intitled an 
act for the belter regulation of the treasury of this Com- 



1782. — May Session. 251 

monwealth, and for appointing an assistant Treasurer, the 
collectors of excise in the several Counties, are directed to 
pay unto the assistant treasurer the su7ns arising from the 
said excise, and no provision is made in the said act by 
which the said assistant Treasurer is impoivered to apply 
and pay the produce of the said excise in any vay what- 
soever. 

Resolved, That the assistjint treasurer be, and he hereby 
is impowered and directed to appl}^ the money arising 
from the excise in the several counties, solely to the pay- 
ment of interest on Governmental Securities, consolidated 
in conformity to an act of this Court, intitled, " an act to 
impower the treasurer to receive Government Securities 
on loan to the amount o^ eight hundred thousand pounds," 
and to pay the same accordingly in the manner directed 
to be done by the Treasurer, in and by the act aforesaid. 

July 5, 1782. 

Chapter 123. 

RESOLVE DIRECTING THE COMMITTEE FOR REVISING LAWS, (^J.q^ 1 2S 
TO BRING IN A BILL FOR THE CONFISCATION OF BRITISH ^"-^J/'^ ^ 
PROPERTY IN THIS COMMONWEALTH, 

Ordered, That the committee for revising the laws, be, 
and they are hereby directed to take into consideration a 
resolve of Cono-ress, recommendino; the confiscation of 
British goods and manufactures imported into this Com- 
monwealth, to prepare a bill for that purpose, and report 
it at the beginning of the next session of the General 
Court. July 5, 1782. 

Chapter 124. 

RESOLVE APPOINTING COMMITTEES IN SEVERAL COUNTIES IN n7,n^ 124 

THIS Commonwealth, to expedite the payment of ^ 

THE continental TAX, WITH A LETTER TO SAID COMMIS- 
SIONERS. 

Whereas, a spirit of domination, intolerable to a free 
p)eop)le, nianifested by the King o/" Great Britain, aided by 
his parlia^nent and subjects, compelled the irihahitants of 
this country, to enter into a contest the most important and 
interestijig ; a contest, which, on the one hand, hath for its 
object, the most degrading state of slavish subjugation ; and 
on the other, the political security of the rights of freemen, 
— to doubt a determined resolution in the good people of 



252 1782. — May Session. 

tJiis Commonwealth, to support a system necessary on their 
part, to maintain this contest, luould he the highest insult 
to their generous spirit. As a last resource, the adminis- 
tration of Great Britain is making every effort to obtain 
that by art which it dispairs of obtaining by arms. Suc- 
cess hath hitherto attended our patriotic exertions. By the 
assistance of a kind Providence we still are a free people ; 
and to our own choice it see7ns by heaven to be referred 
whether u-e shall still y^emain such. We are blessed with 
many means of defence; we have a brave and icell disci- 
plined army, and our granaries and pastures abound with 
the necessaries for their subsistance; bid our finances are 
deranged, and the ivaiit of a circulating medium is severely 
felt: this has subjected us already to many inconveniencies, 
and former measures have not only, by experience, been 
found ineffectual, but have involved us in great expence: 
At length Congress, in their ivisdom, have adopted a mode, 
which if carried into effect, will provide for the public 
exigencies, on p>rinciples the most economical, systematic 
and simple; but for this purpose the aid of the people is 
necessary. Infamy, niin and inconceivable distress are to 
be dreaded from indecision, ivJiile from exertion we have 
reason to hope for a speedy termination of the war, the 
blessings of peace and the happy fruits of freedom. We 
have hitherto excited the admiration of Europe. We have 
obtained and noiv enjoy the friendship of one of tJie most 
respectable Monarchs and kingdoms in the world. But 
generosity as well as interest forbids that our deliverance 
should be derived solely from external assistance; on our 
own spirit we ought to, loe must rely, and reject with 
manly determination the humiliating idea of an unneces- 
sary dependence on any pouter under heaven. 

This Court having been obliged to repeal a clause in the 
late tax act, providing for payment thereof in certain 
specific articles, and having made the notes of the notio7ial 
bank and the notes of the honorable Robert Morris, Esq; 
Superintendant of Finance in his official capacity, receiv- 
able toicards the discharge of the said tax; and having been 
informed officially, that either the said bank notes, or the 
said SuperintendanV s notes will be received by Congress 
in lieu of each, and that the honorable James Lovell, Esq ; 
ivho by Congress is appointed Receiver of the said tax, toill 
exchange any cash he may receive thereon for the said bank 
notes and Superintendant^ s notes {withoid discount) which 



1782. — May Session. 253 

vnll prevent our being deprived of a cii^culating medium^ 
greatly facilitate tlie coUecting of the mid tax, and alleviate 
the burthen thereof; and having lately received from Con- 
gress; the most positive declaration that an immediate supply 
of cash is cdjsolutdy necessary : 

Resolved, That the honorable Cotton Tufts, Caleb Davis, 
Ebenezer Battelle, and Seth Bullard, Esq'rs, be appointed 
Commissioners for the county of Suffolk. 

Ihwt N'athan Goodale, Daniel Thurston, Moody Bridges, 
Jolin Tracey, Joseph Sprague and Nathan Dane, Esq'rs, 
be appointed Commissioners for the county of Essex. 

That the honoral>le Oliver Frescot, Yj%C[ ; Samuel Phillips 
Savage, Loanimi Baldwin and Jolui Gleason, Esq'rs, be 
appointed Commissioners for the county of Middlesex. 

That William Pyncheon, Robert Breck, Blisha Porter, 
David Mosely, David Dickinson and Zabiria Montague, 
Esq'rs, be appointed Commissioners for the county of 
Hampshire. 

That Levi Lincoln, Benja7ni7i lieed, Danforth Keyes, 
Daniel Clap and Ephraim Fairbanks, Esq'rs, be appointed 
Commissioners for the county of Worcester . 

That William Drew, David Iiingman and Thomas 
Davis, jun, Esq'rs, be appointed Commissioners for the 
count}' of Flymouth. 

That Elisha Doane and Joseph Nye, Esq'rs, of Sand- 
wich, l)e appointed Commissioners for the county of Barn- 
stable. 

That Shubael Feck, Benjamin W^illiams, and Alden 
Spooner, Esquires, be appointed Commissioners for the 
couuty of Bristol. 

That the Hon. Joseph Simpson, Esq ; William Rogers 
and Joseph Morril, Esq's, be appointed Commissioners 
for the county of York. 

That JoJin Lewis and StepJien Longfellow ,]\\x\. Esquires, 
be appointed Commissioners for the county of Cumber- 
land. 

That Col. Wvliam Farnsworth Major John Farley, 
Jonathan Bowman Esq., and Col. William Llovmrd, be 
appointed Commissioners for the count}^ oi Lincoln. 

That John Fellows, William Walker, and Joseph Thomp- 
son Skinner, Esquires, be appointed Commissioners for 
the county of Berkshire. 

Which Commissioners shall make known unto the inhab- 
itants of the respective counties for which they are 



254: 1782. — May Session. 

appointed as aforesaid, the urgent necessity there is for an 
immediate supply of money, and earnestly request those 
who have the means, to evince their patriotism by advanc- 
ing immediately the proportion at which they are assessed 
in the said tax, or so much thereof, as shall be in their 
power. And the said Commissioners severally to whom 
any advances may be made shall receive the said bank 
notes and superintendants notes in lieu of cash, without 
discount, and shall give a certiticate for the sum received 
in manner and form following, that is to say. 

County of S 1782. 

Received of C D. of the toion of B , in the county of 

S aforesaid, the sum of on the Continental 

tax, granted in March last, which said sum shall be dis- 
counted on the said tax. A. B. Commissioner. 

And the said certificates, according to the true intent 
and meaning of the aforesaid words shall be received by 
the Constal)les and Collectors of the tax aforesaid, in 
the several towns to which the persons making such 
advances respectively belong. 

And the CJommissioners shall severally as soon as may 
be transmit to the Treasury of this Commonwealth, the 
money they may respectively receive in the performance 
of the trust hereby committed unto them ; and the same 
being remitted to the Treasury, said Commissioners shall 
be severally credited therewith, and their several certifi- 
cates shall l)e charged to them respectively when the same 
shall be received into the Treasury ; that any mistakes 
may be deducted, and that it may be known whether the 
said Commissioners faithfully perform their duty herein. 

Resolved, That the Secretary be, and he is hereby 
directed, to cause these resolutions and the circular let- 
ters accompanying them, to be printed, and a suitable 
number of copies thereof transmitted as soon as may be 
to the several Commissioners aforesaid, having first entered 
on the letters addressed to the Commissioners the names 
of the towns and other places assigned to them respec- 
tively. 

Read and accepted, together with the circular letters 
accompanying the same, and ordered that the President 
of the Senate, and Speaker of the House of Represent- 
atives, be, and they herel^y are directed, jointly, to sub- 
scribe the letters addressed to the Commissioners aforesaid. 



1782. — May Se*ssion. 255 

(CIRCULAR.) 

To A. B. one of the Commissioners in the county of -, 

ap2)ointed to expedite the payment of the Continental tax. 

Sir, 

Reposing the fullest confidence in your integrity, patri- 
otism and abilities, this legislature of this Commonwealth 
have appointed you (as Avill appear by the inclosed 

resolves) to be a Commissioner in the county of , for 

the purpose of urging upon the inhabitants thereof an 
immediate payment of the tax levied in March last, for 
the use of the United States, and for the special and 
important purpose of supporting the army. A deficiency 
of any one State in the union in this respect, may so 
derange the system of supplies, and impede the military 
operations, that to prevent the worst possil)Ie conse- 
quences, the legislature cannot too deeply impress upon 
the minds of its constituents, nor too zealously insist on 
the absolute necessity of an immediate supply. You will 
therefore render your country an essential service, by your 
instant and vigorous exertions in the towns assigned you 
(as under) to engage the inhabitants thereof to make all 
the advances in their power, as they regard their political 
salvation. 

To render the burden as easy to you as possible, the 
inclosed circular letter has been prepared to l)e sent by you 
to the several towns, at a convenient time previous to your 
visiting them, that they may feel the full force of your 
application, and be in readiness to comply with its design. 

You are directed, gentlemen, to transmit the monies 
and notes paid you, on compleating your collection in the 
several towns committed to you, to the Receiver General 
of this Commonwealth, taking duplicate receipts therefor, 
one of which is to be deposited in the Secretary's ofiice. 
We are, gentlemen, your most humhle servants. 
President of the Senate. 
Speaker of the House of Representatives. 

By order of the General Court. 

(CIRCULAR LETTER.) 

Friends and fellow citizens, 

Being appointed by the legislature of this Common- 
wealth, to made application to you for relief under the 
l)resent most pressing exigencies of government, you will 
permit me while I hand you the enclosed resolves, with 



256 1782.-^ May Session. 

all the simplicity and energy of truth, to present to your 
view the following facts and observations ; not doubting 
the utmost exertion of your abilities, as the natural and 
necessary result of your attention to them, and their 
important consequences. 

In the first stages of the glorious contest for the rights 
of human nature, to which we were compelled ])y the 
tyrannic views and measures of the British government, 
it was found necessary to institute, in several successive 
emissions, a paper medium, by the free circulation and 
credit of which, we weie enabled to conduct the war for 
several years with vigor and success. But as no fund 
was any where laid for its redemption at its value when 
emitted, its credit and utility were temporary ; although 
it accomplished valuable purposes for the time — l)ut 
becoming an instrument of destruction to public faith, 
and to the real interests both of the Commonwealth and 
of individuals, the conhdence of all ranks of people was 
by universal consent withdrawn, and it happily expired 
without any of those disagreeable consequences which our 
enemies promised themselves from its faihire. 

Being still obliged to support a large army, and hold 
ourselves in readiness for an active campaign. Congress 
have changed the system of supplies, and adopted, 'u[)on 
just and teconomical princii)les of finance, a mode of con- 
ducting them, which must interest every person who 
regards the welfare of his country or even his own, in its 
continuance. 

The Superintendant of Finance, by contracts for that 
purpose, has among other things, made so capital an 
alteration in victualling the army, that the price of 
rations is reduced from two shillings and six j^^nce, to 
eight pence, and every article in the Quarter Master's, 
Clothier's and Hospital departments, in much the same 
proportion ; so that the army is now fed, cloathed and 
marched, at nearly one quarter part the expence of 
former establishments. 

When, therefore, the vast sum necessary to maintain 
so respectable a force in the field is considered, and a 
saving of nearly three quarters thereof is duly realized, 
no one can hesitate a moment in determining the necessity 
of every exertion, to support so prudential a system. 

The proportion assigned this Commonwealth for this 
3'ear's service, is four hundred thousand pounds; one half 
of which was required by Congress to have been paid in 



1782. — May Session. 257 

April, and the other in June: But the cliflaculties arising 
to the people from the want of a circulating medium, and 
from the operation of taxes — for compleating the army 
— redeeming the old money — paying the interest on the 
new, and for the redemption of the principal in one year 
instead of six — for military service — and for the support 
of civil government, furnished no inconsiderable apology 
for the delay. 

Inasmuch, however, as it is impossible to maintain an 
army in the field, or carry on the operations essential to the 
speed}' restoration of peace, unless the monies required, 
and which are no more than are indispensibly necessary, 
are punctually paid in the proportions assessed on the 
several States in the union ; and as the difficulties before- 
mentioned bear no proportion to the distresses immedi- 
ately consequent upon the entire failure of public credit, 
disbanding the army, and the disagreeable subjugation of 
our country ; 3'ou will seriously reflect on the.high impor- 
tance of the present requisition, and determine with the 
energy and spirit of freemen, to exert every possible 
means for contributing your proportion of this demand. 

On the reception you give this address, may be sus- 
pended the fate of your country ; and a momentary 
inattention or neglect may insure perpetual though fruit- 
less contrition and remorse. 

This then is one of those great occasions which calls on ' 

the good people of the Commonwealth to give proof of 
the sincerity of past engagements — a proof far more 
substantial and decisive than any verbal declaration what- 
ever. 

The selectmen or assessors of your place will commu- 
nicate the preceding ; and as it is my intention to visit 
you on day of I shall expect to receive 

your collections at that time, and shall be prepared to 
execute the receipts therefor as directed. The notes of 
the national bank, and the official notes of the honorable 
Robert Morris, Esq ; will be received as money. 

I am, your friend and felloiv -citizen, 

( One of the Commissioners 
\ for the county of 

To the selectmen or assessors of the town of 

To be communicated to the inhabitants. 

July 4,1782. 



258 178L\ — May Session. 

Chapter 135. 

Chap.125 RESOLVE for raising a company of men in the counties 

^' " of YORK and CUMBERLAND, TO BE STATIONED ON THE 

FRONTIERS OF SAID COUNTIES. 

On the memorial of the committees of Fiyburg, Bridgton 
and i^wdhwvy Q\i\vd.&'i, praying for a company of men to 
he stationed at Sudbury Canada, for the protection of the 
frontiers of the counties of York and Cumberland : There- 
fore, 

Resolved, That there be raised in the counties of Yorh 
and Cumberland, stationed on the frontiers of said coun- 
ties, a company of men to consist of one Lieutenant and 
thirty men, to continue in service till the first day of De- 
cember next, unless sooner discharged : And his Excellency 
the Governor is requested to appoint and commission the 
officers accordingly, and to give the necessary orders for 
carrying this resolve into execution. 

And it is further liesohed, That there be allowed the 
same wages and rations as officers and soldiers receive in 
the Continental army ; and that the Commissary-General 
supply the aforesaid men with provisions or money, as he 
shall asree, for their rations as aforesaid. 

Jahj5,1782. 

Chapter 126. 



ChciD.l^G RESOLVE APPROPRIATING THE MONEY ARISING FROM 
^ ' "" FINES TAKEN FROM THE PEOPLE CALLED QUAKERS, 



THE 
FOR 

FILLING UP THE CONTINENTAL ARMY, AND EMPOWERING 
JORX FELLOWS, ESQ; TO RECEIVE SAID MONEY. 

Besolved, That all the money now deposited in the 
treasury of this Commonwealth, arising from the fines 
levied on and taken from the people called Quakers, for 
not procuring their quota of men for filling up the Conti- 
nental army, agreeable to a resolve of the General Court, 
of the 2d of December, 1780, be without loss of time 
applied to the purpose for which the said fines were 
levied: and that John Fellov:s, Esq; l)e, and he hereby 
is empowered and directed, to receive the said money, 
and as soon as may be to proceed to hire as many able- 
bodied eflective men as can be hired therewith, and cause 
said men, so hired, forthwith to be mustered as soldiers 
for this Commonwealth, for filling up the Continental 



1782. — May Session. 259 

army. And his Excellency the Governor, with advice of 
Council, is requested to issue a warrant for the delivery 
of said money to the said John Fellows, Esq ; who is to 
be accountable for the expenditure of the same : And the 
said Ftllovs is directed to lay his account for time and 
expences, before the committee of accounts, for allowance 
and payment. July o, 1782. 

Chapter 127. 

RESOLVE DIRECTING CALEB DAVIS, ESQ; WHO WAS BY A LATE (JJinj) 197 
ACT EMPOWERED TO PROCURE A LOAN OF TWENTY THOU- J- ' 

SAXD POUXDS, ox THE CREDIT OF THE CONTINENTAL TAX 
OF TWO nUNDRED THOUSAND POUNDS, TO RECEIVE BILLS 
ISSUED FROM THE NATIONAL BANK OF AMERICA; AND 
DIRECTING THE COMMITTEE APPOINTED THE 4tu INSTANT, 
TO USE THEIR INFLUENCE FOR CARRYING SAID ACT INTO 
EFFECT. 

Resolved, That the Hon. Caleb Davis, Esq ; and others, 
who by an act passed the present session are empowered 
and directed to procure a loan of the sum of ticenty 
thousand jiounds, on the credit of the Continental tax of 
two hundred thousand j^ounds, be, and they hereby are 
directed, to receive on the said loan, bills issued from the 
national bank of America, and on the credit of the Super- 
iutendant of Finances, as well as specie. 

And it is further Resolvfd, That the committee appointed 
on .the 4th of this instant, to consider what measures may 
be taken to reduce the expences of government, and for 
other purposes, be, and they hereby are directed, to use 
their influence for carrying into effect the act abovemen- 
tioned, and the resolve for expediting the pa3'ment of the 
Continental tax aforesaid. July 5, 1782. 



Chapter 128. 

RESOLVE DIRECTING THE TREASURER TO GIVE RECEIPTS 
UPON THE CONSTABLES OR COLLECTORS OF TAXES FOR 
THE PAYMENT OF THE MEMBERS OF THE GENERAL COURT. 

Resolved, That the Treasurer be, and he is hereby 
directed, to give receipts upon the constables or collectors 
of taxes, to such members of the General Court as chuse 
to take the same, to compleat the payment of the wages 
respectively due to them. The aforesaid receipts to be 
fcgiven upon the tax of October last. July 6, 1782. 



Chap.128 



260 1782. — May Session. 

Chapter 129. 

CAa».129 RESOLVE ON THE PETITION OF CAPT. JOHN FOSTER WILLIAMS. 

On the petition o/"fIohn Foster Williams, Esq; late com- 
mander of the ship Protector : 

liesolved. That the prayer of his petition be so far 
granted, that he be, and hereby is empowered and directed, 
to make up pay rolls for the services of the officers, sea- 
men and marines, who served on board said ship, who 
have returned from captivity, provided they returned as 
soon as their circumstances would admit, and have not 
been in other service, agreeable to the establishment of the 
navy, passed June 28, 1781, deducting the sum already 
received by them from this Commonwealth. And he is 
further directed to make up the roll of such of the said 
ship's company as are now in captivity (agreeable to the 
resolve aforesaid) to the time said ship was captured, set- 
ting forth, in distinct columns, their names, time of entry, 
time of capture or return, time in service, wages and slops 
received from this Commonwealth, and advances made 
them by the said Capt. Wilh'atns, on his own account, to 
relieve their necessities while in captivit3^ The rolls 
aforesaid to be made payable to the men borne thereon, 
their order or legal representative ; and the amount of 
advances aforesaid to be deducted from their wages. 

And it is further Resolved, That the Treasurer pay to 
the said Capt. Williams, what the said Williams advanced 
on his own account, and is deducted as aforesaid : And 
the wages and slops advanced by this Commonwealth, and 
so deducted, shall be credited to the said Capt. Williams, 
and discounted with him by the agent of this Common- 
wealth, who is hereby directed to settle with and discharge 
him for all cloathing and slops by him received of the late 
Board of War and committee of supplies, crediting him 
for such as were on board said ship at the time of capture ; 
and likewise to settle with said Williams for his disburse- 
ments made in the West Indies, for the repair of the ship 
Protector. 

And it is further Resolved, That the Treasurer aforesaid 
be, and he hereby is directed, to cel'tify to the agent afore- 
said, the sum deducted from said rolls for slop cloathing 
advanced, which sum so certified shall be credited to the 
said Williams by the said agent, and upon a settlement of 
his accounts shall discharge him therefrom. 



1782. — May Session. 261 

And it is further Resolved, That the Treasurer discount 
Jive hundred iiounds new emission, which said Williams 
receiyed to pay advance wages, the vahie thereof at the 
time he received it to l)e ascertained by the scale of depre- 
ciation, deducting the interest charged thereon ; and said 
Treasurer shall give said Williains duplicate receipts there- 
for, one of which to be lodged in the Secretary's office, the 
other to be produced to the committee for stating the pub- 
lic accounts, who are hereby directed, on receipt thereof, 
to discharge the said Williams accordingly. 

' July 5, 1782. 



Chapter 130. 

RESOLVE TO PREVENT INCONVENIENCES TO THE SUBJECTS OF 
THIS COMMONWEALTH, IN PAYING THE TAX GRANTED IN 
MAY, 1781, DIRECTING THE TREASURER TO SUSPEND HIS 
EXECUTIONS UNTIL THE SECOND WEDNESDAY OF THE NEXT 
SESSION, WITH A PROVISION IN SAID RESOLVE. 

WJiereas tlie good sidjjects of this Commonwealth have 
lately been called to furnish a considerable number of troops 
for the Continental service, in compliance ivith lohich large 
sums of money have been and necessarily will be expended 
by them for the purpose of procuring the said troops: And 
whereas it is indisp)ensibly necessary that the last tax 
granted for the purpose of discharging the first part of the 
sum required by Congress of this Commonwealtli, as luell 
as any balances which may remain due on the tax granted 
in October last, should be immediately paid into the treas- 
iiry : And ichereas under such circumstances it might 
greatly distress many of said subjects, if execution should 
immediately issue for the tax granted in May, 1781, which 
is payable either in specie or bills of credit of the new 
emission: Therefore, to prevent such distress, and in order 
that equal justice may take place as nearly as may be. 

Resolved, That the Treasurer of this Commonwealth be, 
and he hereb}^ is directed, to suspend the issuing execu- 
'tions for the tax granted in May, 1781, until the second 
Wednesday of the next setting of the General Court. 

Provided nevertheless. That in all cases where any part 
of the tax last mentioned shall, on the first day oi August 
next, remain due to any constable or collector thereof 
within this Commonwealth, the several persons from whom 
the same shall be due, shall be held and ol)lii>ed either to 



C^ap.130 



262 1782. — May Session. 

pay the sums due from thera respectively in bills of the 
new emission, not having the second year's interest paid 
on them, or to pay a sum equal to the interest which shall 
have been paid on said bills, over and above the amount 
of their respective taxes, or otherwise to pay the said 
taxes in specie. And the said constables and collectors 
shall be severally held and obliged to pay to the Treasurer 
of this Commonwealth, the several balances of the tax last 
mentioned, which on the said first day of AuguM next 
shall remain due from them respectively, either in bills of 
the ncAv emission, not having the second year's interest 
paid thereon, or to pay a sum equal to the interest which 
shall have been paid on said bills, in addition to the said 
balances, or otherwise to pay the said balances in specie^ 

July 6.1782. 

Chapter 131. 

CAa».131 RESOLVE FOR RAISING A NUMBER OF GUARDS, TO BE STA- 
^ ' TIONED AT CERTAIN PLACES UPON THE SEA-COAST, IN THE 

COUNTIES OF CUMBERLAND, ESSEX, PLYMOUTH, AND BRIS- 
TOL, AND MAKING AN ESTABLISHMENT. 

Whereas it is essential to the public safety., that suitable 
guards he provided and stationed at the several posts here- 
after mentioned, witJiin this Commonwealth : 

Therefore Resolved, That there be raised in the county 
of Cumberland, and stationed at Fahnouth, one serjeant 
and twelve matrosses ; and at Cape Elizabeth, one corpo- 
ral and six matrosses : That there be raised in the county 
of Essex, and stationed at Plumb Island, one corporal and 
three matrosses ; at Gloucester, one serjeant and eight 
matrosses ; at Beverly, one corporal and three matrosses ; 
at Salem, one serjeant and live matrosses ; at Marblehead., 
one serjeant and eight matrosses : That there be raised in 
the county of Bristol, and stationed at Dartmouth, one 
serjeant and fourteen matrosses : That there be raised in 
the county of Plymouth, for the fort at the Gurnet, one 
serjeant and eight matrosses. 

And be it further Resolved, That there be allowed and 
paid to each serjeant, forty-eight shillings per month ; to 
each cov\)OYii\, forty-two shillings per month ; and to each 
matross or private, forty shillings per month : And that 
the Commissary General be, and he is hereby directed, to 
supply the several non commissioned officers and men 



1782. — May Session. 263 

above mentioned, with such rations as are delivered to 
soldiers in the Continental army, either in provisions or 
money, as he may agree. 

And be it further Resolved, That his Excellency the 
Governor be requested to give orders for raising the sev- 
eral detachments before mentioned, and that they be 
properly supplied with ammunition ; and that the said 
guards be added to or diminished, and to continue so long 
as the Governor, with advice of Council, shall judge for 
the advantage and safety of the Commonwealth. 

July 6, 1782. 



RESOLVES 

OP THE 

GENERAL COURT OF THE COMMONWEALTH 
OF MASSACHUSETTS, 

BEGUN AND HELD AT BOSTOX, IN THE COUNTY OF SUF- 
FOLK, ON WEDNESDAY THE TWENTY-NINTH DAY OF 
MAY, ANNO DOMINI, 1782; AND FROM THENCE CON- 
TINUED, BY PROROGATION, TO WEDNESDAY THE 
EIGHTEENTH DAY OF SEPTEMBER FOLLOWING, AND 
THEN MET AT THE SAME PLACE, BEING THE SECOND 
SESSION OF SAID COURT. 



1782. — September Session. 
Chapter 1. 

RESOLVE EXCUSING RICHARD CRANCH, ESQ, FROM ANY FUR- nj.Qjy 1 
THER SERVICE ON THE COMMITTEE FOR EXAMINING THE ^"'^F' 
TREASURER'S ACCOUNTS. 

WTiereas it appears, that it is not at present necessary 
that the committee for examining the Ti'easui'er'^s accounts, 
should coiisist of more than two members: and the Hon. 
Richard Cranch, Esq; one of said committee , from want 
of health, is unable to attend said service: 

Besolved, That the said Richard Cranch, Esq ; be, and 
he is herel)y excused from any further service on said 
committee. September 20, 1782. 



Chapter 3. 

RESOLVE FOR REFERRING ALL PRIVATE BUSINESS TO THE 
NEXT SESSIONS OF THE GENERAL COURT, EXCEPTING SUCH 
BUSINESS OF A PRIVATE NATURE, AS SHALL REQUIRE 
IMMEDIATE ATTENTION. 

Whereas it appears to this Court, that much of the atten- 
tion of the General Court is frequently taken up in consid- 



Chajp. 2 



266 1782. — Septejvibee Session. 

ering petitions of a private nature, lohile the public business 
hath remained unfinished: Therefore, 

Resolved, That no petition concerning matters of a 
private nature, be acted upon by the General Court in 
their present session ; and that all private business now 
pending in the General Court, be referred to the next 
session, excepting only such petitions or private business 
as shall appear to this Court to require the immediate 
attention of the legislature. September 20, 1782. 



Chapter 3. 

ChaV» 3 RESOLVE REQUESTING THE GOVERNOR TO ISSUE HIS ORDERS 
^' TO THE MILITIA IN THE SEVERAL COUNTIES OF SUFFOLK, 

ESSEX, &c. TO HOLD THEMSELVES IN READINESS TO MARCH 
FOR THE DEFENCE OF THE FLEET IN THE HARBOUR OF 
BOSTOX, AND TO CAUSE THE FORTS AND GARRISONS IN 
AND ABOUT THE HARBOUR OF BOSTOX, TO BE PROPERLY 
MANNED, AND EMPOWERING HIS EXCELLENCY TO ORDER 
ANY PART OF THE MILITIA TO MARCH INTO THE NEIGH- 
BOURING STATES. 

WJiereas his Excellency the Governor has communicated 
to the legislature, a letter from his Excellency General 
Washington, and two other letters, which render it prob- 
able that the enemy have designs to make an incursion into 
this State, and an attack on the fleet of our Ally, in the 
harbour of Boston : Therefore, 

Resolved, That the Governor be requested to issue 
proper and necessary orders to cause the militia in the 
several counties of Suffolk, Essex, Middlesex, Bristol, 
Plymouth, Barnstable and Worcester, to be duly armed 
and accoutered, and to hold themselves in readiness to 
march at a moment's warning, to such places as he shall 
direct, with three days provisions, and that he be also 
requested to take especial care that the forts and garrisons 
in and about the harbour of Boston, be properly and 
timely manned, with such of the militia as may be neces- 
sary for their defence. 

Resolved, That the Governor be, and he is hereby au- 
thorized and empowered, if he shall find it necessary for the 
defence of this or either of the neighbouring States, to 
order any part of the militia to march into either of said 
States, and there do duty for a term not exceeding one 
month. September 20, 1782. 



1782. — September Session. 267 

Chapter 4. 

RESOLVE FOR HOLDING THE SUPREME JUDICIAL COURTS, THIS CllttV 4 
PRESENT YEAR, IN THE SEVERAL COUNTIES IN THIS COM- "^ ' 

MONWEALTH. 

WJtereas doubts have been made respecting the operation 
of an act jxissed in the month of Jul}' last, for establish- 
ing a Supreme Judicial Court ivithin the Commomcealth, 
tohether the time and place for holding the said Supreme 
Judicial Court in some of the counties in the Common- 
zcealth, is by lam appointed, and whether the Court therein 
established, can take cognizance of such matters and things 
as icere pending by appeal, continuance or otherwise, in 
the Supreme Judicial Court, before the same laiu ivas made 
and passed : 

It is therefore Resolved, That a Supreme Judicial Court 
shall be held and kept this present year, at the times and 
places hereafter mentioned, viz. 

For the county of Berkshire, at Great-Barrington, on 
the first Tuesda}' of October. 

For the county of Hampshire, at Springfield, on the 
second Tuesday of October. 

For the county of Worcester, at Worcester, on the third 
Tuesday of October. 

For the county of Middlesex, at Cambridge, on the last 
Tuesday of October. 

For the county of Essex, at Salem, on the first Tues- 
day of November. 

For the county of Bristol, at Taunton, on the second 
Wednesda}^ of November. 

For the county of Suffolk, at Boston, on the third Tues- 
daj' of November. 

And it is further Resolved, That all actions, suits, mat- 
ters or things, whatsoever, now pending, or that hereafter 
may be pending in the Supreme Judicial Court, in the 
respective counties aforesaid, by appeals, continuance or 
otherwise, shall have day, be taken up, heard and deter- 
mined, by the Justices of the said Supreme Judicial Court, 
at the times and places aforesaid, an}- law, usage or cus- 
tom, to the contrary notwithstanding: And all persons 
that are or shall be held, by way of recognizance or other- 
wise, to appear at the next Supreme Judicial Court in any 
of the counties aforesaid, since the last session of the 
Supreme Judicial Court in the same county, shall be, and 



268 1782. — September Sesstox. 

hereby are declared to be held liable to appear before the 
said Court, to be held at the time and place in the same 
county beforementioned : And the several Grand and 
Petit Jurors that have been already, or hereafter may be 
appointed by virtue of writs of venire facias, issued from 
the Clerk's office of the said Supreme Judicial Court, to 
serve thereat since the last session of the same Court in 
the same county, shall be held lialde to appear and serve 
at the said Supreme Court in the same count}", at the 
time and place before appointed, in the same way and 
manner as if regularly appointed to serve at the time in 
the same county above directed, except such Grand and 
Petit Jurors in the county o^ Worcester, who were appointed 
to serve at the Supreme Judicial Court in April last, who 
are hereby excused from attending in consequence of such 
appointment and notice. September 21, 1782. 



Chapter o. 

Chan ^ RESOLVE on the petition of the selectmen of coxhall, 

■i EXCUSING THE TOWN AND THE SELECTMEN THEREOF, FOR 

NOT PROCURING THE SOLDIERS SOONER, AND DIRECTING 
THE SHERIFF OF THE COUNTY OF YORK, TO RETURN THE 
EXECUTION FOR A DEFICIENCY. 

Wliereas it appears, that the resolve of the General 
Court, passed the 2(1 day of December, 1780, _/b?' raising 
soldiers for the Continental service, ivas not received in the 
to7vn of CoxhaU jjrevious to the issuing an execution against 
the selectmen of said town, on account of a neglect of duty 
required by said resolve; since lohich they have at great 
expence procured three good and effective men to serve three 
years, and delivered the same to one of the Continental 
Muster Masters, being the quota required of said toivn by 
said resolve; and have by their petition, for reasons therein 
set forth, prayed for an exemption from any fine or penalty 
for not furnishing said soldiers sooner : 

Therefore Resolved, That the prayer of said petition be 
granted, and that the said town, and the selectmen thereof, 
be, and hereby are excused and exempted from any line 
or penalty which they may have incurred for not procur- 
ing their said soldiers sooner ; and that the sheriff of the 
county of York be, and hereby is directed, to return the 
said execution issued in consequence of a deficiency of said 



1782. — September Sessio:n^. 269 

soldiers in said town, to the Treasurer of the Common- 
wealth, as satisfied in full, any law or resolve to the con- 
trary notwithstanding. September 23^ 1782. 

Chapter 6. 

RESOLVE ON THE PETITION OF AARON JEWETT OF LITTLETON, QJiari 6 
EMPOWERING HIM TO MAKE SALE OF THE REAL ESTATE -^' 

MENTIONED. 

On the petition o/" Aaron Jewett q/" Littleton, adminis- 
trator on the estate o/" John Park, lafe of Fitchburg, in the 
county of Worcester, deceased, intestate, praying for lib- 
erty to mahe sale of the real estate in his petition mentioned, 
for reasons therein set forth. • 

Resolved, That the prayer of said petitioner be granted, 
and that the petitioner be, and hereby is empowered, to 
make sale of the real estate in the petition mentioned, for 
the most the same will fetch, and make and execute a good 
and lawful deed or deeds to the purchaser or purchasers, 
he observing the rules and directions of the law for the 
sale of real estates by executors and administrators, first 
giving sufficient security to the Judge of Probate for the 
county of Worcester, that the proceeds of said sale shall 
be applied in manner following, viz. that the interest of 
one third part thereof be annually paid to the widow of 
the deceased, during her natural life, and the remainder 
of the other two thirds, if any be after the just debts are 
paid, and deducting the charges of settling said estate, be 
put on interest until the heirs arrive to lawful age, and 
then be paid to each of them respectively, as they shall so 
arrive, and the other third, after the decease of said widow, 
to be paid to said heirs in les^al proportion. 

September 23,1782. 

Chapter 7. 

RESOLVE ALLOWING SHUBAEL TAYLOR HALF-PAY AS A SOL- (JJidj) 'J 
DIER, AND DIRECTING THE COMMITTEE FOR SETTLING WITH ^ * 

THE ARMY, TO MAKE UP HIS PAY TO THE 15th OF MAT, 1780. 

Upon the representation q/" John Lucas, Commissary of 
Pensioners, in behalf of 'Shvih^e\ Taylor, a soldier in Col. 
Bradford's regiment, loho was disabled while in the service 
of the United States of America, in 1778 : 

Resolved, That Shiibael Taylor be allowed half-pay as 
a soldier, to commence the 15th day oi May, 1780. 



270 1782. — Septembek Session. 

It is further Resolved, That the committee for settling 
with the army, be, and the}^ are hereby directed, to make 
up the pay to the said Shubael Taylor, to the 15th day of 
May , 1780. September 23, 1 782 . 



Chapter 8. 

QJiav. 8 RESOLVE ON THE PETITION OF WILLIAM GREENWOOD, DIRECT- 
^ ' ING THE NAVAL-OFFICER FOR NEWBURY-PORT TO PERMIT 

HIM TO DEPART FOR NOVA SCOTIA, WITH SUCH NECESSA- 
RIES AS HE SHALL JUDGE PROPER. 

On the petition of William Greenwood, of Barrington, 
in the province q/"Nova Scotia : 

Resolved, That the Naval Officer for Newburyport be, 
and he hereby is directed, to permit the said William 
Greenwood to depart from the said port with his schooner, 
for said Barrington, and also to take on lioard said 
schooner the value of the fish brought in the said schooner, 
in such necessaries and articles as the said Naval Officer 
may think proper, for the use of the thirty-three poor 
families to whom it belonged, they being represented as 
great friends to the United States. Any expences the 
said Naval Officer has been at in the approved discharge of 
' his duty, to be paid by the said Greenwood. 

September 24, 1 782. 



Chap. 9 



Chapter 9. 

RESOLVE EMPOWERING THE TREASURER TO RECEIVE GOV- 
ERNMENT SECURITIES ON LOAN, WHICH WERE ISSUED BY 
THE LATE TREASURER GRAY, EXCEPTING THOSE GIVEN TO 
ABSENTEES. 

Whereas doubts have arisen whether the Treasurer is 
sufficiently empoivered by an act, intitled, " An act to 
emjjower the Treasurer to receive government securities on 
loan, to the amount of eight hundred thousand pounds," 
to receive those government securities on said loan, which 
were issued by the late Treasurer, Harrison Gray, Esquire: 
Therefore, 

Resolved, That the Treasurer be and he hereby is 
directed and impowered to receive all outstanding govern- 
ment securities on loan which were issued by the late 
Harrison Gray, Esq ; excepting those which were given 



1782. — September Session. 271 

<>Y negotiated to Absentees, on the same footing, as to 
interest and I)onnty, with other government securities 
which have been issued by the present Treasurer. 

September 24, 1782. 



Chapter 10. 

RESOLVE ON THE PETITION OF MARTHA OXNARD. 

On the petition of Martha Oxxvay A, praying for leave to 
go to her husband at Penolxscot : 

Resolved, That the prayer of the petition be granted, 
and that the said Martha Oxnard be and she is hereby 
permitted to go to Penobscot, by the way of a flag, as 
prayed for in the petition ; and that she have leave to take 
with her two servant maids, and such part of her house- 
hold goods as the selectmen of Falmouth shall admit of — 
not to remove from the said Penobscot to any other part 
of this Commonwealth without leave from the General 
Court. September 28,1782. 

Chapter 11. 

RESOLVE ON THE PETITION OF COL. WILLIAM SMITH. 

On the petition of Col. William ^m.\t\i, p)i'aying that he 
inay be released from the penalty of an agreement entered 
into with the Board of War, respecting the delivery of a 
certain quantity of flour : 

Resolved, That the committee for settling the Board of 
War's accounts be and they hereby are directed to settle 
and liquidate the account that now stands open between 
the said Board of War and Col. William Smith, without 
any reference being had to any forfeiture on the part of 
the said Col. Smith. September 25, 1782. 

Chapter 12. 



Chap. 10 



Chap. 11 



AND ASSESSED ON THE INHABITANTS OF THE COUNTY OF 
PLYMOUTH. 

WJiereas it appears by an estimate of the Justices of the 

Court of General Sessions of the peace for the County of 

Plymouth that the sum of four hundred and twenty pounds 

will be necessary for defraying the charges of the county 

for the present year 1782 : Therefore, 



Chap. 12 



272 1782. — September Session. 

Resolved, That there be and hereby is granted a tax of 
fom^ hundred and ticenty pounds, to be apportioned and 
assessed on the inhabitants of said county and estates lying 
within the same, and collected, paid and applied for the 
use of said county, according to the laws of this Common- 
wealth. September 26, 1782.- 



Chap. 13 



Chapter 13. 

RESOLVE INTITLING SAMUEL BRADISH TO ONE THIRD OF SOL- 
DIER'S WAGES FROM APRIL 4, 1779. 

Upon the repi'esentation of John Lucas, Commissm'ij of 
Pensioners, in behalf of Ssimnel Bradish, a soldier in Col. 
Doolittle's regiment, and in Capt. Abel Wilder's company, 
who ivas ivounded in his head on the heights of Charles- 
town, the nth of June 1775, by irhich he lost his left eye, 
and is thereby rendered incapable of supporting hiriiself : 

Resolved, That the said Samuel Bradish be intitled to 
one third part of soldier's wages from April 4th, 1779, at 
which time he was discharged, till further order of this 
Court or Congress. September 27, 1782. 

Chapter 14. 

Chan 14 Resolve impowering thomas ivers, esq; assistant treas- 

-^ URER, TO SIGN ALL GOVERNMENT SECURITIES AND RECEIPTS 

FOR MONIES, DURING THE PRESENT ILLNESS OF TREASURER 
GARDNER. 

W7ie7'eas the business of the Treasury must be greatly 
impeded by the present sickness of the T'reasurer, unless 
provision is made for signing notes, receipts, (&c. 

Resolved, That Thomas Ivers, Esq, Assistant Treasurer, 
be and he hereby is empowered and directed, in behalf 
of the Treasurer, to sign all government securities and 
receipts for monies which may be paid into the Treasury, 
during the present sickness of the Treasurer, which shall 
be considered as valid and eflectual, to all intents and pur- 
poses, as if signed by the Treasurer. 

September 27, 1782. 



Chap. 15 



Chapter 15. 

RESOLVE ON THE PETITION OF ELIZABETH BELCHER. 

On the petition q/" Elizabeth Belcher, 
Resolved, That said Elizabeth Belcher be and she hereby 
is permitted to go to JSfew York, in any cartel bound from 



1782. — September Session. 273 

this Commonwealth to that phice, for reasons set forth in 
her petition, not to return again without leave first obtained 
from the legislature of this Commonwealth, and also to 
take with her a servant girl and their personal appendages, 
and such effects only as may be necessary for their suit- 
able accommodation on their passage to England; and the 
Commissary of Prisoners is hereby directed carefully to 
inspect her and her effects, and to take especial care that 
no letters of intelligence be conveyed to the enemies of 
the United States by means hereof. Se^nemher 26, 1782. 

Chapter 16. 

RESOLVE FOR ADJOURNING THE SUPREME JUDICIAL COURT TO pl.^.^ 1 C 
BE HOLDEN AT GREAT BARRINGTON, TO THE FIRST TUESDAY ^'^^P' ^^ 
OF MAT NEXT. 

Whereas hy reason of sickness in the family of one of 
the Justices thereof, a quorum of the Honorable the Justices 
of the Supreme Judicial Court cannot attend at said Court 
to be holden at Great Barrington, in and for the County 
o/" Berkshire, on the first Tuesday of OciohQv next : There- 
fore, 

Resolved, That said Supreme Judicial Court to have 
been holden on the first Tuesday of October next be and 
hereby is adjourned to the first Tuesday of May next. 
And all processes shall then be returned, actions entered 
and parties have day in court, and the same proceedings 
shall then be had in all matters and causes, whether civil 
or criminal, as might have been if said court had been 
holden on the said first Tuesday of October. 

September 27,1782. 

Chapter 17. 

RESOLVE MAKING NULL AND VOID A RESOLVE ON THE PETI- (JJin^ V7 
TION OF WILLIAM PUTNAM AND OTHERS, A COMMITTEE FOR -i ' 

THE TOWN OF STERLING, PASSED THE '26th OF APRIL LAST. 

Whei'eas the General Court upon the petition o/" William 
Putnam and others, a committee for the tovm of Sterling, 
did by a resolve passed the 'IGth day of April last, confirm 
ai\d mcike valid to all intents and purposes an assessme?it 
of certain taxes therein mentioned, made by the assessors 
of Sterling on thepersons and lands of certain inhabitants of 
Shrewsbury therein described, and did also authorize and 



274 1782. — September Session. 

empower the constables or collectors of Sterling to collect 
the same, and it noic appearing to this Court that the said 
inhabitants of Shrewsbury ^vere not heard in ansicer to 
said petition, and that civil process was then, and noic is 
pending, by which the legality and equity of said assess- 
ment may be determined in a judicial court, which process 
the General Court had not then hmoicledge of : 

Be it therefore Resolved, that the said Resolve of 26th 
of April last be and the same hereby is repealed and made 
null and void, and of no force, validity or effect to any 
intent or purpose whatever. October 2, 1782. 



Chap. 18 



Chapter 18. 

RESOLVE ON THE PETITION OF MARCT FERGUSON. 

On the petition q/*Marcy Ferguson, loife of Adam Fer- 
guson, late of Newport in Rhode Island, praying for lib- 
erty to sell a certain piece of land lying in Dartmouth in 
this Commonwealth, j/^jr reasons therein mentioned. 

Whereas it appears to this Court that Adam Ferguson 
has for a long time been and still is loith the enemy in New 
York, u'hile his wife Marcy Ferguson remains u'ith tiva 
small children in said Newport, under very difficult cir- 
cumstances, and suffering for icant of necessary support: 
Therefore, 

Resolved, That Marcy Ferguson be and she is hereby 
impowered to make sale of the land mentioned in her peti- 
tion dated the 12th day of September, 1782, to make and 
execute a good and authentic deed or deeds to the pur- 
chaser or purchasers to all intents and purposes, she being 
a femme-covert notwithstanding. October 2, 1782. 

Chapter 19. 

Char) 19 resolve allowing daniel hicket half pay as a soldier, 

"' TO COMMENCE AUG. 25, 178L 

Upon the representation of John Lucas, Commissary of 
Pensioners, iii behalf of Daniel Hickey, a soldier in the 
service and pay of the States, in Col. Vose's regiment, 
who was 2vounded the 17th of February 1781, by which 
he has lost the use of his right arm. 

Resolved, That said Daniel Hickey be allowed half pay 
as a soldier, to commence August 25th, 1781, till other- 
ways ordered by this Court or Cono-ress. 

^ September 28, 1782. 



1782. — September Session. 275 



Chapter 20. 

RESOLVE ON THE PETITION OF AXDREW OLIVER, ESQ; 

On tJie pefi'tion o/* Andrew Oliver, Esq ; 

Resolved, That the agent on the estate of William Brat- 
tle, hite of Cambridge, in the county of Middlesex, Esq ; 
deceased, absentee, be and he is hereby authorized and 
directed to pay to Andrew Oliver, Esq ; of Salem, in the 
county of Essex, the sum o{ six hundred ninety nine j)Ounds 
four s/iillinc/s and two pence, as certiiied by the commis- 
sioners to the Judge of Prol)ate, December 1779, in specie, 
said sum being due from said Brattle to said Oliver, as 
api)eared to said commissioners by full and sufficient evi- 
dence, the said Oliver giving bond to the Judge of Probate 
for the county of Middlesex, to refund what may be his 
proportion, in case the estate of the said Brattle shall here- 
after appear to be insolvent. October 2, 1782. 

Chapter 21. 

RESOLVE ESTABLISHING THE TIME FOR HOLDING THE SUPREME 
JUDICIAL COURT AT TAUNTON,!^ THE COUNTY OF BRISTOL, 
ON THE SECOND TUESDAY OF NOVEMBER NEXT. 

Whereas by a resohition of the General Court 2:)ass\l 
the '2lst o/" September inst. the Suj^reme Judicial Court is 
to be held at Taunton, in the county of Bristol, on the sec- 
ond Wednesday of November next, ivhich time is found to 
be inconvenient and not to ansicer the purpose intended : 
Therefore, 

Resolved, That the said resolution which passed the 
General Court the 21st day of September instant, establish- 
ing the time for the sitting of the Supreme Judicial Court 
in the several counties of this Commonwealth, l)e and 
hereby is so far repealed and made null and void as 
res[)ects the sitting of the Supreme Judicial Court in the 
county of Bristol on the second Wednesday of JSfovember 
next. And it is further Resolved, That a Supreme eludi- 
cial Court shall be held at Taunton, in the county of Bris- 
tol, on the second Tuesday of JSTovemher next ; and that all 
actions, suits, matters or things whatsoever now pending, 
or that hereafter may be pending in said Court, shall have 
day, be taken up, heard and determined by the Justices 
of the said Supreme Judicial Court, at the time and place 
aforesaid. And all persons that are or shall be held by 



Chap. 20 



Chap. 21 



276 1782. — September Session. 

way of recognizance, or otherwise, to appear at the next 
Supreme Judicial Court in said county of Bristol, shall be 
and hereby are declared to l)e held liable to appear before 
said Court to be held at Taunton aforesaid on the second 
Tuesday of November next. September 28, 1782. 



Chap. 22 



Chapter 33. 

RESOLVE UPON THE PETITION OF WILLIAM WEST. 

Upon the petition of William West, praying that a flag 
may be granted for the purpose of going on board the Brit- 
ish ship Jupiter, now in this bay, in order to redeem his 
S07), noiv a j^i^isoner on board said ship : 

Resolved, That the governor be requested to commission 
a flag for the purpose aforesaid. September 28, 1782. 



Chapter 33. 



Chap. 23 



RESOLVE UPON THE PETITION OF A NUMBER OF INHABITANTS 
OF THE TOWN OF SALEM. 

Upon the petition of a number of inhabitants of the toivn 
of Ssdem, praying that they may be j^er^niitted, at their oum 
expence, to flt.out a flag to go to New York, for the pur- 
pose of redeeming a number of American oflicers and sea- 
men, now confined on board the Prison Ship there: 

Resolved, That the prayer of the petitioners be granted, 
and that the Governor be requested to commission a flag 
for the purpose aforesaid. September 28, 1782. 



Chapter 34. 

Chart. 24 k^esolve directing the committee for settling with 
^ ' the army to certify an additional SUM of thirty 

SHILLINGS per MONTH TO SURGEONS AND SURGEON'S 
MATES OF THE ARMY. 

Resolved, That the Committee for settling with the 
Army be and they hereby are directed to certify to the 
Governor and Council that, agreeable to a Resolve of 
Congress of Sept. 30, 1780, there was an additional sum 
of thirty shillings per month to the Surgeons and Sur- 
geon's Mates of the army, which was not included in the 
certificates made out to the Surgeons and Surgeon's Mates 
aforesaid. And the Governor, with advice of Council, is 



1782. — September Session. 277 

requested to give u warrant on the Treasurer of this Com- 
monwealtli for the additional sum of thirty sltillings per 
month, for three months, to the Surgeons and Surgeon's- 
mates as aforesaid . And the Treasurer aforesaid is directed 
to pay the said additional pay of tliirty shilUngs per month, 
for the said three months, out of the next State tax. 

Sejjtember 30, 17S2. 

Chapter 35. 

RESOLVE ON THE PETITION OF JOHN AVERY, JUN. RESPECT- (JhaiJ 25 
ING FOUR NOTES HE RECEIVED OF JOHX FESSENDEX, ESQ; ^ * 

ONE OF THE COMMITTEE FOR SELLING ABSENTEES ESTATES 
IN THE COUNTY OF WORCESTER. 

On f/te petition o/*John Avery, Jim. Esq ; 

liesolved, That the four notes, to the amount of eight 
Jinndred ticenty-nine j^ounds ten shillings, delivered into 
the Secretary's office by Joh7i Fessenden, Esq ; one of the 
committee for selling absentees estates in the county of 
Worcester, which he received of JonatJian Warner, Esq ; 
acrreeable to a resolution of November 2, 1781, in discharo;e 
of a mortgao-e of said Jonathan's, be delivered to the Treas- 
urer of this Commonwealth, who is hereby directed to 
charge himself therefor, and credit the said John Fessen- 
den, Esq ; and committee as aforesaid, for the same ; and 
the Treasurer is further directed to deliver said notes into 
the hands of the* committee appointed to deface the gov- 
ernment securities, agreeable to a Resolve of the General 
Court for that purpose. 

Resolved, That the committee for examining and set- 
tling the Treasurer's accounts be and they are hereby 
directed to charge the aforesaid eight hundred tiuenty nine 
jwunds ten shillings to the Treasurer of this Common- 
wealth. . October 1, 1782. 



Chapter 26. 

RESOLVE ON THE PETITION OF JOSEPH TITCOMB. 

On the petition of Josepii Titcomb, praying that the 
copjy of the last luill and testament of his late father, John 
Titcomb, may he ratified, it loas ordered by the whole Court 
on June btli 1782, that the said p)€titioner serve Samuel 
Titcomb, mentioned in said copy, and all others concer)ied. 



Chap. 26 



278 1782. — September Session. 

icitJi an attested copy of said jietition, and of the copy 
therein mentioned, as also of this ordei\ fourteen days 
before the first day of the next session of this Court, and 
notify them to appear on the second Wednesday of the same 
session, to sheir cause, if any they have, u-hy tJie jirayer of 
said petition should not be granted. The fiaid Joseph Tit- 
coDib having returned from the proper officer an attestation, 
that the said Samuel Titcorab, brother of the said Joseph, 
Jeremiah Pearson, brother in law, Closes Rogers and 
his u'ife, sister of the said Joseph, have been duly noti- 
fied, according to the above order of the General Court, 
and been served icith the several papers therein mentioned, 
and all within the time mentioned: the said Joseph Tit- 
comb having also attended at the time assigned the parties, 
and produced a certificate from the aforesaid Samuel Tit- 
comb, Jeremiah Pearson, and Moses Kogers, imjwrting 
that they have no objections against the copy of a ivill said 
to be John Titcomb's, presented by Joseph Titcomb, as 
set forth in his petition to be ratified as his last irill and 
testament, which certificate icas attested by the said Samuel 
Titcomb, Jeremiah Pearson, and Moses Rogers, on oath, 
before Theophilus Parsons, justice of the peace, and no 
persons apfpearing on the day set for the parties to cdtend 
except the said Joseph Titcomb : 

Resolved, That the copy of the will presented b}' the 
said Joseph Titcomb as oF the last will and testament of 
John Titcomb, deceased, be allowed and ratified, and that 
the tTudge of Probate for the county of Essex be and he 
herel\v is directed to have the said copy registered in the 
registry of Probate for said county, and that the said copy 
be allowed as valid as though it was the original, and that 
proceedings be allowed and had thereon accordingly. 

October 1, 1782. 



Chap. 27 



Chapter 37. 

RESOLVE HIGHLY APPROVING OF THE PROCEEDINGS OF THE 
COMMITTEE APPOINTED TO REPAIR TO THE COUNTY OF 
HAMPSHIBE, AND DIRECTING SAID COMMITTEE TO EXHIBIT 
THEIR ACCOUNTS FOR EXAMINATION AND ALLOWANCE. 

The committee appointed to consider the report of the 
committee appointed to repair to the county of Hampshire, 
to enquire into the grounds of dissatisfaction there, correct 
misinformation, and endeavour the removal of groundless 



1782. — September Session. 279 

jeciloii}<!es, Jiave attended that service, and beg leave to report 
the foU owing resolves : 

Resolved, That this Court highly approve of the pro- 
ceedinirs of that Committee for their indefatigable and 
successful endeavours in so great a degree quieting the 
disturbances that had arisen in said county. 

And it is further Resolved, that said Committee exhibit 
their accounts for that service that the same may be 
examined and allowed. October 2, 1782. 



Chap. 28 



Chapter 28. 

RESOLVE ON THE PETITION OF WATERMAN THOMAS. 

On the petition of W'dtermiin Thomas, praj/iyig that he 
onay he enabled to discharge one certain obligation given by 
him and Briggs Thomas to Nathan Mitchel, one of the 
committee for the sale of estates of absentees in the county 
of Plymouth, ivitJt bills which were of public credit when 
said debt became due, agreeably to the said obligation, and 
for the recovery of which an action is now pending in the 
Court of Common Pleas in the said county of Plymouth, 
for reasons mentioned in said petition. 

Resolved, That the said j^athan Mitchel be and he is 
hereby directed to receive of the said Briggs and Water- 
man continental bills which w^ere bills of public credit 
when the said debt l^ecame due, at the value they were 
then established by the law of this Commonwealth, agree- 
ably to his express agreement, and in full satisfaction for 
said obligation, and become nonsuit in said action, and 
the Justices of the said Court are hereby directed to con- 
duct accordingly. 

And it is further Resolved, That the Treasurer of this 
Commonwealth be and hereby is directed to receive of the 
said Nathan the said bills, and credit him therefor in the 
same manner as if they had been paid when they became 
due. ^ Octoher 2,1782. 

Chapter 29. 

RESOLVE ON THE PETITION OF MICHAEL HUMBLE, PERMITTING nj^fj^t 29 
HIM TO DISPOSE OF CERTAIN ARTICLES. y^^ltup. ^V 

On tJie p)^tition of Michael Humble: 
Resolved. That the pra3'er of the petitioner be granted, 
and that he have liberty under the inspection of the naval 



280 1782. — September Session. 

officer for the port of Boston to dispose of cordage and 
slops to the amount of tJiree hundred j)ounds sterling to 
the continental agent, for the use of the public. 

Octobers, 17S2. 

Chapter 30. 

Chap. 30 RESOLVE ON the petition of zebedee sprout, agent on 

^ ' the estates of peter OLIVER, SEN. AND PETER OLIVER 

JUN. ABSENTEES, APPOINTING A COMMITTEE TO ENQUIRE 
INTO SAID AGENT'S CONDUCT. 

On the petition of Zebedee Sprout, agent on the estates 
of Peter Oliver, sen. and Peter Oliver, jun. absentees : 

Resolved, That Samuel JSTiles, Hugh Orr and Elijah 
Dunbar, Esq'rs, be a committee to repair to Middle- 
borough as soon as may be, and there enquire into the 
manner of said agent's conducting the business of his 
agency, and of the probability there was of his being 
ignorant of the Resolves of this Court directing agents on 
absentees estates when and where to pay the money they 
received belonging to said estates, and report as soon as 
may be, at the expence of said petitioner. 

October 2,1782. 



Ghai^, 31 



Chapter 31. 

RESOLVE DIRECTING THE COMMISSARY GENERAL TO PAY JOHN 
PREBBLE, CAPTAIN OF A COMPANY OF INDIANS, £.49, IN 
MONEY OR PROVISIONS, BEING FOR BACK RATIONS. 

Resolved, That the Commissary-General of this Com- 
monwealth be directed to pay John Prebble, Captain of a 
company of Indians in the eastern department, under Col. 
John Allen, £.49, in money or provisions, being for 1470 
back rations, due to him from the 20th of January 1781 
to the inth of August 1782, at eight pence per ration, and 
charge the same to the United States. October 4, 1782. 

Chapter 33. 

Chr/n S2 ^ GRANT OF £.50, TO WILLIAM BAKER, MESSENGER OF THE 
^ "-Jf GENERAL COURT, FOR ONE QUARTER'S SERVICE, AND DIRECT- 

ING THE AGENT TO SUPPLY HIM WITH A PIECE OF LINEN. 

On the j^etition of William Baker, Messenger to the 
General Court : 

Resolved, That there be paid to William Baker, out of 



1782. — September Session. 281 

the Treasury of this Commonwefilth fifty j)Ounds, for one 
quarter's service, ending the 25th o^ August last: 

Also ResolvecU That the Honorable Caleb Davis, Esq ; 
agent for this Commonwealth be directed to supply him 
the said Bal'er with a piece of linen suitable for shirts, in 
consideration of his extra services. Octobers, 1782. 

Chapter 33. 

RESOLVE ON THE PETITION OF THE REV. PHINEHAS WHIT- Qhai?. 33 
XEr AND ZABDIEL ADAMS, GUARDIANS TO TPIE HEIRS OF ^ ' 

TEMPERANCE GORDON'S ESTATE. 

On the petition of the Bev. Phinehas Whitney and 
Zabdiel Adams, guardians to the minors that are heirs 
to the estate of Temperance Gordon, late of Dunstable, 
deceased, jjr ay ing that the Judge of Probate may be impow- 
ered to order distribution to be made of said estate, for 
reasons set forth in said petition : 

Resolved, That the prayer of the petition l)e granted, 
and the Judge of Prol)ate for the county of Middlesex be 
and he is hereb^^ empowered, as soon as may be, to dis- 
tril)ute the estate of Temperance Gordon, late, of Dun- 
stable, deceased, in such proportion as will comport with 
the last will and testament of the testatrix, the youngest 
child not having arrived to twent}^ one years of age not- 
withstanding. October 4, 1782. 



Chapter 34. 

RESOLVE FOR DISCONTINUING THE OFFICE OF AGENT, COM- (Jhaqj 34 
MITTEE ON ACCOUNTS, COMMITTEE ON THE PAY ROLLS OF -^' 

THE MILITIA, REDUCING THE COMMITTEE FOR SETTLING 
WITH THE ARMY, AND DIRECTING THE COMMITTEE FOR 
METHODIZING ACCOUNTS TO CALL UPON THE COMMITTEE 
OF SEQUESTRATION FOR THE SETTLEMENT OF THEIR 
ACCOUNTS. 

Resolved, That the office of Agent of this Common- 
wealth, be from and after the first day of January 1783 
discontinued, and that such part of the business of the 
said agent, as relates to the building and equipping such 
armed or other vessels as have from time to time by the 
General Court been ordered to be built or equipt. The 
receiving and disposing of all prize and other goods, &c. 
that may arrive, being the property of this Commonwealth. 



282 1782. — September Session. 

The providing workmen and materials for the lalwratory. 
Cloathing the troops in tlie service and pay of this Com- 
monwealth. Providing military stores and other articles 
for the castle and other forts, agreeable to order from the 
General Court or the Governor, and providing and keeping 
in order the boats for the hospital, devolve on the Com- 
missary General of this Commonwealth, who is hereby 
directed to attend to the same. 

And that Caleb Davis, Esq ; Agent for this Common- 
wealth, be and hereby is directed on the first day of Jan- 
uary 1783 to deliver the books of the late Board of War 
to the Committee for stating and methodizing the public 
accounts ; and the said Committee are directed as soon as 
may be to adjust the same, and make return of the bal- 
lances thereon to the Treasurer of this Commonwealth ; 
and the said Treasurer is hereby directed to commence 
processes in law against such persons as shall appear to 
be indebted to the Commonwealth on the said accounts 
and refuse or neglect to make payment. 

Resolved, That the Committee, called the Committee on 
Accounts, from and after the first day of January 1783 be 
discontinued. 

Resolved, That the Committee for settling with the 
Army be reduced to a single person, with the assistance 
of a clerk of such person to be chosen by joint ballot of 
both houses. 

Resolved, That the Committee for methodizing and stat- 
ing the public accounts lie and hereby are impovvered and 
directed to call upon the Committee of Sequestration for 
the settlement of their accounts ; and if the said Committee 
of Sequestration shall neglect or refuse to adjust the same, 
the Committee for methodizing and stating public accounts 
are hereby directed, on the first day of January next, to 
deliver the accounts of the said Committee of Sequestra- 
tion to the Treasurer of this Commonwealth, and the Treas- 
urer is hereby directed foj'thwith to deliver the same into 
the hands of the Attorney General of this Commonwealth, 
who is hereby directed immediately to commence a legal 
process thereon. And that such sums as may be recov- 
ered be paid into the hands of the Treasurer, duplicate 
receipts to be taken therefor, one of which to be lodged 
in the Secretary's office, and be truly reserved as a fund 
for and applied to the payment of the interest due or that 
may become due on consolidated securities. 



1782. — Septp:mber Session. 283 

Resolved, That the Committee on the Pay-rolls of the 
militia and state troops be discontinued after the first 
day of January 17«3, and that pay rolls in future, be 
returned to the office of the Secretary of this Common- 
wealth, to be laid before the Governor and Council for 
careful examination and payment. 

Resolved, That the Governor and Council be and hereby 
are requested, from time to time, at the opening of the 
sessions, to acquaint the General Court, by laying before 
the two houses se[)arately an account of past expenditures 
of government, how far the provisions made may have 
been adequate to the purposes intended ; and in like 
manner to lay before the two houses an estimate of fur- 
ther charges that may be necessary, that the General 
Court may, without loss of time (if they shall think 
proper) proceed to make seasonable provision for them. 

October 21, 1782. 

Chapter 35. 

RESOLVE ON THE PETITION OF MART FOSTER. Ckcip. 35 

On the petition o/'Mary Foster : 

Resolved, That Mari/ Foster be and she is hereby per- 
mitted to go to New York in the next cartel, for reasons 
set forth in her petition ; and the Naval Officer of the Port 
of Boston is hereliy directed to take efiectual care that 
she do not carry any letters of intelligence, or any articles 
more than are necessary for her voyage. And that she be 
not permitted to return again without leave first obtained 
of the General Court. October 5, 1782. 

Chapter 36. 



DIRECTING IN WHAT MANNER EXECUTIONS NOW QJiQjn^ 36 
'OR THAT MAY HEREAFTER ISSUE AGAINST THE ^' 



RESOLVE 
ISSUED 

CONSTABLES AND COLLECTORS OF THE SEVERAL TOWNS 
IN THIS COMMONWEALTH, ON THE TAX OF THREE HUX- 
DRED AXD THREE THOUSAND POUNDS, GRANTED IN 
OCTOBER LAST, MAY BE SATISFIED IN CERTAIN CASES. 

Whereas said tax is in part appropriated to satisfij 
various demands of the subjects of this Commonwealth, 
and executions have been and are ordered to i^sue against 
the several delinquent constables and collectors for bringing 
in of said tax, and ivhereas it can serve no good purpose 



284 1782. — September Session. 

of government to compel such persons to pay in their p>ro- 
portions of said tax as have demands up)on this Common- 
wealth for the discharge and satisfaction whereof said tax 
is ap)propriat€d : Therefore, 

liesolved, That the Treasurer of this Commonwealth be 
and he is hereby directed and impowered, in all cases 
where executions have issued or may issue for levying the 
monies due on said tax, to give to any person to whom 
an}^ monies are due and payable by appropriation out of 
the same tax, receipt or receipts on said constables and 
collectors, in the same manner and in all such cases as he was 
impowered and directed to do Ijefore said executions did 
or were ordered to issue, and said constables and collec- 
tors shall receive and allow them accordingly, and the 
sheriifs of the several Counties of this Commonwealth who 
have or shall have executions on said tax, to levy the 
monies due thereon, shall receive of their respective con- 
stables and collectors said receipts in satisfaction thereof, 
if offered instead of money, which receipts shall be received 
into the Treasury of this Commonwealth and allowed in 
the same manner as if said receipts had been given before 
said executions issued. October 3, 1782. 

Chapter 37. 

Char) 37 i^esolve fixing the value of notes given to the offi- 

-^' CERS AND SOLDIERS OF THE ARMY FOR THE DEPRECIA- 

TION OF THEIR WAGES, AND DIRECTING THE TREASURER 
TO OBSERVE SAID RULE IN CONSOLIDATING SAID NOTES. 

The committee of both Houses appointed to fix the value 
of notes given to the officers and soldiers of the army for 
the depreciation of their wages, in order for their being 
consolidated, report the following estimate, viz. 

The Notes payable in March 1783, at ld\ for 20s. 
ditto payal)le in March 1784, at Id. 
ditto payaljle in March 1785, at Qd\ 
ditto payable in March 1786, at 6cZ. 
ditto payable in March 1787, at bd\ 
and ditto payable in MarcJi 1788, at bd\ 

Read and accepted, and thereupon Ordered, That the 
Treasurer be and he hereby is directed to observe the fore- 
going rules in consolidating the notes above-mentioned, 
when presented for that purpose ; but he is not to allow any 
bounty on such' consolidated notes. Octoher 8, 1782. 



1782. — September Session. 285 



Chapter 38. 

RESOLVE PREVENTING FLAGS OF TRUCE NOW IN THE HAR- 
BOUR OF BOSTOy FROM SAILING 'TILL FURTHER ORDER. 

Whereas the cartel ship commanded by Oapt. Humble 
has for a considerable time past been lying in the harbour 
o/" Boston, and from her station the people belonging to her 
have Jiad full opportunity of observing the number, force 
and circumstances of the fleet binder the command of the 
Marquis de Vaudreuil. And it ajypears that the said car- 
tel, on Iter leaving port, is to proceed directly to New York : 
And whereas the said Gapt. Humble, from his residence 
in the toivn of Boston, icill be enabled, on his arrival at 
New York, to give particular and minute information to 
the commander of his Britannic Majesty's fleet there, respect- 
ing the squadron of his most Christian Majesty, now lying 
in the harbour o/" Boston : 

Resolved, That neither Capt. Michael Humble nor any 
other commander of a Hag of truce, now lying in the harbour 
oi Boston, be permitted to depart without leave first had and 
obtained from the General Court, or in the recess from 
the Governor and Council of this Commonwealth. 

October 10, 1782. 

Chapter 39. 

RESOLVE PREVENTING THE ENEMY FROM BEING SUPPLIED 
WITH PROVISIONS FROM THE SHORES ON THE SOUTH PART 
OF THIS COMMONWEALTH. 

WJtereas it appears to this Court that there is danger of 
the enemy's being suppilied ivitJi fresh provisions from the 
shores on the south part of this Commonivecdth and the 
Elizabeth Islands, unless measures are tal-en to prevent the 
same : 

Therefore, Resolved, That the selectmen and militia offi- 
cer in th6 several towns of Dighton, Swanzey, llehoboth, 
Freetown and Dartmouth in the county of Bristol, Roches- 
ter and Wareham in the county of Plymouth, Sandwich, 
Fcdmouth, Barnstable and Chatham in the county oi Barn- 
stable, be and they hereby are respectively directed to 
examine the shores in their respective towns and vessels 
in their harbours, and on finding any cattle or sheep, which 
from their local situation or other apparent circumstances 
are likely to fall into the hands of the enemy, that they 
order the owner or owners of such stock, their agents, or 



Cliap, 38 



Chap, 39 



286 1782. — September Session. 

some person who acts under them, to drive the same imme- 
diately to such place or places of safety as the selectmen 
of the same town shall direct, and on any such person's 
refusing to comply with said order, the said selectmen are 
hereby required and impowered to drive or cause such stock 
to be driven to some place of safety, and there to be 
advertised for sale, and after proper notice given to be 
sold at public vendue, they taking an account of the 
marks, natural or artificial, of such stock, and what they 
fetch at such sale, and after deducting all necessary charges 
that arise in consequence of such sale, to pay the remain- 
der to the owner or owners, on making their demands and 
proving their property in such flock ; and when the owner 
or owners of such stock are unknown or cannot speedily 
be found, the selectmen in the same town are hereby 
directed to proceed in the same way as in case of the 
owners refusing to remove their stock. 

And it is further Resolved, That Col. Manasseh Kemp- 
ton, with the selectmen of the town of Dartmouth, be and 
they hereby are directed to repair immediately, bv them- 
selves or such persons as they can confide in, to the Eliza- 
beth Islands, and examine the stock on those islands, and 
on finding more there than is necessary for the inhabitants 
of those islands, and of such a quality as may be servicea- 
ble to the enemy, to cause the same, as soon as possible, 
to be removed off said islands to the main ; and on the 
owners appearing and making proof of their property in 
such stock, they may have the same again, on paying the 
expence of such removal, and such stock as no owner shall 
appear to claim within twenty four hours after their arrival 
to the main shall be sold at public vendue, the same direc- 
tions to be observed in the sale as is directed in the former 
part of this Resolve. And the Secretary is hereby directed 
to send copies of these Resolves to the several towns afore- 
mentioned immediately by express. October 9, 1782. 

Chapter 40. 

ChaV. 40 RESOLVE on the memorial of ISAAC SNOW. 

On the memorial o/" Isaac Snow : 

Resolved, That the town of HarpsiveU be abated Jive 
shillings in the thousand pounds of the last valuation, and 
that the same be laid on a plantation called West Bow- 
doinham, in the county oi Lincoln. October 9, 1782. 



1782. — September Session. 287 

Chapter 41. 

RESOLVE DIRECTING THE SECRETARY TO NOTIFY THOMAS QJiq^ 4| 
IVERS, ESQ; OF HIS ELECTION AS TREASURER OF THIS ^ ' 

COMMONWEALTH. 

Whereas Thomas Ivers, J^sq; hath this day been chosen 
Treasurer and Receiver General of this Commomcealth, 
in the room of the Honourable Henry Gtirdner, Usq; late 
Treasurer, deceased^ by joint ballot of the Senators and 
Representatives, in one room, agreeable to the Constitu- 
tion : 

Resolved, That the Secretary be directed to give the 
said Thomas Ivers, Esq ; immediate notice of the said 
choice. October 10, 1782. 

Chapter 43. 

RESOLVE ALLOWING THE ACCOUNTS OF THE TREASURER OF (Jkai)' 42 
THE COUNTY OF MIDDLESEX. ^ ' 

Wlieveas it appears, ujjon examination of the accounts 
of the Treasurer of the county of Middlesex, that all the 
monies granted and alloived by the Court of General Ses- 
sions of the Peace for said county , for the year 1782, tvere 
for such jnirposes and approjjriations as the laiv imjjowers 
said Court to grant: 

Therefore, Resolved, That the said accounts be allowed. 

October 3, 1 782. 



Chapter 43. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE 
TOWN OF FRYBURGH, DIRECTING THE COMMITTEE ON 
MUSTER ROLLS AND ACCOUNTS TO EXAMINE THE ROLLS 
.AND 'accounts MENTIONED. 

On the petition of the selectmen of the totcn o/Fryburgh, 
for services and disbursements for the defence of the Com- 
momvealth : 

Resolved, That the Committee on Muster Rolls and 
Accounts be and hereby are directed to examine the rolls 
and accounts mentioned in said petition, and allow what 
may ])e found justly due thereon. October 10, 1782. 



Chap. 43 



288 1782. — September Session. 



Chapter 44. 

Chap. 44 RESOLVE ON THE MEMORIAL OF BERIAH XORTON, PERMIT- 
TING HIM TO GO TO NEW YORK. 

Upon the memorial o/Beriah Norton : 

Besolved, That BeriaJi Norton, Esq ; of the Ishind of 
Martha's ' Vineyard, be and he hereby is permitted to go 
to j^ew York in any vessel he shall think proper, for the 
reasons set forth in his memorial, and to return to this 
Commonwealth, and bring with him, to and for the sole 
use of the inhabitants of the said Island o? 3Iartha''s Vine- 
yard, the sum of four thousand nine hundred and twenty 
three pounds , sterling money of Great Britain, in gold or 
silver coin, which remains due to the inhabitants of said 
Martha's Vineyard, for cattle, sheep and forage taken 
from them by Greneral Gray, for the use of the British 
forces, or the one third part of said sum in goods, wares 
and merchandize. 

Provided nevertheless. That the said JVorton first give 
bond with sufficient sureties, in the sum of ten thousand 
pounds, to the Treasurer or his Assistant of this Common- 
wealth for the sole use of the said Commonwealth, for his 
the said JSforton's strict compliance with this Resolve. 

And be it further Resolved, That the said JSForton shall 
not carry any of the produce of this Commonwealth, or 
any of the produce of the United States oi. America, or 
any goods, wares or merchandize, to said Neio York, 
or to any of the territories of the King of Great Britain, 
or to any port or place in possession of the King of Great 
Britain (necessaries for the voyage only excepted) neither 
shall he carry to any place in possession of the enemy 
moYQ thviw forty pounds specie, in sterling money of Great 
Britain. 

And be it further Resolved, That the said JSTorton shall 
return from the said Island or port oi JSfeiv York directly 
to the port of Dartmouth in this Commonwealth, and shall 
there enter his vessel and the wdiole cargo on board her, 
or such other vessel or boat as he shall return in, with the 
Naval Officer of that port ; and said vessel and cargo shall 
be liable to the inspection of said Naval Officer, previous 
to such entry ; and the said vessel in which the said Nor- 
ton shall so return shall not touch at any port or place 



1782. — SEPTEMBEii Sessio:n'. 289 

until her arrival in the said port of Dartmouth, and shall 
not, on her passage thence, nor until the said Naval Offi- 
cer hath inspected her and her cargo, as aforesaid, upon 
her arrival in said port of Dartmouth, break bulk or land 
any goods, wares or merchandize, without being liable to 
confiscation, and all on board her, together with all such 
goods, wares and merchandizes so landed or otherways 
removed out of her, either by land or water. 

And be it further Resolved, That the said Naval Ofiicer 
for the said port of Dartmouth is hereby impowered and 
directed to take the said bond mentioned in the foregoing 
Resolve, in the name of the Treasurer or his Assistant of 
this Commonwealth, for the sole use of said Common- 
wealth, conditioned for the strict observance of this Resolve 
and every article and clause therein mentioned. 

October 12,1782. 



Chapter 45. 

RESOLVE PREVENTING PRISONERS COMING ON SHORE FROM CkaV. 4:5 
ON BOARD PRISON SHIPS. ■^' 

Resolved, That no prisoner be permitted to go on shore 
from on board the guard or prison ship, or any other 
vessel in the harbour of Boston, without leave first had 
and obtained from the Governor and Council. 

October 11,1782. 



Chapter 46. 

RESOLVE DIRECTING THE' TREASURER TO GIVE BOND AND TO (JJin^ AQ 
TAKE THE OATHS PRESCRIBED BY THE CONSTITUTION, ^* 

Resolved, That Thomas Ivers, Esq ; lately elected 
Treasurer and Receiver General of this Commonwealth, 
shall not be esteemed duly qualified to enter upon the 
execution of that oSice until he shall first have the oaths 
prescribed by the Constitution of this Commonwealth 
administered to him, for his faithful performance of his 
said Trust, nor until he shall have given bond, with suffi- 
cient sureties to the acceptance of a Committee appointed 
by this Court for that purpose, in the sum of thirty thou- 
sand pounds, to the eldest Councillor, the President of 
the Senate and Speaker of the House of Representatives 



290 1782. — September Sessiox. 

of this ConiDion wealth, for the time ])eing, who are hereb}'- 
appointed a Committee in behalf of this Commonwealth, 
and especially authorized for this purpose ; which bond 
shall be conditioned for such Treasurer's truly and faith- 
fully discharging the duty of his trust according to law, 
and for his rendering an account, when and so often as 
he shall be required by the General Court, of all such 
sum or sums of money as he shall from time to time 
receive into the Treasury, and for his well and truly 
paying to his successors in said office, or to any other 
person that may be appointed by the General Court to 
receive the same, all such sum or sums of money as upon 
such settlement of his said accounts, or otherwise, shall 
be found due and payable from him to this Common- 
wealth. 

Provided, That the said bond be put in suit within three 
years next after the date hereof, otherwise to be void and 
of none effect ; and that William Sever, Esq ; jSIr. P/u'llqys 
and Mr. Roire be a committee to judge of the sufficiency 
of such as may offer to become sureties as aforesaid. 

October 12, 1782. 



Chapter 47. 

Char) 4.7 resolve on the petition of benjamin redington, in 

^ ■ BEHALF OF THE PROPRIETORS OF THE TOWN OF LUNEN- 

BURG. 

On the petition of Benjamin Redington, in behalf of the 
jjvoprietors of the town of Lunenburg, shelving that John 
Taylor, £sq : late q/" Douglas, obtained a judgment against 
Joshua ]Martin, at an inferiour Court of Common Pleas 
held at Worcester, in the County of Worcester, in the last 
December term, and prai/iiig that the same may be reversed 
and the said Joshua Martin have an opportunity of a hear- 
ing in lav: : 

Resolved, That the petitioner serve Jolni Taylor, Esq; 
with an attested cop}^ of the said petition and this order 
thereon, ten days at least before the next session of this 
Court, that he may appear on the second Wednesday of 
the next sitting of this Court, to shew cause, if any he 
has, why the prayer of the petition should not be granted, 
and that execution be stayed in the mean time. 

October 12, 1782. 



1782. — September Session. 291 



Chapter 48. 

R SETTLING WITH Qkap. 48 
WARD, ESQ; LATE "^ 



RESOLVE DIRECTING THE COMMITTEE FOR 
THE ARMY TO SETTLE WITH JOSEPH 
COMMISSARY-GENERAL OF MUSTERS. 

On the petition q/" Joseph AA^ard, Esq; 

Resolved, That the Committee for settling with the 
Army be and they are hereby directed to settle with 
Joseph Ward, Esq ; late Commissary General of Musters, 
as they have with the officers of the Massachusetts line of 
the army, the liallance which shall appear to l)e due to 
him to be charged to the United States. 

October 12, 1782. 

Chapter 49. 

RESOLVE DIRECTING THE TREASURER NOT TO RECEIVE CER- Chai) 49 
TIFICATES ISSUED FROM THE QUARTER-MASTER'S GENERAL ^ ' 

DEPARTMENT UNTIL FURTHER ORDERS. 

Whereas by an Act of the General Court passed Feb- 
ruary 17, 1781, the Treasurer ivas directed to receive 
certificates issued from the Quarter-Master's General de- 
partrnent, and give a loan note in exchange for such cer- 
tificates : And whereas the present state of the Treasury is 
such that it is found inconvenient for the Treasurer to 
receive any more of said certificates : 

Resolved, That the Treasurer be directed not to proceed 
any further in receiving and loaning said certificates, until 
further orders of this Court. " October 12, 1782. 



Chapter 50. 

RESOLVE DIRECTING THE TREASURER AND THE SEVERAL 
COMMITTEES TO PREPARE ACCURATE ACCOUNTS OF ALL 
PAYMENTS MADE OR SUPPLIES FURNISHED BY THIS COM- 
MONWEALTH TO THE OFFICERS AND SOLDIERS OF THE 
ARMY SINCE THE FIRST DAY OF JANUARY ll^l, EXCEPTING 
FOR SERVICES IN THE YEAR 1780, AND NOT TO MAKE ANY 
FURTHER PAYMENTS. 

Wliereas it is necessary that accounts he transmitted to 
the Continental Paymaster .General of what payments 
have been advanced to the officers and soldiers of the 
army, in order to prevent a double credit for the same 
sums: Therefore, 

Resolved, That the Treasurer of this Commonwealth, 
and the several Committees whose business it is, be and 



Chap, m 



292 1782. — September Session. 

they hereby are directed to prepare accurate accounts of 
all payments made or supplies furnished by this Common- 
wealth to the officers and soldiers of the army since the 
first day of January 1781, excepting such as were made 
for services performed in the year 1780, and lodge the 
same in the Secretary's office ; and the Secretary is hereby 
directed to transmit the said accounts as speedily as pos- 
sible to the Paymaster General aforesaid. 

Resolved further. That the Treasurer aforesaid and all 
Committees be and they hereby are directed to make no 
further payments to the aforesaid officers or soldiers, on 
account of services rendered since the commencement of 
the current year, without special order therefor from this 
Court. October 12,1782. 

Chapter 51. 

GhaV 51 I^ESOLVE PERMITTING THE SEVERAL NAVAL-OFFICERS OF THIS 
^ ' COMMONWEALTH, OR THEIR DEPUTIES, TO GO ON BOARD 

CARTELS. 

Resolved, That the several Naval-Officers of this Com- 
monwealth, or their Deputies, be permitted to go on 
board any cartel or flag of truce that may arrive in any 
harbour within this state, without special permit from 
the Governor, the Resolve of the General Court of the 
eighth day of May last notwithstandino-. 

^Octoher 14, 1782. 



Chapter 53.^ 



Chap 



53 RESOLVE ON THE PETITION OF JONATHAN BOWMAN, ESQ; 
IMPOWERING THE JUSTICES OF THE COURT OF GENERAL 
SESSIONS OF THE PEACE FOR THE COUNTY OF LINCOLN 
TO ASSESS £.500 ON THE POLLS AND ESTATES OF THE 
INHABITANTS OF SAID COUNTY. 

On the petition o/" Jonathan Bowman, Esq; Clerk of 
the Court of General jSessions of the Peace for the County 
o/ Lincoln, on behalf of the said Court: 

Resolved, That the prayer of the said petition be 
granted, and that the Justices of the said Court be and 
they hereby are impowered to assess upon the polls and 
estates of the inhal^itants of the said County the sum of 
fve hundred pounds, for defraying the charges therein 
mentioned. October 14, 1782. 

* There is no chapter numbered 52 in the Session Pamphlet. 



1782. — September Session. 293 



Chapter 54. 



MARGARET SCOTT, ADMINIS- Cliap 54 
OF DANIEL SCOTT, LATE OF ' " 



RESOLVE ON THE PETITION OF 
TRATRIX ON THE ESTATE 
BOSTON, DECEASED. 

On the ijetition of Margaret Scott, administratrix on the 
estate of Daniel Scott, late of Boston, in the County of 
Siitiblk, deceased, intestate, and John Lucas, guardian for 
four of the children of the ahovesaid deceased, prayiiig 
for liherty to sell a house in Newmarket, in the State of 
New Hampshire, /b?' reasons set forth in said petition: 
Therefore, 

Resolved, That the abovesaid Margaret Scott, adminis- 
tratrix on the estate of said deceased, be and she hereby 
is, in her said capacity, impowered to sell the abovesaid 
house for the most the same will fetch, and make and 
execute a good and lawful deed or deeds to the purchaser 
or purchasers of the abovesaid house, she observing the 
rules in the law made and provided for executors and 
administrators, she giving bonds to the Judge of Probate 
in the abovesaid County, that the proceeds thereof be 
improved for the benefit of the heirs at law. 

October 14, 1782. 



Chapter 55. 

RESOLVE APPOINTING A COMMITTEE TO RECEIVE FROM THE 
EXECUTORS OR ADMINISTRATORS OF THE LATE TREASURER, 
ALL SUCH PROPERTY OF THIS COMMONWEALTH AS WAS IN 
THE HANDS OF THE SAID LATE TREASURER, AND GIVE THEM 
RECEIPTS, AND TO DELIVER TO THOMAS IVERS, ESQ; TREAS- 
URER, ALL SUCH MONIES, &c. AS THEY MAY RECEIVE. 

Resolved, That Wdliam Phillips, Esq ; Leonard Jarvis, 
Esq ; and JiJdivard JPaine, Esq ; be and hereby are ap- 
pointed a Committee to receive from the executors or 
administrators of Henry Gardner, Esq ; late Treasurer 
of this Commonwealth, all such property of this Com- 
monwealth as was in the hands of the said late Treasurer 
Gardner, at his decease, and give their receipts, in behalf 
of this Commonwealth, to the executors or administrators 
(if the said late Treasurer, for the same, and deliver to 
Tliomas Ivers, Esq ; 'I leasurer and Receiver General of 
this Commonwealth, all such monies, books and papers, 
and all such other effects, as they, may receive from the 



Chap. ^5 



294 1782. — September Session. 

executors or administrators of the late Treasurer Gard7ier, 
taking duplicate receipts therefor, one of which receipts 
to be lodged in the office of the Secretary of this Com- 
monwealth. 

Whereas it is of the greatest importance that the accounts 
of Thomas Ivers, Esq; Treasurer and Receiver General 
of this Oommomvealth, be hept separate and distinct from 
the accounts of the late Treasurer : 

Resolved, That William Phillips, Leonard Jarvis and 
Edivard Paine, Esq'rs. be a committee to confer with 
Thomas Ivers, Esq ; Treasurer and Receiver General of 
this Commonwealth, and advise with him respecting such 
method of proceeding in the Treasury office, as in their 
opinion will most eflectually answer this purpose. 

October 15, 1782. 



Chapter 56. 

Chart. ^Qt resolve on the petition of ann willis. 

Upon the petition of Ann Willis praying for liberty to 
go to New York : 

Resolved, That Ann Willis have liberty to go to the 
city oi Neio York, in the first cartel that shall sail from 
the port oi Boston, not to return again into this Conmion- 
wealth without special leave for that purpose from this 
Court. October 14, 1782. 



Chapter 57. 
Chart ^7 i^E^^OLVE on the petition of john fisk, impowering him 

^ TO MAKE SALE OF THE REAL ESTATE MENTIONED. 

On the petition of John Fisk, guardian to the children 
of Isaac Fisk, late of Framingham, deceased, jjr ay ing for 
licence to sell the real estate of the said deceased, for reasons 
set forth in his petition: 

Resolved, That the prayer of the petitioner be granted, 
and that the said JoJin Fisk, in his capacity as guardian, 
be and he is hereby impowered to sell the real estate of 
said Fisk mentioned in his petition, for the most the same 
will fetch, and make and execute a good and lawful deed 
or deeds to the purchaser or })urchasers thereof, he observ- 
ing the rules and directions of the law for the sale of real 



1782. — September Session. 295 

estates by executors and administrators, giving sureties 
to the Judge of Probate for the County of Middlesex, for 
the proceeds of said sale, and that the same, after paying 
the just debts and cost of settling said estate, be put at 
interest, for the benetit of said children, until they shall 
arrive to lawful age, and then be paid to them in legal 
proportion. October 15, 1782. 



Chapter 58. 

RESOLVE ON THE PETITION OF JUDE FOSTER. Chap. 58 

On the petition, of Jude Foster : 

Resolved, That the Justices of the Court of General 
Sessions of the Peace next to be holden at JSForthcmipton, 
within and for the County of Hampshire, be and hereby 
are authorized and impowered to grant a licence to Jude 
Fosttr, of the plantation called Merryfield, in said County, 
to be an inn holder within said plantation, until the usual 
term for granting licences in said county ; he the said 
Foster being approved of by the Committee of said plan- 
tation, in the same manner as is necessary for inhabitants 
of towns to be approved of by Selectmen, the time for 
granting licences being elapsed notwithstanding. 

October 16, 1782. 

Chapter 59. 



VE GRANTING A TAX OF £.600, TO BE APPORTIONED AND Qjjn^j 59 

ESSED ON THE RATEABLE POLLS AND ESTATES IN THE ^ ' 



RESOLV 

ASSESSED 

COUNTY OF MIDDLESEX, FOR DEFRAYING THE CHARGES OF 

SAID COUNTY. 



On the representation of the Justices of the Court of 
General Sessions of the Peace of the County q/* Middlesex, 
that the sum of six hundred pounds will he necessary for 
defrayinff the charges of said County for one year next 
ensu ing : Therefore , 

Resolved, That there be and hereby is granted a tax of 
six hundred pounds, to be apportioned and assessed on 
the rateable i)olls and estates in said county, and the same 
be collected and paid into the treasury thereof, and applied 
for the use of said county, agreeable to the laws of this 
Cou\monwealth. October 15, 1782. 



296 1782. — September Sessio:n^. 



Chapter 60. 

Chap. 60 RESOLVE ON THE REPRESENTATION OF JAMES XICHOLS, OF 
^' BROOKFIELD, GIVING THE SENSE OF THIS COURT THAT 

SAID NICHOLS IS HOLDEN BY THE LAWS OF THIS COM- 
MONWEALTH TO PAY AND DISCHARGE THE DEBTS BY HIM 
CONTRACTED FOR SUPPLIES FURNISHED FOR THE USE OF 
THE UNITED STATES. 

Whereas it appears to this Court that James Nichols, of 
Brookfield, late Deputy Assistant Commissary of Pur- 
chases, in the continental department, in the discharge of 
the duties of his appointment ivithin this Commonwealth, 
in many instances gave his securities for the payment of 
monies due for supplies furnished by the subjects of this 
Commonwealth for the use of the United States, and that 
the provision made by his principal in that department to 
enable him to discharge said securities is not equal to the 
value of the debts contracted, at the rates established by the 
scale of depreciation, agreeable to the laics of this Common- 
wealth, and from an opinion in his superiors in said 
department, that he is not holden to discharge said securi- 
ties at any other rate than in proportion to the whole sum 
by him received for that purpose, they think themselves 
unauthorized to make him any allowance on account thereof, 
unless by the doings of the General Court of this Common- 
wealth it shall appear that they are of a different opinion: 
Therefore, 

Resolved, That it is the sense of this Court that the said 
James JVichols is holden by the laws of this Common- 
wealth to pay and discharge all del)ts by him contracted 
within this Commonwealth, for supplies furnished for the 
use of the United States, according to the scale of depre- 
ciation established by the laws of this Commonwealth. 

October 17, 1782. 

Chapter 61. 

Chan 61 Resolve on the petition of jonas how, of Rutland, 

^ * IN THE COUNTY OF WORCESTER, IMPOWERING HIM TO 

MAKE SALE OF THE LANDS MENTIONED. 

On the petition o/ Jonas How, o/'Eutland, in the county 
of Worcester, guardian to the heirs of Belcher Richards, 
Zaie o/" Princeton, deceased, praying for liberty to sell the 
real estate belonging to said heirs, for reasons set forth in 
his petition: 



1782. — September Session. 297 

Resolved, That the prayer of his petition be granted, 
and that the said Jonas How, in his capacity of guardian, 
1)0 and he is hereby fully authorized and impowered to 
make sale of the lands in his petition mentioned, and to 
make and execute a good and sutficient deed or deeds to the 
purchaser or purchasers, he observing the rules and direc- 
tions of the law for the sale of real estates by executors or 
administrators, first giving bonds to the Judge of Probate 
tor the county of Worcester^ that the money arising by 
said sales shall be appropriated for the benefit of the heirs, 
agreeable to law. October 28, 1782. 



Chapter 62. 

RESOLVE FOR HOLDING THE SUPREME JUDICIAL COURT AT Cha7) 62 
GREAT BARRINGTON, IN THE COUNTY OF BERKSHIRE, ON ^ " 

THE 4th THURSDAY IN OCTOBER INSTANT, AND AT CAM- 
BRIDGE, IN THE COUNTY OF MIDDLESEX, ON THE SECOND 
TUESDAY^ OF DECEMBER NEXT. 

Whereas it appears to this Court, hy recent information 
from the County o/' Berkshire, that it is necessary that the 
Supreme Judicial Court should sit in that County as soon 
as circumstances loill admit of it: Therefore, 

Resolved, That the Resolve of the General Court, passed 
the 2(ith of September last, for adjourning the Supreme 
fludicial Court to be held for the said County from the 
first Tuesday in October instant to the first Tuesday in 
May next, l)e and hereby is so far repealed as relates to 
the holding the same Court on the said first Tuesday in 
^[ay next. 

And it is further Resolved, That the said Supreme Judi- 
cial Court shall be held on the fourth Thursday in October 
instant, at Great Barrington, within and for the said 
County, and all processes shall then be returned, actions 
entered, and parties have day in court, and the same pro- 
ceedings shall then be had in all matters and causes, 
whether civil or criminal, as might have been had if the 
said Court had been held on the first Tuesday of October 
instant. 

And it is further Resolved, That the Supreme Judicial 
Court which by law is to be held at Cambridge, within 
and for the County of Middlesex, on the last Tuesday of 
October instant, l)e and hereby is adjourned to the second 
Tuesday in December next, then to be held at Cambridge 



298 1782. — September Session. 

aforesaid, and all processes shall then be returned, actions 
entered, and parties have day in court, and the same pro- 
ceedings shall then be had in all matters and causes, 
whether civil or criminal, as might have been had if the 
said Court had been held on the said last Tuesday in 
October instant. October 16,1782. 



Chap. 63 



Chapter 63. 

RESOLVE FOR SUPPLYING THE EASTERN DEPARTMENT WITH 
PROVISIONS AND MILITARY STORES, AND DISCHARGING 
THE TRUCKMASTER AND INTERPRETER, AND REINSTATING 
JUNIPER BERTHUAXE AS INSTRUCTOR TO THE INDIANS. 

Resolved, That the Governor, with advice of Council, 
be and hereby is requested to issue orders on the Com- 
missary General to supply the Eastern Department under 
the command of Col. John Allen, according to the recom- 
mendations of Congress, with such provisions and military 
stores, not exceeding the sum of one fliousand pounds, as 
he shall from time to time think necessary, the United 
States to be charged therefor, and the Commissary Gen- 
eral is directed to furnish them accordingly. 

And ichereas it is not necessary to continue the Indian 
trade at Fort Halifax : Resolved, That Col. Josiah Brewer, 
the Truckmaster, and also the Interpreter, be and they 
are hereby discharged from that service. 

And as it appears by the application of a number of the 
Indian Chiefs, and Juniper Berthiaume, that they are 
desirous he may be reinstated in the office of Instructor to 
the Indians, ichich may have a tendency to promote and 
retain their friendship to the inhabitants of this Common- 
wealth : 

Resolved, That the said Juniper Berthiaume be and 
herebj' is reinstated in the office of Instructor to the said 
Indians, any Resolve or Order of the General. Court for 
his discharge from that service notwithstanding. 

It is also Resolved, That the Governor, with advice of 
Council, be and hereby is requested to issue orders on the 
Commissary General to supply said Indians with such 
cloaths and other things requested in their petition as he 
shall think necessary, and the Commissary General is 
hereby directed to furnish them accordingly. 

It is further Resolved, That a Xaval Officer for the Port 
of Machias be elected as soon as may be. 

November 6, 1782. 



1782. — September Session. 299 



Chapter 64. 

RESOLVE ON THE PETITION OF EDWARD & EEPZIBATH RAY- Chcif). 64 

MOND. ^ ' 

On fJie j)€tilion of Edward and Hepzihath Raymond, of 
Sterling, prai/inr/ that theij may he enabled, in their capaci- 
ties as administrators to the estate o/' Jotham Bush, late of 
Shrewsbury, deceased, to make and execute a good and 
lawful deed of sale of a certain tract of land to Edmund 
Stiles, /br reasons set forth in their petition : 

Resolved, That the prayer of the petition be so far 
granted that the said Edicard Raymond and Hepzihath 
Raymond, administrators to the estate of Jotham Rush, 
deceased, be and hereby are fully authorized and impow- 
ered, in their capacity aforesaid, to make and execute a 
good and lawful deed of sale of one hundred and sixt}^ 
acres of land with the buildings thereon, lieing in the 
town of Shreicshury, to the said Edmund Stiles and his 
heirs, (&c. he paying or securing to the said Edivard and 
Hepzihath Raymond, the full amount of what remains due 
to the estate of said Bush, they the said Edv:ard and 
Hepzihath first giving bonds to the Judge of Probate for 
the county of Worcester that the monies so received of the 
said Stiles shall be applied to the benefit of the heirs of 
the said Bush according to law. October 18, 1782. 

Chapter 65. 

RESOLVE ON THE REPRESENTATION OF CAPT. ISAAC HATH- (JJidj) Q^ 
AWAY, OF ADAMS, IN THE COUNTY OF BERKSHIRE, DIRECT- -^ ' 

ING THE COMMITTEE FOR SALE OF ABSENTEES ESTATES 
IN SAID COUNTY TO RECEIVE THE NOTE OF HAND {MEN- 
TIONED. 

Whereas it appeal's that Capt. Isaac Hathaway, of 
Adams, ili the county o/" Berkshire, is now in the possession 
of a certain lot of land in said town, which he holds by an 
agreement made with John Murray, Esq; an absentee, but 
by reason of the losses the said Isaac has sustained by the 
2var, and the public having the use of his money, he is 
unable to make that full payment for said lands that is 
required by lair in order to comjjleat his title thereto: 
Therefore, 

Resolved, That the committee for the sale of conspira- 



300 1782. — September Session. 

tors and absentees estates in the county of Berlmhire be 
and they hereby are directed to receive from him tlie said 
Hathaway his note of hand, with one responsible surety, 
payable in one year from the date of said note, to the 
Treasurer of this Commonwealth, or his successor in said 
office, for the sum of twenty ehjld pounds, with lawful 
interest, and to govern themselves in their conduct towards 
said Hathaway and the land he possesses, upon his pay- 
ing the residue of the money due for said lands, in the 
same manner as though he had paid the whole in cash. 

October 19, 1782. 



Chapter 66. 

Chap. 66 RESOLVE on the petition of the first parish in .SC^jR- 
^ ' BOROUGH, IN the COUNTY OF CUMBERLAND. 

On the petition of the first parish in Scarborough, in the 
comity q/" Cumberland, Thomas Lancaster, minister of said 
parish, and Nehemiah Libby, of said Scarborough, yeoman, 
praying that the committee of said parish and the said 
Thomas Lancaster may he i'mjwwered to nuike and execute 
a good and sufficient deed in law of a certain tract of par- 
sonage land in said Scarborough, upon his the said Nehe- 
miah Libby's maMng a like deed to said parisJi of sundry 
pieces of salt marsh and thatch bed for the use of the min- 
istry in said parish, in exchange therefor: ' 

Resolved, That William Tompson, Esq ; and Mr. Wil- 
liam Vaughn, committee of the first parish in said Scar- 
borough, and 27io7nas Lancaster, minister of said parish, 
be and hereby are impowered to make and execute a good 
and sufficient deed in law to the said Nehemiah Libby, 
his heirs and assigns forever, of a certain tract of parson- 
age land in said Scarborough, containing eiohteen acres ■ 
and one hundred and forty one square rods, lying on the 
south-east side of the highway over Beach Ridge, so 
called, in said Scarborough, the bounds whereof mentioned 
in said petition are as follows, viz. Beginning at a white 
maple, marked four sides and the letter P, and ' runs 
south-west seventy-three rods to the said highway, then 
north four degrees west one hundred and four rods by the 
highway, then north-east five rods, then south-east eighty 
rods to the maple tree first mentioned ; upon his the said 



1782. — Septembek Session. 301 

Neliemiali Libby's making a like deed to them of said salt 
marsh and thatch bed, for the use of the ministry in said 
parish in Scarborouglt, forever. October 19, 1782. 

Chapter 67. 

RESOLVE GRANTING £.13, 16s. 2d. TO THOMAS DURFEE, ESQ; Qjffij) {j'J 
AND £.17, 18s. 8d. TO SETH WASH BURN E, ESQ; BEING AN ■^ ' 

ALLOWANCE FOR THEIR TIME AND EXPENCE AS A COM- 
MITTEE FOR VIEWING THE COUNTY OF BARNSTABLE. 

Upon the memorial of Thomas Diirfee and Seth Wash- 
burn, Esr/rs, praying for an allowance for their time and 
expence as a committee for viev:ing the county of Barn- 
stable, &c. 

liesolced, That the prayer of said memorial be granted, 
and the Treasurer of this Commonwealth be and is hereby 
directed to pay unto the said Thomas Z)urfee, Esq ; the 
sum o^ thirteen pounds sixteen shillings arid tivo pence, and 
also to pay unto the said Seth Washburn, Esq ; the sum 
o^ seventeen piounds eighteen shillings and eight pence, for 
the purpose aforesaid, and the same to be assessed upon 
the respective towns in said county, in proportion to the 
tax next to be assessed on the several towns in said county. 

October 19, 1782. 



Chapter 68. 

RESOLVE ON THE PETITION OF ROBERT BTED, DIRECTING /^A^,, (}« 
THE NAVAL OFFICER OF NEWBURYPORT TO PERMIT THE ^""i''* ^° 
SCHOONER MENTIONED TO UNLADE AND DISPOSE OF THE 
FISH AND SALT. 

On the petition of Robert Byed, an inhabitant of Deer 
Island, in the county of Li'mcohi, pray ing that he may have 
permit to' unload and dispose of some salt and fish, and 
carry the effects in provisions suitable for the inhabitants : 

Resolved, That the Naval OflBcer of Newburyport be 
directed to permit the small schooner Speedwell, from 
Deer Island, commanded by Eliakim Easton, to unload 
and dispose of the fish and salt that he has on board, 
belonging to the inhabitants of Deer Island, and carry the 
effects of the same back in the said boat to the inhabitants, 
in corn and other provisions necessary for the inhabitants. 

October 19, 1782. 



302 1782. — September Session. 

Chapter 69. 

Chaj). 69 GRANT OF £50, TO WILLIAM BAKER, MESSENGER OF THE 
GENERAL COURT, TO BUY STATIONARY AND OTHER ARTI- 
CLES. 

Resolved, That there be paid out of the public Treasury 
of this Commonwealth to Mr. William Baker, messenger 
of the General Court, the sum o^ fifty pounds, to enable 
him to provide stationary and other necessaries for the 
General Court, he to be accountable for the expenditure 
of the same. September 24, 1782. 

Chapter 70. 

Chap. 70 RESOLVE IMPOWERING THE COMMITTEE APPOINTED TO RE- 
CEIVE THE PROPERTY BELONGING TO THIS COMMONWEALTH 
IN THE HANDS OF THE ADMINISTRATORS UPON THE ESTATE 
OF THE LATE TREASURER, TO DESTROY CERTAIN BILLS OF 
CREDIT OF THIS GOVERNMENT. 

Whereas it is expedient that several kinds of Govern- 
ment Securities hereafter mentioned shordd be destroyed. 

Resolved, That William Phillips, Esq ; and others, the 
committee appointed to receive the property belonging to 
this Commonwealth, now in the hands of the administrators 
upon the estate of the late Treasurer Gardner, be and 
they are hereby impowered and directed to consume to 
ashes such of the bills of credit of this Government, 
and certificates funded upon the tax for tJiree hundred 
tJiousand pounds, granted in October last, and issued in 
consequence of a Hesolve of the second of November 1781, 
that are now in the Treasury, and also such notes as are 
laying in the Treasury and have been consolidated, until 
the further order of the General Court. 

October 19,1782. 

Chapter 71. 

ChaV. 71 ^ GRANT OF £.301 19s, id. TO THE HON. GEORGE PARTRIDGE, 
' ' ESQ; FOR HIS ACCOUNT FOR EXPENDITURES AND WAGES AS 

A MEMBER OF CONGRESS. 

Resolved, That there be paid out of the public Treasury 
of the Commonwealth to the Hon. George Partridge, Esq ; 
the sum of tJiree hundred and one pounds nineteen shillings 
and four pence, being the ballance of his account for 



1782. — September Session. 303 

expenditures and wages as a member of the Continental 
Congress, which shall he in fall of all demands to this 
present time. October 19, 1782. 

Chapter 73. 

RESOLVE ON TII^ REPRESENTATION OF THE C&MMITTEE OF (JJiqi, 72 
CORRESPONDENCE, ^c. OF THE TOWN OF BOSTON. ^ ' 

On the repretientation of the Committee of Correi^poml- 
ence, &c. of the Tovjn of Boston, Resolved, That his 
Excellency the Governor be requested to afford to the 
Commissary or Inspector of marine prisoners in this 
department such guards and assistance as may be neces- 
sary and proper to secure and guard such prisoners as 
ma}^ be from time to time sent to the care of the said 
Commissary or Inspector; also that his Excellency give 
such orders as are necessary to put the Guard Ship in a 
proper situation for securing most effectually the pris- 
oners, until proper directions may be received from the 
Secretary of War for the same purpose. 

Resolved, That his Excellency the Governor be requested 
to write to Congress that orders may be given to the 
Secretary of War, directing him to forward such orders 
and directions to the Commissary or Inspector of marine 
prisoners of this department as may effectually answer 
the purpose of securing and keeping the prisoners which 
may come to his care. Also that the expenses which this 
Commonwealth has already or may, until such his orders 
may arrive, be at for the purposes aforementioned, may 
be reimbursed to this Commonwealth. 

September 30, 1782. 

Chapter 73. 

RESOLVE ESTABLISHING THE PAY OF THE HONORABLE COUN- (Jhaj), 73 
CIL, SENATE, AND HOUSE OF REPRESENTATIVES. ^ ' 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth to each member of the 
honorable Council eight shillings per day, and to each 
member of the honorable Senate, for each day's attendance 
the present session, seven shillings and six 2'>ence per day, 
and to each member of the honorable House seven shillings 
per day, for each day's attendance the present session, 
and that their travel and pay be allowed in the customary 
manner. October 21,' 1782. 



•^04 1782. — September Session. 



Chapter 74. 

Chap. 74 LETTERS TO THE HONORABLE PRESIDENT OF CONGRESS, AND 
TO THE DELEGATES OF THIS COMMONWEALTH IN CON- 
GRESS. 

Ordered, ^That the Letter No. 1, herewith exhibited, 
addressed to the President of Congress', be immediately 
transmitted to him, and that a copy thereof be also for- 
warded b}^ the same conveyance to the Delegates of this 
Commonwealth in Congress, accompanied with the Letter 
No. 2, directing them to urge the attention of Congress 
to a subject so important in itself, and in which the par- 
ticular interest of this State is so essentially concerned. 

Letter No. 1. 

Commonwealth of Massachusetts. 
c Boston, October 21, 1782. 

Ollv, 

The General Court of this Commonwealth are called on 
to remind Congress of the inequality of burthen which its 
subjects feel from the enormous sums of old paper money 
whose currency ceased in their hands, and whose value is 
destroyed by the neglect of many States to comply with 
the requisition of Congress of the 18th oi March 1780. 

We are compelled to advert to this subject not only by 
a reflection on the injustice done to our citizens, from 
which a vindication of our own honour obliges us to pre- 
serve them, but also the fear of a greater political evil, 
which must unavoidably ensue, if not prevented by the 
wisest precautions ; and as we think it our peculiar duty 
to apprize Congress of every failure in supplies that 
wc can foresee and that may tend to derange their system 
of finance, we must assure them, on this occasion, that we 
have the strongest apprehensions of disappointment to the 
Superintendant of that system, in our present and future 
taxes, and this not from indisposition but real inability 
in the peo})le, who are sinking under the pressure of a 
weight which we presume should be borne by others. 

We wish Congress to consider, that beside the old emis- 
sion money, which is the immediate subject of our present 
complaint, this State is in advance a very large sum more 
than its proportion, compared with the advances of other 
States ; a disproportion, which though less visible than 
the other, yet is not the less felt. 



1782. — September Session. 305 

This Court does not hesitate to believe that some 
real difficulty in collecting from the several States their 
respective quotas of old money must have existed, or 
Congress would not have permitted the disparity which 
there now is betwixt this State and others ; but we con- 
ceive that there can now be no good reason for a continu- 
ance of this disparity, especially in matters subsequent 
to the 18th of March 1780, a period which is peculiarly 
marked by Congress for the establishment of method and 
arrangement in the public accounts. 

We have thought it unnecessary to go into a detail that 
would enlighten this subject, as we have no doubt that 
the wisdom of Congress is fully adequate to much greater 
purposes ; and we confide that in that body to whom we 
have delegated the power we shall ever find the disposi- 
tion to do equal justice to all. 

Commonwealth of Massachusetts. 

^ Boston; October 21, 1782. 

Gentlemen, 

Our Letter to the President of Congress of this date, 
of which the inclosed is a copy, being intended to call the 
attention of that l)ody to the subject of old emission 
money, you will use every exertion in your power to 
effect so desirable a purpose, and obtain a compleat settle- 
ment of that accompt on just and equitable principles ; to 
this end we should suppose that Congress could need only 
to be informed that this State has fully complied with 
their recommendation of the 18tli oi March 1780, by pay- 
ing to their Commissioner of Loans 29,900,000 Dollars, 
for which the Treasurer , of this Commonwealth has 
receipts, that this was done in full confidence of a like 
compliance by the other States, and their defect has been 
attended* with many disagreeable consequences to us that 
we now have Thirty Millions of Dollars of that Money 
within this Commonwealth, as appears by returns made 
into the Secretary's office, beside very large sums of which 
no official account has been given. 

Should Congress in conformity to our application pro- 
ceed to a settlement, it is not improbable that they may 
propose placing the deficiencies of the several delinquent 
States to the debt of the LTnited States, and redeem the 
extant money by issuing Loan Office Certificates from 
their Treasury for the amount ; but this mode appears 



306 1782. — September Session. 

to us objectionable, unless the 29,900,000 paid in by this 
State shall be put on the same footing as the money extant, 
and the State made a creditor in common with individuals, 
and therefore will not have your support except in the 
last resort, when no better can be obtained, the obvious 
objection to redeeming the extant money by issuing 
securities from the Treasury of the United States is, 
that in such a mode we should be obliged to provide 
our full proportion annually for the interest on the debts 
of the delinquent States, and if there .should not finally 
be a liquidation of these accounts, a full share also of 
the principal. In such a case, it may be doubted whether 
the Government of this State would not much increase its 
difficulties rather than diminish them, altho' it may be 
evident that the subjects would be benefited, for the State 
may be y)oor, tho' the individuals who compose it are 
rich. Perhaps the most certain way of doing justice to 
the subjects of this Commonwealth holding continental 
money of the old emission, would be to compel the 
delinquent States to pay in their respective proportions of 
that money, or an equivalent in specie at some given rate, 
the equivalent to be appropriated by Congress to the 
redemption of such State's deficiency, or let the annual 
demands of Congress on the States in Union exceed the 
estimate of the annual expenditure, say one fourth part, 
and let such excess be payable in old money at a certain 
rate, and so continue from year to year, proceeding in 
this method until the whole be absorbed. 

We find in the account of old paper currency transmitted 
us by the Continental Treasurer, that several States are 
credited as part of their quota fpr bills of the emissions of 
the 11th of April and 20th of May, received from the 
Commissioners of Loans, particularly those of Virginia 
and Soufh Carolina. 

As we have always supposed that those two emissions, 
distinguished commonly by the name of dead money, 
when received by loan officers, were exchanged for other 
monies or paid for in loan office certificates, we are at a loss 
to reconcile the account to our ideas. As we wish in future 
to be more perfectly informed, yor will please to acquaint 
us how much paper money has bee "ssued, distinguishing 
the date and amount of each erai .ion, how much of the 
dead emissions was sunk by the several loan officers de- 
liverino- out loan oflice certificates instead of the other 



1782. — September Session. 307 

money — how much money has been lodged in the Conti- 
nental Treasury by the several States to be sunk — how 
much paper was on hand in the Continental Treasury and 
the various loan offices, when it ceased to circulate, and 
finally, what is the proportion each State is called on to 
sink. October 21, 1782. 

Chapter 75. 

RESOLVE ESTABLISHING THE WAGES FOR THE COMPANY NOW (JJiqi^ 75 
DOING DUTY UNDER THE COMMAND OF CAPT. AMOS LIN- ^ ' 

COLN. 

Whereas the Resolves ivhich passed on the 21 tit day of 
April 1780, malting an establishment for the comjmny now 
doing duty under the command of Captain Amos Lincoln, 
so far as relates to wages, appeared to the General Court 
on the 1th o/* November then next following , to he ambigu- 
ous and not clearly expressed: 

Therefore, it was then Resolved by said Court, that the 
establishment for wages, which was made on said 27th 
dfiy of April 1780, be paid in new emission, which 
appears to this Court to be unjust and not adequate to 
their services. 

Therefore Resolved, That the establishment which was 
made on the 27th day of April 1780 for the company now 
doing duty under the command of Capt. Amos Lincoln, 
so far as respects the wages, together with the explanatory 
Kesolve passed on the 7th of November following, l)e and 
they hereby are repealed and made null and void. 

Resolved, That Capt. Amos Lincoln, the ofiicers and 
men now belonging to his company, and such as have 
been under his command and done duty since the 27th 
day oi April 1780, receive the following pay per calendar 
month, viz. 

Captain . . . Twelve j)ounds. 

Lieutenants . . EigJit p)ounds. 

Serjeants . . . Tioo p)ounds eight shillings. 

Corporal . . . Forty-three shillings. 

Gunners . . . Forty-two shillings. 

Bombardiers . . Forty-three shillings. 

Matross . . . Forty shillings. 

Drum .... Forty-two shillings. 

Fife .... Forty-two shillings. 



308 1782. — September Session. 

Which pay is to commence from the time of their 
engaging in said service, and that said compan}^ be made 
chargeable with wliatever they have received towards their 
wages. 

Whei'eas there is no establisJtment for the rejected 
recruits, that are now doing duty under the command 
of Capt. Amos Lincohi : 

Therefore Resolved, That the said rejected recruits be 
on the same establishment as to wages as is set in this 
Resolve, and the same allowance as to cloathing and 
rations as are allowed to others of the same rank in the 
said company by a Resolve of the General Court of the 
27th oi April, A. D. 1780. 

And it is further Resolved, That the said rejected 
recruits 1)e and they hereby are joined unto the com- 
pany raised by Capt. Amos Lincohi and become a part 
thereof; and the said Capt. Lincoln is hereby required, 
in making out a pay roll for said recruits, to include in the 
said pay roll the whole time they have been in actual 
service. October 24, 1782. 

Chapter 76. 

Cha)). 76 E'ESOLVE giving directions to the several committees 

' ' * IN THIS COMMONWEALTH APPOINTED TO MAKE SALE OF THE 

ESTATES OF CONSPIRATORS AND ABSENTEES. , 

Whereas no provision is made by any Act or Resolve 
of the General Court for ascertainiiig and discharging the 
fees of the Attorney General, Judges of Probate, and 
Counsel by them appointed agreeably to Law, to object 
lohere necessary on behalf of the Cotmnonwealth against 
claims exhibited to Commissioners for examining the same. 
Clerks of the Courts of Common Pleas, or the Registers 
of Deeds and of Probate, from the libelling to the confisca- 
tion and forfeiture of the estates of conspirators and 
absentees, or for any court charges incident thereto: 

Resolved, That the Committee appointed to make sale 
of the estates of conspirators and absentees, in the several 
counties within the Commonwealth, be and they hereby 
are impowered and directed to deduct a sum not exceeding 
three per cent, on the value, out of the proceeds of each 
and every such estate by them sold, or which may here- 
after be sbld, the value whereof shall amount to five hun- 
d7'ed pounds and upward, and a sum not exceeding ^^^'eeji 



1782. — September Session. 309 

pounds on each and every such estates the value whereof 
shall be less than five hundy^ed pounds, before any dis- 
tribution shall be made of the said proceeds among the 
creditors to the said estates, the sum so deducted to be 
by them paid into the public Treasury, in order to 
enable the Government to discharge the fees and charges 
aforesaid, whenever the same shall be ascertained and 
demanded. 

And in case the sums so deducted shall be found to 
exceed the amount of the fees and charges aforesaid, the 
Treasurer is hereby directed, on warrant of the Governor 
and Council therefor, to repay the surplus on such estates 
as are insolvent, to the said Committees, who on receipt 
thereof are directed to distribute the same among the 
creditors to such estates, in due proportion of the amount 
of such surplus and of their respective claims. 

October 21, 1782. 



Chapter 77. 

RESOLVE REQUESTING THE GOVERNOR TO TAKE EFFECTUAL nj^nr) 77 
MEASURES TO OBTAIN AUTHENTIC RETURNS OF PROPERTY ^ * / ' 
DESTROYED BY THE ENEMY IN THE COURSE OF THE WAR, 
AND TO CAUSE THE ACKNOWLEDGMENT OF THE HON. JOHN 
ADAMS, ESQ; BY' THE UNITED PROVINCES OF THE NETHER- 
LANDS TO BE MADE PUBLIC. 

Resolved, That his Excellency the Governor take such 
eftectual measures as he may think proper to obtain as 
speedily' as possible authentic returns from the citizens of 
this Commonwealth of every kind of property which has 
been carried off or destroyed by the enemy in the course 
of the present war, and transmit quadruplicate copies 
thereof, under the seal of this State, to the Minister for 
foreign aftairs : And that whereas their High Mightinesses 
the States General of the United Provinces of the Netlier- 
lands have received and acknowledged the Hon. John 
Adams, Esq ; in quality of Minister Plenipotentiary of 
the United States oi America, it is further Resolved, That 
his excellency be and hereby is requested to cause this 
most happy and interesting event to be made public. 

October 7, 1782. 



310 1782. — September Session. 



Chapter 78. 
Char) 78 i^esolve on the representation of lieut. daniel jack- 

' ' SON, DIRECTING THE AGENT TO SUPPLY HIM WITH A SUF- 

FICIENT NUMBER OF UNIFORM BUTTONS FOR COLONEL 
CRANE'S REGIMENT. 

On the representation of Lieut. Daniel Jackson, j9r«?/Mi(/ 
that he may he supplied with uniform buttons sufficient for 
seventy coats, for Col. Crane's regiment, for reasons set 
forth in his representation : 

Resolved, That Caleb Davis, Esq ; Agent for this Com- 
monwealth, ])e and he hereby is directed to supply Lieut. 
Daniel Jackson with a sufficient number of uniform but- 
tons for Col. Crane's regiment, for seventy coats, taking 
proper measures that this State may have credit for the 
same. • October 22, 1782. 



Chapter 79. 

Chan 79 R-esolve appointing michael hodge, esq; and mr. moses 

L ' nOYT to be MANAGERS OF THE LOTTERY FOR REPAIRING 

THE BRIDGE OYER THE RIVER PARKER, IN THE COUNTY OF 
ESSEX. 

Wliereas by an act passed this Court the present session, 
for granting a lottery for repairing the bridge over the 
river Parker, in the county of Essex, MessVrs Samuel 
Tufts, Moses Frazier and Edmund Sawyer were appointed 
managers of the said lottery ; and whereas Mr. Tufts and 
Mr. Frazier refuse accepting the trust: 

Resolved, Ihat Michael Hodge, Esq ; and Mr. Moses 
Hoyt be and they hereby are appointed two of the man- 
agers of the said lottery, in the room of Samuel Tufts 
and Moses Frazier, and that the said Edmund Sawyer, 
Michael Hodge and Moses Hoyt, or any two of them, 
have the full powers and management of the business 
of the said act, as therein given to the managers therein 
mentioned. 

Resolved, That the said Edmund Saivyer, Michael 
Hodge and Moses Hoyt, or any two of them, be and 
they are hereby empowered to apply the net sum of 
fifteen hundred pounds, allowed to be raised by the said 
act for the purpose of repairing the said bridge. 

October 22, 1782. 



1782. — Septembek Session. 311 



Chapter 80. 

RESOLVE ON THE PETITION OF STEPHEN COOKE, PERMITTING Qfidp^ 80 
JOHN ESTER TO PROCEED TO THE ISLAND OF BERMUDA. ^' 

On tlie petition of Stephen Cooke, praying that John 
Ester may he permitted to go to the Island of Bermuda, 
for reasons set forth in the said petition : 

liesolved, That the said John Ester be and he hereby is 
permitted to take passage for the Island oi Bermuda on 
board the sloop Union, Cornelius Hinson master, a flag, 
bound for said Island. October 22, 1782. 



Chapter 81. 



Chajy. 81 



RESOLVE DEEMING VALID THE SEVERAL ASSESSMENTS MADE 
ON THE POLLS AND ESTATES IN THE TOWN OF DVXBOROUGH, 
FOR RAISING SOLDIERS. 

Whei'eas it appears that several assessments made on the 
inhabitants of the toivn q/* Duxborough, /or the purpose of 
jjrocuriug soldiers, were not made in due form of law : 
Therefore, 

Resolved, That the several assessments made on the 
polls and estates in the town of Duxborough, from the 
first oi July, Anno Domini 1778, to the twenty-eighth of 
February, Anno Domini 1779, for the purpose of raising- 
soldiers as aforesaid, be deemed to all intents and pur- 
poses valid, any want of legal formality notwithstanding. 

October 22, 1782. 

Chapter 83. 

RESOLVE RECOMMENDING TO THOMAS CRAFTS, ESQ; ASSISTANT pj.^.^^ QO 
TO THE MINISTER OF WAR, TO GIVE ORDERS TO THE CON- ^'''^1'' ^^ 
TRACTORS, FOR THE POST AT BOSTON TO REPAY THE PRO- 
VISIONS SUPPLIED BY THE FRENCH COMMISSARY TO THE 
TROOPS AT HULL, AND REQUESTING THE GOVERNOR TO 
DISCHARGE SAID TROOPS. 

Whereas on a request from his. Excellency General 
Washington, and on application from his Excellency the 
Marquis de Vaudreuil, General and Commander of his 
most christian Majesty's fleet in the harbour of Boston, 
tlie Governor, with advice of council, ordered a detachment 
of militia to do duty at the post of Hull, at the entrance 
of the harbour o/" Boston, hut no provision has been made 



312 1782. — September Session. 

for their support^ and they have drawn their supplies from 
the French Gommissary on loan : 

Resolved, That it be and hereby is recommended to 
Thomas Grafts, Esq ; assistant to the Honourable General 
Lincoln, Minister at War, to give immediate orders to 
the contractors for the post at Boston, to repay the. pro- 
visions that have been Iwrrowed for the purpose aforesaid 
on the account of the United States, 

And whereas his Excellency the Marquis de Vaudreuil 
has signified to the General Gourt that it is not necessary 
to continue said militia any longer in ^aid service: 

Mesolved, That his Excellency the Governor be requested 
to give immediate orders that the said militia he dis- 
charged. 

And it is further Resolved, That the officer command- 
ing the party be and hereby is directed to make up the 
pay roll for said men agreeable to the continental estab- 
lishment, and lay the same before the Governor and 
Council for examination, and his Excellency is hereby 
requested to forward the same to Congress for allowance 
and payment, with the request of General Washington 
and the Marquis Vaudreuil on the subject, in order to 
shew Congress the purpose for which said men were 
raised. October 22, 1782. 

Chapter 83. 

Chap. 83 RESOLVE permitting the sloop union (A CARTEL) TO SAIL. 

Whereas the Marquis de Vaudreuil has signified under 
the hand of Le Chevalier de I'Eguille, tJiat it is not his 
desire that the sloop Union, Cornelius Hinson 7naster, a 
flag hound to the Island o/* Bermuda, should he any longer , 
detained on his account: Therefore, 

Resolved, That the said sloop Union be and hereby is 
permitted to sail, any resolve to the contrary notwith- 
standing. October 22, 1782. 

Chapter 84. 

ChaV' 84 RESOLVE ON THE PETITION OF LIEUT. COL. DANIEL WHITING, 
^ ' DIRECTING THE TREASURER TO ADVANCE ONE YEAR'S 

INTEREST ON ALL HIS NOTES. 

On the petition of Lieut. Gol. Daniel ^hiimg, p)raying 
for part of the money due to him for his services in the 



1782. — September Session^. 313 

continental army to he paid him, for reaso7is set forth in 
his petition : 

Resolved, That the Treasurer of this Commonwealth be 
and he hereby is directed to advance to the said Whiting 
one year's interest on all the notes now due to him for his 
services in the army, Avhen they shall become consolidated, 
out of the money now in the Treasury received from the 
collectors of excise. October 22, 1782. 

Chapter S5. 

A GRANT OF £.22, 2s. 8d. TO COL. TIMOTHY BIGELOW, OF ChttV 85 

WORCESTER. ^ ' 

On the petition of Col. Timothy Bigelow, o/" Worcester, 
prai/imj for an alloivance and payment for a number of 
blacfxsmith's tools, delivered for the use of the continental 
army at Dorchester, September 10, 1775, as fiet forth in 
his petition : _ 

Resolved, That there be paid out of the pulilic Treas- 
ury of this Commonwealth to Col. Timothy Bigelom, of 
Worcester, the sum of twenty tivopounds tivo shillings and 
eight pence, in full for the abovesaid tools, the same to be 
charged to the United States. October 22, 1782. 



Chapter 86. 

RESOLVE SETTLING THE BOUNDARY LINE BETWEEN THE 
TOWNS OF SCITUATE AND MARSHFIELD. 

Whereas disputes have arisen concerning the boundary 
line between the towns of Scituate and Marshtield, and a 
Committee appointed to view the before "mentioned towns in 
regard to the said line, and to hear the parlies, have agreed 
upon and reported the following adjustment, viz. That the 
said boundary line should begin at the Mouth of the North- 
River {so called) near the sea, and should continue its 
course as the main channel now runs until it strikes Thomas 
Little's Bank, and then with the old channel to the mouth 
of Bass Hole Channel, so called, following the course of 
the said Bass Hole Channel near the beach, until the center 
of Joseph Bryant's barn, in Marshtield, shall bear North 
seventy-five degrees West, the said line to extend through 
the (luzzle, between the Horse Shoe Flat and the Great 
Flat, so far as that a stake standing on Moses Symmond's 
Meadoiv, in Scituate, near Pinchon's Bank, shall bear 



Chap. 86 



314 1782. — September Session. 

North fifteen derirees Went; this last line to extend in the 
last mentioned direction^ until the dividing Ditch betiveen the 
said Towns, on the upper Green Island, m the said River, 
shall hear North sixty-seven degrees and one quarter of a 
degree West, then to extend in the course of the said Ditch to 
the westerly end of the said Island, so far as to bring a 
large Buttonwood Tree on Elijah Curtis's Hill, in Scituate, 
to bear North seventy-one and an half degrees West, and 
from the said westerly end of the said Island to extend a 
course in the direction of the said Buttonwood Tree until 
it strikes the Middle of the Channel of said River, then 
following the com\se of the Main Chanjiel, as it now runs, 
to the upper or ivesternmost j)urt of the said totvn o/" Marsh- 
field : 

Resolved, That the above described line, agreed on and 
reported by the said Committee, shall be considered in 
future as the true and just boundary line between the 
towns of Scituate and Marshfield. November 8, 1782. 

Chapter 87. 
Chan 87 i^esolve remitting a fine for the deficiency of one 

^ ' MAN assessed UPON THE TOWN OF CHESTERFIELD. 

On the petition o/" Russell Kellogg, in behalf of the toimi 
q/" Chesterfield, /)ra?/«*7?(7 that the fine ordered by the Treas- 
urer of this Commonwealth to be assessed upon the inhab- 
itants of said Chesterfield, for the deficiency of one man 
in the requisition of March 7, 1782, be remitted to them, 
for reasons set forth in said petition : 

Resolved, That the prayer of the petition bo granted, 
and that the said fine be remitted to them, and that said 
town of Chesterfield suffer no damage from said fine, or 
by any cost arising therefrom. October 24, 1782. 

Chapter 88. 
Chap 88 resolve on the memorial of samuel hellish, paymas- 

■^' TER of the 3d MASSACHUSETTS REGIMENT, DIRECTING 

THE TREASURER TO DISCHARGE THE WARRANTS DRAWN 
IN FAVOUR OF SAID REGIMENT AND ALL OTHER REGI- 
MENTS, FOR THEIR THREE MONTHS PAY FOR THE YEAR 
1780. 

On the memorial of Samuel jNIellish, Paymaster of the 
3d Massachusetts regiment in the continental army : 



1782. — ^September Session. 315 

Resolved, That the Treasurer of this Commonwealth be 
and he hereby is directed to discharge the warrants drawn 
in favour of the said third Massachusetts regiment, to com- 
pleat their three months pay for the year 1780, and war- 
rants drawn in favour of all the other regiments for the 
said purpose of corapleating their three months pay for 
the year 1780, agreeable to a Resolve of October 2, 1782. 

October 25, 1782. 

Chapter 89. 

RESOLVE DIRECTING THE AGENT TO DELIVER BARTLET COF- Qhnjj gQ 
Fiy FIFTY BUSHELS OF SALT, TAKEN ON BOARD THE BRIG ^ * 

TEMPLE. 

On the 7nemo7'ial of Bixrt\et Coffin, of the Island of Nan- 
tucket : 

Resolved, That the Agent of this Commonwealth be 
directed to deliver to the said Coffin fifty bushels of the 
salt taken on board the brig Temjyle, by the State's ship 
Tartar, and brought into the port of Boston, for reasons 
set forth in said memorial. October 25, 17S2. 

Chapter 90. 

RESOLVE MAKING AN ESTABLISHMENT FOR THE CASTLE. Chan. 90 

Whereas it is expedient for the safety of the Com- 
momvealth that the Castle and Fort on Governor's 
Island, in the harhonr of Boston, should continue garri- 
soned with officers and matrosses, and the establishment 
made October 6, 1779, ivill expire the 6fh instant. 

Resolved, That there be appointed and commissioned 
for said purpose, 

I Captain, 6 Quarter Gunners, 

1 Capt. Lieutenant, 2 Serjeants, 

1 Fii-st Lieutenant, 3 Corporals, 

1 Gunner, 50 Privates, 

1 Gunner's Mate, 

to be properly organized into one company, the non-com- 
missioned oflficers and privates to l)e enlisted for the term 
of three years, unless sooner discharged, to do garrison 
and fatigue duty at said forts, said non-commissioned offi- 
cers and privates not to be called off from said duty for 



Captain, .... 
Captain-Lieutenant, 
First Lieutenant, . 
Gunner, .... 
Gunner's Mate, . . 
Each Quarter Gunner 
Each Serjeant, . . 
Each Corpora], . . 
Drum and Fife, 
Each Matross, . . 



316 1782. — September Session. 

any other than what belongs to said forts. And that the 
following establishment be allowed to the officers and men 
who shall compose said company, viz. 

Twelve potmds per month, 

NiJie pounds per month, 

Six pounds per month, 

Five j)ounds per month, 

Four pounds per month. 

Two pounds ten shillings per month, 

Tivo pounds eight shillings i)er month, 

Tiuo pounds four shillings per month. 

Two pounds four shillings each per month, 

Forty shillings jjer month. 

And each non-commissioned officer and private in said 
company shall receive one suit of cloaths a year each year 
they shall continue in said service, and the pay of each 
officer and soldier to be made quarterly. 

October 25, 1782. 



Chapter 91. 

Chap. 91 RESOLVE ON THE PETITION OF WILLIAM BURGESS. 

On the petition o/" AVilliam ^vivgess^, praying foi^ leave 
to ■withdraw a certain petition therein described, and also 
that he may not be exposed to any severity of treatment, 
but that he may be continued in the enjoyment of his per- 
sonal liberty, under proper restrictions, luitil a converiient 
opportunity to depart from this Commomvealth shall occur: 

Resolved, That the prayer of said petition be so far 
granted as that it be recommended to the supreme execu- 
tive power, to allow the petitioner a reasonable time to 
prepare for his departure, laying him under such restric- 
tions as they shall think the safety of the Commonwealth 
requires. October 25, 1782. 



Chap. 92 



Chapter 92. 

RESOLVE DIRECTING THE COMMISSARY GENERAL TO DELIVER 
'JO JOSEPH CLARKE, FOR THE USE OF THE TOWN NORTH- 
AMPTON, A QUANTITY OF POWDER, LEAD AND FLINTS. 

On the account ©/"Joseph Clarke, 

Resolved, That the Commissary-General of this Com- 
monwealth be and hereby is directed to deliver to the said 



1782. — September Session. 317 

Joseph Clarke, for tlic use of the town of Northampton, 
150 pounds gunpowder, G-i i)ounds lead, and 120 flints, 
being for the same quantity of the said articles delivered 
hy the said Joseph out of the town stock of the said 
NortJiantpton to Ca})t. Solomon Allen for the use of this 
Connnon wealth, and that the charge of transporting the 
same from Boston to the said Northampton be paid out of 
the public treasury. October 27, 17S2. 



Chap. 93 



Chapter 93. 

RESOLVE ON THE MEMORIAL OF MAJOR GENERAL HEATH 
AND OTHERS, OFFICERS OF THE MASSACHUSETTS LINE 
AND HOSPITAL DEPARTMENT. 

On. the memorial of Major General Heath and others, 
officers of the Mass-dchusGtts line and the hospital depart- 
ment, requesting to hnow in the most explicit terms whether 
the legislature of this Commonwealth will conform to the 
ordinance of Congress establishing half pay for life, or 
make such commutation as shall be more consistent with 
the opinion said to be possessed by the people at large: 

Resolved, That this Court have no disj^osition unreason- 
ably to postpone the consideration of the subject above 
recited, but as this Court are not possessed of satisfactory 
information of the doings and intentions of Congress on 
the subject, and as without such information it is impos- 
sible for them to judge of the wisdom and propriety of 
any measures proposed, it is therefore inexpedient to 
enter upon the said subject until the same is more fully 
obtained. October 28 , 17 82 . 



Cliai)ter 94. 

RESOEVE ON THE PETITION OF SAMUEL WILLIAMS AND njidjy 94 

OTHERS. ^ * 

On the petition o/" Samuel Williams and others: 
llesolved. That the prayer of the petition be granted, 
and that the Governor and Council be requested to furnish 
the necessary papers which may be requisite for the pur- 
pose of eftecting the exchange of the said Thomas Benson, 
as mentioned in said petition. October 28, 1782. 



318 1782. — September Session. 



Chapter 95. 

Chan. 95 resolve abating all the deficiencies of beef and 

' * ' MEN DUE FROM ANY OF THE TOWNS IN THE COUNTY OF 

BARNSTABLE, HAVING SUCH FINES FOR MEN INCURRED 
BEFORE THE 2d OF DECEMBER 1780, AND REMITTING ALL 
FINES FOR DEFICIENCIES. 

The Committee of both houses cqypointed by a resolve of' 
the General Court the '2,\st of June last, to repair to the 
county of Barnstable to view the several toivns in the said 
count?/, and to take into consideration their circumstances, 
and their inability of procuring beef or men for the conti- 
nental army, having reported that tJiey have fully and criti- 
cally attended that service, and that they are satisfied that 
the several toiuns in said county have co7nplied to the tdmost 
of their abilities ivith the requisitions made upon them by 
the General Court for beef and men, and that the said 
towns are incapable of complying therewith any further ; 
and said Committee having reported, as their opinion, that 
all the deficiencies of beef or men due from any of the towns 

in the coujity of J^iiYnsU\h]e be abated to tJiem: TJtat 

all fines for said deficiencies be cdso remitted to all the towns 
in said county : 

Wherefore, Resolved, That all the deficiencies of beef 
and men due from any of the towns in the county of Barn- 
stable be abated to them, saving such tines for men as they 
had incurred before the 2d day oi December 1780, and not 
heretofore remitted them. 

Resolved, That all tines for said deticiencies be also 
remitted to all the towns in said county. 

And it is further Resolved, That the above abatements 
be in full of all abatements due to any of the towns in 
said county in consequence, in any engagement of govern- 
ment whatever. October 28, 1782. 



Chapter 96. 

Chap. 96 RESOLVE on the petition of ruth gat, DIRECTING THE 
^ ' AGENT TO DELIVER TO HER OWN USE ALL SUCH OF HER 

HUSBAND'S TOOLS AS HE HAS IN HIS CARE. 

On the petition of Ruth Gay : 

Resolved, That the prayer of said petition lie granted, 
for reasons set forth therein, and the Agent be and he 



1782. — September Session. 319 

hereby is directed to deliver the said Ruth Gay, to her 
own use, all such of her husband's tools as he has in his 
care. OdoUr 29, 1782. 

Chapter 97. 

RESOLVE ON THE PETITION OF SAMUEL GAMMAGE. ' QJiaj). 97 

Whereas Samuel Gannnage has iietUioned this Court 
that he may have leave to go to Great Britain and return, 
for reasons set forth in said petition; andichereas the Gen- 
eral Court is (jreuth/ pressed with business: Therefore, 

Resolved, That the said iietition be referred to the Gov- 
ernor in Council, and that they be and hereby arc fully 
authorized to take such order thereon as to them shall 
appear to be lit, the General Court beins; now sitting, or 
any law or resolve to the contrary notwithstanding. 

October 30, 1782. 

Chapter 98. 

ORDER ON THE MEMORIAL OF THE INHABITANTS OF xV^.V- (JJiat), 98 

TUCKET. ^ ' 

On the memorial of the Inhabitants q/" Nantucket : 
Read and accepted, and thereupon Ordered, That a copy 
of said memorial be transmitted to the Delegates of this 
Commonwealth in Congress ; and that the said Delegates 
be re(|uired to use their utmost endeavours to impress the 
minds of Congress with just ideas of the high Avorth and 
imi)ortance of the tisheries to the United States in general 
and this State in particular. October 31, 1782. 

Chapter 99. 

RESOLVE ON THE PETITION OF EZRA LUNT. Chap. 99 

On the petition q/'Ezra luuut, praying for license as an 
innholder: 

Resolved, That the prayer of the petition be granted, 
and that any two Justices of the Peace for the county of 
Essex, quorum unus (he producing from the Selectmen 
o( JVeu-buryport an approbation according to law) l)e and 
are hereby impowered to grant a license to the said Ezra 
Lunt, to exercise the employment of an innholder in the 
town of Neivhuryport, and in the house he now occupies, 



320 1782. — September Session. 

until the next Court of Sessions of the Peace for granting 
licences in the county of Essex, recognizing him the peti- 
tioner to observe such rules and orders as the law requires, 
the time for granting licences in said county being elapsed 
notwithstanding. October 31, 17S2. 

Chapter 100. 

Chap.lOO RESOLVE REQUESTING THE GOVERNOR TO GIVE THE NECES- 
SARY ORDERS FOR THE SAILING OF THE SEVERAL CARTELS 
IN THE HARBOUR OF BOSTON. 

Whereas Iiis Excellency the Marquis De Vaudreuil lias 
requested this Court to "permit tJie flags of truce noiu lying 
in tJie harbour of Boston to sail as soon as they may think 
jfi'oper : Therefore , 

Resolved, That his Excellency the Governor be and he 
hereby is requested to give such orders as are necessary 
for the immediate departure of said flags of truce. 

October 30, 1782. 



Chapter 101. 

ChanAOl Resolve directing tiiomas ivers, esq; to call upon 

^ * the sheriffs of the several counties to WHOM 

executions have been directed by the late treas- 
urer to perform the duties therein required, and 
directing him to issue his executions against all 
delinquent constables. 

Whereas the Hon. Henry Gardner, Esq; late Treasurer 
of this Commomvealth, was ordered and directed to issue 
his executions against all delinquent constables and collec- 
tors who were appointed to collect such taxes as loere granted 
before the first day of March last, and by reason of the 
death of the said Treasurer the whole number of said execu- 
tions have not been issued, and bid few returns made to the 
Treasurer''s oflice by the Sheriffs of the several counties, of 
such executions as ha.ve been issued: Therefore, 

Resolved, That Thomas Tver's, Esq ; Treasurer of this 
Commonwealth, be and be is hereby directed to call upon 
the Sherills of the sevei'al counties of this Commonwealth, 
to whom executions have been directed by the late Treas- 
urer, to perform the duties therein required, and make 
return of their doings to the Treasury office, according to 
law ; and the said Treasurer is further directed to issue his 



1782. — September Session. 321 

executions against all deficient Constables and Collectors 
who have not tinished their collections and settled their 
accounts in the Treasury office for all taxes of every denom- 
ination which were granted before the first day of March 
last, excepting the tax for the redemption of the bills of 
credit of the new emission, for the deficiencies of which 
executions shall he issued by the Treasurer on the second 
day of January next, and not before, and that said execu- 
tions 1)0 made returnable to the Treasury office within fifty 
daj's from the date thereof. November 1, 1782. 



Chap.102 



Cliapter 103. 

RESOLVE ON THE PETITION OF DAVID FELT AND BENJAMIN 

NEEDHAM. 

Upon the petition of David Felt and Benjamin Need- 
ham : 

Resolved, Tliat the prayer of the petition be granted, 
and that the Governor be requested to grant the petition- 
ers liberty to fit out a suitable vessel as a flag to proceed 
to Halifax, for the purpose mentioned in the petition, 
and to furnish them with such papers as may be necessary 
to qualify the said vessel for this business, the whole to 
be at the expence of the said petitioners. 

November 1, 1782. 

Chapter 103. 

RESOLVE DIRECTING THE DISPOSING OF A QUANTITY OF SALT (Jhnrfj IQQ 
BEEF, ABOUT THREE HUNDRED BARRELS, IN THE CARE OF ^ * 

MOSES CHURCH AND THOMAS WILLISTON, ESQ'RS, IN THE 
TOW^NS OF £^Sr AND WEST SPRINGFIELD, BEING THE PROP- 
ERTY OF THIS COMMONWEALTH. 

Resolved, That the said GhurcJi and Williston be and 
they are hereby directed to deliver to Richard Devens, 
Esq ; Commissary General, or his order, at Springfield, 
the beef alwve mentioned, taking receipt therefor. And 
it is further Resolved, That Richard Devens, Esq ; be and 
he is hereby directed to receive the beef now in the care 
of the said Church and Williston, and dispose of the same 
in such manner as he shall judge most for the advantage 
of this Commonwealth, he to be accountable to the General 
Court for the same, any resolve to the contrary notwith- 
standing. November 1, 1782. 



322 1782. — September Session. 

Chapter 104. 

Chap.104: RESOLVE DIRECTING THE TREASURER TO DISCHARGE THE 
TOWN OF GORHAM FROM THE DEFICIENCY OF ONE MAN, 
AND DIRECTING THOMAS PORTER OF TOPSFIELD TO PRO- 
CURE A MAN IN LIEU THEREOF. 

071 the petition of Thomas Porter cmd Stephen Long- 
fellow : 

Resolved, That the Treasurer of this Commonwealth 
l)e and hereb}" is directed to discharge the town of Lrorliam 
from the deficiency of one man they stand charged with 
upon the resolve of the 2d of December 1780. And in 
order to prevent a deficiency in the quota of men set on 
the town of Topsjield hy the aforesaid resolve, it is further 
Resolved, That Thomas Porter of Tojosjield, one of said 
petitioners, be and hereby is directed and required to 
procure one able bodied man to serve in the continental 
army for three years or during the war, in lieu of the man 
taken from the town of Topsjield and carried to the credit 
of the town of Gorham by the determination of the 
muster-master, and to the acceptance of the continental 
muster-master at Boston, and take his receipt for said 
soldier, which receipt shall he lodged in the Treasurer's 
office on or before the tenth day of December next. And 
in case of neglect or refusal he the said Porter shall forfeit 
and pa}' a fine of eighty Jive pounds thirteen shillings, equal 
to the average price of the men raised agreeable to a resolve 
of the General Court passed the second of December 
1780. And in case of neglect or refusal as aforesaid the 
Treasurer of this Commonwealth is hereby directed to 
issue his execution against the said TJiomas Porter for the 
said fine without delay. November 1, 1782. 

Chapter 105. 

Chap.105 RESOLVE DIRECTING THE AGENT TO SUPPLY CAPT. AAROX 

^ ' HOLDEN WITH CLOTH AND OTHER ARTICLES SUFFICIENT 

FOR A SUIT OF CLOATHS, SAID HOLDEN ENDORSING THE 

AMOUNT OF THE SAME ON ONE OF HIS DEPRECIATION 

NOTES. 

Resolved, That Ccdeb Davis, Esq ; agent for this Com- 
monwealth be and he hereby is directed to supply Capt. 
Aaron Ilolden with cloth and other articles sufficient for 
a suit of clothes, said Holden endorsing the amount of the 
same on the back of one of his depreciation notes that are 
now become payable. November 1, 1782. 



1782. — September Session. 323 

Chapter 106. 

RESOLVE GRANTING £.150 TO EACH OF THE DELEGATES QJiaj) 106 
ELECTED TO REPRESENT THIS COMMONWEALTH IN CON- ^ * 

GRESS. 

WhereaiA the Honourable Samuel Holton, James Warren, 
Nathaniel Gorham, and Stephen lligginson, Esquires, have 
heen duly elected Dele(jates to represent this Commonwealth 
in Congress for one year from tlie first Monday of Nov em- 
ber insta)it. 

Resolved, That One hundred and fifty j)ounds lawful 
money be allowed and paid out of the Treasury of said 
Connnonwealth to each of said Delegates who shall accept 
the trust to which they are severally elected, and paid at 
their departures for Congress, to be accounted for on set- 
tlement for their respective services in the delegation. 

November 1, 1782. 

Chapter 107. 

RESOLVE ON THE PETITION OF JAMES HOWARD, ESQ; Chap.107 

On the petition of James Howard, Esq; in behalf of 
himself, Susanna 7«s wife, and Hartson Coney, setting 
forth that one Nathaniel Hersey of Hallowell, in the 
county of Lincoln, blacksmith, broug]d an action of tres- 
2)ass against them, triable before Joseph North, Esq; a 
Justice of the Peace in that county, on the twenty fourth 
day q/' September A. D. 1781, and that they, not of their 
neglect, but being necessarily prevented from appearing 
thnely to answer to said action, ivere defaidted, lost their 
ap>peal, and judgment was given by said Justice for very 
large damages, and praying for an appeal from the judg- 
ment of said Justice to the Court of Common Pleas to be 
holden at Pownalborough, ivithin and for said county, on 
the first Tuesday 0/ June next: 

Resolved, That the prayer of said petition be granted, 
and that the said James, Susanna and Hartson have leave 
to appeal from the judgment of said Justice to said Court 
of Common Pleas ; and said Justice is hereby directed to 
grant them the same, and a copy of all such proceedings 
as may have been had before him in said action accord- 
ingly. Provided, said Howard notify said Hersey of said 
appeal at least twenty days before the sitting of said 
Court. November 2, 1 782. 



324 1782. — September Session. 

Chapter 108. 

Chan 108 i^e^o^ve on the petition of Lemuel billings, EMrowEU- 

L ING IIIM TO MAKE SALE OF REAL ESTATE MENTIONED. 

Ujoo^i ilie petition of Lemuel Billings, guardian to Ben- 
jamin Billings, a 7)iinor, praying that lie may he enqjoiv- 
ered to make sale of the real estate of said Benjamin, for 
i^easons therein set forth : 

liesolved. That the prayer of said petition be granted, 
and that Lemuel Billings of lioxbury, in the county of 
8uffolk, felt maker, guardian to Benjamin Billings, a 
minor, be and he hereby is authorized and impowered 
to make sale of the real estate of said Benjamin, com- 
plying with and observing the directions of the law for 
the sale of real estates by executors and administrators, he 
the said Lemuel first giving security to the Judge of Pro- 
bate for the county of Suffolk that the proceeds of said sale 
(after deducting the expences thereof) together with inter- 
est therefor, shall be paid said minor when he arrives at 
full age, or otherwise to his satisfaction accounted for, and 
the said Lemuel in his said capacity is hereby empowered 
to make and execute a deed or deeds of said estate to the 
purchaser or purchasers, to hold in fee simple. 

November 2, 1782. 



Chap.Wd 



Chapter 109. 

RESOLVE ON THE PETITION OF THE TOWN OF STOUGHTONHAM^ 
DIRECTING THE TREASURER TO RECEIPT THE CONSTABLES 
OR COLLECTORS OF SAID TOWM THE SUM OF £.30, 4s. 4cl. 

On tJie petition of the town of Stoughtonham, setting 
forth that there is a mistake in the Resolve of the second 
of November last, nuiking abatement to the several towns 
that apj)ear to have been over taxed p)revious to the settle- 
ment of the last valuation; by said Besolve the town of 
Stoughtonham is abated only ninet}^ eight pounds two 
shillings and eight pence, when their just propot^tion 
woidd be one hundred and twenty eight pounds seven 
shillings : 

Therefore, Resolved, That the Treasurer be and he 
is hereby directed further to receipt the constables or 
collectors of the town of Stoughtonham the sum oi thirty 
pounds four shillings and four pence on the hard money 
tax to be paid in bills of the new emission. 

November 2, 1782. 



1782. — September Session. 325 



Chap.llO 



Chapter 110. 

RESOLVE REMITTING A FINE TO THE TOWN OF FITCHBURG 
FOR THE DEFICIENCY OF ONE MAN, 

On the petition of Thomas Cowden, «i behalf of the 
town of Fitchburg, praying for the remittance of a fine 
laid on said town for not procuring one man of the last 
three years men for the Continental Army : 

Resolved, That the prayer of the said petition be so 
far granted, that the execution against the said town of 
Fitchburg, for the deficiency of one man for the last 
requisition of men to fill up the Continental Army, be 
staid until the further order of the General Court, any 
resolve to the contrary notwithstanding. 

November 2, 1782. 

Chapter 111. 

RESOLVE AUTHORIZING THE COMMITTEE APPOINTED TO RE- (JhaD 111 
CEIVE FROM THE ADMINISTRATORS OF THE LATE TREAS- ^ 

URER THE PROPERTY IN HIS HANDS BELONGING TO THIS 
COiMMONWEALTH, TO DESTROY CERTAIN BILLS OF CREDIT 
CERTIFICATES AND NOTES. 

Resolved, That the Committee appointed by a Resolve 
of the 14fh instant to receive from the administrators of 
Henry Gardner, Esq ; late Treasurer of this Common- 
wealth, all such property of this Commonwealth as was 
in the hands of the said late Treasurer Gardner at his 
decease, cCc. are hereby authorized, impowered and 
directed, after having given the proper discharges, to 
consume to ashes the bills of credit issued by this gov- 
ernment, the certificates issued by virtue of a Resolve of 
November the 2d 1781, and the notes that are or may be 
brought in and consolidated, until the further orders of 
this Court. November 2, 1782. 



Chapter 112. 

RESOLVE DIRECTING THE TF.,EASURER TO CREDIT THE TOWN 
OF COHASSET THE AVERAGE PRICE OF ONE MAN OF THE 
LAST REQUISITION OF MEN TO SERVE IN THE CONTINENTAL 
ARMY. 

Whereas it appears that the toivn of Cohasset, by reason 
of its being set too high on the last valuation, has been called 
upon to furnish more than its due proportion of men to 



Chap.112 



326 1782. — September Session. 

serve in the Continental Armij : and luJiereas the said toum 
has prayed for relief in this behalf: 

Resolved, That the Treasurer of this Commonwealth be 
and he is hereby directed and impowered to credit the said 
town of Cohasset the sum of seventy four pounds _one shil- 
ling and three pence, it being the average price of one 
man of the hist requisition of men to serve in the Conti- 
nental Army, together with the penalty for not procuring 
the same, and to proceed against the said town for their 
deficiencies on the said requisition accordingly. And the 
collector or collectors of the said town, who may or have 
collected the said sum, are hereby directed to pay the 
same in to the treasurer of the said town. 

November 2, 1782. 

Chapter 113. 

ChaV 113 I^ESOLVE DIRECTING THE TREASURER TO ISSUE HIS EXECU- 
^ ' TIONS, WITH 5 PER CENT. ADDED, AGAINST ANY CONSTABLE 

OR COLLECTOR AVHO SHALL REFUSE TO PAY RECEIPTS 
DRAWN ON THEM BY THE LATE TREASURER. 

Whereas great inconveniences may arise by the refusal 
of collectors or constables to discount with or pay to indi- 
viduals the amount of receipts given to such iiidividuals by 
the late Treasurer of this Commonwealth in favour of such 
constables or collectors to whose credit they are passed, and 
who have had the benefit thereof in tlieir accounts with the 
Treasurer: 

Resolved, That where any person shall be possessed of 
any such receipt as aforesaid, and the constable or col- 
lector, in whose favour such receipt has been given, shall 
neglect or refuse to pay the sum therein mentioned until 
the first day of December next, if the possessor of such 
receipt shall within forty days from the said first day of 
December present the same to the Treasurer of this 
Commonwealth for payment, the Treasurer shall be and 
hereby is directed to give his receipt therefor, and shall 
immediately issue his execution against such constable 
or collector for the sum mentioned in such receipt, with 
the addition of 5 per cent, from the date of the late Treas- 
urer's receipt, and shall pay the same, both principal and 
interest, to the possessor of such receipt as aforesaid ; and 
in case it shall appear that the constable or collector has 
paid any part of the sum mentioned in any receipt as 



1782. — September Session. 327 

aforesaid, the Treasurer shall issue his execution for such 
part only as shall remain due. 

Ordered, That the Secretary be and he hereby is 
directed to publish the foregoing Resolve in Willis's 
and the Worcester and Sjwingjield news papers. 

November 2, 1782. 



Chapter 114. 

,VE DISCHARGING THE OFFICERS AND SOLDIERS UNDER QliaV-W.^: 
3 COMMAND OF COL. JAMES HUNTER, IN THE EASTERN ^ ' 



RES0L\ 
THE 
DEPARTMENT. 



Resolved, That Col. James Hunter, with the officers 
and soldiers under his command, and stationed in the 
county of Lincoln, be discharged from the service for 
which they were respectively engaged, from and after 
the twentieth day of Novemher instant, and that their 
rolls be made up and paid to that time and no longer. 

November 2, 1782. 



Chapter 115. 

RESOLVE FOR STOPPING ANY FURTHER PROCEEDINGS AGAINST 
THE ASSESSORS OF THE TOWN OF LANCASTER, FOR NOT 
ASSESSING A CLASS FOR RAISING ONE OF THE THREE 
YEARS MEN FOR THE ARMY. 

Whereas by mistake an execution ivas issued hy the late 
Treasurer Gardner against the assessors of the town of 
Lancaster, for not assessing a class for the raising one of 
the three years men for the Continental Army , A.D. 1781, 
and the same is in the hands of the Sheriff of the county 
of Worcester ; and it now appears that said town had 
raised their full quota of said men, and that they had act- 
ually joined the army lohen said execution issued: There- 
fore, 

Resolved, That no further proceedings be had against 
said assessors on that behalf, and that they serve the said 
Sherifl' with a copy of this Resolve, and that he thereupon 
return said execution to Thomas Ivers, Esq ; Treasurer, 
with the said copy annexed to the same. 

November 2, 1782. 



Chap.115 



328 1782. — September Session. 



Chapter 116. 

CJiaV 116 I^ESOLVE ON THE PETITION OF SAMUEL WHITTEMORE AND 
^ ' SAMUEL CHANDLER, IMPOWERING THEM TO MAKE SALE 

OF THE ESTATE MENTIONED. 

On the petition of Samuel Whittemore and Samuel 
Chandler, executors to the last will and testament o/" Samuel 
Chandler, late q/" Gloucester, in the county o/Essex, Clerh, 
deceased: 

Resolved^ That the prayer of the petition be granted, 
and that the executors, in their capacity, be and are here- 
by fully authorized and impowered to make sale of the 
estate in their petition mentioned, for the most the same 
will fetch, and make and execute a good and sufficient 
deed or deeds to the purchaser or purchasers, they observ- 
ing the rules and directioDS of law for the sale of real 
estates by executors or administrators, first giving bond 
to the Judge of Probate for the county of Essex that the 
money arising by the sale shall be applied to the benefit 
of the heirs at law, agreeable to the will of the testator. 

November 2, 1782. 



Chapter 117. 

Chan 117 k-esolve assessing the lands known by the name of 

^' GREEN AND WALKER'S, BY THE TOW^N OF CHARLEMONT, 

EXCEPT, i^c. AND EMPOWERING THE ASSESSORS OF THE 
TOWNS OF CHARLEMONT AND MERRTFIELD IN THIS CASE. 

Resolved, That the lands known by the name of Green 
and Walker^s or Fort Shirley, be assessed by the town of 
Charlemont, except the two tier of lots upon the western 
side, which shall be assessed by the town of Merryfield; 
and the assessors of the towns of Charlemont and Merry- 
field be and hereby are empowered to assess the same 
according to their valuation compared with the lands of 
their respective towns, keeping a separate account of the 
sums so assessed, and the constables and collectors of the 
said towns shall pay the same into the treasury of this 
Commonwealth, taking duplicate receipts for the same 
severally, one of each to be lodged in the Secretary's 
office. November 2, 1782. 



1782. — September Session. 329 



Chapter 118. 

KESOLA'E ON THE TETITION OF JAMES BOWDOIX, ESQ; AND 
OTHERS, DECLARING NULL AND VOID A RESOLVE ABATING 
THE TAX ON HARPSWELL, AND DIRECTING THE ASSESSORS 
OF BOU'DOIXHAM IN THIS CASE. 

Whereas a number of people hare lately settled on a 
tract of land adjoining to and lying icest of Bowdoinham, 
many of u^honi have removed from Harps well, a7id have 
been and are taxable by Bowdoinham : Therefore, 

Resolved, That Uaipsicell be abated j^'ve shillings in the 
thousand of the last valuation, and that the same be added 
to Boii'doinliani; and it being reasonable that Bowdoin- 
ham should have the benefit of the taxes on the polls and 
estates of the said settlers, until a new valuation shall take 
place : Therefore, 

Resolved, That the assessors of Bowdoinham, or the 
major part of them, be and hereby are empowered to lay a 
t;ix, from time to time, on the male polls of the settlers 
on the land aforesaid and their estates, in the same man- 
ner, at the same time, and to collect the same as they shall 
be from time to time authorized to do on the polls and 
estates within the town ol Bowdoinham, by virtue of any 
tax act of the General Court, until a new valuation shall 
take place, or until the further order of the said Court, 
and for that purpose, and that there may be no doubt con- 
cerning the bounds of the said land, it shall be and hereby 
is bounded. Southerly l)y the northerly line of Toj^sham, 
and by the same line continued to the westerly line of the 
Kennebec Purchase from the late Colony oi New Plymouth, 
"Westerly by the said westerly line of the said Purchase, 
Northerly by a line running west north-west from the 
north-easterly corner of Bowdoinham to the aforesaid 
westerly line, and Easterly by Bowdoinham aforesaid. 

Provided nevertheless, that in case any of the settlers 
on the i^aid described land are trespassers, this Resolve 
shall not be understood to encourage or support them in 
such trespass. 

And it is further Resolved, That the Resolve of this 
Court passed in the present session thereof, for making an 
abatement in the tax on Harpswell aforesaid, shall be and 
hereby is declared void, the present Resolve being substi- 
tuted instead thereof; and the Secretary is hereby directed 
to send to the assessors of Bowdoinham an attested copy 
of this Resolve, as soon as may be. November 2, 1782. 



Chap.llS 



330 1782. — September Session. 



Chapter 119. 

ChaV.119 I^ESOLVE ON THE PETITION OF JAMES AVERT, AGENT FOR 
^ THE TOWN OF MACHIAS, EMPOWERING THE COMMITTEE 

FOR METHODIZING PUBLIC ACCOUNTS TO ADJUST THE 
ACCOUNTS MENTIONED. 

On the petition q/' James Avery, Esq; agent for the town 
ofMiichvds,j)rcu/ing that the accounts between said Toion and 
this Commonwealth might he adjusted and settled, and that 
said town might be allowed, in the settlement of said accounts, 
hire for the scJiooner Diligent/br the time she was employed 
by the pidjlic; also that as the money granted by this Court 
on February 1th, 111^, for the relief of the eastern settle- 
ments, sevei'al towns received together and gave joint bonds 
to the Treasurer for the same, that said toivn of Machias, 
after settling for the proportion they received, might be dis- 
charged from the bonds given therefor. 

Resolved, That the Committee for methodizing and set- 
tling the public accounts be and they are hereby empow- 
ered and directed to adjust and settle the accounts between 
this Commonwealth and the. town of Machias, and allow 
therein to the said town the hire of the schooner Diligent, 
during the time she was employed by the public, and to 
charge the said town with only the real sum they received 
of the money granted by this Court on the 7th of Febru- 
ary 1776, for the relief of the eastern settlements. 

November 4, 1782. 



Chap.120 



Chapter 130. 

RESOLVE DIRECTING THE COMMISSARY GENERAL TO PAY TO 
JAMES AVERY THE SUM OF £.34, 3s. 4d. IN MONEY OR 
PROVISIONS, FOR THE USE OF LIEUT. WILLIAM ALBEE, FOR 
BACK RATIONS, AND DIRECTING THE AGENT TO FURNISH 
SEVEN SUITS OF CLOATHS FOR THE SOLDIERS AT MACHIAS. 

JResolved, That the Commissary General of this Com- 
monwealth be and hereby is directed to pay to James 
A-very, thirty four pounds three shillings and four pence, 
in money or provisions, for the use of William Albee, 
Lieutenant of the artillery company at Machias, being for 
ten hundred and twenty-five back rations due to said Wil- 
liam Albee, from the 7th of Deceinber 1779 to the IGth of 
August 1782, at eight pence per ration. And that the 



1782. — September Session. 331 

Agent of this Commonwealth be directed to deliver to the 
said James Avery seven suits of cloaths for the soldiers at 
said Machias, and charge the same to the United States. 

November 4, 1782. 



JOIN WITH Chap.V21 

D LYING IN '■ 



Cliapter 131. 

RESOLVE DIRECTING LEMUEL KOLLOCK, ESQ; TO 
THE FROFRIETOIIS OF A DIVISION OF THE LAN 
THE TOWNS OF OXFORD AND CHARLTOX, IN PURSUING 
THE BEST METHOD FOR ASCERTAINING THE ORIGINAL 
BOUNDS. 

Wliei^eas a division of the land lying in the towns of 
Oxford and Charlton, in the county of Worcester, in which 
the Commonwealth is interested, was attempted in June 
last, hut by reason of the original hounds being demolished 
or lost, said division could not be made : Therefore, 

Resolved, That Lemuel ICoUock, Esq ; agent upon said 
laud, is hereby directed to join with the other pro- 
prietors in pursuing the best method for ascertaining and 
establishing the original bounds, and further to proceed 
agreeable to the powers before granted. 

October 2, 1782. 



Chapter 132. 

RESOLVE ON THE PETITION OF JOHX BUFFIXTOX. 

On the petition of John 'Bxi^nioxi, praying that certain 
dejjositions fled in the clerk's office of the Court of Com- 
mon Pleas for the county o/" Essex, taken to be used in an 
action of trespass concerning the Schooner Lark, in v:hich 
said Buffinton ivas plaintiff and Charles le Ballister v:as 
defendent, may be admitted and used in a trial to be had 
concerning said schooner, between the same parties, agree- 
able to a Resolve of the 1th of iNIarch last, at the Supreme 
Judicial Court begun and held at Salem on the first Tues- 
day q/" November instant: 

Resolved, That the prayer of said petition be so far 
granted, that said Bujfinton be and he is hereby author- 
ized to use in said trial, under the direction of the same 
Supreme Judicial Court, copies of said depositions duly 
attested by said Clerk (who is hereby directed to grant 
the same) and to give the same in evidence to the jury, so 



Chapl22 



332 1782. — September Session. 

far as said court shall judge them pertinent to the issue 
that may l)e joined, any law to the contrary notwithstand- 
ing. November 5 , 1 782 . 

Chapter 133. 

(7Aa7).123 RESOLVE ON THE PETITION OF A COMMITTEE OF THE TO^VlSr 
^ * OF HADLEY. 

On a petition of a committee of the town q/Hadley : 
Whereas it appears that the totons of Westfield and 
Amherst, tliroufjh clerical mistakes, were not taxed their 
due proportion in the last valuation: Therefore, 

Resolved, That in all future taxes there be added to said 
Westfield the sum of two shillings and six^ pence, to said 
Amherst one shilling on each thousand pounds. 

November 5, 1782. 



Chapter 124. 



RESOLVE APPOINTING COL. JABEZ HATCH TO WAIT ON THE 
QUARTER-MASTER GENERAL OF THE FRENCH ARMY, AND 
IMPOWERING THE SELECTMEN OF BOSTON TO PROVIDE 
QUARTERS FOR THE GENERAL AND STAFF OF SAID ARMY. 

Resolved, That Col. Jabez Hatch be and hereby is 
appointed, m the quality of Barrack Master, to wait on 
the Quarter Master General of the French Army, on their 
first entering into this State, at Wrentham, to facilitate 
the quartering of the French troops under the command 
of his Excellency Count de Rochambeau. 

And it is also Resolved, That the selectmen of the town 
of Boston be and hereby are impowered and directed to 
provide convenient quarters for the general officers and 
stafi'of the French Army aforesaid, expected soon to arrive 
in the said town, and that the said Selectmen's accounts 
and Colonel Hatch's accounts be laid l)efore the General 
Court for allowance and payment, and that the United 
States be charged therewith. November 5, 1782. 



Chapl25 



Chapter 125. 

RESOLVE ALLOWING THE ACCOUNTS OF THE TREASURER OF 
THE COUNTY OF PLYMOUTH. 

Wliereas it appears upon examination of the accounts of 
the treasurer of the county of Plymouth, that all monies 



1782. — September Session. 333 

granted and alloived hy the Court of General Sessions of 
the Peace for the said county , for the year 11%1, luerefor 
such purposes and appropriations as the law impoivered 
the said Court to grant: Therefore, 

Resolved, That the said accounts be allowed. 

November 5, 1782. 



Chapter 126. 

RESOLVE ON THE TOWN OF GRANBY'S MEMORIAL, LENGTH- Cha7).126 
NING OUT THE TIME FOR SAID TOWN TO MAKE RETURNS "^ * 

INTO THE SECRETARY'S OFFICE, AGREEABLE TO AN ACT 
PASSED JUXE 1781, TO THE FIRST DAY OF APRIL NEXT. 

Whereas by an act passed in June 1781, entitled an act 
for altering the dividing line betiveen the towns of South 
Hadley and Granby, provision was made that each of the 
ptersons living in said toivns shall have their liberty and 
choice of belonging to either of said towns, as will be most 
agreeable to them, together with their respective estates, pro- 
vided the person so choosing to remove himself or his estate 
from the town where he inhabits, or where his estate lies, to 
the other town, shall make a return of his name or the estate 
so to be removed, into the Secretary's office, on or before 
the first day of J 'duaavy next, therein particularly mention- 
ing the quantity of Ms land, with the boundaries of such 
land and the name of the town to which he vjould have the 
same annexed, which person or his estate so described as 
aforesaid shall from and after the said first day q/" January 
next be considered, to all intents and purj^oses, as belong- 
ing to the town to which the same is subscribed, such person 
or estate being included v:ithin the limits of the other toiun 
notwithstanding. And whereas the inhabitants of the said 
toivns neglected to take the advantage of the above recited 
paragrj:iph in the aforesaid act ivithin the time therein lim- 
ited, and have prayed, by a tnemorial presented to this 
Court, that the time for mahing such returns into the Sec- 
retary'.^ office be lengthned out until the first day of April 
next : 

Resolved, That the time for making returns into the 
Secretary's office, agreeal)le to the l)efore recited para- 
graph, l)e and hereby is lengthened to the first day of 
April next, the above mentioned act to the contrary not- 
withstanding. November 6, 1782. 



834 1782. — September Session. 

Chapter 127. 

Char) V^il RESOLVE ox the petition of aarox holden, in behalf 

-^' OF ANDREW GARRET, NOW A PRISONER IN CANADA. 

On the petition of Aaron Holden, in behalf of Andrew 
Garret, noic a prisoner in Canada, praying that three 
months icages due to the said Garret, may be paid to the 
said Holden : Therefore, 

Resolved, That there be allowed and paid, out of the 
pul)lic treasury of this Commonwealth, to the said Aaron 
Holden, three months wages, that are due to the said 
Andreic Garret, agreeable to a resolve of the General 
Court, of the 7th of March, 1781. The said Holden to 
forward the same to the relief of the said Garret, as soon 
as may be ; he the said Holden to be accountable for the 
same. November 5, 1782. 

Chapter 128. 

CAa79.128 RESOLVE ON THE PETITION OF ZACHEUS FISH, IMPOWERING 
^ ' HIM TO MAKE SALE OF THE LAND MENTIONED. 

On the petition of Zacheus Fish, of Pembroke, in the 
county of Plymouth, guardian to Sarah Hall, a minor, 
praying he may be impoicered to make sale of about eleven 
acres of said minor^s land lying in Kingston, in said 
county, for reasons set forth in his said petition. 

Resolved, That the prayer of the petition, be granted, 
and that the said Zacheus Fish be, and is hereby impow- 
ered, to make sale of the said eleven acres of land, he 
observing the direction of the law for the sale of real 
estates by executors and administrators, and in his said 
capacity to make and execute a good deed or deeds to the 
purchaser or purchasers thereof. November 6, 17S2. 

Chapter 129. 

Chan 129 Resolve directing caleb davis, esq; to pay isaac phil- 

J- LIPS, THREE HUNDRED EIGHTY-FIVE POUNDS V/VE SHIE- 

LINGS, OUT OF THE MONIES HE SHALL RECEIVE IN 
PAYMENT OF DEBTS DUE TO THE LATE BOARD OF WAR. 

On the petition q/" Isaac Phillips, 

Resolved, That Caleb Davis, Esq ; be, and he hereby is 
directed, to pay to the said Isaac Phillips, out of such 
monies as he shall receive in payment of debts due to the 



1782. — September Session. 335 

late Board of War, the sum of tJiree hundred and eighty- 
Jive pounds nine shillings, in full of the balance of his 
account against the said Board of War. 

Xovemher 6, 1 782. 



Chapter 130. 

RESOLVE REPEALING A RESOLVE PASSED APBIL 30, 1782, AFFIX- Ckap.lSO 
IXG THE TIMES FOR HOLDING COURTS OF THE JUDGE OF ^ ' 

PROBATE IN THE COUNTY OF WORCESTER, AND DIRECT- 
ING HIM ANNUALLY TO HOLD HIS COURT ON THE FIRST 
TUESDAY OF EVERY MONTH IN THE TOWN OF WORCESTER, 
AT LANCASTER THIRD TUESDAY OF MAY AND XOVEMBER, 
AT BROOKFIELD FOURTH TUESDAY OF APRIL AND OCTO- 
BER, AT TEMPLETOy THIRD TUESDAY OF APRIL AND OCTO- 
BER, AND AT UXBRIDGE FOURTH TUESDAY OF MAT AND 

XOVEMBER. 

» 

Whereas the holding the Probate Courts in the county 
of Worcester at the times and places mentioned in the 
resolve of the General Court of the thirtieth of April last, 
will be exceeding inconvenient and expensive to the Judge 
and Register of said court, and by holding said courts 
tivice a year in each of those towns ( Worcester excepted) 
the inhabitants may be as well accommodated. 

Resolved, That the aforesaid resolution of the thirtieth 
of April last, be, and hereby is repealed and made void 
to all intents and purposes, and that the Judge of Probate 
of Witls, &c. for said county, be, and he is hereby directed, 
annually to hold his court at the town of Worcester, in 
said count}', on the tirst Tuesday of every month. 

At Lancaster on the third Tuesday oi May and Novem- 
ber. 

At Brookfield, on the fourth Tuesday of April and 
October. 

At Templeton, on the third Tuesday o^ April and Octo- 
ber. 

At Uxbridge, the fourth Tuesday of Jlay and Novem- 
ber. 

And at such convenient places in said towns as the said 
judge for the time being shall appoint. And the said 
Judge is hereby directed to make such appointment as 
soon as may ))e, and shall hold his said courts in manner 
as is herein before appointed. November 6, 1782. 



336 1782. — SEPTEMBr-:Pt Session. 



Chapter 131. 

Chap.131 RESOLVE EMPOWERING THE TRUSTEES OF THE GRAFTON 
INDIANS TO MAKE SALE OF THE LAND MENTIONED, AND 
EMPOWERING /OS£PiI^.4ilO.V TO EXECUTE A LAWFUL DEED 
OF SAID LAND, AND DIRECTING SAID TRUSTEES HOW TO 
APPLY THE MONEY. 

On the jjefition of Joseph Aaron, one of the Grafton 
Indians in the count]/ of Worcestev, 2Jrai/ in g for liberty to 
make sale of a certain piece of land, for reasons set forth 
in his petition. 

Resolved, That the Trustees of the Grafton Indians be, 
and they hereby are impowered, to make sale of about nine 
acres of the said Joseph's land iying in said Grafton, and 
cut off from his other land by a county road, to be sold 
either at public auction or private sale, as said Trustees 
may judge best, and that, the said Joseph Aaron be, and 
he hereby is impowered, to make and execute a lawful 
deed or deeds of the same land to the purchaser or pur- 
chasers thereof. And the said Trustees are hereby directed 
to apply the money coming by the said sale for the sup- 
port of the said Joseph, and in building him a house and 
paying his just debts, said Trustees to be accountable to 
the General Court. November 6, 1782. 



Chapter 133. 

ChaV 132 RESOLVE ON the PETITION OF THE SELECTMEN OF THE*I'OWN 
-^ * OF WASHINGTON. 

On the petition of the selectrnen of the town of Washing- 
ton, j^mym^' ^o be discharged from the tax of one man to 
serve in the Continental Army. 

Whereas it appears to this Court, that some time in the 
month o/" April last, John Morse, an inhabitant of the town 
of Washington, did inlist in behalf of the said town to 
serve as a soldier in the Continental Army for the term of 
three years, and received a large bounty of the said toion, 
and ivas mustered by the muster master at Springfield, but 
has not marched to join the army. 

Resolved, That one of the selectmen of the town of 
Washington present the said John Morse to Capt. Bannis- 
ter, Muster Master at Springfield, in order that he may be 
sent on to camp without delay, and the said muster mas- 



1782. — September Session. 337 

ter is hereby directed to receive the said Morse, and send 
him forward to the Inspector General of the army. And 
that the town of Washington l)e discharged from the said 
tax of one man, and execution therefor be stayed, any 
resolve of the General Court to the contrary notwithstand- 
ing. November 6, 1782. 

Chapter 133. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN (JJinq^ IQ^ 
OF BOSTON, MAKING PROVISION FOR THE OFFICERS OF THE ^^l^'^OO 

FRENCH ARMY, GRANTING FIVE HUNDRED POUNDS. 

On the petition of the /Selectmen of the toivn of Boston, 
praying that means may be devised to enable them to pro- 
vide quarters for General Officers and Staff of the French 
army, agreeable to the orders of the General Court. 

Resolved, That the Selectmen of the town of Boston be, 
and they are hereby directed, to lay their accounts of 
expences for providing quarters for the officers of the 
French army aforesaid, before the Governor and Council, 
who are hereby authorized and requested to examine and 
allow the same, if they shall appear reasonable. And his 
Excellency the Governor with advice of Council, is hereby 
also requested, to issue his warrant on the Treasurer for the 
payment of such accounts which may be allowed as afore- 
said, provided nevertheless the sum shall not exceed ^i/'e 
hundred pounds, to be paid out of any money that may arise 
from the sale of prize goods, and paid into the Treasury of 
this Commonwealth, to be charged to the United States. 

November 7, 1782. 



Chapter 134. 

RESOLVE FOR ADJOURNING THE COURT OF GENERAL SESSIONS 
OF THE PEACE, AND THE COURT OF COMMON PLEAS, TO BE 
HOLDEN AT CAMBRIDGE, IN THE COUNTY OF MIDDLESEX, 
TO THE FOURTH TUESDAY OF DECEMBER NEXT. 

WJiereas it tcill be inconvenient to have the Court of 
General Sessions of the Peace, and the Court of Common 
Pleas, held at Cambridge, in and for the county of Mid- 
dlesex, on the twenty-sixth day of November, current. 
Therefore, 

Resolved, That the said Court of General Sessions of 
the Peace, and Court of Common Pleas, by law to be held 



Chap).l^4c 



338 1782. — September Session. 

at Cambridge, in and for the county of Middlesex, on the 
fourth Tuesday of JSFovemher , current, he adjourned, and 
shall he holden at Cambridge aforesaid, on the fourth 
Tuesday of December next. And that all writs, processes, 
and recognizances, returnahle to, and all appeals made to 
the said Court of General Sessions of the Peace, and Court 
of Common Pleas, appointed hy law to he holden at Cam- 
bridge, and all matters, causes and things that have day, 
or that might have heen had, moved or done at, in, or by 
the said Courts, at the times so appointed for holding the 
same, shall be returnable to and may be entered, pros- 
ecuted, had, moved and done at, in, and by the said Courts 
at the time herein appointed for holding the same. And 
the Secretary is hereby directed to publish this resolve in 
Willis's news paper. November 8, 1782. 



Chap 



Chap 



Chapter 135. 

.135 RESOLVE CALLING UPON THE SELECTMEN OF THE SEVERAL 
TOWNS THROUGH WHICH THE FRENCH ARMY MAY PASS, 
TO AFFORD COL. HATCH EVERY ASSISTANCE IN PROVID- 
ING FOR THEIR CONVENIENCE AND COMFORT. 

Ujjon the request of Jabez Hatch, Esq; Deputy Q. M. 
G. that this Court loould call on the selectmen of the several 
towns in this Commonwealth (through wJtich the army of 
His Most Christian Majesty may pass in their rnarch to 
Boston^ to give him, the said Hatch, every assistance in 
jjrovidi^ig for the necessary comfort and convenience of said 
army, during said march: 

Resolved, That the selectmen of the several towns in 
this Commonwealth, through which the army of His Most 
Christian jNIajesty may pass, in their march to Boston, be 
called upon to manifest that good disposition towards our 
allies, by rendering every assistance to Col. Hatch, in pro- 
viding for the convenience and comfort which the neces- 
sities of said army may require. November 8, 1782. 

Chapter 136. 

235 RESOLVE GRANTING A TAX OF TWO THOUSAND POUNDS FOR 
DEFRAYING THE CHARGES OF THE COUNTY OF SUFFOLK, 
TO BE ASSESSED ON THE INHABITANTS OF SAID COUNTY. 

Whereas it appears from an estimate of the Justices of 
the Court of General Sessions of the Peace for the county 



1782. — September Session. 389 

of Surtblk, iJiat the sum of two thousand pounds ivUl he 
necessar// for defmying the charges of said county, for one 
year next ensuing : 

Therefore Resolved, Tliat there be, and herel)y is p:ranted 
a tax of tu'o thousand pounds, to l)e ap})ortioned and 
assessed on the inhabitants of said county, and estates 
lying within the same ; and collected, paid and applied for 
the use of said county, according to the laws of this Com- 
monwealth. November 8, 1782. 



Chapter 137. 

RESOLVE ALLOW^ING THE ACCOUNTS OF THE COUNTY TREAS- 
URER OF THE COUNTY OF SUFFOLK. 

^VJlereas it appears, iqjon examination of the accounts 
of the treasurer of the county o/' Suffolk, that all the monies 
granted and allowed Ijy the Court of General Sessions of 
the Peace for said county , for the year one thousand seven 
hundred and eighty-one, were for such purposes and appro- 
priations as the law impowered said Court to grant: 

Therefore liesolvcd, That said accounts be allowed. 

November 8, 1782. 

Chapter 138. 

RESOLVE ON THE PETITION OF WILLIAM BURGESS. 

On the petition o/" William Burgess. 

Resolved, That the prayer of the petition be so far 
granted, as that the said Williani Burgess have permis- 
sion to continue in this Commonwealth until his case be 
submitted to Congress, and their determination be had 
thereon, whether a person of his character and views comes 
within the resolve of Congress, respecting the sulyects of 
the King of Great Britain ; provided that the said Burgess 
enter into bonds with the Treasurer, and for the use of 
this Commonwealth, in the sum of ten thousand j^ounds, 
conditioned that he shall not, in any way or manner, say, 
do, or act, anything to the i)rejudice of this Common- 
wealth, or of any of the United States. 

Resolved, That after the said Bi(rge.ss shall have entered 
into such bond, he have, and hereby has, liberty to go to 
Philadelphia, for the purpose of apjjlying to Congress. 

November 8, 1782. 



Chap.137 



Chcq?.138 



3d0 1782. — September Session. 



Chapter 139. 

ChaV 139 RESOLVE on the letters and papers of the HON. ELBRIDGE 
^' GERRY, ESQ; APPROVING HIS RIGHT OF PRIVILEGE AS A 

MEMBER OF CONGRESS, AND DIRECTING THE DELEGATES 
IN CONGRESS FROM THIS COMMONWEALTH. TO ENQUIRE 
INTO THE COMPLAINT, AND TO MAKE STRICT ENQUIRY AS 
TO THE RATES AT WHICH THE SUPPLIES FOR THE ARMY 
HAVE BEEN ESTABLISHED. 

JVJiereas it has been represented to this Court, in several 
letters from Elbridge Gerry, Esq; and the pampers accom- 
panying the same, that by a determination of the honorable 
Congress, he was denied a privilege to ivhich lie was enti- 
tled, as a member of that honorable body, according to their 
own rules and orders: And whereas a complaint of so 
grievous a nature, when founded on such evidence of the 
facts as is contained in the letters and papers referred to, 
demands the serious attention of his constituents, and calls 
for enquiry to be made touching the subject matter of his 
complaint : 

Therefore Resolved, That this Court approve of the 
high sense which Mr. Gerry entertained, of his right of 
privilege as a member of Congress ; and that the delegates 
in Congress from this Commonwealth, be, and they hereby 
are directed, to make necessary enquiries relative to the 
breach of privilege complained of, and such representa- 
tions to Congress in reference thereto, as the importance 
of the subject requires. 

Resolved, That the delegates to Congress from this 
Commonwealth, be, and they hereby are directed, to 
make strict enquiry as to the rates at which supplies for 
the army have been set and established, and the rules 
hitherto adopted by Congress for determining the propor- 
tion of men and supplies required of the several States ; 
and if upon examination it shall appear that they have 
, operated unequally, as has lieen apprehended, and to the 
injury of this State in particular, that they, in the name 
and behalf of this Commonwealth, move in Congress, 
that such inequality be adjusted, and proper allowances 
made therefor ; and that such measures may be adopted 
as eflectually to prevent any such inequality in future. 

October 18, 1782. 



1782. — September Session. 341 

Chapter 140. 

RESOLVE REQUESTING THE GOVERNOR TO ISSUE A BRIEF Chap.140 
TPIROUGH THE SEVERAL TOWNS, &c. WITHIN THIS COM- 
MONWEALTH, RECOMMENDING THE LOSSES AND DISTRESSES 
OF THE INHABITANTS OF CHARLESTOWN; THE MONEY TO 
BE APPLIED FOR THE BUILDING A HOUSE OF PUBLIC WOR- 
SHIP. 

M^tereas the iiiliahitants of the town of Charlestown, 
have petitioned , by ^//e/r prrraVi committee, for a free and 
voluntary contribution through this Commonwealth, to be 
applied for the building a house for the public ivorship of 
God in the said toum: 

Resolved, That the Governor be, and is hereby requested, 
to issue a brief through the several towns and districts 
within this Commonwealth, recommending the losses and 
distresses of the inhabitants of Charlestown, to the serious 
and charitable consideration of the inhabitants of this 
Connnon wealth, and requesting their charitable donations 
in favour of this sufleriug and distressed people, in order 
to enable them to build a house for public worship. 

And it is further Resolved, That the money raised by 
the above contributions, be remitted to JSrathaniel Gorham, 
Es(] ; David Wood, Esq ; Mess'rs. Nathaniel Rand, Isaac 
Mallet, and Joseph Cordis, the present parish committee, 
or either of them, to be by them paid to the Treasurer of 
said parish, and applied to the purpose aforesaid. 

November 8, 1782. 

Chapter 141. 

RESOLVE DIRECTING CERTAIN TOWNS TO MAKE RETURNS OF (jTiaj)'^^ 
THE THREE AND FIVE MONTHS MEN, BY THE RESOLVES OF ^' 

JUNE 15, AND JUNE 30, 1781, INTO THE SECRETARY'S OFFICE, 
BEFORE THE NEXT SETTING OF THE GENERAL COURT. 

^V^lereas this Court is determined, early in the next 
session, to take up the matter of fines and bounties, respect- 
ing th€ soldiers that have been sent into the public sei^ice 
by the several toivns v'ithin this Commoniuealth : And 
u'hereas sundry toivns have made no returns of the five 
and three months men sent into the army pursuant to the 
resolves of the General Court, of June 16, and June 30, 
1781 : Therefore, 

Resolved, That such of the tow-ns in the following list, 
as have sent an}" men into the service, agreeable to the 
above recited resolves, be, and they hereby are directed. 



342 



1782. — September Session. 



to make returns of all such men into the Secretary's office, 
before the next setting of the General Court. And the 
Secretary is hereby directed to publish this resolve in 
Willis's Independent Chronicle, three weeks successively. 
N. B. Such towns as have No. 3 annexed to them, are 
deficient in returns of three months men, and those that 
have No. 5, of five months men. 



Milton . 






5 


Plyinouth 


3 & 5 


Braintree 




5 


Duxbury 


3 


Wrenthani . 




5 


Bridgeioater 


5 


Hull . 




3 & 6 


Plympion 


5 


Foxboro' 




5 


Pembroke 


5 


Salem . 




3 & 5 


Harwich 


3 


Danvers 




5 


Falmouth 


5 & 3 


Neivbury 




5 


Truro . 


5 & 3 


Marblehead . 




3 & 5 


Taunton 


5 


Lynn . 




3 & 5 


Raynham 


5 


Beverly 




3 & 5 


Easton . 


5 & 3 


Rowley . 




5 


Lancaster 


5 


Olocester 




3 & 5 


Spencer 


5 


Tojjsjield 




3 «& 5 


New Braintree 


5 


Manchester . 




3 & 5 


Fitchburg . 


5 & 3 


MidcUeton 




3 & 5 


Royalston 


5 


Charlestown, 




3 «& 5 


Westminster . 


5 


Woburn 




5 


Ashuelet Equivalent 


3 


Netvtoivn 






5 


Plantation No. 7 . 


3 


Marlborough 






5 


York . 


3 


Fraruingham 






5 


Eittery . 


3 


Sherburne . 






5 


Wells . 


3 


Maiden 






5 


Berwick 


3 


Medford 






5 


Arundel 


3 


Eopkinton . 






5 


Pejiperellborough 


3 


Pelham 






3 


Lebanon 


3 


Oreenwich , 






3 


Brownfield . 


3 


Palmer 






3 


Biddejord 


3 


Southwick .... 3 


November S 


, 1782. 



Chapter 142. 

Char).14:2 resolve directing the commissary general to have 

THE POWDER IN THE MAGAZINE AT SALEM INSPECTED, 
AND TO SEND SUCH PART THEREOF AS MAY BE FOUND 
UNFIT FOR SERVICE, TO THE POWDER MILLS AT ANDOVER. 

It being represented to this Court, that there is noio in 
the magazine at Salem, a quantity of unmerchantable poio- 
der, the property of this Commonwealth : 

Resolved, That Richard Devens, Esq ; Commissary 
General, be, and he is hereby directed, to have said 
powder inspected ; and such part thereof as may be found 
unfit for service, to send to the powder mills at Andover, 
to be remanufactured. Novemher 9, 1782. 



1782. — September Session. . 343 

Chapter 143. 

RESOLVE ON THE PETITION OF MERIT ABLE GREENOUGH, EM- QJiaj) 143 
POWERING HER TO MAKE SALE OF THE ESTATE MEN- ^ ' 

TIONED. 

Oil the petition o/^'Mehitable Greenoujih, ividoiv o/" John 
Greenougli, o/' Boston, E.'^q; deceased, praying for licence 
to sell part of the real estate of said deceased, viz. — one 
direlling house in Sudbury Street, Boston, with the appur- 
tenances to it belonging ^ and also said deceased's right in 
tiro small pieces, of unimproved lands, the one lying in 
Welltieet, the other in Fitzburg,yo/' tlte reasons in said 
2)etition mentioned. 

Resolved, That the prayer of said petition ])e granted, 
and that the petitioner be and hereby is empowered, to 
make sale of the abovesaid real estate, for the most the 
same will fetch, and make and execute a oood and lawful 
deed or deeds thereof to the purchaser or purchasers 
thereof, he observino; the rules of the law for the sale 
of real estates by" executors and administrators, first 
giving bond, with sufficient sureties, to the Judge of 
Probate for the county of Suffolk, that the proceeds of 
said sale shall be put to interest, one third for the use 
of the said widow, during her life, and the other two 
thirds, after paying debts and charges, for the use of the 
heirs at law, as they respectively arrive at lawful age ; 
and after the said widow's decease, the whole to be 
divided and paid to said heirs, in legal proportion, if 
they have arrived at lawful age. Provided nevertheless, 
if it shiiil appear hereafter to the Judge of Probate for 
the county of Suffolk, that the interest of said sales is not 
sufficient for the support and education of the aforesaid 
heirs, it shall be in the power of said Judg eto make such 
further allowance as shall appear to him necessary for 
that purpose, out of the principal. November 12, 1782. 

Chapter 144. 

RESOLVE DIRECTING THE PRESENT TREASURER TO DEMAND nhaT) 144 
OF THE ADMINISTRATOR ON THE ESTATE OF THE LATE ^ ' 

TREASURER GARDNER, THE SUM OF THREE THOUSAND 
SEVEN HUNDRED AND FIFTY POUNDS, FOURTEEN SHIL- 
LINGS AND TEN PENCE, FOUND IN THE TREASURY, AND 
TO INDEMNIFY SAID ADMINISTRATOR FOR PAYING SAID 
SUM. 

Whereas it appears, that at the death of the late Treas- 
urer, Henry Gardner, Esq; the sum of three thousand 



344 1782. — September Session. 

seven hundred and fifty pounds, fourteen shillings and 
ten pence, uris found in the treasury of this Common- 
wealth, which sum is now in the hands q/" Joseph Gardner, 
Esq; administrator of the estate of the aforesaid Treasurer: 
And whereas the exigencies of government require, that 
the aforesaid sum be immediately draum out of the hands 
of the said adininistrator , to be disposed of according to 
the directions of this Court: 

Resolved, That the present Treasurer, Thomas Ivers, 
Esq ; be, and he hereby is directed, in behalf of this 
Commonwealth, to demand the aforesaid sura of the said 
administrator, and receive the same into the treasury, for 
the use of government, and to make and sign his receipt 
for the same in his capacity aforesaid. 

And be it further Resolved, That this Commonwealth 
will, in all respects, indemnify the said administrator for 
paying said sum in manner aforesaid ; and if (contrary to 
the expectation of the Court) on the final settlement of 
the accounts between this Commonwealth and the estate 
of the said late Treasurer, it shall appear that the afore- 
said sum was the property of the said Treasurer first 
mentioned, the same shall be refunded to the said admin- 
istrator, with interest. November 9, 1782. 



Chapter 145. 

C7iap,\4:5 RESOLVE ON THE rETITION OF LIEUT. COL. JOHN POPKINS, 
DIKECTING PAYMENT OF HIS SECOND DEPRECIATION NOTE. 

0?! the petition of Lieut. Col. John Popkins. 

Resolved, That there be paid out of the treasury of this 
Commonwealth, the second depreciation note (so called) 
due to, and being the property of Lieut. Col. John Pop- 
kins; said note having the promise of payment in March 
last, for reasons set forth in his petition, any law or 
resolve to the contrary notwithstanding. 

November 9, 1782. 



Chapter 146. 

Chap.l^Q RESOLVE RESPECTING THE EXPEDIENCY OF THE GENERAL 
^' COURT'S ASSEMBLING ON THE LAST WEDNESDAY OF JAN- 

UARY NEXT. 

The committee of both Houses, a])pointed to consider 
the time when it will be expedient for the General Court 



1782. — September Session. 345 

to assem1)le, next after the expiration of the present ses- 
sion, have attended that service, and report as their 
opinion, that it will be expedient for the General Court 
to assemble on the last Wednesday o^ January next. 

November 11, 1782. 

Chapter 147. 

RESOLVE EMPOWERING THE JUSTICES OF THE COURT OF COM- (Jha7).\4n 
. MON PLEAS, FOR THE COUNTY OF LINCOLX, TO PROCEED TO ^' 

THE HEARING OF CERTAIN COMPLAINTS, UPON FORFEITED 
ESTATES IN SAID COUNTY, AS THOUGH THEY HAD NOT 
BEEN DEFAULTED. 

Whereas, in pursuance of the law of this Commonwealth, 
intitled, '■^ An act for confiscating the estates of certain jyer- 
sons commonli/ called absentees," complaints were exhibited 
to the Justices of the Inferior Court of Common Pleas for 
the county q/" Lincoln, on the last Tuesday of September, 
A. D. 1781, against Sylvester Gardner, Charles Callahan, 
John Lee, William Vassal, David Phips, and Charles 
Ward Apthorp, alledging that the lands lately owned by 
them respectively , lying within the same county, luere for- 
feited and escheated: -which complaints were duly continued 
to the then next Inferior Court of Common Pleas, to he 
holden for said county, on the first Tuesday in June, 1782, 
and notifications of the same were duly published according 
to law; at ivhich last mentioned term the same complaints 
ought to have been continued to the last Tuesday of Sep- 
tember then next, but by mistake judgment was then ren- 
dered against them by default, whereby some joersons may 
be deprived of an opportunity of claiming the same: 

Therefore Resolved, That the Justices of the Court of 
Common Pleas for the county of Lincoln be, and they 
hereby are empowered and directed, to proceed in the 
hearing and tryal of said complaints ; and to enter a con- 
tinuance of said complaints the entry of a default against 
them n'otwithstandino- ; and at the term, being the first 
Tuesday of June, A. D. 1783, the same complaints be 
brought forward as continued ; and that any claim to the 
same be received as though the same complaints had not 
been defaulted ; and that the same proceedings shall be 
had on the same complaints as though the same had been 
regularly continued to the said last Tuesday of Septem- 
ber, 1782, and from thence to the 1st Tuesday" of June, 
1783 : and th;it notice of this continuance be published 



346 1782. — September Session-. 

as soon as may be, in the public news papers, and for the 
same length of time as the first notice of the libels against 
such estates is l)y law to be published. 

November 11,1782. 



Chap 



Chapter 148. 

.148 RESOLVE GRANTING THIRTY-SIX POUNDS EIGHTEEN SHIL- 
LINGS, TO WILLIAM BAKER, JUN. 

On the petition of William Baker, jun. praying for 
allowance for services done, as Clerh in the Secretary's 
office, in the recess of the General Court: 

Resolved, That the prayer of the petition be granted ; 
and that there be paid out of the treasury of this Com- 
monwealth, to the said William Baker, jun. the sum of 
thirty-six pounds eighteen shillings, exclusive of nine 
pounds six shillings, which said Baker has already 
received ; all which is in full for his service aforesaid to 
the last of May, 1782. November 11, 1782. 

Chapter 149. 

(7^a».149 ^ GRANT OF TWO HUNDRED AND EIGHTY-FIVE POUNDS TO 
^' THOMAS IVERS, ESQ; FOR HIS SERVICES IN CONSOLIDATING 

GOVERNMENT SECURITIES, AND AS AN ASSISTANT TREAS- 
URER. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to Thomas Ivers, Esq ; 
the sum of tivo hundred and eighty five pounds, in full 
for his service from September 20, 1781, to October 10, 
1782, in consolidating Government securities ; and also 
for his service as Assistant Treasurer, and all extra 
service to the said tenth day of October, 1782. 

November 11, 1782. 

Chapter 150. 

ChaV.150 ^ GRANT OF £.300 TO JOHN AVERY, JUN. ESQ; FOR HIS SER- 
■^' VICES AS SECRETARY TO JUNE, 1782. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth to John Avery, jun. 
Esq ; the sum of Three hundred pounds in full of his 
services as Secretary for one year from June 1st, 1781, 
to June 1 st , 1782. November 11,1782. 



1782. — September Session. 347 

Chapter 151. 

A GRANT OF £.300 TO lilCIIARD DEVENS, ESQ; AS COMMIS- (JJiq/Y) 151 
SARY GENERAL TO JUNE, 1782. ^ ' 

Resolved^ That there be allowed and paid out of the 
trea.suiy of this Commomvealth to Richard Devens, Esq ; 
Commissary General, the sum of Three hundred pounds 
in full for his services for one year, from June 1st, 1781, 
to June 1st, 1782. November 11, 1782. 

Chapter 153. 

RESOLVE ALLOWING EXTRA PAY TO THE PRESIDENT OF THE Char).152 
SENATE AND SPEAKER OF THE HOUSE OF REPRESENTA- ^ * 
TIVES, AND FOR GRANTING £.40 TO EACH OF THE CLERKS 
OF THE GENERAL COURT. 

Resolved, There be paid out of the treasury of this 
Commonwealth to the Honorable Samuel Adams, Esq ; 
President of the Honorable Senate the sum of Five shil- 
lings and eight pence per day, over and above the pay of 
the members, and to the Honorable Nathaniel Gorham, 
Esq ; Speaker of the House of Representatives the sum 
of Five shillings and eight pence per day, over and above 
the pay of the members for every day's attendance during 
the present session. 

And be it further Resolved, That the sum oi forty 
pounds be paid to Mr. William Baker, jun. Clerk of 
the Honorable Senate, and Forty pounds to Mr. George 
Richards Minot, Clerk of the House of Representatives, 
they to be accountable. November 11, 1782. 



Chapter 153. 

RESOLyE GRANTING £.150 TO EACH OF THE DELEGATES WHO 
MAY PROCEED TO CONGRESS DURING THE RECESS OF THE 
GENERAL COURT. 

Whereas a resolve passed the present session of this 
Court directing the treasurer of this Commonwealth to 
pay each of the delegates lolio may he going to Congress, 
One hundred and tifty pounds. 

Resolved, That the said Treasurer be, and he hereby is 
further directed to pay the said sum of One hundred and 
ffty jjounds to each of the delegates who may proceed 
to Congress during the recess of the Court, out of any 
monies which may be in the treasury, any act or resolve 
to the contrary notwithstanding. November 11, 1782. 



Chap.l5S 



348 ' 1782. — September Session. 



Chapter 154. 



Chap 



.154 



Cha2).155 



RESOLVE DIRECTING THE TREASURER TO PAY TO THE MEM- 
BERS OF THE COUNCIL AND MEMBERS OF THE GENERAL 
COURT TWO THIRDS OF THE SUM THAT SHALL APPEAR 
DUE TO THEM UPON THE PAY ROLLS OF THE PRESENT 
SESSION, AND ALSO THE LIKE PAYMENT TO THE COMMITTEE 
ON ACCOUNTS. 

Resolved, That the Treasurer of this Commonwealth 
be, and hereby is directed to pay to the members of the 
Council and the members of the General Court, Tico 
thirds of the sum that shall appear due to them upon 
the pay rolls the present session from out of the money 
that is now in the treasury, excepting the monies arising 
by the continental tax and the excise, and also the like 
payment to the committee on accounts. 

November 11, 1782. 

Chapter 155. 

RESOLVE ON THE PETITION OF LIEUT. AAROJV HOLDEN. 

On the petition of Lieut. Aaron Holden, praying that 
in consideration of his service as an officer of the Massa- 
chusetts line of the army, and of the losses he has sustained, 
and the hardships he has suffered in a long and painful 
captivity in Canada, he may receive out .of the p)uhlic 
treasury the amount of a Forty eight pounds nine shillings 
and nine pence note, issued to him for wages, to enable 
him to discharge a debt which he contracted for necessaries 
while in captivity. 

Resolved, That the prayer of the petition be granted, 
and the treasurer of this Commonwealth be, and he hereby 
is directed to receive of the said Aaron Holden, a Forty 
eight pound nine shillings and nine pence, note, issued to 
him for wages, for his service in the army, and to pay 
him the amount of the said note out of the public Treas- 
ury. ' November 11, 1782. 

Chapter 156. 

C^a«.156 RESOLVE ON THE MEMORIAL OF EBENEZER WALES, ESQ. AND 
' * CAPT. AMASA DAVIS, LATE COMMITTEE OF SUPPLIES, DIS- 

CHARGING THEM FROM CERTAIN SUMS OF MONEY, AND 
GRANTING THEM £.892 4 5 BEING THE BALLANCE DUE TO 
SAID COMMITTEE. 

On the memorial of Ebenezer Wales and Amasa Davis, 
late committee of supplies , pray ing for an additional allow- 



1782. — September Session. 349 

ance for their services for reasons set forth in the said 
inemorial, and also on the rejwrt of the committee for 
methodizing the piddic accounts, who have examined the 
accounts of the said Wules and Davis. 

Resolved, That Ebenezer Wales and Amasa Davis, late a 
committee of supplies, be, and they hereby are dhscharged 
from the sum of Fortij-three tJiousiand three hundred and 
twelve pounds eight shillings and five pence, continental 
currency, which sum remained to be accounted for in 
their former settlement of April 26, 1781. And for the 
sum of Twenty-three thousand four hundred and twenty- 
nine i^ounds three shillings and tv;o jpence, new emission, 
drawn out of the treasury by warrants since the settle- 
ment aforesaid : also from the sum of Sixteen thousand 
seven hundred and seventy-eight pounds tivelve shillings 
and six pence, specie, drawn out of the treasury as afore- 
said, and likewise from the sum of Four thousand nine 
hundred and eighty -eight pounds twelve shillings and eleven 
pence, specie, being the amount of the certificates they 
gave to sundry persons for articles of clothing they 
received on loan, agreeable to the orders of the General 
Court, the treasurer was to give his securities in behalf 
of this Commonwealth : also, from the sum of Ten thou- 
sand eight hundred and seventeen pounds ten shillings and 
four pence, specie, l)eing the amount of goods they received 
from the Honorable Thomas Gushing, Esq ; chairman of the 
committee of foreign atFairs ; also from the sum of Eight 
hundred and ninety-two pounds fifteen shillings and eleven 
pence, specie, the amount of goods they received from 
the late Board of War. 

They having accounted for the expenditure of the sev- 
eral sums before specified, and also the application of all 
the artfcles purchased or received in behalf of this gov- 
ernment. 

And it is further Resolved, That there be allowed, and 
paid out of the public treasury to Ebenezer Wales and 
Amasa Davis, the sum of Seven hiindred and ninety-two 
2)ounds four shillings and five pence, specie, ballance due 
to them per certificate from the committee for methodiz- 
ing accounts. 

Also, a further sum of One hundred pounds , the whole 
sum amounting to Eight hundred and ninety-tivo pounds 
four shillings and five 2)ence, which is in full for the bal- 
lance due to the said committee on the settlement of their 



350 1782. — September Session. 

accounts, including their commissions, and for interest 
they have paid, which was not charged in their account. 

Further Resolved, They pay into the treasury of this 
Commonwealth One hundred and five pounds twelve shil- 
lings of the new emission of other states, money they 
received of the treasurer, and could not pass, taking 
duplicate receipts for the same, one of which to be lodged 
in the Secretary's office. November 11, 1782. 



Chap 



Chap 



Chapter 157. 

.157 RESOLVE FOR ALLOWING TEX SHILLmOS PER DAY TO EACH 
OF THE COMMITTEE EMPLOYED IN AUDITING AND EXAMIN- 
ING THE ACCOUNTS OF THE TREASURY. 

Resolved, That Ten shillings per day, be allowed and 
paid out of the treasury of this Commonwealth, to Ben- 
jamin .Austin, Richard Granch, and Samuel Barret^ 
Esqr's, respectively, for every day they have been or 
shall be employed in auditing and examining the accounts 
of the treasury ; and that the same be in full for their 
services, and the said committee are hereby directed to 
lay their accounts before the General Court for examina- 
tion. November 12, 1782. 

Chapter 158. 

.158 RESOLVE ON A LETTER FROM LORD STERLING, REQUESTING 
THE GOVERNOR TO ISSUE HIS ORDERS TO THE COMMANDING 
OFFICER OF THE COUNTY OF BERKSHIRE, TO DETACH FROM 
HIS BRIGADE ONE THOUSAND MEN, PROPERLY OFFICERED; 
THE COMMANDING OFFICER OF THE COUNTY OF HAMPSHIRE, 
FIVE HUNDRED MEN, AND TO HOLD THEMSELVES IN READI- 
NESS TO MARCH ON THE SHORTEST NOTICE FROM THE CON- 
TINENTAL COMMANDING OFFICER AT ALBANY. 

Whet^eas his Excellency the Governor has communicated 
to the General Gourt a letter from Major General Lord 
Sterling, and other papers accompanying the same, ivhich 
render it probable that the enemy have designed to destroy 
Albany and make incursions into that territory called Ver- 
mont : Therefore 

Resolved, That the Governor l)e, and hereby is requested 
to issue orders that the commanding officer of the county 
of Berkshire detach from his Brigade One thousand men, 
with suitable officers to command the same, also that the 
commanding officer of the county of Hampshire detach 



1782. — September Sessiox. 351 

from the brigade under his command, five hundred men, 
with proper officers to connnand the same, to be duly 
armed and accoutred, and to hold themselves in readiness 
to march with three days provisions on the shortest notice 
from the continental commanding oflicer at Albany to 
Saratoga, or such other place as he shall direct. 

And that the Governor l)e also requested to issue orders 
that the whole of the militia in the aforesaid counties be 
armed and equipt as the law directs, and to inform Lord 
Sterling of the measures that have been taken in conse- 
quence of the informtition received from him. 

November 11, 1782. 

Chapter 159. 

RESOLVE, DIRECTING THE COMMITTEE APPOINTED TO OUR Chap.159 
PUBLIC DEFAULTERS, TO RECEIVE OF THE HEIRS OF BICH-- ^ ' 

ARD DERBY, ESQ; THE BALLANCE WHICH APPEARS TO BE 
DUE FROM HIS ESTATE IN GOVERNMENT SECURITIES. 

Whereas in settling public accounts tuitJi Richard Derby, 
jun. Esq; a ballance was alloived to him of one thousand 
three hundred and eighty-eight pounds, tvhich he received 
in government securities. And Whereas, it was afterwards 
found, that no such ballance was due to said Derby. 

Therefore, Resolved, That the said Committee appointed 
to sue public defaulters, be, and they are hereby impow- 
ered and directed to receive of the heirs of the said Rich- 
ard Derby, }un. Esq; (since deceased) his executors or 
administrators, the ballance which now appears to be due 
from his estate to this Commonwealth, in the said govern- 
ment securities. November 12, 1782. 

Chapter 160. 

RESOLVE, EMPOWERING ELIAS HASKELL AND REBECKAH HAS- (J/ifij) ^60 
KELL, TO MAKE SALE OF THE REAL ESTATE MENTIONED. ^ ' 

On the petition q/Elias Haskell and Rebeckah Haskell, 
praying for licence to make sale of certain real estate in 
their petition mentioned for the 7'easons therein set forth. 

Resolved, that the prayer of the said petition be 
granted, and that the petitioners be, and hereby are 
impowered to make sale of the real estate mentioned 
in their petition, for the most the same will fetch, and 
make and execute a good and lawful deed, or deeds of 
the same to the purchaser, or purchasers of said estate. 



352 1782. — September Session-. 

They the said Ellas and ReheckaJi, observing the rules of 
the law for the sale of real estates by executors and admin- 
istrators, first giving sufficient bond with sureties to the 
Judge of Probate for the county of Worcester, that the 
proceeds of said sale shall be applied for the discharging 
the debts of Ezekiel Haskell late of Bolton, deceased, and 
the overplus, if any there be, shall remain, one third for 
the use of said deceased's widow, during her life, and the 
other two thirds for the use and benefit of the heirs at law 
to the said Ezekiel, be paid them when they shall arrive 
at lawful age, in the proportion by law provided for the 
distribution of intestate estates. November 12, 1782. 

Chapter 161. 

C7iap.l61 RESOLVE, ON THE PETITION OF THE TOWN OF WORTHINGTON, 
DIRECTING THE TREASURER TO SUSPEND ISSUING HIS EXE- 
CUTIONS AGAINST THE CONSTABLES OF SAID TOWN FOR THE 
TAX OF MARCH LAST, AND REQUESTING THE GOVERNOR TO 
WRITE TO CONGRESS UPON THE SUBJECT OF OBTAINING 
PAY FOR TEAMS, &c. THAT AGREED IN 1781. 

On the 'petition of the toivn of Y^ ovih.mc[Xow praying for 
relief of the said town on account of the extraordinary 
service rendered the United States hy said town in supply- 
ing the D. Q. M. G. with a number of Teams, Drivers, 
and Artificers, in the year 1781. 

Resolved, That the treasurer of this Commonwealth be, 
and he is hereby directed to suspend issuing his execution 
against the constables of said town for the continental 
Tax of March last, until the next sitting of this Court, 
and his Excellency the Governor is requested to write to 
Congress upon the subject of obtaining pay for tlie team- 
sters and artificers that served in the Continental Army in 
the year 1781, under the contracts of Jabez Hatch, Esq ; 
D. Q. M, G. November 12, 1782. 

Chapter 163. 

(7Art7).162 RESOLVE REQUESTING THE GOVERNOR TO WRITE TO THE 
^ ' GOVERNORS OF RHODE ISLAND AND CONNECTICUT, UPON 

THE SUBJECT OF A RESOLVE PASSED THIS DAY TO PREVENT 
THE ENEMY FROM BEING SUPPLIED WITH PROVISIONS. 

Resolved, That his Excellency the Governor be requested 
to write immediately to the Governors oi Rhode Island and 
Connecticut, acquainting them of the resolve passed the 



1782. — September Session. 353 

General Court this day for the prevention of provisions 
going out of this state for the purpose of supplying the 
enemy, and to request of them, the Governors aforesaid, 
that similar measures may be taken by the states over 
M'hich they preside for the like purposes. 

November 12, 1782. 

Chapter 163. 

RESOLVE, PERMITTING THOMAS IVERS, ESQ; TREASURER, TO QJin^ IgQ 
TAKE POSSESSION OF THE HOUSE LATELY OCCUPIED BY ^ * 

HEXnr GARDXER, ESQ; LATE TREASURER, DECEASED, AND 
EMPOWERING THOMAS DAWES, ESQ; TO MAKE THE NECES. 
SARY REPAIRS. 

Resolved, That Thomas Ivers, Esq ; treasurer of this 
Commonwealth, be, and hereby is permitted to take pos- 
session of that part of the House, belonging to this Com- 
monwealth, Avhich was occupied by the late treasurer, 
IJennj Gardner, Esq ; whenever the widow of the said 
Gardner shall move trom the same. 

Resolved further. That Thomas Daiuex, Esq ; be, and 
hereby is impowered to make such repairs in the roof ot 
said house and alterations in the rooms improved by the 
treasurer as an office, as he shall judge necessary, at the 
expense of the Commonwealth. November 12, 1782. 



Chapter 164. 

RESOLVE GRANTING £,.QQ 13 4 TO THOMAS FOSTER, KEEPER 
OF THE POWDER HOUSE, AND DIRECTING THE COMMISSARY 
GENERAL TO DISPOSE OF SEVEN HUNDRED WEIGHT OF 
POWDER. 

On the petition q/" Thomas Foster, keejjer of the powder 
house, setting forth that there is a balance due to him (on 
a warrant granted in September 1780) o/"One hundred and 
eight pounds of the new emission money, equal to Fifty- 
seven pounds twelve shillings, specie, and praying that 
provision may be made for tJte payment thereof, and that 
his services from the first of October 1780, be taken into 
consideration. 

Resolved, That there be paid out of the public treasury 
of this Commonwealth to Thomas Foster, keeper of the 
powder house, the sura of Sixty-six pounds thirteen shil- 
lings and four pence, which shall be in full for his services 



Chap.164: 



354: 1782. — September Session. 

as keeper of the powder house in Boston, from the first of 
October 17^0, to the first oi June inst. 

It is further Resolved, That Richard Devens Esq ; Com- 
missary General be, and he hereby is directed to dispose 
of seven hundred weio;ht of powder, and pay the money 
arising therefrom, into the public treasury of this Common- 
wealth, taking duplicates for the same, one of which to be 
lodged in the Secretary's office, the money so paid shall 
be appropriated for the payment of Thomas Foster, as 
aforesaid. November 12, 1782. 

Chapter 165. 

Choil 165 RESOLVE, ON THE REPRESENTATION OF JAMES LOVELL ESQ; 
-i RECEIVER OF THE CONTINENTAL TAX IN THIS COMMON- 

WEALTH. 

On the representation q/" James Lovell, Esq; receiver of 
the continental tax in this Commonwealth. 

Ordered, That the Treasurer of this Commonwealth 
immediately call on the several constables and collectors 
of the first moiety of the Continental Tax, (l)y an adver- 
tisement in three of the Boston and the Worcester and 
Springfield news papers) to pay the said tax without 
further delay, it being absolutely necessary for the public 
safety. 

Also Ordered, That the said treasurer issue his execu- 
tions against all constables and collectors of the said tax 
who shall not pay in the one half of the sums committed to 
them respectively to collect by the first day of January 
next, and to send executions for such of the remaining half 
as may remain due on the first day of February next. 

Novemher 12, 17 S2. 



Chapter 166. 

Clian 166 resolve, on the petition of asa barxes and others, 

"' REPRESENTATIVES FROM THE COUNTY OF BERKSHIRE, 

APPOINTING A COMMITTEE TO REPAIR TO SAID COUNTY 
FOR THE PURPOSES MENTIONED, AND DIRECTING THE 
COMMITTEE TO EXHIBIT THEIR ACCOUNTS FOR ALLOWANCE. 

On the ptetition of Asa Barnes, aiid others, representa- 
tives from the county o/" Berkshire. 

Resolved, That the prayer of the petition be granted, 
and that the Honoraljle Charles Turner, and Aj'temas 



1782. — September Session. 355 

Ward, Ef^([Vii, and Jo/oi Sjjrayue, Esq ; be a committee to 
repair to said count}' of Berk.Hhire, take a general view of 
it, and determine where the courts shall be held in future. 
And that said committee serve the several town clerks in 
that county with a copy of this resolve, and notify them 
of the times and places of their attendance on this service, 
and make report to this General Court. 

And it ifi further Resolved, That said committee exhibit 
their accounts to this court for allowance and payment, 
and that the same be charged to that county in the next 
state tax. November 12, 1782. 

Chapter 1G7. 

RESOLVE FOR MAKING PARTITION OF THE LANDS IN THE C/iaV.lGl 
COUNTY OF YORK, IIOLDEN UNDER BRIDGET PHILLIPS ^ ' 

BETWEEN THE COMMONWEALTH AND THE PROPRIETORS^ 
CONFIRMED BY A LATE ACT OF THE GENERAL COURT, AND 
APPOINTING A COMMITTEE FOR THAT PURPOSE. 

Whereas certain persons called conspirators and absen- 
tees, were tenants in common of certain undivided lands 
h/inf/ i}i the county of York, icith certain other persons 
claim in(i the same under William Phillips and Bridget 
Phillips, which said lands, hy an act of this Common- 
wealtli, have been confirmed to the said persons claiming 
under the said William and Bridget Phillips, saviiig to the 
said Commonwealth their right and claim in and to said 
lands, accruing by virtue of the forfeiture of the estates of 
the said conspirators and absentees. And ivhereas the said 
proprietors under William and Bridget Phillips aforesaid, 
are desirous that partition sliould be made of said lands, 
and to hold their respective p)roportions and parts of said 
land in severalty and separate from that part of said land 
that has or may be vested in this Commomvealth , by virtue 
of the claims of the said conspirators and absentees. 

Resolved, That the Honorable Benjamin Ohadbourne, 
David Seicall, and JVathaniel Wells, Esq'rs ; be, and 
hereby are on the part of this Commonwealth, appointed 
a committee to join with such committee as are or ma}' be 
ai)pointed by the said pro})rietors on their part, and duly 
authorized in making partition of llie lands confirmed l)y 
said act, and laying within the following limits, viz. begin- 
ning at the north corner of Sanford, which corner may 
l>e ascertained by a line running south-west and north-east, 



356 1782. — September Session. 

through n certain small pond, called Beaver hill Pond, and 
from the said north corner of Sanford thus ascertained, to 
run north-west about eight miles to little Ossapee River, 
then by said river including half of the same as the said 
river runs, to 8aco River, then by said Saco River to the 
head line of Biddeford, then by the head line of the town- 
ships of Biddeford and Arundel, to the east corner of said 
Sanford, as it was originally laid out by the name of Phil- 
lipstown, to the north corner thereof, being the boundary 
first mentioned, and the said committee appointed on the 
part of the Commonwealth, are hereby empowered, in 
conjunction with the said committee on the part of the said 
proprietors, to set off to said parties, by metes and bounds, 
their respective rights and shares in the premises to hold 
in severalty. 

And Whereas, in order to i^ender the said partition co7?i- 
pleat and effectual in law, it may he necessary to mahe and 
execute a deed or deeds of partition, division, release or 
quit claim. 

Therefore resolved. That the said Committee on the part 
of the Commonwealth, or any two of them, be, and hereby 
are fully impowered in the name, and behalf of the said 
Commonwealth, to join with the said committee on the 
part of the said proprietors in making, and duly executing 
according to law, a deed or deeds of partition and division 
of the premises, or in case the said Committees should judge 
it most convenient to make partition of the premises, by 
making and executing a deed, or deeds of release and quit 
claim, then the said Committee, on the part of this Com- 
monwealth, are hereby, in the name and behalf of this 
Commonwealth, fully authorized and empowered to make, 
and duly execute according to law, a deed or deeds of 
release and quit claim, to such part or parts of the prem- 
ises, as they shall agree to be set off to the said propri- 
etors, to hold in severalty, and to receive similar deeds 
from the said Committee of the said proprietors. And 

/;; is farther resolved. That all deeds of partition, divi- 
sion, release, or quit-claim, which shall be made, and duly 
executed by virtue of this resolve, and according to the 
true intent and meaning thereof, shall be considered as 
valid and etiectual in law to all intents and purposes, as 
any deeds of portion, division, release, or quit claim, 
made, and duly executed according to law, by or between 
any parties whomsoever. And 



1782. — September Session. 357 

It is further resolved, Th;it tlie said Committee on the 
part of this Commonwealth, be, and hereby are directed 
to cause all deeds in favor thereof, relating to the prem- 
ises, to be recorded by the Register of the county of Yorh, 
with the records of said county, and then (ilcd in the 
Secretary's ofHce, and the said Committee, after having 
compleated the business of their commission, are , hereby 
directed to lay their accounts of time and expence before 
the (loneral Court for examination, allowance and payment. 

November 12, 1782. 

Chapter 168. 

RESOLVE, EMPOWERING THE TREASURER TO APPOINT NECES- (JJi^jj \QQ 
SARY CLERKS, WHO ARE TO BE SWORN TO THE FAITHFUL ^ ' 

DISCHARGE OF THEIR OFFICE. 

Whereas it is absolutehj necessary that several clerks 
should be employed in the treasury office of this Common- 
irealfh, and that their conduct should he regulated by tJie 
strictest rules of honesty and fidelity, and thejyroper instruc- 
tions of the treasui'er. 

Resolved, That the treasurer of this Commonwealth be, 
and he hereby is impowered to appoint necessary clerks, 
to 1)0 ])aid by the said Commonwealth, for whose conduct 
he shall l)e responsible. And every clerk so appointed 
1 )efore he be suffered to officiate as such , shall before some 
Justice of the Peace take the following oath. 

\ A. B. do solemnly swear that I will execute the office 
of a Clork in the Treasury office of this Commonwealth of 
Massachusetts, honestly and faithfully, according to m}^ 
best skill and knowledge, duly attending to the regulations 
of my said office so long as I shall continue clerk as afore- 
said. — And the Justice administering said oath, shall 
certify and lodge a copy thereof in the Secretary's office 
of the Commonwealth aforesaid. November 12, 1782. 

Chapter 169. 

RESOLVE, DIRECTING THOMAS IVERS, ESQ; TREASURER, HOW (JhaV 169 
TO PROCEED WITH RESPECT TO DUE BILLS GIVEN BY THE ^ * 

LATE TREASURER. 

Whereas it appears that the late Treasurer, Henry Gard- 
ner, Esfj : instead of paying the whole contents of certain 
irrtrrants and legal deinands on the treasury, did in many 
instances, sign and issue divers notes or certificates, com- 



358 1782. — September Session. 

monly called due bills, as hallance due from the treasury 
as aforesaid, and took discharges in full of such ivarrants 
and demands. And whereas it is the design of this Com- 
monwealth to do justice in every res])ect touching the j)rem- 
ises. 

Resolved, That the Treasurer of this Commonwealth, 
be, and he hereby is directed to pay the contents of such 
due bills to the possessors, in like manner as they might 
have been paid, had they still remained due on such 
original warrants or demands. Provided always, that 
such due bills to be paid as aforesaid, do in the opinion of 
said treasurer, and the administrator of the late treasurer 
or his attorney, appear genuine, and given for the pur- 
poses aforesaid. And no action shall be brought whereby 
to charge the administrators of the said Gardner with the 
payment of any such due bills out of the said Gardner's 
estate, unless the same be rejected by the said treasurer, 
and the said administrator, or his attorney, as not being 
genuine or not given for the purpose aforesaid. And the 
said treasurer is hereby directed to charge the estate of 
the late treasurer with the amount of the due bills so paid. 

November 12, 1782. 



Chapter 170. 

Chap.VIO RESOLVE DIRECTING THE COMMISSARY GENERAL TO PROCURE 
* A QUANTITY OF BEEF AND PORK AND GRANTING HIM 

£.4000, AND APPOINTING A COMMITTEE TO MAKE SALE 
OF THE SHIP TARTAR, AND TO PROCURE A SUITABLE VES- 
SEL TO GUARD THE COAST, AND REQUESTING THE GOV- 
ERNOR TO CONTINUE THE CRUISE OF THE SLOOP WINTHROP. 

Resolved, That Richard Devens, Esq ; Commissar}'" 
General be, and he is hereby directed to procure and put 
up (on the most reasonable terms in his power) five hun- 
dred barrels of pork, and five hundred barrels of beef, for 
the use of this Commonwealth. Also 

Resolved, That there be allowed and paid out of the 
treasury of this Connnonwealth to RicJiard Devens, Esq ; 
Commissary as aforesaid. Four thousand jmiuuls, to enable 
him to procure the provisions by this resolve directed, he 
to be accountable for the expenditure of the same. One 
thousand pounds of the above sum to be paid out of any 
money that now is or may be in the treasury, and not 
otherwise expressly appropriated, and the other three 



1782. — September Session. 359 

thoiisiuid pounds out of tlic next tux that may be granted 
for the use of this Conmionwoalth. 

A7ul whereas the .s7i</> Tartar is noiv arrived in the har- 
bour of Boston, and the season is so far advanced that it is 
not ex2)edienl to fit her out again at present^ therefore^ 

liesolved, Tliat the agent of this Commonwealth, I)e, 
and he is hereb}' directed tg give orders that the said ship 
])e liauled to some safe place, and together with her stores 
properly secured, and the officers and men now' belonging 
to her innnediately discharged, except such as he may judge 
necessary to take care of the shij), while she remains the 
property of this Commonwealth. 

And it is further Resolved, That Caleb Davis, Thomas 
Dan-OS, and Samuel Alhjne Otis, Esq'rs ; l)e, and they hereby 
ai"e api)ointcd a committee authorized and directed to make 
sale of the ship Tartar, together with her guns and stores, 
or such })art thereof, as they shall judge best, provided 
they can obtain such a sum as they may judge will be for 
the interest of government to take. And in case the said 
ship is sold, the committee aforesaid are hereby directed, 
to pay the proceeds to the Treasurer of this Common- 
wealth, and take duplicate receipts for the same, one of 
which to be lodged in the Secretary's office, and also to 
report their proceedings to the General Court. 

And icJiereas it is necessary that some additional naval 
force should be provided, in case the ship Tartar is sold: 

Resolved, That the said committee be directed to pro- 
cure, by purchase, on the most reasonable terms in their 
power, a suitable vessel to guard the coast, to mount from 
twelve to sixteen guns, and have her ready for sea by the 
first day of March next. 

And to enable the said committee to procure the vessel 
above directed : 

Resolved, That there be paid to them, out of the public 
treasury, the sum oi fifteen hundred pounds, out of the 
money arising from the sale of the ship Tartar; the 
remainder of the said money to remain for the further 
order of the General Court. 

And it is further Resolved, That his Excellency the 
Governor be requested to order the sloop Winthrop to 
continue her cruize on the coast of this Commonwealth, 
for the |)rofe(dion of the trade thereof, so long as the 
season will admit of her being serviceable for the said [)ur- 
pose ; after which to be hauled up until the season may 



360 1782. — September Session. 

admit of her being employed in company with the vessel 
l>efore directed to be purchased or obtained for the pro- 
tection of the trade of this Commonwealth. 

November 12, 1782. 

Chapter 171. 

Chap.VJl RESOLVE DIRECTING MR. JOHN LUCAS, TO MAKE OUT AND 
TRANSMIT TO CONGRESS, A REGULAR REPORT OF ALL HIS 
DOINGS, AS CONTINENTAL COMMISSARY OF PENSIONERS. 

Upon the 7nemorial of J ohn Lucas, Commissary of Pen- 
sioners : 

Resolved, That the memorialist be, and he is hereby 
directed, forthwith to make out and transmit to the Sec- 
retary of Congress, a fair and regular report of all his 
doings as Continental Commissary of Pensioners, agreeable 
to a resolve of Congress, dated August 26, 1776, includ- 
ing an account of all monies which he hath from time to 
time received out of the treasury of this Commonw^ealth, 
for the purpose of paying pensions on the Continental 
establishment, together with an account of his services in 
said capacity, in order to the obtaining allowance and 
payment for the same ; and that he also lay an account of 
such monies as he hath paid to Continental pensioners, 
before the committee for methodizing public accounts, in 
order that the same may be charged to the United States, 
agreeable to the before mentioned Resolve, of the 2()th 
August, 1776. 

And be it further Resolved, That the said memorialist 
lay his account of services by him performed, as Commis- 
sary of Pensioners of this Commonwealth, l)efore the Gen- 
eral Court, in order for examination, allowance and 
payment : And that he also, at the same time, exhibit an 
account of all monies by him received and paid from time 
to time, as Commissary of Pensioners for this Common- 
wealth, in order that the same may be settled and adjusted. 

November 12, 1782. 



ChapA72 resolve for crediting the town of ward, with the 

^' SUM OF ONE HUNDRED PC 



Chapter 173. 

[IE TOWN ( 

POUNDS, ON THE NEXT STATE 
TAX. 

Whereas it appears to this Court thai the town of \A"ard, 
by means of a mere mistake in calcidation of the valuation 



1782. — September Session. 361 

0/ said toivn, are taxed in the Act issued in October last, 
sixty pouiuls, above their due pvojwHion, Wceivise forty 
pouiuls in the first moiety of the Continental Tax issued 
last March : 

Therefore Resolved, That the said town of Ward ho, 
creditod said sum o^ one liundred jiounds on the next State 
Tax that may be apportioned on said town. 

November 12, 1782. 

Chapter 173. 

RESOLVK ON THE PETITION OF THE TOWN OF WARD, EXCUS- (Jhan.Yl^ 
ING THEM FROM RAISING ANY MORK THAN TWO MEN, THE ^ ' 

RESOLVE OF THE 7th MARCH NOTWITHSTANDING. 

Whereas by a resolution of the General Court on the Itli 
o/" March last, three men were set to the town of Ward, as 
their quota of fifteen hundred to fill up the Continental 
Army at that time; hut soon after, a mistake being dis- 
coverd, that said town was set in the valuation four 
shillings in the thousand pound too high, the General 
Court then made a deduction of four shillings from said 
town in said valuation, and thereby said town's quota of 
said fifteen hundred men was but two: 

Therefore Resolved, That the said town of Ward be, 
and hereby is excused from raising any more than two 
men by the resolution aforesaid (notwithstanding three 
being required of said town therein) and in case an execu- 
tion be issued against said town, or any of the inhabitants 
thereof, for a deficiency of any more than two men for 
the purpose aforesaid, that then this resolution shall be, 
and hereby is, a direction to the sheriff or his deputy, not 
to serve.the same, if said town of Ward hath procurd 
two men aijreeable to the resolution aforesaid. 

November 12, 1782. 

Chapter 174. 

RESOLVE ALLOWING PAY TO THE COMMITTEE ON ACCOUNTS. (Jhap.174 

Resolved, That there be allowed and paid, one shilling 
and three jKnce, to each of the committee on accounts, for 
every day they have attended that service, over and above 
their pay as members of the General Court. 

November 12, 1782. 



362 1782. — September Session. 



Chapter 175. 

Chai) 175 ^ GRANT OF FOUR THOUSAND POUNDS, TO THE HON. 
' ' EPIIRAIM STARKWEATHER, AND OTHERS, A COMMITTEE 

OF ACCOUNTS. 

Resolved, Thtit there be paid out of the treasury of this 
Co\\^\\\()\\\\Qi\\i\\, four thousand 2)ounds, to the conunittee 
of accounts, to enal)le the said committee to discharge 
such accounts as are or may he examined and allowed by 
the said committee, they to be accountable for the expen- 
diture of the same. November 14, 1782. 



RESOLVES 



GENERAL COURT OF THE COMMONWEALTH 
OF MASSACHUSETTS, 

BEGUN AND llEJ.l) AT BOSTON, IN THE COUNTY OF SUF- 
FOLK, ON WEDNESDAY THE TWENTY-NINTH DAY OF 
MAY, AXXO DOMINI, 1782; AND FROM THENCE CON- 
TINUED, BY PROROGATION AND ADJOURNMENT, TO 
WEDNESDAY THE TWENTY-NINTH DAY OF JANUABY, 
1783, AND THEN MET AT THE SAME PLACE, BEING THE 
SECOND SESSION OF SAID COURT. 



1782. — January Session. 



Chapter 1. 



RESOLVE ON THE PETITION OF SAMUEL CRENEY. Cliap. 1 

On the jjedfion of Sjiiiiuel Cheney, guardian to Surah 
Stmiulcrs, prai/imf for licence to make sale of a certain 
tract of land, in his petition mentioned, for reasons therein 
set forth : 

Resolved, That the pra3^er of the said petition be 
granted, and that the said petitioner be, and hereby is 
emi)()\vered, to make sale of the said hinds, for the most 
the same will fetch, and make and execute a good and 
lawful deed or deeds thereof to the purchaser or pur- 
chasers, he observing the rules and directions of the law, 
for the sale of real estates by executors and adminis- 
trators, tirst giving bond to the Judge of Probate for the 
county of Suffolk, that the proceeds of the said sale (after 
l)aying the charge of sale) shall be applied for the pur- 
l)oses in the said petition mentioned. 

January 30, 1783. 



304 1782. — January Session. 



Chapter 2, 

Chap. 2 RESOLVE ON THE PETITION OF JOSEPH BAKER, ESQ; DIRECT- 
ING THE COMMITTEE FOR METHODIZING ACCOUNTS, WITH 
THE ASSISTANCE OF A COMMITTEE OF THE GENERAL 
COURT, TO SETTLE THE ACCOUNTS OF SAID BAKER, AND 
TO MAKE A RETURN TO THE TREASURER OF THE BALANCE 
DUE. 

On the lief if ion o/" Joseph Baker, Esq; late Commissary 
for inircJiashui heef\ tOc. praj/infj his accounts with this 
CominoniceaJtJi may be settled: 

Resolved, That the conuiiittcc tii)pointcd to uiethodize 
and state the accounts of this Commonwealth, be, and 
they are hereby directed, witli the assistance of JoJin 
Moire, Samuel Allyne Otis, and Bailey Barllett, Esquires, 
to settle the accounts between this Commonwealth and the 
said Joseph Baker, Esq ; and make return of the ballancc 
that may be due thereon, to the Treasurer of this Com- 
monwealth, who is hereby directed to call on said Baker 
for the payment thereof, Avithout delay ; and on his paying 
the same, to give said Baker duplicate receipts, one of 
which said Baker is directed to lodge with the connnittee 
aforesaid, who are hereby directed to charge the Treasurer, 
and give said Baker a final discharge. 

January 30, 17 S3. 



Chapter 3. 

Chap. 3 RESOLVE ON THE REPRESENTATION OF THE HON. CALEB 
DAVIS, ESQ; DIRECTING THE COMMISSARY GENERAL TO 
RECEIVE CERTAIN STORES. 

On the representation of the Hon. Caleb Davis, Esq; 
late Agent of the Commonwealth, prayiwj for direction 
respecting the stores in his possession, belonging to this 
Commomrealth : 

Resolved, That Richard Devens, Esq ; Commissary 
General, be, and he is hereby authorised and directed, 
to receive from the said Caleb Davis, Esq ; all such stores 
as he has on hand, belonging to this Commonwealth, and 
give the said Davis duplicate receipts therefor, one of 
which to be returned to the committee for stating and 
methodizing accounts, for their use, and by them to be 
lodged in the Secretary's office. January 31, 17 S3. 



1782. — January Session. 365 



Chapter 4. 

RESOLVE REQUESTING HIS EXCELLENCY THE GOVERNOR TO Q/ian 4 
WRITE TO CONGRESS, RESI'ECTING THE PAYMENT OF ■' * 

SOLDIERS ON TEMPORARY SERVICES, IN THE YEARS 1778, 
1779, AND 1780. 

W/ierea-'< application is frequently made to this Court, 
for the j)at/)/ient of icwjes due to soldiers belonf/inrj to this 
/Stale, who served on temporarj/ levies in the Continental 
Armij, in the years 1778, 1779, and 1780, in order to 
facilitate the said payment: 

Resolved, That his Plxcellency the Go\crnor be 
requested to write to Congress, for information as to 
any order which they may have taken for the payment 
of the soldiers serving as aforesaid, and he hiy the same, 
when received, Ijefore this Court. January 31, 1783. 

Cliapter 5. 

RESOLVE ON THE PETITION OF MART SUTTON, PERMITTING (Jhnj) ^ 
HER TO GO TO HER HUSBAND, AT BERMUDA. ^ ' ' 

On the 2^€tition of Mary Sutton, praying for liberty to 
(JO to her husband, now residing at Bermuda : 

Resolved, That Mary Sutton be, and hereby is per- 
mitted, to go to her husband at Bermuda, by such con- 
ve Nance as she ma}' be able to procure, and that she do 
not return again into this Commonwealth, without leave 
therefor tirst had from the Legislature ; and the Naval- 
Officer for the port of Boston, is directed to see that she 
carry no letters, intelligence or i)roperty with her, to the 
damage of this or the L^nited States. 

February 1,1783. 

Chapter 6. 

RESOLVE ON THE REPRKSENTATION OF nUGH ORR, ESQ; AND njjnr) Q 
OTHERS, DIRECTING THE COMMITTEE APPOINTED TO SELL '-^""-Z ' 
OR LEASE THE FURNACES IN BRIDGWATER, TO PAY THE 
MONEY IN THEIR HANDS, ARISING BY SAID SALE OR LEASE 
OF SAID FURNACES, INTO THE TREASURY. 

()n the representation o/Hugh Orr, Esq; and others, a 
committee appointed to sell or lease the furnaces in Bridg- 
water, the property of this Commonwealth : 

Resolved, That the abovesaid committee be, and they 



366 1782. — January Session. 

are hereby directed, to pay into the treasury of this Com- 
monwealth, the whole of the money in their hands, arising 
either by lease or the sale of said furnaces, or any part of 
the stock thereof, taking duplicate receipts therefor, one 
of which to be lodged in the Secretary's office. 

February 3, 1783. 

Chapter 7. 

Chap. 7 RESOLVE ON THE PETITION OF SAMUEL WINSLOW, PERMITTING 
HIS BROTHER TO RETURN TO THIS COMMONWEALTH. 

On the X)elilion o/' Samuel Winslow,^;rrt?//?<?/ ybr reasons 
therein set forth, that his brother, Isaac Winslow, may 
have leave to return to this place : 

Resolved, That the said Isaac have leave to return to 
this Commonwealth, and that he be considered as a 
subject and citizen thereof, he taking the oath of tidelity 
and allegiance prescribed by law. February 4, 1783. 

Chapter 8. 

Chap. 8 RESOLVE GRANTING A TAX OF THREE HUNDRED POUNDS, TO 
^ ' BE ASSESSED ON THE RATEABLE POLLS AND ESTATES, AND 

APPORTIONED ON THE SEVERAL TOWNS IN THE COUNTY OF 
HAMPSHIRE. 

On the representation of the Justices of the Court of 
General Sessions of the Peace for the county of Hamp- 
shire, tJiat the sum of three hundred pounds will he neces- 
sary for defraying the charges of said county for the 
ensuing year : 

Resolved, That there be, and hereby is granted, a tax 
of three hundred pounds, to be assessed on the rateable 
polls and estates in the said county, and apportioned on 
the several towns in the same county, by the clerk of the 
said Court of General Sessions of the Peace, and that 
the same be collected and paid into the treasury thereof, 
by the 31st day oi March next, and applied for the use o 
the said county, agreeable to the laws of this Common- 
wealth. February 4, 1783. 

Chapter 9. 

Chan 9 resolve on the petition of william mccobb, esq. 

On the petition o/* William McCobb, IJsq; j^i'^yi^ig that 
an award may be vacated, loherein the petitioner was 



1782. — January Session. 367 

one parti/, and Thomas McGuirc, Patrick McGuire, and 
Ehcnezer Fiillertoii, Uie other iKirtij, made on the 30th 
day of August last ^Jrt6'^, for reasons mentioned in his 
2)etition: 

Resolved, Tliat Uic petitioner notify the adverse party, 
by serving the said Tliomas 3IcGuire with an attested 
copy of this petition, and this order thereon, fifteen days 
at least l)bf()re the second Tuesday of the next setting of 
the General Court, that they may then shew cause (if any 
they have) why the prayer thereof should not l)e granted, 
and that all processes in the premises be stayed in the 
mean time. February 4, 1783. 

Cliapter lO. 

RESOLVE ALLOWING FOUR SHILLINGS TO MARSHAL NEWTON (JJidn 10 
AND OTHERS (SOLDIERS) FOR THE USE OF THEIR BLANKETS. ^ ' 

Resolved, That there be paid out of the public treasury, 
the sum of four shillings, to each of the soldiers hereafter 
named, in full for the use of their blankets, in the year 
one thousand seven hundred and eighty, agreeably to the 
order of the General Court, of the same year, viz. Mar- 
shal JSfeuion, John Brokas, Nathan Pratt, Gardner Hov^e, 
Calvin JSFev'ton, Asher Smith, N^ahum Parker, Eber 
Keyes, Solomon Hoire, Lewis Smith, Peter Cary, Jona- 
than Harrington, Samuel Wesson, Caleb Parher, John 
Bixhy, King Howe, Oliver Dunsmore, Jonathan Keyes, 
Israel Potter, Ozias Partridge, Zadoch Cutting, Jona- 
than Gale, Daniel Tombs, amounting in the whole to four 
jwunds ticelve shillings. February 4, 17S3. 

Chapter 11. 

RESOLVE ON THE PETITION OF NATHANIEL APPLETON, ESQ; /^7,^,. 11 
GUARDIAN TO SUSANNAH LORING, EMPOWERING HIM TO ^ ' 

MAKE SALE OF THE LAND AND THE BUILDINGS MENTIONED. 

On the 2)etition of Nathaniel Appleton, Ji^sq; guardian 
to Susannah Loring, a nou-comyios, jyraying for liberty to 
make sale of sundry tracts of said Susannah's land, viz. 
about four hundred acres in the county of Lincoln, about 
Jive hundred arid ninety-five acres in Colrain, in the 
county o/" Hampshire, about five hundred acres in Blanford, 
in said coiinty of Hampshire, and also a piece of land, 
about seventy feet square, vnth an old barn thereon, in 
Atkinson Street, in Boston : 



368 1782. — January Session. 

Resolved, That the prnyer of said petition be granted, 
and that the [)etitioner, in his capacity aforesaid, be, and 
hereby is impowcred, to make sale of the aforesaid hinds, 
and the okl building aforesaid, or any part thereof, for the 
most the same will fetch, either at private or public sale, 
as he shall jud<2e most for the benefit of the said ^Snsaniuih 
and her heirs, and make and execute a good and lawful 
deed or deeds thereof to the purchaser or purchasers, he 
first giving bond to the Judge of Probate for the county 
of 8n folic, that the proceeds of said sale, after deducting 
the cost of sale, shall be a})plied to the support of the 
said jSusannah, as she may stand in need, during her life, 
and the remainder shall be put to interest, and at the said 
>Sut<annali's decease, paid to her heirs at law, in such pro- 
portion as they by law shall be entitled to receive. 

February 4,1783. 

Chapter 13. 



Chan. 12 resolve granting a tax of eight hundred pounds, 

' ' BE ASSESSED ON THE RATEABLE POLLS AND ESTATES, A 



TO 
AND 

APPORTIONED ON THE SEVERAL TOWNS IN THE COUNTY OF 
WORCESTER. 

On the representation of the Justices of the Court of 
General Sessions of the Peace for the count]/ q/" Worcester, 
that the sum o/'" eight hundred pounds mill he necessary for 
defraijhvj the charges of said county for the ensuing year : 

Resolved, That there be, and hereby is granted, a tax 
of eight hundred pounds, to be assessed on the rateable 
polls and estates in said county, and apportioned on the 
several towns in the same county, by the Clerk of said 
Court of General Sessions of the Peace ; and that the 
same be collected and paid into the treasury thereof, by 
the first day of September next, and applied for the use of 
the said county, agreeable to the laws of this Common- 
wealth. February 4, 1783. 

Chapter 13. 



Chaj) 13 RESOLVE ON THE PETITION OF THOMAS CHILD, AGENT ON 1 
^ * ESTATE OF FRANCIS WALDO, LATE OF FALMOUTH, ESQ; 



THE 
AN 
ABSENTEE. 

On the petition of Thomas Child, agent on the estate of 
Francis Waldo, late of Falmouth, in the county of Cum- 
berland, liJsq; an absentee, in hehalf of himself and others ^ 



1782. — January Session. 3G9 

(•reditors of said estate, praying that the committee for sell- 
ing absentees estates in said counti/, may he eiJipoivered to 
sell so much of said absentees estate^ as shall be sufficient 
to pay the demands 7ip)on the same: 

Jiesolved, That the prayer of said petition be so far 
irranted, as that said coinuiittee be, and they are hereby 
impowercd, to cause such parts or parcels of said Waldo's 
real estate as they shall judge most advantageous to the 
Commonwealth, to be appraised by three good and suffi- 
cient freeholders, on oath, as shall be sufBcient to satisfy 
said demands ; and said committee are hereby impowered 
to give and execute a good and sufdcient deed or deeds of 
the same, any law or resolve to the contrary notwith- 
standing. February 6, 1783. 

Chapter 14. 

A GRANT OF SIX POUNDS TO JOHN BEVERLY, AND THE SAME (Jhny^ \A 
SUM ANNUALLY, UNTIL FURTHER ORDER. -t * 

On the petition of John Beverl}^ shewing, that he had 
lost both his feet in the sei^ice of his country, as a soldier, 
in the year 1760; the General Court, in the year 1763, 
granted him a pension of six pounds, annually, and that 
the pension bool- of that age is lost, and he cannot obtain 
his pension, and therefore jjrays for relief: 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to the Treasurer of the 
town of Andover, for the use of the petitioner, JoJni 
Beverly, the sum of si.r pounds, and the same sum annually, 
until the further order of this Court, to be disposed of 1:)y 
the overseers of the poor of said town, for the advantage 
of the said Beverly. February 5, 1783. 



Chapter 15. 

RESOLVE DIRECTING THE COMMITTEE FOR SETTLING WITH THE 
ARMY, TO SETTLE WITH BENJAMIN HOLDEN, LIEUT. COL. AND 
OTHERS, MENTIONED IN THE PETITION OF SAID HOLDEN. 

On the petition of Benjamin Holden, Lieut. Col. and 
others^ who were taken prisoners at Fort Washington, 
praying the depreciation of their ivages may be made good 
to them: 

Resolved, That the committee for settling with the 
army, be, and they hereby are directed, to settle with said 



Chap. 15 



370 1782. — Jaxuary Sessiok. 

IloJden, and the otlier persons mentioned in said petition, 
for the depreciation of their wages, from the tirst oi Jan- 
uary, 1777, to the time they returned from captivity, in 
the same manner as they settle with the rest of the offi- 
cers of the JlassacJiusetis line of the army. 

February 6, 1 783. 

Chapter 16. 

Chan. 16 resolve on the petition of the inhabitants of the town 

' ' OF UXBRWGE. 

On the petition of the inhabitants of the town of Ux- 
bridge, setting forth, that the icarrants which have been 
issued by the selectmen of said town, for calfinc/ toivn- 
meetings, and the warrants from the assessors of said 
toion, directed to the constables, for the collection of taxes, 
were issued without affixing their respective seals thereto; 
and praying the same may be madevalid^ notwithstanding 
that omission: 

Resolved, That the prayer of said petition be granted ; 
that the wan ants which have been issued by the selectmen 
of the town of Uxbridge, for calling town meetings, and 
the warrants which have been issued by the assessors of 
said town, directed to the constables, for the collection of 
taxes in the same town, be, and they hereby are made 
legal and valid, notwithstanding their neglect to affix their 
respective seals thereto ; and that the same shall, in any 
Court of law or equity, have the same force and validity 
as if their respective seals had been affixed theret-o, any 
law or usage to the contrary' notwithstanding. 

February 6, 1 783. 



Chap. 17 



Chapter 17. 

RESOLVE GRANTING A TAX OF THREE HL'XDRED AXD SIXTY 
rorXDS, TO be assessed and apportioned on the SEV- 
ERAL TOWNS IN THE COUNTY OF CUMBERLAXD. 

On the representation of the Justices of the Court of Gen- 
eral Sessions of the Peace for the county of Cumberland, 
tliat the sum of three hundred and sixty pounds will be 
necessary for defraying the charges of said county for one 
year next ensuing : 

Resolved, That there be, and hereby is granted, a tax 
of three hundred and sixty pounds, to l)e apportioned by 



1782. — January Session. 371 

the Clerk of the Peace for the county of Cumberland, 
upon tlie several towns within the same, and assessed on 
the rateable polls and estates in said count}', and the 
same be collected and paid into the treasur}' thereof, and 
applied for the use of said count}', agreeable to the laws 
of this Commonwealth. February 7, 1783. 



Chapter 18. 

RESOLVE ON THE PETITION OF XATHASIEL FREEMAN, ESQ. CkajJ 18 

Upon the petition q/' Nathaniel Freeman, ^sq; in 5e- 
//«?/' q/' Barachiah Bassett, and others, captors of the Brit- 
ish armed sloop) Abigail, her appurtenances and cargo, 
piat/inr/ for liherty to transport the said cargo from Fal- 
mouth to Boston, /(??• certain reasons therein mentioned : 

Resolved, That the prayer of said petition be, and 
hereby is granted : and that the ^a\d Barachiah Bassett, 
and others, l)e, and hereby are permitted, to remove and 
transport said cargo from Fahnoutli to Boston, to be de- 
posited in some store till the captors can make sale of the 
same, according to law, or until the final determination 
be had thereon in the Maritime Court, the captors first 
giving sufficient bonds to the collector of excise for the 
county of Barnstable, according to law, to render a true 
account, upon oath, of the exciseable articles contained in 
said cargo, and for the payment of the excise as the law 
directs, and the same cargo shall not 1)e liable to seizure 
and contiscation in consequence of such transportation, 
unlading or removal, an}' law or resolve to the contrary 
notwithstanding. February 7, 1783. 

Chapter 19. 

RESOLVE GRANTING EIGHTT-ONE POUNDS, SEVENTEEN SHIL- nifu^ IQ 
LINGS AND FOUR PENCE, TO THOMAS WALLET, OJIT 0¥ THE ^ 

PROCEEDS OF THE SALE OF THE SHIP TARTAR. 

On the petition o/" Thomas AValley : 

Resolved, That there be allowed and paid from the pub- 
lic treasury, out of the proceeds of the sale of the ship 
Tartar, the sum of pighty-one pounds seventeen shillings 
andfourpence, in full for iron sold by said Walley, to the 
late Board of War, for the use of the ship Tartar. 

February 7, 1783. 



372 1782. — January Session. 



Chapter 30. 



Chap. 20 ^ GRANT OF FOUR THOUSAND POUNDS TO THE HON. ABt 
^ ' II AM FULLER, ESQ; AND OTHERS, THE LATE COMMITTEE 



IBRA- 
ON 
ACCOUNTS. 

Resolved, That tliere be paid out of the pu])lic treasuiy, 
to Abraham Fuller, Esq ; and others, the late committee 
on nccouut>>, foy7' thousand pounds, to ena1)le them to pay 
the accounts already examined and allowed l)y said com- 
mittee, they to be accountable (within the present session 
of the General Court) for the expenditure of the same. 

February 8, 1783. 



Chapter 21. 

Chan. 21 resolve requesting his excellency the governor to 

^ ' WRITE TO THE GOVERNOR OF THE STATE OF CONNECTICUT, 

relative TO THE ADMISSION OF Ji/C ///I TJ/^ SM/T//, A PRO- 
SCRIBED ABSENTEE OF THIS COMMONWEALTH, INTO SAID 
STATE. 

WJiereas it has been represented to this Court, that 
Richard Smith a proscribed absentee, of this Common- 
wealth, hxitli been admitted as a citizen of the State o/" Con- 
necticut : 

Resolved, That his Excellency the Governor, be, and 
hereby is requested, to write, as soon as may be, to the 
Governor of the said State of Connecticut, relative thereto, 
in order, if it l)e a fact that said Smith is admitted to be 
a citizen of the said State, the General Court may take into 
immediate consideration what will be necessary to be done 
in that and in any like case. February 10, 1783. 

Chapter 32. 

Chan 22 RESOLVE ON THE PETITION OF PAUL KNOWLES, EMPOWERING 
^ ' HIM TO SELL THE REAL ESTATE MENTIONED. 

On the petition of Paul Knowles, praying for liberty to 
sell the real estate of his Father, James Knowles, a non 
compos, h/inf/inl£.asthiim,for reasons set forth in said 
petition : 

Resolved, That the prayer of the said petition be granted, 
and that the said Raul Knovles be,. and hereby is full}' 
impowered, to sell the said real estate for the most the 
same will fetch, and make and execute a lawful deed or 



1782. — January Session. 373 

deeds tliereof to the purchaser ov purchasers, he observ- 
ing the rules of hi\v for the sale of real estates by execu- 
tors and administrators ; first orivino; bond to the Judge of 
Probate for the county o^ Bar nsf able, that the money aris- 
ing by said sale be appropriated after paying the charge of 
sale, and cost of removing his said father and mother to the 
county of lierks/u're, solely for the purchasing real estate, 
of which he, the said Paul, shall procure a deed lawfully 
executed and given in his said father's name, and see that 
said deed is recorded in the county where the said real 
estate so purchased shall be. February 10, 1783. 



GEN- Chap, 23 

ARN- ^ 



Chapter 23. 

RESOLVE EMPOWERING THE JUSTICES OF THE COURT OF 
ERAL SESSIONS OF THE PEACE FOR THE COUNTY OF BAR 
STABLE, TO DIRECT AN ASSESSMENT OF TIFO HUNDRED AND 
EIGHTY POUNDS, TO DISCHARGE THE DEBTS DUE FROM SAID 
COUNTY, AND DEFRAY THE NECESSARY EXPENCES. 

On the representation from the Court of General Ses- 
sions of the Peace for the county q/" Barnstable : 

Resolved, That the Justices of the Court of General 
Sessions of the Peace, for the said county of Barnstable, 
be, and the said Justices hereby are enabled and impow- 
ered to direct an assessment of the sum of two hundred 
and ei(jJity pounds, to discharge the debts due from the 
said county, and to defray the necessary expences thereof, 
for the ensuing year, agreeable to the laws of this Com- 
monwealth ; and that the Secretary of this Commonwealth 
transmit this resolve to the Clerk of the said Court. 

Fehrxiary 10, 1783. 

Chapter 34. 

RESOLVE ON THE PETITION 0¥ ELISHA MATITINDALE, AXi1Y{.0n- H'kQV) 94 
IZING ASHBEL STRONG AND HENRY fV. DWIGHT TO MAKE ^"'^P' 
AND EXECUTE A GOOD DEED OF SALE OF THE TRACT OF LAND 
MENTIONED. 

On the petition of Elisha Martindale^rrty/ny that Ash- 
bel Strong and Henry Williams Dwight 7)%ay beempoioered 
to convey unto the said Elisha Martindale, a certain tract 
of land in said petition mentioned; and for reasons 
tJierein set forth : 

Resolved, That the prayer of the said petition be 
granted ; and the aforesaid Strong and Dwight, adminis- 



374 1782. — January Session. 

trators on the estate of Thomas Williams, deceased, be, 
and hereby are fully authorized to make and execute a 
good and lawful deed of sale, unto Elisha Martindale, of 
a certain tract of land lying in the town of Lee, containing 
one hundred and twenty acres, belonging to the estate of 
the aforesaid deceased ; he, the said Elisha Martindale, 
first paying to the aforesaid administrators the sum of 
four hundred and eicjhty pounds, with interest, agreeable 
to contract, including such sums of money as the said 
Martindale shall make appear to the said administrators, 
that he paid to the said Thomas Williams, before his de- 
cease, being in part of pay for the aforesaid tract of land ; 
and the administrators aforesaid shall account with the 
Judge of Probate for the county of Berkshire for the dis- 
posal of the money they shall receive by virtue of this 
resolve. February 11, 1783. 

Chapter 35. 

Chap. 25 RESOLVE confirming the choice of a collector of taxes 

^' FOR the TOWiX OF CHARLTON; AND EMPOWERING WIL- 

LIAM CUMMINGS TO FINISH THE SAID COLLECTION. 

Whereas the town of Charlton, at their annual meeting 
in March, 1780, chose Ephraim Mclntire constable for said 
town, for the then ensuing year, ivho accepted said office, 
and was didy sworn, and the lists of assessments made in 
the same ensuing year, with proper ivarrants for the collec- 
tion thereof, were didy delivered to the said Ephraim ; since 
which the said Ephraim hath moved out of this Common- 
wealth without finishing the collection of said assessments; 
and hath left his said lists and ivarrants in the hands of 
William Cummings, whom the said toivn on the l?>th day 
of January last, chose collector, for the purpose of com- 
pleating the collection of the assessments contained in said 
lists: Therefore, 

Resolved, That the said William Cummings be, and he 
hereby is, by virtue of said warrants, fully authorized and 
impowered to compleat the collection of the said assess- 
ments, in the same manner as the said Ephraim might 
have done ; and the said lists and warrants shall have the 
same force and eflect, so far as may relate to the collection 
of the said assessments to be compleated by the said Wil- 
liam Cumniings, as they would have had in the hands of 
the said Ephraim, if he had continued to reside in the 



1782. — January Session. 375 

town ; and the said William Cummings shall in all respects 
he ans\veral)le touching the collection and payment of said 
assessments, and liable to like process as the said Ephraim 
would have been, had he continued in said town without 
having compleated the collection of said assessments. 
And all Treasurers are hereby authorized and empowered, 
to proceed in issuing executions against the said William 
Cummings, for such sum or sums of said assessments as 
may remain due and unpaid, in the same manner as they 
might have done against the said Ephraim, had he con- 
tinued in said town. February 11, 1783. 

Chapter 26. 

RESOLVE MAKING AN ESTABLISHMENT FOR THE SEVERAL QJiQ/n 26 
COLLECTORS OF EXCISE IN THIS COMMONWEALTH. "' 

Resolved, That the following allow^ance be made to the 
several collectors of excise for the present year, which 
shall be in full for their respective services and necessary 
assistance, viz. 

To the collectors for the counties of Suffolk and Essex, 
two per cent, on the sums they shall respectively collect. 

To the collector for the county of Middlesex, three per 
cent, on the sum he shall collect. 

To the collectors for the counties of York, Nantucket, 
Dukes County, Cumberland, Lincoln, and Berkshire, five 
per cent. 

And to the collectors of the other counties in this Com- 
monwealth, four per cent. February 11, 1783. 



Chapter 27. 



RESOLVE DIRECTING THE SECRETARY TO NOTIFY THE SEV- 
ERAL COLLECTORS OF EXCISE OF THEIR ELECTION. 

Whereas this Court have made choice of Samuel Hen- 
shaw, Esq., to he Collector of Excise for the county o/" Suf- 
folk ; Samuel Ward, Esq., for the county o/" Essex ; Elijah 
Hunt, Esq., for the county o/" Hampshire ; William Drew, 
Esq., for the county o/" Plymouth ; Joseph Nye, Esq., for 
the county o/" Barnstable ; Samuel Fales, Esq., for the 
county o/' Bristol ; Jonathan Chesle}^ Chadbourne, Esq., 
for the county of York ; Mr. Caleb Ammidown, for the 
county o/" Worcester ; Joseph North, Esq., for the county 



Chap. 27 



376 1782. — January Session. 

of Lincoln ; and Gajit. William Bacon, for the county of 
Berkshire. 

Ordered^ That the Secretary be, and he hereby is 
directed, forthwith to notify the aforenamed gentlemen 
of their elections, and request their answers respectively. 

February 11, 1783. 

Chapter 28. 

CJiaV 28 RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
J^' FOR THE COUNTY OF WORCESTER. 

Whereas it appears, upon the examination of tlie accounts 
of the Treasurer of the county q/" Worcester, dated the 1th 
of September, 1781, and December &th, 1782, that said 
accounts are right cast, and 2veU vouched, and that all the 
monies granted and allowed by the Court of General Ses- 
sions of the Peace Jor said county, and charged in said 
accounts, were for such purposes and appropriations, as 
the lata ijnpowers said Court to grant: 

Therefore Resolved, That the said accounts be, and they 
hereby are accepted and allowed. February 13, 1783. 

Chapter 29. 

ChaV- 29 RESOLVE for discontinuing THE PENSION OF CAPT. THOMAS 
^' ALEXANDER, OF NORTHFIELD. 

WJiereas the Court of General Sessions of the Peace for 
the county o/* Hampshire, on the second Tuesday o/" Novem- 
ber last past, have, on due hearing, been of opinion, that 
no part of the pension heretofore settled on Capt. Thomas 
Alexander, o/Northtield, be any longer continued: 

Resolved, That the pension of the said Thomas Alexan- 
der, and every part thereof, do henceforth cease, and 
finally determine ; and that the Secretary of this Common- 
wealth forthwith furnish the Commissary of Pensioners 
with a copy of this resolution. February 11, 1783. 



Chap. 30 



Chapter 30. 

RESOLVE DIRECTING THE SECRETARY TO NOTIFY SAMUEL 
HENDLET, ESQ; AND CAPT. ELISHA THATCHER, OF BARN- 
STABLE, OF THEIR ELECTION AS COLLECTORS OF EXCISE, 

Whereas this Court have made choice of Samuel Hend- 
ley, Esq; to be Collector of Excise for the county of Mid- 



1782. — January Session. 377 

dlesex, and Capt. Elislm Tluitchcr of Barnstable, for the 
counties q/' Dukes Count}' and Nantucket : 

Ordered, That the Secretary be, and he hereby is 
directed, forthwith to notify the aforenamed gentlemen 
of their elections, and request their answers respectively. 

February 12, 1783. 



Chapter 31. 

A GRANT OF THREE HUXDRED EIGHTY-FIVE POUNDS NINE 
SHILLiyoS, TO ISAAC PHILLIPS, FROM THE MONIES ARISING 
FROM THE SALE OF THE SHIP TARTAR. 

WJiereas a resolve passed November Wi, 1782, direct- 
ing Caleb Davis, Esq; to pay three hundred and eighty- 
five pounds nine shillings, ^'o Isaac Phillips, heing a balance 
due to said Phillips_/)'om the late Board of War, for sun- 
dry/ articles sup2)lied said Board , for fitting out the armed 
vessels belonging to this CommonivealtJi ; and said Davis 
ivas restricted to pay the aforesaid sum out of such monies 
as he should receive as debts due to said Board of War ; 
and as there is no prosp)ect of the said DaxWfi, paying said 
Phillips in the way p)rescribed by the resolve aforesaid: 
Therefore, 

Resolved, That there be paid out of the treasury of this 
Commonwealth, to Isaac Phillips, the sum of thr'ee hun- 
dred and eighty-five pounds tiine shillings, from the monies 
arising from the sale of the ship Tartar, as said sum was 
for articles supplied the armed vessels belonging to this 
Commonwealth. February 12, 1783. 



Chapter 32. 

RESOLVE ON THE PETITION OF A NUMBER OF THE INHABI- 
TANTS OF THE TOWN OF AMHERST. 

On the petition of a number of the inhabitants of the 
town of Amherst, praying to be incorporated into a Parish, 
for reasons set forth in their petition : 

Resolved, That the petitioners notify the town of 
Amherst, by leaving with the town clerk of said town an 
attested copy of their petition, and this order thereon, to 
shew cause, if any they have, on the second Wednesday of 
the next session of the General Court, why the prayer of 
the said petitioners should not be granted, and that the said 



Chap. 31 



Chap. 32 



378 1782. — January Session. 

town of Amherst be, and hereby are directed, not further 
to tax the said petitioners for the support of the Eev. 
David Pa7'Sons in the ministry in said town, or for defray- 
ing the charo:es which have arisen on account of his settle- 
ment in said town, till the fourth Wednesday of the next 
setting of the General Court. This notification is to be 
performed at least sixteen days before the second Wednes- 
day of the next session of this Court. 

February 13, 1783. 



Chap. 33 



Chap 



.34 



Chapter 33. 

RESOLVE ON THE PETITION OF THE OVERSEERS OF THE POOR 
OF THE TOWN OF BOSTON, EMPOWERING THEM TO SELL 
THE REAL ESTATE MENTIONED, OF THE LATE DANIEL 
OLIVER, ESQ; DECEASED. 

On the petition of the overseers of the poor of the town of 
Boston : 

Resolved, That the corporation of the overseers of the 
poor of the town of Boston be, and they hereby are author- 
ized and empowered, to sell the real estate bequeathed 
to them for the purpose of educating poor children, by the 
last will and testament of the late Honorable Daniel Oliver, 
Esq ; deceased, and to make and execute a good and suffi- 
cient deed of the same, in fee simple. 

And it is further Resolved, That the corporation afore- 
said put out the proceeds of sale of the said real estate to 
interest, on landed security, and appropriate and use the 
annual income thereof for the instruction of poor children 
in reading the word of God, and writing, if need be, 
agreeably to the design and intent of the aforesaid testator. 

February 13, 1783. 

Chapter 34. 

RESOLVE GRANTING FIVE HUNDRED AND SEVEN POUNDS 
FIFTEEN SHILLINGS, TO WILLIAM LYMAN, PART IN CASH 
AND PART IN GOVERNMENT SECURITIES. 

Whereas William Lyman has exhibited to this Court a 
certificate from the cotnrnittee for methodizing and stating 
the public accounts, purporting that tJiey find due ^o Wil- 
liam Lyman, five hundred and seven pounds fifteen shil- 
lings, /or his services as an assistant to Levi Shepard, in 
the Commissary'' s office, f^om the 8th o/" June, 1777, to the 
1 6^7i q/Tebruary, llld, and as Commissary from the 17 th 



1782. — January Session. 379 

February, 1779, to the 20th f/ January, 1780, and for the 
services of his assistants, tchile he teas Commissary him- 
self, which sum is for the value of their retained rations, as 
well as their services performed : 

Resolved, That there be paid out of the treasury of this 
CoDimon wealth, to William Lyman, the sum oi five hun- 
dred and seven pounds fifteen shillings, in the follo\ying 
manner, viz. one hundred and sixty-nine jjounds five shil- 
lings, part of the above sum, in specie ; and the sum of 
three hundred and thirty-eight pounds ten shillings, the 
remainder of the abovementioned sum, in government 
securities, l)earing date the 20th of January, 1780, that 
being the time said Lyman left the service, in full of all 
accounts of the said Lyman a\\(\. his assistants, to the said 
20th of January, 1780. February 14, 1783. 

Chapter 35. 

RESOLVE ON THE PETITION OF ABIGAIL DWIGHT, IMPOWER- (JJidj) 35 
ING HER TO MAKE SALE OF THE LAND MENTIONED. -^ ' 

On the petition q/" Abigail Dwight, guardian to Louisa 
Hopkins, of Great Barrington, ^?-a?/{?i^ for liberty to sell 
a certain piece of land in said petition mentioned: 

Resolved, That the prayer of the said petition be granted, 
and that the said guardian be, and hereby is impowered, 
to make sale of the land aforesaid, for the most the same 
will fetch, and make and execute a good and lawful deed 
or deeds thereof to the purchaser or purchasers, she the 
said guardian obseiwing the rules of law for the sale of 
real estates by executors and administrators, and the 
monies arising by the said sale, shall be applied for the 
support and education of the said Louisa, and the said 
guardian shall give bond to the Judge of Probate for the 
county of Berkshire, for the faithful performance of the 
trust reposed in her liy this resolve. 

February 14, 1783. 



Chapter 36. 

RESOLVE DIRECTING THE C0M3IISSARY GENERAL TO PROCURE 
CERTAIN ARTICLES, AND DELIVER THE SAME TO THE 
INDIANS OF THE PENOBSCOT TRIBE, NOW IN BOSTON. 

WJiereas there are now in this town two Indians of the 
Penobscot tribe, Capt. Neptune and a young Lidian lad: 
And ivhereas the situation of our public affairs in the east- 



Chap. 36 



380 1782. — January Session. 

em parts of this Commonwealth, makes it necessary to keep 
up a friendly intercourse with said tribe: Therefore, 

Resolved^ That the Commissaiy General be , and he hereby 
is directed, forthwith to procure one uniform coat, two 
hats, two shirts, two pair of Indian stockings, one l)lanket, 
two pair shoes, and two pair of buckles, and deliver the 
same to said Indians, and charge the same to this Com- 
monwealth. February 14, 1783. 

Chapter 37. 

Chap. 37 RESOLVE ON THE PETITION OF SETE SUMNER, GRANTING 
^ HIM THIRTY POUNDS, TO PURSUE TO FINAL JUDGMENT 

AND EXECUTION, THE CRIMINAL PROCESS BY HIM INSTI- 
TUTED IN THE STATE OF CONNECTICUT. 

Upon the petition of Seth Sumner : 

Resolved, That the said Sumner be, and he hereby is 
directed, to pursue to linal judgment and execution, the 
criminal process by him instituted in the State of Con- 
necticut, and which is to enure to the benefit of this Com- 
monwealth, and now pending in one of the Judicial Courts 
in said State. 

And be it further Resolved, That there be paid out of 
the treasury of this Commonwealth, to the said Seth Sum- 
ner, the sum of fhii^ty pounds, to reimljurse him the monies 
by him already expended in carrying on said process, and 
to enable him to continue the same, he to be accountable 
to the General Court for the expenditure of said sum. 

February 13, 1783. 

Chapter 38. 

Chap. 38 ^ GRANT OF OyE HUNDRED FORTY-FIVE POUNDS, FIVE SHIL- 
^' LINGS AND NINE PENCE HALF PENNY, TO THE SELECT- 

MEN OF THE TOWN OF GLOUCESTER, FOR TAKING CARE 
OF A NUMBER OF SICK PRISONERS. 

Upon the application of the selectmen of the town of 
Gloucester : 

Resolved, That there be allowed and paid out of the 
public treasury, to the selectmen of the town of Gloucester, 
the sum of one hundred and forty-five pounds, five shillings 
and nine pence half penny, in full of their accounts for 
taking care of a number of sick prisoners arrived in said 
town in a cartel from Halifax, Janua.ry 11, 1783. 

February 13, 1783. 



1782. — January Session. 381 



Chap. 39 



Chapter 39. 

RESOLVE ON THE PETITION OF WILLIAM PICKERIXG. 

Upon the petition of WiW'nim Pickering : 

Resolved, That the prayer of the petition be granted, 
and that said Pickering be authorized to tile the complaint 
mentioned in his petition, at the Supreme Judicial Court 
next to be holden at Boston, in the county of Suffolk, on 
the third Tuesday of Febrnary current, and that said Court 
shall have the same cognizance of that complaint, as if the 
same had been filed at November term last, in the county 
of Esse.i\ provided the sheriff of the county of Essex shall, 
three da^'s before the tiling of the said complaint, give 
notice to the said Richard Tappen and Caleb Tappen of 
this order, by reading the same to them, or leaving a true 
and attested copy thereof at their last and usual places of 
alK)de . February 13, 1 783. 



Chapter 40. 

RESOLVE ox THE PETITION OF JOSEPH FREEMAN, AND (JJiaV 40 
OTHERS, OWNERS OF A SAW-MILL IN THE TOWN OF DUX- ^ ' 

BURT. 

On the petition o/" Joseph Freeman, and others: 
^V]lereas Joseph Freeman, and others, oivners of a saiv- 
mill in the toivn of Duxbury, standing on a brook com- 
monly called Island-Creek Brook, have represented, and it 
appears to this Court, that considerable disadvantages 
arise to the petitioners, and to the public, from their being 
obliged te open their gates at « certain season of the year, 
for the purpose of facilitating the passage of the fsh called 
alewives, and that very inconsiderable profit arises there- 
from to the people of the toicn, by reason of the fewness of 
the fish that frequent said brook: Therefore, 

Resolved, That the said petitioners shall not be held 
obliged for the future to open their gates and let out their 
pond, at any season or in any part of the year, for the 
pur})ose of giving passage to the tish called alewives, any 
law, resolve or custom to the contrary notwithstanding. 

February 13, 1783. 



382 1782. — January Session. 



Chapter 41. 

Chap. 41 RESOLVE RESPECTING THE CHOICE OF THREE DELEGATES TO 
^ ' MEET IN CONVENTION, AT HARTFORD, IN THE STATE OF 

CONNECTICUT, ON THE LAST WEDNESDAY IN APRIL NEXT, 
TO CONFER WITH THEM UPON THE SUBJECT OF A GENERAL 
AND UNIFORM SYSTEM OF TAXATION BY IMPOST AND 
EXCISE. 

Resolved, That there l3e chosen by joint ballot, three 
delegates to meet in convention at Hartford, in the State 
of Connecticut, on the last Wednesday in April next, 
with such delegates as may be appointed on the part of 
the States oi J^eiv Hampshire, Rhode Island, Connecticut 
and JSFeiv York ; and to confer with them on the necessity 
of ado})ting within the said States, for their re^spective 
uses, such general and uniform system of taxation by 
impost and excise, as may be thought advantageous to the 
said States, which system being agreed on by the majority 
of the delegates so to be convened, shall be recommended 
to the legislatures of the said States, that laws may be 
enacted to carry the same into execution ; and that the 
said delegates in convention do ao;ree on the form of a 
bill or bills for that purpose. 

And it is further Resolved, That his Excellency the 
Governor be, and he hereby is desired as soon as may be 
convenient, to write circular letters, to the chief executive 
of the said States of iVe?y Hampshire, Rhode Island, Con- 
necticut and Neio York, requesting them to submit to the 
consideration of their respective legislatures the foregoing 
resolution, and the expediency of their appointing dele- 
gates to meet on the said convention of conference. 

February 13, 1783. 

Chapter 42. 

Chap, 42 A GRANT OF TWENTY-FOVR POUNDS TEN SHILLINGS, TO 
•^ EZRA FELLOWS. 

On the petition of Ezra Fellows, praying for payment 
of the expence of removing two cannon from Boston to the 
county of Berkshire : 

Resolved, That there be paid out of the treasury of this 
Commonwealth, the sum of twenty four pounds ten shil- 
lings, to the said Ezra Fellows, in full for the abovesaid 
service. February 14, 1783. 



1782. — January Session. 383 

Chapter 43. 

RESOLVE GRANTING TWELVE POUNDS THREE SHILLINGS, TO (JJiap. 43 
CHARLES COFFIN, CLERK TO THE COMMITTEE FOR SET- ^ 

TLING WITH THE ARMY. 

Resolved, That there l)e allowed and paid out of the 
treasury of this Commonwealth, to Charles Coffin, for 
his service twenty-seven days, as clerk to the committee 
for settling with the army, the sum of tirelve pounds three 
shillings, in full for said service to the first oi November, 
1782. ' February 14, 1783. 



Chapter 44, 

RESOLVE ON THE PETITION OF If7.VS:L0lF P.4Ri<rEi?, ESTABLISH- (JJidrf 44 
ING A CERTAIN LETTER OF ADMINISTRATION MENTIONED -^ * 

IN SAID PETITION. 

On the petition of Winslow Parker, ^^ray/nr/ that a cer- 
tain letter of administration mentioned in the said joetition, 
may he established as good and valid, for reasons in the 
same set forth : 

Wliereas it appears to this Court, that on the tenth day 
of May, in the year one thousand seven hundred and eighty- 
one, the said Winslow Parker ivas intended to have been 
appointed administrator on that part of the estate of 
Nathaniel Parker, late of Groton, gentleman, deceased, 
which then remained unadministered, and the bond of ad- 
ministration was given in the Probate Office for the county 
of Middlesex ; but that it so hap)pened that the letter of 
administration was not signed by the Judge of Probate for 
said county, according to his intention, by which neglect 
the said Winslow Parker may sustain injury, unless 
remedy be had: Therefore, 

Resolved, That the prayer of the said petition be, and 
hereby is, so far granted, as that the said letter of 
administration be established as good and valid, to the 
same degree that it would have been, in case it had been 
signed by the said Judge, on the said tenth day of May, 
one thousand seven hundred and eighty-one. Provided 
ahcays. That nothing in this resolve contained, shall be 
construed to extend to the validatino- the said letter of 
administration in any other respect whatever, so as to 
alter the due course of law. Fehrxiary 17, 1783. 



384 1782. — January Session. 

Chapter 45. 

Char) 45 resolve on the petition of the widow mart wymax of 

"' WOBURN, IN THE COUNTY OF MIDDLESEX, EMPOWERING 

HER TO MAKE SALE OF THE REAL ESTATE MENTIONED, 

On the petition of the widow Mary Wyman, q/'Woburn, 
in the count}/ of Middlesex, praying that some p)erson 
may be impowered to make sale of her third part of the 
real estate of her late husband, Samuel Wyman, of said 
Woburn, deceased, for reasons set forth in her petition : 

Resolved, That Capt. Joshua Walker, of said Woburn, 
be, and he hereby is impowered, to make sale of the 
above mentioned estate, he observing the directions of 
the law for the sale of real estates by executors and 
administrators, and first giving bond, with sufficient 
sureties, to the Judge of Prol)ate for the county of 
Middlesex, to apply the annual interest of the money 
coming by the said sale to the support of said widow, 
during her natural life, and at her decease to pay the 
principal to the heirs at law of the said Samuel in such 
shares as they by law are intitled to receive. 

Fehrxiary 14, 1783. 

Chapter 46. 

Char) 46 resolve on the petition of jonas welch, empowering 
J- the justices of the court of general sessions of 

the peace for the county of SUFFOLK, TO GRANT HIM 

A licence to sell spirituous liquors. 

On the petition of Jonas Welch, praying that, for special 
reasons therein set forth, the Court of General Sessions of 
the Peace for the county of Suffolk may be empiowered to 
grant him a licence to retail sjjirituous liquors in the tovm 
of Boston : 

Resolved, That the Justices of the Court of General 
Sessions of the Peace for the county of Suffolk, at their 
next Sessions, are hereby authorized and empowered to 
grant Jonas Welch a licence to sell spirituous liquors in 
his shop, in the town of Boston, in Prince Street, until the 
usual time for granting licences for the county aforesaid, 
he first obtaining the approliation of the selectmen, and 
enterino- into a recoonizance to observe the rules and 
directions of the law respecting retailers of spirituous 
liquors. • February 17, 1783. 



1782. — January Session. 385 

Chapter 47. 

RESOLVE EMPOWERING EPHRAIM RANDAL, JUN. TO MAKE (JJiaV 47 
SALE OF THE REAL ESTATE MENTIONED IN HIS PETITION. ^' 

On the petition of Ej)hniim Randal, /?»/. guardian to 
John, Hainiah, iNIary, Klijah and Moses Eanclal, minors, 
children of said Ephraim Randal, ^:>?"a?/mr/ /b?* liberty to 
sell several pieces of land, witJi some buildings thereon, 
lying chiefly in the toionof Milton, in the county q/" Suf- 
folk, belonging to said children, for reasons set forth in 
said petition: 

liesolved. That the prayer of the petitioner be granted, 
and that he the said Epliraini Randal, in his said capacity, 
be, and he hereby is authorized and empowered, to make 
sale of all the real estate mentioned in his petition, for the 
most the same will fetch, and make and execute a good 
and lawful deed or deeds to the purchaser or purchasers 
thereof, he observing the rules and directions of the law for 
sale of real estates by executors and administrators, he titst 
giving sufficient security to the Judge of Probate for the 
said county of Suffolk, that the proceeds coming by the 
sale of said estate, be kept on interest, for the benefit of 
said children, until they shall arrive to full age, and be 
paid to each child severally, in their due proportion, 
according to law. February 14, 1783. 



Chapter 48. 

RESOLVE ON THE PETITION OF JESSE KELLOGG. 

On the petition of Jesse Kellogg, administrator on the 
estate of Daniel Kellogg, deceased, praying, for reasons 
therein set forth, for leave to convey lands belonging to the 
said Daniel Kellogg's estate: 

Resotved, That, provided the said Jesse Kellogg shall 
previously give bond to the Judge of Probate for the 
county oi' Berl'shire, with sufficient surety or sureties, for 
his being accountable to the creditors of the said estate 
for the full value thereof, that he be, and he hereby is im- 
powered, to make a conveyance of all the real estate of 
the said Daniel Kellogg, which hath been inventoried and 
appraised, and that the said conveyance shall be a good 
and sufficient security against the claims and demands of 
the heirs of the said Daniel Kellogg, any law of this 
Commonwealth to the contrary notwithstanding. 

February 14, 1783. 



CJiay, 48 



386 1782. — January Session. 



Chapter 49. 

ChaV' 49 RESOLVE on the petition of timothy PARKER, EMPOWER- 
^ ' ING THE JUDGE OF PROBATE FOR THE COUNTY OF SUFFOLK 

TO RECEIVE THE CLAIMS OF THE SAID PARKER, AGAINST 
THE ESTATE OF SAMUEL SB WALL, AN ABSENTEE. 

0)1 the petition of Timothy Parker, j)raying that a debt 
due to him from Hull Sewall, late of Brookline, deceased, 
may he paid the 'petitioner, out of the estate of the said 
Hull's brother, Samuel Sewall, an absentee; the estate of the 
said Hull by laiv falling into the hands of the said Samuel : 

Resolved, That the Judge of Probate for the county of 
Suffolk be, and he is hereby authorized, to receive the 
claims of the petitioner, and allow to him, out of the 
estate of the aforesaid absentee, what shall be found due 
thereon, in the same manner as if the debt had been con- 
tracted by the said Samuel Sewall, an}" law or resolve to 
the contrary notwithstanding. February 14, 1783. 



Chap. 50 



Chap. 51 



Chapter 50. 

RESOLVE ALLOWING PAY TO THE COMMITTEE APPOINTED IN 
THE RECESS TO TAKE A GENERAL VIEW OF THE COUNTY 
OF BERKSHIRE, FOR THEIR SERVICES AND EXPENCES. 

Resolved, That there be allowed and paid out of the 
public treasury, to the Hon. Charles Turner, Esq ; the 
sum oi tiventy pounds eighteen shillings, and to the Hon. 
Artemas Ward, Esq ; the sum of twelve pounds ten shil- 
lings, and to the Hon. John Sprague, Esq ; the sum of 
eleven pounds fourteen shillings, being in full for their 
services and expences as a committee, sent to take a 
general view of the county of Berkshire, in the last recess 
of the General Court ; and that all said sums, amounting 
to fortyfive pounds two shillings, be charged to the 
county of Berkshire on the next State tax. 

February 7, 1783. 

Chapter 51. 

RESOLVE ON THE PETITION OF THE COMMITTEE OF CORRE- 
SPONDENCE, &c. OF THE TOWN OF FRAMLXGHAM, EMPOW- 
ERING THEM TO DELIVER NATHANIEL BRINLEY CERTAIN 
ARTICLES OF FURNITURE, &c. 

The committee of both Houses, on the petition of the 
committee of. correspondence, (&c. of the town of Framing- 
ham, report the following resolve. 



1782. — January Session. 387 

Resolved^ That said committee be, and they are hereby 
authorised and directed, to deliver to Nathaniel Brinley, 
"Nvithin one month from the date hereof, at the town of 
Fvamimiluim, where they are now stored, all the articles 
of liousehold furniture and farming uteiTsils mentioned in 
the schedule herewith exhibited by said committee to this 
Court ; as also a State note dated the tirst oi April, 1779, 
for -fifteen pounds, one ditto dated the first of January, 
1777, for ninety-six pounds, one ditto dated the twenly- 
seventh of October, 1778, for ten poinids two shillinr/s, one 
dated the first of December, 1777, for nineteen pounds Jive 
shillings, and one ditto dated July the second, 1778, for 
ten pounds nineteen shillings, also, twenty-one shillings, 
in paper money, of the old emission ; the said sums being 
part of the sales of said Brinley'' s stock and eifects sold 
by said committee, the said committee to be paid twenty- 
seven pounds, out of such debts as arose from the sales 
aforesaid, when the sums shall be recovered; and upon 
delivery and paj-ment as aforesaid, all actions, suits and 
demands, respecting the premises, to be forever barred 
between the said Brinley and the said committee. 

February 17, 1783. 

Chapter 53. 

RESOLVE ON THE PETITION OF JOSEPH IVASHBURX, GVAUBIA'N QhaV 52 
TO THE CHILDREN OF CAPT. EBENEZER COX, LATE OF ^' 

HARDWICK, IN THE COUNTY OF WORCESTER, DECEASED. 

On the petition of Joseph Washburn, guardian to the 
children of Gapt. Ebenezer Cox, late of Hard wick, iii the 
county of Worcester, deceased, setting forth , that Elizabeth 
Cox, sole executrix to the last luill and testament of said 
deceaseds, did by deed convey irnto Timothy Euggles, J^sq; 
late of said Hardwick, an absentee, all the real estate belong- 
ing to said Ebenezer Cox, deceased, and that said Ruggles 
did give his bond for the jxiyment of three hundred pounds, 
for the purcliase of said estate, ivhich yet remains due: 
But whereas said executrix did not give bond into the 
Probate Office for the county o/Worcester, that the money 
arising from the sale of said estate, should be ajjplied in 
the manner ordered and directed by the last will and testa- 
ment of said deceased, which ivas expressly ordered by the 
testator, and other attendant circumstances respecting that 
matter, renders it doxdjtful whether the orphan children 



388 1782. — January Session. 

and heirs of said deceased, may not be defrauded of their 
interest in their said father s estate, contrary to the express 
intent of said testator: Therefore, 

Resolved, That the deed above referred unto, be, and 
hereby is declai^d, null and void ; and that the bond 
given for the purchase, be cancelled, and that the said 
executrix be impowered to make sale of the premises, and 
o;ive a o-ood deed or deeds of the same, she first ofivinsj 
bond, with sufficient sureties, to the Judge of Probate for 
the county of Worcester, that the proceeds of such sale 
shall be applied in the manner ordered and directed in and 
by the last will and testament of said Ebenezer Cox. 

February 15, 1783. 



Chap. 



Chapter 53. 

53 RESOLVE DIRECTING THE COMMITTEE FOR METHODIZING AND 
STATING ACCOUNTS, TO ATTEND TO THE ARRANGEMENT OF 
THE ACCOUNTS OF THIS COMMONWEALTH, AGAINST THE 
UNITED STATES. 

Whereas the accounts of this Commonwealth, against the 
United States, are still incompleat, notivithstandiiig the 
repeated orders of the General Court: And ichereas it 
is ahsolidely necessary to have them ready for final adjust- 
ment, without further delay : 

Resolved, That the committee for methodizing and 
stating the accounts of this Commonwealth, be, and they 
hereby are impowered and directed, to call on the Treas- 
urer, the Commissary General, or any other person or 
persons to whom money has been advanced for Continen- 
tal purposes, or who have furnished money or stores for 
the service of the United States, on account of this Com- 
monwealth, for their accounts and vouchers therefor, 
which accounts and vouchers the Treasurer, the Commis- 
sary General and other persons as before described, are 
herel)y directed to deliver to said committee, taking a 
receipt therefor, which said committee are hereby directed 
to give. And the said committee are further directed 
immediately to attend to the arrangement of the accounts 
of this Commonwealth, against the United States, that 
there may be no further delay in having them ready for 
final adjustment. 

And it is further Resolved, That his Excellency the 
Governor be requested immediately to write to Robert 



1782. — January Session. 389 

Morrifi, Esq ; Superintendant of Finance, requesting that 
a commissioner or commissioners may be nominated to 
examine and adjust the accounts of this Commonwealth 
Hgainst the United States, agreeable to the resolves of 
Congress. " February 11, 1783. 

Cliapter 54. 

RESOLVE ON THE GOVERNOR'S MESSAGE OF THE 4th FEBRUARY Chap. 54 
INST RESPECTING \VARRANTS ON THE TREASURY, FOR SER- ^' 

VICES OR SUPPLIES TO THE UNITED STATES; AS ALSO WAR- 
RANTS IN FAVOUR OF THE CREDITORS TO ABSENTEES 
ESTATES. 

On the mfssage of Jiis Excellency the Governor of the 
AtJi in St. 

Resolved, That no warrant be drawn on the public 
treasury until the further order of this Court, for services 
or sujiplies to the United States in favour of any person 
or persons other than the Superintendant of Finance, or 
such person or persons as are or may be deputed by him 
to receive the monies which are or may be raised within 
this State, on requisitions of Congress for Continental 
purposes. 

liesolved, That no warrants be granted in favour of any 
creditor to estates of conspirators or absentees on the 
public treasury, unless the certificate of the Judge of 
Probate, ascertaining the sum due, be accompanied with 
a certificate from one or more of the committee appointed 
to sell such estates within the county in which the same 
may lie, purporting that the said committee, have paid 
to the creditor to said estate, or his order, no part of his 
claim or the sum (if any) which they may have paid in 
part thereof. February 14, 1783. 



Chapter 55, 

RESOLVE ON THE PETITION OY ELIZABETH CHAMBERLAIN K^D 
MARY HIST. 

On the pf-tition of Elizabeth Chaml)erlain and Mary 
Hunt, prcu/ing {for reasons set forth in said petition) that 
tltey may he allowed, on particular conditions^ to purchase 
a certain dwelling house in Hanover Street, lately belong- 
ing to Alextmder Chamberlain o/" Boston, deceased, ivhich 
estate appears to have been mortgaged to Thomas Hutchin- 
son, Esq; a conspirator and absentee, and still to remain 
under mortgage as aforesaid: 



Chap. 55 



390 1782. — Jaxuaiiy Sessiox. 

JRfisolved, That the committee for makino- sale of the 
estates of absentees in the county of Suffolk, he, and here- 
l)y are authorized and impowered, to give and execute a 
good and lawful deed of the said house and the land 
thereto belonging, on the said Elizabeth and Mary pay- 
ing to the said committee, for the use of this Common- 
wealth, such sum as the said house and land shall be 
appraised at, hy three judicious men, under oath, and 
mutually chosen by the said committee and the said 
petitioners. February 18, 1783. 

Chapter 56. 

Chan. ^Q RESOLVE on the petition of WILLIAM PHILLIPS, JUN. 

On the petition q/" William Phillips, jun. 

Resolved, That Seth Paddleford, Esq ; agent for the 
estate o^ Daniel Leonard, Esq ; of Taunton, an absentee, 
be, and he is hereby authorized and directed, to give 
possession to William Phillips, ^nn. of Boston, executov 
of the estate of Josiah Quinci/, jun. Esq ; of said Boston, 
deceased, a certain dwelling house in Boston, being a part 
of the real estate of his wife, which, by means of the con- 
fiscation of his propert}', has accrued to this Common- 
Avealth, and which this Commonwealth is now in possession 
of, and entitled to hold, during the life of the said Daniel, 
for the purpose of discharging a promissory note of hand, 
in the sum of one hiindr<-d pounds, with interest thereon, 
from the first day of May, 1771, given by said Daniel 
Leonard to said JosiaJi Quincy, jun. for cash lent him, as 
will appear by said note; and that said William BJiillips, 
jun. t.ike pos^'ession of said house, and make such repairs 
as are necessary for the preservation of said house, and 
rent the same, and receive the monies arising therefrom, 
until the aforesaid note is satisfied : and also the sum 
paid for the repairs aforesaid ; and that said P/a7/?jjs be 
accountable to the Commonwealth for his conduct herein. 

February 15, 1783. 

Chapter 57. 
Chan 57 p^esolve on empowering timothy chexey to make sale 

^ ' OF A CERTAIN TRACT OF LAND MENTIONED IN HIS PETI- 

TION. 

On the petition of Timothy Chene}^ guardian to James 
Ellis, o/'Medfield, a non co7vpos j)€rso7i, jji'aying that he 



1782. — January Session. 391 

mm/ be empowered to make sale of about ei'jJity acres of said 
EUi.s's land^hjing in Dcdham, for reaso)is mentioned in his 
jjetition : 

Besolved, Thiit the said Timothy Cheney, in his said 
ca})acity, be, and he herel)y is fully authorized and 
cnii)()uei'ed, to make sale of the said eiuhty acres of land, 
for the most the same will fetch, and to make and execute 
a good and lawful deed or deeds of the same, to the pur- 
chaser or i)urchasers thereof, he ol)serving the rules and 
directions of the law for the sale of real estates by execu- 
tors and administrators, and first giving bond, with suffi- 
cient sureties, to the Judge of Probate for the county of 
Suffolk, to apply the money arising from the aforesaid 
sale, to payment of the just debts of the said James 
Ellis, and for his former and future support. And if any 
of the proceeds of the said sale should remain at the 
decease of the said James, the same to be paid to his 
heirs at law. February 17, 1783. 

Cliapter 5S. 

RESOLVE ArrOIXTING AGENTS TO PROSECUTE ALL TRESPASSES nj.fj^ TQ 
ON A TRACT OF LAND ADJOINING THE TOWN OF S AS FORD, ^'*"i ' *"' 
AND BETWEEN THE TOWN OF LEBANON AND THE LANDS 
LATELY CONFIRMED TO THE PROPRIETORS CLAIMING UNDER 
NICHOLAS SHAPLEKiH, IN THE COUNTY OF YORK, SINCE 
OCTOBER, 1780. 

Whereas there is a tract of land adjoining the town of 
Sanford, a»(Z between the town of Liehanon and the lands 
lately confirmed to the proprietors claiming under Nicholas 
Shapleigh, containing about two thousand acres, ivithout 
the bounds of aiiy incorporated tow 7i, the property of this 
Commonwealth, upon ichich land there are many valuable 
masts; and as it is said that some persons have made strip) 
and waste thereon, and are again preparing to carry off 
the mast trees aforesaid, by cutting them into loggs, and 
for other uses: Tlieref ore, to prevent any further destruc- 
tion of tlie said timber, and also that such as have hereto- 
fore trespassed on the said land may be called upon to make 
speedy satisfaction therefor. 

It is Besolved, That Dominicus Goodwine, Esq ; and 
William Frost, jun. Gentleman, both oi Berwick, in the 
county of York, be, and hereby are appointed agents to 
connnencc and prosecute to final judgment and execution, 
in the name and behalf of this Commonwealth, any })erson 



392 1782. — January Session. 

or persons that hath or have committed any trespass on 
the said hind, since the 25th day of October, one thousand 
seven hundred and eighty, or that hereafter may commit 
trespass thereon, and the said agents may submit to refer- 
ence, any action or suit, or supposed cause of action, in 
the same way and manner they can submit their private 
suit, and to account with the .Judge of Probate for the 
county of Yorh, for all sums of money they may recover 
and receive m consequence of this resolve, and to pay into 
the treasury of this Commonwealth, such sum or sums as 
may, on their account so examined and allowed, appear 
to be due to the State ; and the Treasurer's receipt shall 
be a full discharge for all such sums as they may pay : 
And to prevent any alteration respecting the manner of 
bringing actions the stile shall be, " To answer to the 
Commonwealth of 31assaclmf<elts, who sue by Dominicus 
Goodwine, Esq ; and William Frost ,]w\-\. Gentleman, both 
of Beriuick, in the county of York, agents in that behalf, 
specially appointed." And the personal appearance of 
either of the said agents in Court, or such council learned 
in the law as they may appoint, shall be sufficient to sus- 
tain any action. February IS, 1783. 



Chapter 59. 

Chan 59 i^^soLVE empowering the judge of probate for the 

^ county of SUFFOLK, TO RENEW THE COMMISSION HERE- 

TOFORE GRANTED ON- THE ESTATE OF CHARLES WARD 
APTHORP, AN ABSENTEE, IN THE INSTANCE OF JAMES 
OTIS, ESQ; OF BOSTON. 

Resolved, That the Judge of Probate for the county of 
Suffolk, be, and he hereby is authorized, empowered and 
directed, to renew the commission heretofore granted on 
the estate of Charles Ward Ajythoi'j), late of Boston, an 
absentee, in the instance of James Otis, of Boston, Esq ; 
any certificate of the whole account of the demands on the 
estate of the said diaries Ward Apthorj) being already 
made notwithstanding ; and said Judo-e and Commissioners 
appointed or to be appointed on" the claim of said James 
Otis, against said Charles Ward Aptliorp's estate, are 
hereby empowered, authorized and directed, to receive, 
examine and act on said claim as fully, to all intents and 
purposes, as if it had ))een exhibited at any time hereto- 
fore, and the said James shall receive the same benefit 



1782. — January Session. 393 

therefrom as others the creditors and cluimers against the 
estate of the said Cliarles, by hiw or equity have received, 
or may receive, said James Oils making oath, and con- 
forming himself to such other legal steps, as the other 
creditors have taken, or may hereafter by law be obliged 
to pursue. Provided^ the said James shall not receive 
any benetit in consequence of this resolve, beyond the 
extent of said Aj^fhorp's estate. February 15, 1783. 

Chapter GO. 

RESOLVE ON THE PETITION OF AARON AND ^V.V^ BVCK. ChaV. GO 

0)1 the petition q/* Aaron and Anna ^ack, pra7/in(/ for 
liberty to convey a certain tract of land, lying in the to)rn 
of Stockbridge, to Joseph Brace, which the said Anna 
hath obliged herself to do, the said Anna being administra- 
trix on the estate o/"Mark St. John, and guardian to his 
ch ildren : 

Resolved, That the prayer of the petition be granted, 
and that the said Aaron and Anna be, and hereby are 
authorized, to make and execute a good and lawful deed 
unto Joseph Brace, of the abovesaid land, which belongeth 
to the estate of Mark St. John, late of Stockbridge, 
deceased, they the said Aaron and Anna first giving bond, 
with sufficient sureties, to the Judge of Probate for the 
county of Berkshire, that if the land they have already 
purchased for the heirs of the said Mark, is not of equal 
value to the land they are herel>y permitted to convey, 
they will pay to each of the heirs aforesaid, when they 
shall arrive at lawful age, such a sum of money as the 
Judge of Probate for the county oi Berkshire shall deter- 
mine to be just and reasonable. February 15, 1783. 



Chapter 61. 

RESOLVE ON THE PETITION OF SYLVANUS DREW. 

On the petition of Sylvanus Drew, praying for the 
depreciation of his wages, from May, 1775, to May, 1779 : 

Resolved, That the committee for settling with the army, 
be, and they are hereby directed, to settle with Sylvanus 
Drew, and make up the depreciation of his wages, in th^ 
same manner as others in similar circumstances have been 
made up. February 15, 1783. 



Chap. 61 



394 1782. ~ January Sessiox. 

Chapter G2. 

Chan. 62 resolve granting leave to thomas gold to go to new 

^ ' YORK, requesting HIS EXCELLENCY THE GOVERNOR TO 

RECOMMEND HIM TO THE COMMANDER IN CHIEF OF THE 
ARMY. 

0)1 the j)etition o/" Thomas Gold, jva^/inr/ fo7' leave to go 
to New York : 

Resolved, That his Excellency the Governor be and he 
hereby is requested, to recommend the said Thomas Gold 
to the Commander in Chief of the army, for a passport for 
his the said Gold's passing- into New York (under such 
restrictions as the said Commander in Chief may think 
proper) and returning. Provided, That the said Thomas 
Gold shall not bring with him goods of any kind from any 
of the enemies ports. February 18, 1783. 

Chapter G3. 

Char> 63 i^esolve on the petition of ezra kexdal, empower- 

^ ■ ' ING HIM TO MAKE SALE OF THE LAND MENTIONED. 

On the petition of Ezra Kendal, guardian to Phel)e 
Hagget, a minor, praying for liberty to sell the real estate 
of said minor, for reasons set forth in liis petition : 

Resolved, That the ])rayer of the petitioner be granted, 
and that he the said E?:ra Kendal be, and he is hereby 
authorized and eitipowered, to make sale of the land set 
forth in his petition, for the most the same will fetch, and 
make and execute a good and lawful deed or deeds to the 
purchaser or purchasers, he observing the rules and direc- 
tions of the law for the sale of real estates by executors 
and administrators, he first o-iving sufficient securitv to 
the Judge of Probate for the county of Essex, for the pro- 
ceeds and interest of the sale of said land, to be paid to 
said minor, when she shall arrive to h\wful age ; and in 
case said minor shall decease before she arrives to lawful 
age, then the said proceeds shall be paid to the proper 
heirs, in due proportion. February 17, 1783. 

Chapter 64. 

Chan 64 I^ESOLVE directing JOSEPH BAKER,ESQ; to GIVE BOND FOR 

^ ■ THE BALANCE DUE TO GOVERNMENT, AND EMPOWERING 

, THE TREASURER TO DISCH.\RGE HIM IN RECEIPT THEREON. 

Resolved, That Josfp)h Baker, Esq ; in consideration of 
the large amount of the ballance due from him, and the 



1782. — January Session. 395 

possibility which he sn2:gests in his petition that l)y error 
in his accounts the ballance due from him may be consid- 
erably lessened, if time is given him to revise said accounts 
and his transactions for the public, do give bond to the 
Treasurer of this Connnonwcaith for the sum o{ fifteen 
hundred and ni)ie pounds sixteen shillhif/s and tJiree 2)ence, 
in specie (being the iimount of the ballance aforesaid) on 
demand, with interest until paid; and that the Treasurer 
be, and he hereby is empowered and directed, on receipt 
thereof, to discharge the said Baker from the l)allance 
aforesaid ; and that he lodge his receipt to the Common- 
wealth, for the said bond, in the Secretary's office. 

February 17, 1783. 



Chapter 65. 

RESOLVE ALLOWING LOVE ADAMS AN ANNUAL INTEREST OF 
SIX PER CENT. ON ONE THIRD PART OF THE SUM FOR 
"WHICH THE REAL ESTATE OF DR. JOSEPH ADAMS, LATE 
OF LISCOLN, AN ABSENTEE, HAS BEEN SOLD. 

Whereas in and by a law of this Commonwealth, made 
and passed in tlie year of our Lord, 1761, provision is 
made that ivhere the icife or widow of any conspirator or 
absentee, remains in this Commonwealth, one third p)art of 
such conspirator's or absentee's real estate shall be exempt 
from sale, and allotted as dower to the support of such wife 
or widoio. And ichereas the real estate of Dr. Joseph 
Adams, late of Lincoln, an absentee, has by some means 
been sold for the use of Government, without any part 
thereof being exempted from sale, and allotted to the support 
of his wife, Mrs Love Adams : 

Therefore Resolved, That there be allowed and paid out 
of the treasury of this Commonwealth, to the said Love 
Adams, an annual interest of six per cent, on one third 
part of the sum for which the said estate has been sold 
(being reduced to s})ecie l)y the scale of depreciation) 
from the time of sale during her ab )de in any of the 
United States, in lieu of her dower ; and the Governor, 
with advice of Council, is authorized and requested to 
issue his warrant for the payment of such interest for the 
time past, and annually afterward. 

February 17, 17 S3. 



Chap. 65 



396 1782. — January Session. 

Clia])ter 66. 

Chap. 66 RESOLVE on the petition of EZRA KENDAL, EMPOWER- 
ING HIM TO MAKE SALE OF THE LAND MENTIONED. 

On the ]}etition of Ezm Kendal, guardian to James 
Blanchard, and Abigail Blanchard, mino7's, children of 
James Blanchard, late of Andover, deceased, and Abigail 
Phelps, late widow of the said James Blanchard, deceased^ 
^rayhui for lihtrty to sell the real estate of said Blanchard, 
as set forth in tJteir petition : 

Resolved, That the prayer of the petition be granted, 
and that he, the said JEzra Kendall, be, and he is hereby 
authorized and empowered, to make sale of all the land 
and l)uildings of James Blanchard, referred to in his, the 
said KendaVs petition, for the most the same will fetch ; 
and make and execute a good and lawful deed or deeds to 
the purchaser or purchasers, he observing the rules and 
directions of the law for the sale of real estates by execu- 
tors and administrators, he first giving sufficient security 
to the Judge of Probate for the county of Essex, for the 
whole proceeds of the sale, and the interest of one third 
part of the whole proceeds to be paid to the widow of said 
Blanchard, deceased, annually, during her natural life ; 
and the proceeds of the other two thirds, with the interest, 
excepting so much as shall be found necessary for the 
payment of taxes, to be paid to the said James and 
Abigail, the legal heirs of said estate respectively, as they 
shall arrive to lawful age, in due proportion, agreeable to 
law ; and after the said widow's decease, her thirds shall 
remain the property of the aforesaid heirs in legal pro- 
portion . February 17, 1 783. 

Chapter 67. 

Chart 67 ^^^olve relative to the proceedings of the committee 

L ' FOR receiving THE PUBLIC EFFECTS FROM THE ADMINIS- 

TRATORS OF THE LATE TREASURER GARDNER. 

Resolved, That the Hon. Benjamin Austin, Esq ; and 
others, the committee appointed to settle the accounts of 
the late Treasurer Gardner, be, and they hereby are 
directed, to consume to ashes the bills of the new emis- 
sion, found in the ofiice of the said Treasurer, which have 
been received Ijy the Honorable William Phillijps, and 



1782. — January Session. 397 

others, a coniiiiittce appointed to receive the public effects 
from the administrator of the said Treasurer ; and that all 
notes, certificates and securities of government, which 
have been brought into the treasury for consolidation, be 
defaced, and in that state carefully preserved, that any 
mistakes in computing the same may be rectified. 

A)id whereas it is necessary that an account of tite several 
certificates of pei'sons employed in the office of the Quar- 
ter blaster General, on which monies have been advanced 
from the treasury, or for ivhich notes of consolidation have 
been given, should, as soon as viay be, be foricarded to 
Congress, that the accounts of those who subscribed the 
said certificates, inay be liquidated, and that this Common- 
wealth may be credited for the amount of tlie same: 

It is further Resolved, That the committee for stating 
and methodizing public accounts, make out, without delay, 
a regular account of all those certificates which have been 
found in the ofhce of the late Treasurer Gardner, of the 
sums paid on the said certificates, or for which notes of 
consolidation have been given, with the names of the per- 
sons who subscribed the said certificates respectively. 

Whereas there is now remaining in the treasury of this 
Commonweal fJi, seven hundred and sixty-three thousand, 
nine hundred and thirty-eight dollars, of the emissions of 
May 20, 1777, and April" 11, mS, ivhich should have 
been forwarded by the late Treasurer Gardner to Michael 
Hillegas, Esq; Continental Treasurer. 

Resolved, That the committee for receiving the public 
effects from the administrator on the estate of the late Treas- 
urer Gardner, deliver the said seven hundred and sixty- 
three thousand, nine hundred thirty-eight dollars, to Thomas 
Ivers, Esq ; who is hereby directed, immediately to inform, 
by letter,. the said Michael Hillegas, Esq ; of these monies, 
and that the same are held subject to his order. 

And whereas there are in the hands of the committee 
above mentioned {projierty of the Commonwealth) eighty- 
six Loan Office notes, amounting to thirty-four thousand four 
hundred dollars, on ivhich a large interest is due: 

Resolved, That the said certificates be delivered to 
Thomas Ivers, Esq ; who is hereby directed to receive the 
same, giving duplicate receipts therefor, one of which to 
be lodged in the Treasurer's ofiice, and to take the neces- 
sary measures to recover the interest due thereon. 

February 17, 17 S3, 



393 1782. — January Sessioin-. 

Chapter 68. 

Chau 68 RESOLVE on the petition of ^.v.v^ prentice, empower- 

^ ' ING HER to make SALE OF THE REAL ESTATE MENTIONED. 

On tlie petition of Anna Pi-entiee, praying for licence to 
make sale of the real estate of Samuel Harrington, late of 
Grafton, deceased, for reasons set forth in her petition : 

Res'lved, That the prayer of said petitioner be granted, 
and that she the said Anna Prentice be, and hereby is 
empowered, to make sale of the real estate in her petition 
mentioned, for the most the same will fetch, and make and 
execute a good and lawful deed or deeds to the purchaser 
or purchasers, she observing the rules and directions of 
the law for the sale of real estates by executors and 
administrators, first giving sufficient security to the Judge 
of Probate for the cnunty of Worcester, that the proceeds 
of said s lie shall be applied in manner following, viz. that 
the interest of one third part thereof be annually paid to 
the widow of the deceased, during her natural life, and the 
remainder of the other two thirds, if any there be, after 
the just debts are paid, and deducting the charges of sale, 
be put on interest for the benefit of the heirs, and paid 
them in legal proportion, as they res[)ectively arrive at 
lawful age, and the other third, after the just debts are 
paid (if any be) shall be paid in like proportion to said 
heirs, immediately after the decease of said widow, if 
they then shall be of lawful age ; but if it should so hap- 
pen, that any of said heirs should then be minors, in that 
case the same shall be paid in legal proportion as they 
shall severally arrive to lawful age. 

February 18,171^3. 



Chap. 69 



Chapter 69. 

RESOLVE ON THE PETITION OF TIMOTHY DAXFORTU, EMPOW- 
ERING HIM TO MAKE SALE OF THE REAL ESTATE MEN- 
TIONED. 

On the petition of Timoth}' Danforth, administrator on 
the estate o/ John Tatm m, late <f Billerica, in the county 
of Middlesex, deceased, praying for liberty to sell the real 
estate of said deceased, for reasons setfurtJi in Ins petition : 

Resolved, That the aforesaid Timothy Dnnfirth be, and 
he hereby is impowered, to make sale of the real estate of 
the aforesaid John Tntman, deceased, for the most the 



1782. — January Session. 399 

same will fetch, and make and execute a good and lawful 
deed or deeds of the same, to the purchaser or purchasers 
of said estate, he the said B'.inforth observing the rules 
and directions of the law for the sale of real estates by 
executors and administrators, and giving sufficient security 
to the Judge of Probate for said county of Middlesex, that 
the proceeds arising by the sale of said estate be applyed 
for the payment of the debts of said deceased, and the use 
of the heirs of said Tatiiian, according to law. 

February 18, 1783. 

Chapter 70. 

RESOLVE GRANTING FIFTEEN POUNDS TWELVE SELLINGS, QJiap^ 7() 
PER ANNUM, TO BELINDA, AN AFRICAN. ARISING FROM 
THE RENTS AND PROFITS OF THE ESTATE OF ISAAC 
ROYAL'S ESTATE. 

0)1 tJie petition o/ Belinda, an African: 
Resolved, That there be paid out of the treasury of this 
Commonwealth, out of the rents and profits arising from 
the estate of the late Isaac Royal, Esq ; an absentee, ^7*- 
teen pounds twelve sJiillings, per annum, to Belinda, an 
aged servant of the late Isaac Royal, Esq ; an absentee, 
until the further order of the General Court, for reasons set 
forth in said Belinda's petition. February 22, 1783. 

Chapter 71. 

RESOLVE ON THE PETITION OF MARGARET SCOTT, EMPOWER- njirr.) J] 
ING HER TO SELL THE STRIP OF LAND MENTIONED. ^ ' 

On the i^edtion of ^Margaret Scott, administratrix on 
the estate of Daniel Scott, late of Boston, deceased, and 
John Lucas, guardian to the children of said deceased, 
praying for liberty to sell a strip of land lying in said 
Boston, to enable them to discharge a mortgage against 
the est'ite of said deceased, for such reasons as set forth 
ill their petition : 

Resulved, That the prayer thereof l)e granted, and that she 
the said Margaret Scott, in her said capacity, be, and she 
hereby is autiioriscd and empowered, to sell said strip of 
land mentioned in her petition, for the most the same will 
fetch ; and make and execute a good and lawful deed or 
deeds, to the purchas r or purchasers thereof, observing 
tlie rules and directions of the law for the sale of real 
estates by executors and administrators ; she first giving 



400 1782. — January Session. 

sufficient surety to the Judge of Probate for the county of 
iSuffolk, that the proceeds l)y the sale of said hmd be 
applied for the purpose of discharging the mortgage men- 
tioned in their petition ; and if any should remain after 
said mortgage is discharged, the same to be put on inter- 
est, for the benelit of the legal heirs ; and the real estate 
of said deceased, after those incumbrances are taken off, 
shall be held to the proper heirs at law of said deceased, 
as though his estate had been clear of all incumbrances at 
his decease. February 20, 1783. 

Chapter 73. 
Chan. 72 tiesolve empowering lucy damon, to make sale of 

■'■ ' THE REAL ESTATE MENTIONED. 

On the petition of Lucy Damon, adtninistratj'ix on the 
estate of her husband, Jabez Damon, late of Heading, in 
the county of JNIiddlesex, deceased, and executrix of the 
toill of her father in laio, Joseph Damon, praying for 
liberty to sell some part of the real estate which ivas her 
said father'' s and husband's to enable her, in her said 
capacities, to pay both debts and Ucjacies, for reasons 
set forth in her pjetition: 

Resolved, That the prayer of the petition be granted, 
and she the said Lucy Damon be, and she is hereby 
authorized and empowered, to make sale, for the most it 
will fetch, of so much of the real estate now under her care 
(in said capacities) as to enable her to pay both debts 
and legacies, and the necessary charges arising, and make 
and execute a good and lawful deed or deeds to the pur- 
chaser or purchasers thereof, observing the rules of the 
law for executors and administrators, she first giving 
bonds, with sufficient sureties, to the Judge ot Probate 
for the said county of Middlesex, that the proceeds arising 
by the sale of such estate, be appropriated for the purpose 
aforesaid. February 20, 1783. 

Chapter 73. 

Char) 73 i^esolve discharging benjamin Lincoln, esq; and others, 

^ * A committee appointed to settle the accounts left 

unsettled by the committee of supplies, appointed 

BY THE provincial CONGRESS, IN 1774, FROM ANY DE- 
MANDS. 

Whereas it aj^pears, that the Hon. Benjamin Lincoln, 
Usq; and others, were apj)ointed a committee to settle the 



1782. — January Sessiox. 401 

accounfs Jpft iinfiettled hy the committee of supplies, ap- 
pointed hij the Provincial Congress, in 1774, and that thej 
proceeded far in the said business, and had in. their hands, 
one hundred and seventy-nine pounds, seven shillings 
and six pence, ichich the said Lincohi, as chairman (f the 
said committee, paid into the treasury, as the balance of 
the said accounts by them received; and the original pap)ers 
and vouchei's to the above business being, by order, deliv- 
ered to Joseph Henderson, J^'sq; who for warded the same 
to Congress, and they cannot now become at: Therefore, 

Besolved, That Benjamin Lincoln, Esq ; and others, a 
committee appointed to settle the accounts left unsettled 
by the committee of supi)lies, a])pointed by the Provincial 
Congress, in 1774, be, and they are hereby discharged 
from any demands on them in their said capacity, from 
this Commonwealth ; and that the committee appointed 
for stating and methodizing the public accounts, be, and 
they arc here])y directed, to govern themselves accord- 
ingly. " February 22,1783. 

Cliapter 74. 

RESOLVE ON THE PETITION OF TIMOTHY HODGDON, EMPOW- fll^f^r,^ 74 
ERING THE COMMITTEE ON CONFISCATED ESTATES, IN YORK ^''"i^- ** 
COUNTY TO MAKE AND EXECUTE A DEED OF RELEASE OF 
THE LAND MENTIONED. 

On the petition q/' Timothy Hodgdon, setting forth, that 
in the year 1774, he did bargain with John Sparhawk, 
Esq; agent to Sir William Pepperell,/br twenty-one acres 
and two-thirds of land, lying in Arundel, in the county of 
York, and paid for the same, but never had a deed of it; 
and that it is now out of liis i^oicer to obtain one: 

Therefore Resolved, That the committee on the sale of 
contiscated estates for the said county of Yoi^k ( or any one 
of them) be, and they are hereby empowered and directed, 
in behalf of this Commonwealth, to make and execute a 
deed of release to the said Timothy Hodgdon, of the 
beforementioned twenty-one acres and tw^o-thirds of an 
acre of land. February 20, 1783. 

Cliapter 75. 

RESOLVE ON THE PETITION OF ELIZABETH WILDRIDGE, OF QJiart 75 
FALMOUTH IN THE COUNTY OF CUMBERLAND. ^ ' 

On the 2^etition of Elizal)eth Wildridge, of Falmouth, 
in the county of Cumberland, pi'aying {for reasons set 



402 1782. — January Session. 

forth in said pe(ilioii) that a small real estate, lately 
heloiiriing to James Wildridge, late of said Falmouth, 
deceased, v:lncJi estate agreeable to the Unvs of this Com- 
monivealth, hath been confiscated to the use of the said 
Commonv:ealth, may be restored to her the said Elizabeth 
and her children: 

Hesolved, That the committee for mnking sale of the 
estates of absentees in the county of Cumberland, be, and 
hereby are directed, not to proceed to sell the estate 
abovemeniioned, nor to disturb the said Elizabeth in the 
quiet possession of the same till the further order of the 
General Court. February 22, 1783. 

Chapter 76. 

Chan 76 i^esolve on the petition of naomi platt, of laxes- 

^ ' BOROUGH, GRANTING THE FIFTY ACRES OF LAND MEN- 

TIONED, TO THE CHILDREN OF EZRA PLATT, AN ABSENTEE. 

On the petition o/" Naomi Platt, of Lanesborough, in the 
county of Berkshire, iwaying that fifty acres of land, for- 
merly tJie property of Ezra Platt, of said Lanesborough, 
an absentee, but now the property of this Commonv^ealth, 
may be granted to tJie cltildren of the said Ezra Platt : 

Resolved, That the iifty acres of land mentioned in 
said petition, with the appurtenances, be, and hereby is 
granted, to Ezra Platt, Levi Flatt, Ithid Platt, Eli Platt, 
and Ebenezer Platt, children of the said Ezra Platt, their 
heirs and assigns, forever, any act or resolve to the con- 
trary notwithstanding, reserving to the petitioner, Naomi 
Platt, the improvement of one third part thereof, during 
her natural life, upon condition that the said Naomi Platt 
pay and discharge all the just debts of the said Ezra Platt, 
an absentee. February 22, 1783. 



Chap 



Cliapter 77. 

.-, rjn RESOLVE EMPOWERING SAMUEL COBB, TO RECEIVE FROM THE 
TREASURER, A SILVER TANKARD, AND A LARGE SILVER 
CUP, BELONGING TO THE ESTATE OF WILLLUI TTNG, AN 
ABSENTEE, AND TO MAKE SALE OF THE SAME, AND SO 
MUCH OF THE REAL ESTATE, AS TO ANSWER THE PURPOSES 
MENTIONED. 

On the petition of Samuel Cobb : 

Resolved, That Samuel Cobb be, and he hcreb}^ is em- 
powered, to receive from the Treasurer of this Common- 



1782. — January Session. 403 

wealtli, a silver tankard, and a large silver cup, belonging 
to the estate of William Tijng, an absentee, giving his 
receipt therefor. 

And it is further Resolved, That the said Samuel Cohh 
be empowered to make sale of the said tankard and cup, 
and so much of the real estate of the said William Tijivj^ 
as, with the proceeds of the said tankard and cup, will be 
sufficient to pay the creditors of the said William, and to 
reiml)ursc the said Cobb the charges of his agency, he to 
be accountal)le for the same. February 21, 1783. 



Choj). 78 



Chapter 78. 

RESOLVE MAKING AN ABATEMENT TO THE TOWN OF NEED- 
HAM, ELEVEN FENCE IN THE THOUSAND POUNDS — TU.^ 
LAST VALUATION, AND APPORTIONING THE SAME UPON 
OTHER TOWNS. 

Whereas it appears by a late resolve of the General 
Court, that there icas the sum q/" nineteen shillings, abated 
to the towns of Dorchester, Cohasset, and Chelsea, from 
u'hat they stood at in the thousand Pounds, in the last 
valuation, and in apportioning the same on Boston, and 
other toivns in the county of Suffolk, there ivas the sum of 
eleven pence 7nore than a due proportion set on the toiun 
of Xeedham : 

Wherefore liesolved. That the sum of eleven pence be 
abated the town of Needham, being what was unequally 
added to them by the aforesaid resolve, and that the same 
be apportioned on the towns hereafter named, in the 
county of Suffolk, in the following manner, viz. four 
pence on Medfield, two pence on Weymouth, three pence 
on Foxboromjh, and tic o pence on Milton, which shall be 
the rule "by which those towns shall be assessed in all 
future tax acts. February 24, 1783. 

Chapter 79. 

RESOLVE DISCHARGING THE COMMITTEE APPOINTED TO PROS- ^i rQi 

ECUTE DEFAULTERS FROM ANY FURTHER ATTPINDANCE ON ^f^^P' ^ ^ 
THE BUSINESS. 

On the report of the lion. Increase Sumner, Esq; and 
others, the committee icho icere appointed to prosecute public 
defndters: 

Resolved, That the said committee be, and they hereby 
are discharged from any further attendance on the busi- 



404 1782. — January Session. 

ness of their commission for prosecuting public defaulters, 
and they are also directed to lay their accounts before the 
General Court for immediate settlement. 

February 21,1783. 



Chap. 



Cliapter 80. 

go RESOLVE DIRECTING JONATHAN WARNER AND JOHN ASHLEY 
ESQ; TO PAY TO THE TREASURER SEVENTEEN POUNDS 
THIRTEEN SHILLINGS AND FIVE PENCE, BEING BALANCE 
DUE TO THE SETTLEMENT OF THEIR ACCOUNTS IN PAY- 
MENT OF GRATUITIES TO THE MASSACHUSETTS LINE OF 
THE ARMY. 

W/iereas it appears by the report of the committee ap- 
pointed the Wth of Novem1)er last, to settle the accounts 
of Jonathan Warner and John Ashley, Esq'rs, who were 
appointed by the General Court, to pay a gratuity to the 
Massachusetts line of the Continental army, that there is a 
balance of seventeen pounds, thirteen shillings and five 
pence, due from the said Warner and Ashley, which they 
are ready to pay : 

llesolved, That the said Jonathan Warner and JoJni 
Ashley, Esq'rs, be, and they are hereby directed, to pay 
to the Treasurer of this Commonwealth, seventeen pounds 
thirteen shillings and fire pence, the balance- aforesaid, and 
take duplicate receipts, one of which they are directed to 
lodge in the ^Secretary's office, and on their producing the 
other to the committee for methodizing and stating the 
public accounts, the said committee are hereby directed 
to discharge the said Warner and Ashley from the sum 
they have received for the purpose aforesaid, by charging 
the United States with the sums the said committee 
received, except the sum returned in the treasury, which 
they are to charge accordingly. February 21, 1783. 



Chapter 81. 

ChaiJ. 81 I^ESOLVE UPON THE PETITION OF RUGGLES WOODBRIDGE. 

Upon the petition o/Kuggles Woodbridge, setting forth. 
That in the beginning of the year 1717, he was possessed 
of twenty-tivo bounty notef<, bearing date January and 
February of the same year, being his oivn propierty, 
amounting to two hundred and twenty pounds, which 
notes he, as Muster Master, paid to a nwnber of soldiers 



1782. — January Session. 405 

inlisfed hito the Continental army, and that aftervrn-ds he 
received In lieu thereof, a like number of notes, hearing 
date Fcl>ru:iry 21, 1778, and of the same nominal sum,, 
and also two other notes for the Interest. And whereas by 
tJie scale of depreciation, by law established, the said latter 
notes fidl mucli short of the value of the former notes: 

Tlun-ofbi-e Resolved, That tlic Treasurer of this Coni- 
iiionwealth he, and he hereby is directed to receive 
the twenty-four notes now in possession of the said 
Jiu(j(/les Woodbrldfje, as mentioned in his petition ; and 
in Vku thereof to make out and dcliver'to the said Wood- 
brldi/e a consolidated note of the same value that the 
twenty-two bounty notes of the aggregate sum of two 
hundred and twenty pounds, bearing date in January 
and Ftbivary, 1777 ; and also the two notes received 
for interest, as mentioned in his petition, amounting in 
tl)e whole to two hundred and forty jiounds, would amount 
to being consolidated. February 21, 1783. 

Chapter 83. 

RESOLVE ON THE PETITION OF E LIS IIA PORTER, Y.SQ; SHERIFF QhaT) 82 
OF THE COUNTY OF HAMPSHIRE, GRANTING HIM TIVE.XTY- ^ ' 

SIX POUXDS THREE SHILLINGS AND SIX PENCE. 

On the petition q/Elisha Porter, Esq; Sheriff of the county 
of l\r\m\)iA\\ve, praying for allowance of certain expendi- 
tures for the refreshment of persons who assembled at 
N()rtham[)ton, in supjiort of Government, in the time of 
the late disturbances: 

Resolved, That the praj^er thereof be granted, and that 
there be allowed and paid out of the Treasury of this 
Connn()n\yealth, to Ellsha Porter, Esq ; the sum of twenty- 
six p)ounds three shillings six pence half penny , in full of 
his account of expenditures aforesaid. 

February 22, 1783. 

Chapter 83. 

RESOLVE ON THE PETITION OF JONATHAN CUNNINGHAM, OF /"^/y^,,, «Q 
OAKHAM, IN THE COUNTY OF WORCESTER. KylUip. OO 

On the petition o/" Jonathan Cunningham, q/" Oakham, 
in the county of "Worcester, shewing, that on the li)fh of 
August, A. D. 1773, lie gave a mortgage deed of his 



40G 1782. — January Sessio:n". 

homestead in Oakham aforesaid^ with all the huildin(j8 
thereon, containing tivo-tJiirds of lot JSTo. 24, unto John 
Murray, E.'^q; now an absentee, the ivhole lot said to con- 
tain two hundred and fifty acres, to secure the payment of 
his bond to the said Murray, of the said date, of the sum 
of two hundred and nineteen pounds fourteen shillings ; 
and that Hugh Cunningham gave the said Murray a deed 
of the other third of tJie said lot, being then the said 
Jonathan's real property , to secure the payment of the same 
bond, as is more fully set fort! i in the papers accompanying 
the said petition ; and praying for the reconveyance of the 
whole of the said lot to him the said Jonathan, his heirs, 
&c, he paying what is justly due from him to the said 
absentee's estate : 

Resolved, That the committee for the sale of absentees 
estates, in the county of Worcester, be, and hereby are 
empowered and directed, to make out and execute a good 
and sufficient warrantee deed of the wdiole of the said lot 
No. 24, containing two hundred and fifty acres, more or 
less, to the said Jonathan Cunningham, his heirs and 
assigns, forever, he first giving bond, with two sufficient 
sureties, to the Treasurer of this Commonwealth, for the 
payment of two hundred and ninety four pounds, thirteen, 
shillings and eight pence, lawful money, in specie, with 
lawful interest for the same, payable in three months from 
the date of the said bond. February 22, 1783. 

Chapter 84. 

Chan 84 i^esolve empowering dorothy forward to sell the 

' ' ' REAL ESTATE MENTIONED IN HER PETITION. 

On the petition of Dorothy Forward, administratrix on 
the estate of Elijah Stiles, late of Granville, in the county 
of Hampshire, deceased, praying for liberty to sell all the 
real estate of said deceased, for reasons set forth in Iter 
2^etition : 

Resolved, That the prayer of said petition be granted, 
and that the said Dorothy Forward, in her said capacity, 
be, and she is hereby authorized and empowered, to sell 
all the real estate of said deceased, for the most the same 
will fetch, and make and execute a good and lawful deed 
or deeds to the purchaser or purchasers thereof, she 
observing the rules and directions of the law for the sale 
of real estates by executors and administrators, she first 



1782. — January Session. 407 

giving sufficient security to the Judge of Probate for the 
county of HampsJiire, that after reserving the interest of 
one third of the i)roceeds arising by the sale of said estate, 
to lierself, during her life, and after paying all the just 
debts of said deceased, and necessary charges arising (out 
of the other two thirds of the proceeds) the remainder to 
be ke]it on interest, and each heir's share in said estate, 
l)()t]i principal and interest, including the said Dorotht/s 
thirds, after her decease, to be paid to them severally, as 
they shall arrive to full age. February 22, 17S3. 

Chapter 85. 

RESOLVE DIRECTING THE HON. CALEB DAVIS, ESQ; TO PAY TO Ckaj). 8ij 
aUSTAVUS FELLOWS AND BENJAMIN COBB. TWO HUNDRED 
SIXTY-FOUR POUNDS, SEVENTEEN SHILLINGS AND ONE 
FENNY, OUT OF THE PROCEEDS OF THE SALE OF THE SHIP 
TARTAR. 

On (he petition q/Gustavus Fellows and Benjamin Cobb, 
sefdnr/ forth, that tliey chartered to the Hon. Caleb Davis, 
Ei«i; agent for this Co7nmonweaUh , in April last, the 
hrii/antine Franklin, to be improved as a 2>^'i''^on ship, and 
praying payment for the hire thereof: 

Resolved, That the Hon. Caleb Davis, Esq : pa}' to the 
said Felloics and Cobb, out of the proceeds of the sale of 
the ship Tartar the sum of two hundred and sixty four 
jjounds seventeen shillings and one penny, in full for the 
hire and damage of the said brigantine, for the time she 
Avas improved as aforesaid. February 25, 1783. 



RESOLVE UPON THE PETITION OF THE GUARDIANS OF A TRIBE 
OF INDIANS IN STOUGHTON, CALLED THE PUNKAFOAG 



Chapter 86. 

~^^'^'" '^ Chap. 86 

TRIBE. 

Upon the representation and petition of the guardians of 
a tribe of Indians, in Stoughton, called the Punkapoag 
tribe : 

Resolved, That Thomas Crane, Esq ; Jonathan Capen, 
and NathanieJ Fisher, the present guardians of the said 
tril)e, be, and hereby are dismissed from their said guar- 
dianship, agreea])le to their request. 

And it is further Resolved, That Col. Benjamin Gill, 
Cxx\)i. William Bent, and Elijah Dunbar, Esq, be, and are 
hereby appointed a committee, who are fully empowered 



408 1782. — January Session. 

to examine, liquidate, and allow the several accounts for 
money disbursed, or debts incurred, on account of the said 
tribe, and also to determine upon a suitable allowance to 
the said guardians for their past services. 

And it is further Resolved, That Natlianiel Fisher, and 
Ahijah Upham, be appointed guardians to the said Punk- 
apoag tribe of Indians, who are hereby empowered and 
directed, to sell so much of the lands belonging to the 
said tribe, as may be sufficient to discharge all the debts 
which shall be allowed by the committee abovementioned. 
The sale of the said land to be in the same manner as by 
law is prescribed for the sales of the estates of persons 
non comjws, subject to guardianship, and to make and 
execute (in their said capacity) a good and lawful deed 
or deeds of the same. 

And it is further Resolved, That the guardians for the 
time being, be fully empowered, according to their best 
discretion, to assign to those individuals of the Punka/poag 
tribe, the several improvements, in such parcels, and 
under such restrictions, as they shall judge most condu- 
cive to the particular interest of the improvers, and the 
general good of the tribe. 

And it is further Resolved, That if after such sales and 
assignments, any leaseable land remain, the said guardi- 
ans are hereby authorized to lease the same for one year, 
and the money arising thereby, to dispose of in such 
manner as they shall think will produce the greatest 
annual income ; and they are directed to appropriate and 
apply the said income to the relief of such of the said 
tribe, as may have necessity therefor. 

Febniary 25, 1783. 



Chapter 87. 

Char). 87 I^T^-'^OLVE requiring all officers of the MASSACnUSETTS 

^ ' line of the army, to apply to the committee for set- 

tling WITH the army, for THE ADJUSTMENT OF THEIR 
ACCOUNTS, ON OR BEFORE THE 1st OF JULY NEXT, AND TO 
CALL UPON OFFICERS WHO HAVE RECEIVED MONEY AND 
CLOATHING, TO MAKE RETURN TO SAID COMMITTEE, ON OR 
BEFORE THE 1st OF M^FNEXT. 

It being represented to this Court, that many of the 
o fleers and soldiers belonging to the Massachusetts line of 
the Continental army, have neglected to apply for the set- 



1782. — January Session. 409 

dement of their accounts, to December 31, 1780, and it 
heinr/ indispensably necessari/ that all such accounts should 
be closed without further delay, that this Commonwealth 
may ascertain the amount of the sum paid the army to 
that period : 

Resolved, That all officers and soldiers belonging- to the 
Massachusetts line of the army, whose accounts are still 
unsettled, to December 31, 1780, be, and they are hereby 
required, oilher by themselves or orders, to apply to the 
committee ai)pointed to settle their accounts, in Boston, 
on or before the first day of July next, for the adjustment 
thereof, as the books will be closed after that day, and 
the committee discharged fr(jm any further attendance on 
that business. 

And whereas sundry officers have received recruiting 
money and cloathing, but have not made return to the com- 
mittee of the disposition thereof, ivhich has prevented a settle- 
ment with the other officers of such regiments : Therefore, 

Resolved, That any officer who has received money or 
cloathing as aforesaid, and shall neglect to make return of 
the disposition thereof to the committee aforesaid, on or 
l)efore the first day of May next, shall be charged with the 
amount of such money or cloathing, to be deducted out of 
what may be due to him. And the committee for settling 
with the army, are hereby directed to govern themselves, 
in the settlement of the said accounts, accordingly. 

And in order that seasonable notice may be given to the 
army of these resolutions : 

Resolved, That the committee for settling with the 
army, be, and they are hereby dii-ected, to transmit, with- 
out delay, copies of these resolves to the commanding- 
officer of* the Massachusetts line, at camp, who is hereby 
requested to communicate the same, as soon as possible, 
to all who may be concerned therein. And the said 
committee are also directed to order such publications in 
news-papers, or otherwise, as they shall judge necessary 
to give proper notice to those officers and soldiers who 
may be absent from camp. February 25, 1783. 



Chapter 88. 

RESOLVE ON THE PETITION OF ABIJAH PRESCOTT, OF GROTON. 

On the petition of Abijah Prescott, of Groton, in the 
county of Middlesex, setting forth, that Silas Hedges of 



Chap. 88 



410 1782. — January Session. 

Dunl):ivton, iii the county of Hillsborough, and State of 
New ILunpshire, Physician, at a Court of Common Plcax,, 
held at Concord, in the said county o/" Middlesex, on the 
second Tuesday of March, A D. 1779, recovered judg- 
ment against Samuel Tarbell of the said Groton, yeoman, 
for the sum of two hundred eight pounds ten shillings and 
eight pence, damages and costs of suit; and that a vn'it of 
execution issued tJiereon, and was delivered to the said 
Abijah, tJien under sheriff for the said county of Middle- 
sex, to serve and execute; and that he, according to due 
form (flaw, served and executed the same in part, hy levy- 
ing it on the lands of the said Tarbell, lying in the said 
Groton, ayid returned the same to the Clerk of said Court, 
as the law directs; and that the same is mislaid and lost, 
whereby the said Silas's title to the said lands is defective, 
and the said Abijah become liable to his suit; and pj'aying 
for relief in the j^remlses : 

Resolved, That the said Silas be, and he is hereby 
empowered to sue out of the said Clerk's office an alias 
execution on the said judgment ; and that the said Abijah 
be, and he is herel)y empowered, to make a return in the 
same manner and form, and of the same tenor as was made 
on the said writ of execution so mislaid and lost ; and the 
said alias writ of execution, and the return thereon made 
and declared on oath, before any Justice of the Peace of 
the said count}^ who is empowered to administer the same 
by the said Abijah to be of the same form and tenor as 
the return made by him on the writ so mislaid and lost, 
duly returned and filed in the said Clerk's office, shall be 
good and valid to make good and secure the title of the 
said Silas to the lands in the same returns specified, 
against the claims of all persons ; and that the sherifi:' of 
the said county of Middlesex, said Abijah and Clerk be 
indemnified, and kept harmless fi'om any action, suit or 
demand, that may be brought against any of them, as 
fully and in the same manner as if the said first writ of 
execution had not been lost, but was still remaining on the 
records of the said court. February/ 25, 1783. 

Cliapter 89. 

Chap. 89 RESOLVE ON the petition of asauel goodenow. 

On the petition q/"Asahel Goodenow : 
Resolved, That the operation of the writ of execution 
therein mentioned, or any other that may issue to satisfy 



1782. — January Session. 411 

the judgment rendered against the said Gondenow and 
others, as descril)ed in the said petition, l)e, and herel>y 
is, sus})ended until the third Wednesday of the next sit- 
ting of the General Court, 

And it is further Resolved, That the said Goodenow 
serve Jeremiah Cady, named in the said [)etiti()n, with an 
attested copy thereof, together with the proceedings of 
the General Court thereon, that he may be thereby noti- 
fied to appear on the second Wednesday of the next 
sitting of the General Court, to shew cause, if any he 
have, why the prayer of the said petition should not be 
granted. February 26, 1788. 

Chapter 90. 

A GRANT OF ONE HUNDRED POUNDS TO WILLIAM BAKER, MES- (JJif,,, QQ 
SENGER OF THE GENERAL COURT. ' ' 

0)1 the petition of William Baker, messenger to the 
Genevcd Court: 

Resolved, That there l)e paid out of the pul)lic treasury 
of this Commonwealth, to William Baker, messenger to 
the General Court, one hundred pounds, being in full for 
six months service, ending this day. 

February 26, 1783. 

Chfipter 91. 

RESOLVE ON THE PETITION OF LEMUEL KOLLOCK, DIRECTING Qhafyy Ql 
THE TREASURER TO REDEEM CERTAIN CERTIFICATES ISSUED ^ ' 

ON THE TAX GRANTED BY THE GENERAL COURT IN OCTOBER, 
1781. 

On the 2^etition of Lemuel Kollock, praying that the 

Treasurer may he directed to redeem the certificates wJtich 

were issued out of the treasury of this Commonwealth, and 

funded on the tax granted by the General Court in October, 

1781: 

Resolved, That the Treasurer of this Commonwealth be, 
and he hereby is directed, to pay out of the money appro- 
priated from the tax granted by the General Court of this 
Commonwealth, in October, 1781, to any person who shall 
produce any of the certificates which were funded on the 
said tax, the full sum for which the said certificates were 
given, if there is money in the treasury which has arisen 
from the said tax ; if not, the Treasurer is hereby directed 



412 1782. — January Session. 

to give ii receipt or order on some deficient constable or 
collector of the said tax, for tlie sum the said certificates 
amount to, provided the possessor of such certificates is 
willing to take the same. February 26, 1783, 



Chap. 92 



Cliapter 92. 

RESOLVE ON THE PETITION OF J0/7.V HALDAN. 

On the petition q/'John IIaldan,^;mj//??_i7 tJiat his arjed 
parents, iioiu living in New York, 7nay he permAtted to 
remove, with their effects, in the first fag from New York, 
to Massachusetts or Rhode Island, and to reside with tlie 
petitioner in Boston : 

Resolved, That the prayer of the petition l)e granted, 
and that the petitioner have leave to send for his said 
parents, wdio are hereby permitted to remove from JSfew 
York, into this Commonwealth, together with their effects, 
in the first flag that may sail from thence to this State, or 
to Rhode Island. February 28, 1783. 

Cliapter 93. 

Chan 93 resolve allowing tay to the non-commissioned officers 

^ ' AND PRIVATES AVHO W'ERE PREVENTED RECEIVING THEIR 

respective shares in a GRATUITY GRANTED BY A RESOLVE 
PASSED loTH JAXUARY, 1781. 

Whereas many of the no7i-conimissioned officers and 
jirivates, belonging to the Massachusetts line in the army 
of the United States, mere prevented receiving the whole or 
a part of their respective shares in a gratuity granted by 
a resolve of the General Court, passed the \bth 0/ January, 
1781, by reason of their having been absent from camp, 
at tlie time when the committee appointed to distribute the 
said gratuities pi'oceeded to camp for tlie said purjjose : 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to each and every of the 
said non-commissioned officers and privates named in 
the annexed schedule, if alive and in case of their decease, 
to their legal representatives, or to any of their orders, 
signed in the presence of, and attested by a commissioned 
officer of the said line, the sums set to their respective 
names in the said schedule, provided it shall be certified 
under the hand of such commissioned officer, that the said 



1782. — Januaky Skssion. 413 

non-coinini.s.sioncd officer or private was inlisted in the 
army previous to the 2d of December, 1780, and lor the 
term during tlic time of the continuance of tlie Avar. 

And 7vhereas it may have happened that some of the 
aforenamed non-commissioned officers and privates may 
have been disabled in the service, and received a regular 
discharge, and living at a great distance from any com- 
missioned officer of the line aforesaid, it may be difficult to 
obtain a certificate as is before provided : 

Resolved, That in all such cases the aforenamed non- 
commissioned officers and privates, or any of them (if 
alive, and in case of their decease, their legal representa- 
tives) shall l)e entitled to receive out of the treasury, the 
sums set to their names respectively in the aforesaid 
schedule, provided a certificate of such regular discharge 
shall be produced to the Treasurer, or a copy of the same, 
attested by a Justice of the Peace within this Common- 
wealth, any thing contained in the aforesaid resolve to the 
contrarj^ notwithstanding. March 5, 1783. 



Chapter 94. 

RESOLVE ON THE PETITION OF THE HON. LEVI LINCOLN, Ckcip. 94 
ESQ; GRANTING HIM ONE HUNDRED POUNDS TWELVE ^ ' 

SHILLINGS. 

On the petition of the Hon. Levi Lincoln, Esq; on behalf 
of the Clerk of the Court of Coinmon Pleas, Sherif and 
other officers of the county of Worcester, praying the 
order of this court for the payment of sundry costs of 
court arisen from the prosecution of certain libels, against 
the estates of sundry conspirators and absentees, lying 
ivithin the said county, a schedule tchereof, ivitJi the several 
bills of costs properly attested, accompany the same: 

Resolved, That there be granted and paid out of the 
public treasury, to Levi Lincoln, Esq ; the sum of one 
hundred pounds twelve shillings, to be by him paid in dis- 
charge of the several bills of costs taxed on the several suits 
respectively l)rought on libels filed and prosecuted at the 
Court of Common Pleas, in and for the county of Wo7xes- 
ter, against the estates of certain conspirators and absen- 
tees lying witliin the said county, specified in the schedule 
as aforesaid. February 27, 1783. 



414 1782. — Januaky Session. 

Chapter 95. 



CliaV' 95 liESOLVE ON THE PETITION OF JOHIAU JONES 
^ ' EMPOWERING THE JUDGE OF PROBATE OF W 



AND OTHERS, 
WILLS FOR THE 
COUNTY OF BERKSHIRE, TO CONDUCT WITH REGARD TO A 
CERTAIN WILL MENTIONED. 

On the petition o/" Josiah Jones, and others, 2y)'cii/hirffor 
reasons set forth in said petition, that the Judije of Pro- 
hate of wills, for the county of Berkshire, may he antJior- 
ised and empowered to approve the last will and testament 
of Elijah Jones late of Stockbridge, in the said county, 
deceased, the said will not heing signed hy more than tu'o 
w itn esses notwithstanding . 

Resolved, That the prayer of the said petition l)e so far 
granted, that the said Judge be, and he herel)y is author- 
ized and empowered, in all respects, to conduct, with 
regard to the said will, in the same manner as he might 
have done had the said will been signed by three witnesses, 
any law of this Commonwealth to the contrary notwith- 
standing. 

Provided nevertheless. That the aforesaid Josiah shall 
declare under oath, before the said Judge, that tlie said 
will was, in his presence and hearing, read to the said 
Elijah, and that he the said Elijah did consent to the 
same. February 28, 1783. 



Chap. 06 



Chap. 97 



Chapter 96. 

A GRANT OF SEVENTEEN POUNDS FOURTEEN SHILLINGS 
AND SIX PENCE, TO CAPT. SAMUEL HOWARD, FOR BRING- 
ING UP TWO INDIANS FROM THE EASTWARD, AND BOARD- 
ING; AS ALSO THREE POUNDS TWELVE SHILLINGS FOR 
CARRYING THEM BACK. 

Resolved, That there be allowed and paid, to Capt. 
Samuel Howard, out of the public treasury of this Com- 
monwealth, the sum oi seventeen pounds foui^teen shillings 
and six j)6nce, for bringing up from the eastward two 
Indian chiefs, and 1)oarding them while in town ; and that 
a further sum of three jiounds tivelve shillings be allowed 
and paid to him, for carrying them down again. 

February 28, 1783. 

Chapter 97. 

RESOLVE ON THE PETITION OF SIMEON MATO. 

On the petition of Simeon Mayo, praying that the 
default suffered at the Court of Common Pleas last holden at 



1782. — January Session. 4:\G 

Falmouth, within and for the coi^i^y o/'Cuinl)erl:uul, upon 
a libel JiJed (Kjainmt a certain estate, ff.s- the i)riiperty of 
Francis Waldo, «?i absentee, mentioned in the said 'peti- 
tion^ may be talcen oif\ and the said Mayo admitted to 
defend the same : 

Resolved, That the Justices of the Court of Common 
Pleas within and for the county of Cumberland, be, and 
they hereby are empowered and directed, to take off the 
default mentioned in the said petition ; and that such trial 
of the said libel upon the merits thereof, may be had 
before the same Court, at any future term of its sitting, 
as if the same had been regularly continued from the last 
term of the said Court's sitting to the next, and the default 
aforementioned had never happened. March 5, 1783. 

Chapter 98. 

RESOLVE REQUESTING HIS EXCELLENCY THE GOVERNOR TO flT.fr,. OQ 
WRITE TO LIEUTENANT-GOVERNOR BOWEN, RELATIVE TO ^'^^U'' ^'^ 
THE MEASURES TAKEN BY THE GENERAL COURT TO SUP- 
PRESS THE DISORDERS ALLUDED TO IN HIS LETTER. 

Resolved, That the Governor be, and lie is lierel)y 
requested, to write to Lieutenant-Governor Bowen, in 
answer to his letter of the third instant (which has l)een 
by the Governor laid before this Court) informing him, 
that the legislature of this Commonwealth, has passed an 
act to suspend the privilege of the writ of habeas corpus, 
for a time therein limited, whereby the Supreme Execu- 
tive is vested with powers fully competent to the purpose 
of suppressing the disorders alluded to ; advising him of 
the proceedings which have been had in consequence of 
the act^ beforementioned, and assuring him that such 
further measures shall lie immediatel}^ taken, as shall be 
adapted effectually to prevent the repetition of such enor- 
mities. March 3, 1783. 

Chapter 99. 

RESOLVE ON THE TETITION OF JAMES BOWDOIN, ESQ; JAMES fij.fjj) Of) 
BOWDOIN, JUN. AND JOHN READ, GRANTING PERMISSION ^'"^i'* ^^' 
TO PROCEED TO NEW YORK, UNDER CERTAIN RESTRIC- 
TIONS. 

On the petition of James Bowdoin, James Bowdoin, 
jun. and John Kead : 



4:16 1782. — January Session. 

Resolved, That the said James Bowdoin, jun. and John 
Head, or either of them, 1)e, and herel)y are permitted and 
allowed to proceed, either ])y land or water, to JSTew York, 
and there to transact the business mentioned in the said 
petition ; and in case they, or either of them, shall procure 
payment in money or goods, for the cattle, sheep and 
other stock, taken from the island JSTaushan, by the troops, 
or by persons employed under British government, since 
the commencement of hostilities, in Ajyril, 1775, such 
goods or money shall be, and hereby are permitted, to be 
brought into this State, and shall not be subjected or liable 
to seizure. And the government and good people of the 
States of Hhode Island and Connecticut, and of all the 
United States oi America, are liereb}^ requested to permit 
the said money or goods to pass into this State, without 
stoppage or molestation, and to be aiding and assisting 
therein, if necessary. And any necessary servant is 
hereby permitted to attend them, or either of them, in 
transacting the said business. 

Provided nevertheless, This resolve shall not be con- 
strued to permit any other goods to be imported into 
this State, than shall be bona fide for the payment of the 
stock aforesaid ; and that the said petitioners give bond, 
with sufficient securities, in the sum of five thousand 
pounds, to the Treasurer of this Commonwealth, that a 
strict compliance with this resolve shall be observed, and 
make oath that they will not carry any intelligence to the 
enemy prejudicial to the interest of the United States. 

March 1, 1783. 



Chapter 100. 

OJinV 100 i^K'^OLYE KEQUESTING THE GOVERNOR TO DIRECT TFIE COM- 
^ ' MISSARY OF PRISONERS TO EXCHANGE THOMAS 5E.V.S0.V, 

FRAXCIS DORATY AND ABEL COFFIN, PRISONERS ON 
PAROLE. 

Upon the petition of Thomas Benson, Francis Doraty 
and Abel Coffin, inhahitants of this GommoiuceaJth , 
2)risoners under parole, praying they may be exchanged, 
as they have ships ready for sailing, and loaiting for that 
purpose : 

Resolved, That his Excellency the Governor be requested 
to direct the Commissary of prisoners to exchange the 



1782. — January Session. 417 

said Benson, Doraty and Coffin, as soon as may be, 
that they may be able to proceed on their intended 
voyages. March 5, 1783. 

Chapter 101. 

RESOLVE ON THE PETITION OF TIMOTHY SMITH, OF TAUNTON, CkcipAOl 
EMPOWERING HIM TO SELL THE TRACT OF LAND MEN- ^ ' 

TIONED. 

On tlie j^^tition of Timoth}^ Smith, of Taunton, in the 
county of Bristol, gnardian to Azariah Thayer, a minor, 
son of Azariah Thayer, late of said Taunton, deceased, 
2)rayinf/ for liberty to sell ticenty-five acres of land, belong- 
ing to the said minor, for reasons set forth in his jyetition : 

Resolved, That the prayer of the petition be granted, 
•and that tlie said Timothy ISmitli, in his capacity as guar- 
dian be, and he hereby is authorized and empowered, to 
sell the said tract of land for the most the same will fetch, 
and make and execute a good and lawful deed or deeds, 
to the purchaser or purchasers thereof, observing the rules 
of law for the sale of real estates by executors and admin- 
istrators, he first giving sufficient security to the Judge of 
Probate for the county of Bristol, that the proceeds of the 
sale of the said land be put on interest, and lioth principal 
and interest paid to the said minor, or his legal represent- 
ative, when he shall arrive to full age. Marcli 3, 1783. 

Chapter 102. 



PETITION OF JOSEPH LOPEZ, ADMINISTRA- Hl.n^^ 102 
;TATE of AARON LOPEZ, LATE OF LEWES- ^ 1 ' 



RESOLVE ON THE 

TOR ON THE ESTATE 

TER, IN THE COUNTY OF WORCESTER, DECEASED. 

On tlte 2)etition of Joseph Lopez, administrator on the 
estate of Aaron Lopez, late of Leicester, in the county of 
Worcester, deceased, (and others) praying for liberty 
to maJce sale of the real estate of the said deceased, lying 
in the said Leicester, for reasons in their petition set 
forth : 

Resolved, That the prayer of said petition be granted, 
and that he, the said Joseph Lopez, in his said capacity 
be, and he hereliy is authorized and empowered, to sell 
all the real estate mentioned in the said petition, for the 
most the same will fetch, and to make and execute a good 
and lawfid deed or deeds of the same, to the purchaser or 



418 1782. — January Session. 

purchasers, he o])serving the rules and directions of tlie 
law for the sale of i"cal estates by executors and adminis- 
trators, he first givinof sufficient security to the Judge of 
Probate for the said county of Worcester, that the pro- 
ceeds arising by the sale of the said estate be put and kept 
on interest, for the benefit of the heirs of said deceased ; 
and that the interest of one third part of the proceeds be 
paid to the widow of the said deceased annually, during 
her natural life ; and the other two thirds, together with 
the interest, to be paid to each heir, their legal proportion 
severally as they shall arrive to full age ; and the remain- 
ing tliird, after the said widow's decease, to be paid to the 
heirs in like proportion. March 4, 1783. 

Chapter 103. 

C/irO?.103 RESOLVE ON THE PETITION OF HANNAH DURANT. 

On the petition o/" Hannah Durant : 

liesolved, That the committee for settling with the army 
be, and hereby are directed, to make up the depreciation 
of the wages due to Ephraim Durant, a sergeant, late in 
the corps of artillery, under the command of Col. Revere, 
as others were made up in said corps, as the said Epliraim 
joined the Continental army immediately up.on being dis- 
charged from the said corps, and was thereby deprived 
of the opportunity of applying, as others did who were at 
home, and whose depreciations were made up. 

March 5, 1783. 

Chapter 104. 

Choi) 104 RESOLVE PREVENTING SAMUEL LEONARD, OF WEST SPRING- 
^ ' FIELD, FROM BEING A SUFFERER IN HIS PURCHASES OF 

BEEF, FOR THE UNITED STATES, IN THE YEAR 1779 AND 
1780. 

Whereas Samuel Leonard, of West Springfield, one of 
the Deputies of the Commissary General of JPurchases for 
the United /States, in the years 1779 and 1780, did, in the 
jierformance of the duties of his office, purcJiase of sundry 
2)ersons, a quantity of beef, for tvhich he gave his jiromis- 
sary note to the said piersons ; which notes he is liahle to he 
sued for, and for ivhich judgment must be given according 
to the scale of depreciation of this Gommomvealth ; and as 



1782. — January Session. 419 

the said Leonard's accounts have been settled by the Gon- 
tinenfal scale of depreciation^ whereby he is likely to be a 
(jreat sufferer in tJie said purchases : In order to irrevent 
wJiicJi, 

It is Resolved, Tliut said jSamitel Leonard make a return 
of the notes, with the dates and siuns for which he stands 
chargealjlc, to the Secretary of this Commonwealth, who 
is hereby directed to certify to the Commissary General 
of Purchases, the sum that the said Leonard will be obliged 
to pay on the principal of the said notes, according to the 
scale of depreciation of this Connnonwealth. 

March 5, 1783. 



Chapter 105. 

5RAL rj],r.jy 105 
rp:specting stores delivered by order of govern- -^ ' 



RESOLVE GIVING DIRECTIONS TO THE COMMISSARY GENERAL 
RESPE 
MENT. 



On the memorial of the Commissary General: 
Ordered, That the Commissary be, and he is hereby 
directed, in all cases of doubt whether the stores he 
has delivered b}" order of Government ought to be 
charged to the United States, to make application to the 
(iovernor and Council, who are hereby requested to give 
all necessary direction upon such application. 

March 5, 1783. 



Chapter 106. 

RESOLVE GRANTING PAY TO CAPT. SAMUEL CARR, FOR A 
DEPRECIATION NOTE, PAYABLE THE FIRST OF MARCH, 
1783. 

On the memorial of Capt. Samuel Carr, Muster blaster 
for the eastward department, ]}rayin<j for payment of one 
depreciation note, dated January 1, 1780 : 

Resolved, That there be paid out of tlie treasury of this 
Commonwealth, the depreciation note, so called, due to, 
and being the property of Capt. Samuel Carr, the said 
note having the j^romise of payment the first of March, 
1783, for reasons set forth in his memorial, any law or 
resolve to the contrary notwithstanding. 

Marcli 5, 1788. 



Chap.im 



420 1782. — January Session. 

Chapter 107. 

Chap.107 RESOLVE empowering the committee for methodizing 

^ * ACCOUNTS, TO HIRE A SUITABLE PERSON TO SETTLE THE 

ACCOUNTS 01'^ THE LATE BOARD OF WAR, UNDER THEIR 
DIRECTION. 

On the 7'epresentation of John Deming, Peter Boyer, 
and Stephen Gorham, the committee for methodizing and 
stating the pnblic accounts, irraying for direction respecting 
the tjooks and palmers of the late Board of War: 

Resolved, That the said committee l)e, and they are 
hereby authorized and directed, to hire some suitable 
person to examine and settle the accounts of the late 
Board of War, to be under the direction of the Com- 
mittee aforesaid, which Committee are hereby directed 
to make return of any balances due on the said l)ooks as 
heretofore ordered, and make report of the state of the 
said l)ooks and accounts, to the General Court as soon 
as may be. March 5, 17 S3. 

Chapter 108. 



Chew 108 RESOLVE ON THE REPRESENTATION OF SIEUR 
^ ' BE L'ETOMBE, REQUESTING THE GOVERNO 



(7%?.109 



philip joseph 
;rnor to order a 
number of men to guard the works mentioned. 

On the rejiresentation of the Sieur Philip Joseph de 
L'Etombe, Consid General of France, praying that the 
several 7corks in the Jiarbonr of Boston, erected by tJie 
Count d'Estaing, may be preserved. 

Resolved, That the Governor Ije, and he is hereby 
requested, to order such number of men (from the com- 
pany under the command of Capt. Amos Lincoln) as 
he may judge necessary for said purpose of guarding 
said works. March S, 1783. 

Chapter 109. 

RESOLVE EXPLAINING A RESOLVE OF THE Uth FEBRUARY 
LAST, RELATIVE TO DRAWING OF WARRANTS IN THE 
TREASURY. 

Whereas it is represented to this Coii7't, thai in conse- 
quence of a Resolve of the lAth q/" February last, {contain- 
ing certain restrictions respecting the drawing of vHirrants 
071 the Treasury for Goidinental services) difficulties have 



1782. — January Session. 421 

arifie)! in the mind.'^ of the Supreme Executive of this Com- 
moincealtJi , irith reyard to drawing any further warrants 
on the Treasury, ujmn certificates given by the committee 
for settling ivith the army for the year 1780, or for making 
good the dej)reciation of wages up to December, 1779, or 
on rolls for the sea coast service, or on rolls for service done 
on alarms: 

Therefore to remove all such difficulties, it is Resolved, 
That the aforesaid resolve of the 14tli o^ February last, is 
not to be so construed or understood, as to interfere in any 
measure with the drawing of warrants on the Treasury, as 
usual, for the purposes above enumerated; but the Gov- 
ernor with advice of Council, is requested to proceed 
in all those cases in the same manner, as by the law^s and 
resolves of this Commonwealth, he might have done had 
the said resolve of the 14th of February never been 
pjissed. March 6, 1783. 



Chapter llO. 

RESOLVE ON THE PETITION OF SALLY POOL. 

On the petition of Sally Pool, praying that the com^ 
mitteefor sale of absentees estates in the county of Middle- 
sex, may be alloived to pay her the amount of a certain 
note of hand, mentioned, in the said petition due from 
Joseph Thompson, an absentee. 

Resolved, That the said committee be, and they are 
hereb}' empow^ered and directed, to pay the amount of the 
said note, with the interest on the same, to the said 8ally 
J^ool, or her order, if so much of the proceeds of the sale 
of the said Thomj^son's estate shall remain in their hands, 
after all tlie sums certified by the Judge of Probate for 
the said county, as due from the said Thompson's estate 
shall be discharged. March 7, 1783. 

Chapter 111. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF NORTH- 
BRIDGE. 

On the petition of the Selectmen of Northbridge, setting 
forth that they have lost a pay roll for the ivages of seven 
men, sent into the public service by said tov^n in the year 
1780, and praying for the payment of the said ivages. 



Chap.no 



Chap.m 



422 1782. — Januaey Session. 

Resolved, That the Governor with advice of Council, 
l)e requested to make out a warrant on the Treasurer of 
this Commonwealth, in favour of the selectmen oi JSForth- 
hridge, for the sum that shall appear (b}'^ a certificate from 
committee on muster rolls) to be due to the said soldiers, 
the said selectmen to be accountable to the Treasurer 
aforesaid, for the whole or any part of the said money, 
which may hereafter appear was not their just due. 

March 7, 1783. 

Chapter 112. 

(7/?a79.112 RESOLVE GRANTING S/MOiV STO IF, ESQ; THIRTY-FOUR POUNDS, 
^ ' TO ENABLE HIM TO CARRY ON A CERTAIN LAW SUIT. 

On the petition of Simon Stow, agent on the estate of 
Henry Barns, of Marlborough, an absentee, praying that 
a sum of money may he paid to him out of the public 
treasury, to enable him to carry on a law suit against 
a former agent on said estate, and also for the expences 
which have accrued to him in his agency as aforesaid: 

liesolved. That there be paid out of the Treasury of 
this Commonwealth, to the aforesaid Simon Stow, the 
sum of thirty four pounds for the purposes aforesaid, he 
to be accountable for the same. March 10, 1783. 



C/mi9.113 



Chapter 113. 

RESOLVE ON A REPRESENTATION FROM A NUMBER OF THE 
INHABITANTS OF THE TOWN OF DARTMOUTH, IMPOWERING 
BENJAMIN RUSSELL, ESQ; TO LEASE OUT A PART OF NAS- 
HAWINNAH, ONE OF THE ELIZABETH ISLANDS, THE PROP- 
ERTY OF GRIZEL SANFORD, AN ABSENTEE. 

On a representation, from a number of the inhabitants 
of the town of Dartmouth, setting forth, that a part of one 
of the Elizabeth Islands, belongeth to one Grizel Sanford, 
an absentee, and that no ijerson at jjresent has any legal 
possession thereof: 

liesolved. That Benjamin Russell, Esq ; be a committee 
to take that part oi JVdshaiviniiah, one of the Elizabeth 
Islands, which is the property of Grizel Sanford, an 
absentee, into his possession, and that the said Benjamin 
Russell be, and he hereby is directed and impowered, to 
lease out the same at public auction for one year from the 



1782. — January Session. 423 

first dii}' of Ajwil next, and so on from one year to another 
till the further order of this Court, and that the rent be 
})aid by the lessee, before he enters thereon, and also that 
proper notice be given of the said auction by putting up 
notitications in the said town of Dartmouth ; and the said 
Benjamin Mufisell is further directed to make out two 
leases to be interchangeably signed, one of which to be 
kept by the said Benjamin Russell, and in the said lease 
shall oblige the lessee to deliver up the estate at the 
expiration of the term in as good repair as he found it, 
and the monies arising from such sale, the said Benjamin 
Itussell is hereby directed to pay into the Treasury of this 
Conunon wealth, taking duplicate receipts therefor, one of 
which to l)e lodged with the Secretary, and that the money 
be })aid into the Treasury within thirty days after receiv- 
ing it. 

And it is further Resolved, That the said Benjamin 
Russell be, and he hereby is impowered and directed, to 
bring all necessary actions for an}^ strip, waste or dam- 
age done on the said estate in as full and ample a manner 
as if he was the lawful owner thereof, and that the afore- 
said Benjamin Russell he, and he hereby is directed to lay 
his account before the General Court for examination, 
allo^vance and payment. March 8, 1783. 

Chapter 114. 

RESOLVE DIRECTING THE JUSTICES OF THE SUPREME JUDICIAL ChaV.^^^ 
COURT TO PROCEED IN THE ADJUSTMENT OF SOLDIERS ^' 

NOTES BY SUCH RETURNS AS HAVE BEEN MADE. 

WJiereas the Justices of the Supreme Judicial Court are 
apj)ointed'to adjust the principal and interest due upon the 
notes given to nuike up the depreciation of the money to 
the army ; and are directed to liquidate the same according 
to the returns from the several parts of the state of the 
average price of sheeps-wool, sole-leather, Indian-corn and 
heef; hut there being a deficiency of returns from the 
various counties, and it being necessary that the said prin- 
cipal and interest of the notes due on the first of March, 
1783, shoidd be settled: 

Therefore Resolved, That the said Justices proceed to 
liquidate the said principal and interest, by such returns 
as have already been made, and taking into consideration 
at the same time whatever certain information they may 



424 1782. — January Session. 

be able to obtain from the different parts of tliis Com- 
monwealth, from whence there are no returns made into 
the Secretary's office as was directed. March 7, 1783. 



Chapter 115. 

Chap.115 RESOLVE GRANTING A TAX OF SEVEN HUNDRED AND TWENTY 
^ POUNDS FOR DEFRAYING THE CHARGES OF THE COUNTY OF 

ESSEX, TO BE ASSESSED ON THE INHABITANTS OF THE SAID 
COUNTY. 

Whereas it apjyears from an estimate of the Justices of 
the Court of General Sessions of the Peace for the county 
of Essex, that the sum of seven hundred and tw^enty 
pounds will be necessary for defraying the charges of 
the said county for the ensuing year : 

Resolved, That there be and hereby is granted a tax 
of seven hundred and twenty pounds to be apportioned and 
assessed on the inhabitants of the said county and estates 
lying within the same, and collected, paid and applied for 
the use of the said county according to the laws of this 
Commonwealth. March 7, 1783. 



Chapter 116. 

G/ia».116 RESOLVE ON THE PETITION OF CAPT. HENRY Z>F£ 7?, ALLOWING 
^ * RATIONS TO HIS COMPANY OF RANGERS, IN THE YEAR 1780. 

On the petition of Capt. Henry Dyer, praying that he^ 
ivith the officers and men belonging to his company of 
rangers, so called, in the year 1780, may be alloived their 
rations, whilst in the service of this State, agreeable to a 
7'esolve of the General Court, of the fifteenth of Novem- 
ber, 1780 : 

Resolved, That the Commissary General be, and he is 
hereby directed, to deliver to Capt. Henry Dyer, two 
thousand three hundred and eighty pounds of beef, with 
an equal quantity of flour, in full for the said Dyer's and 
his company's rations, whilst in the service of this State, 
to be by him delivered to each person respectively to 
whom it is due, taking duplicate receipts for the same, 
one of which to be returned into the Secretary's office, 
otherwise to account with the said Commissary General 
therefor. March 8, 1783. 



1782. — Januaky Session. 425 

Chapter 117. 

RESOLVE ])IRECTING THE COMMITTEE FOR METHODIZING PUB- CliavAVJ 
Lie ACCOUNTS, TO TRANSMIT TO MAJOR GENERAL LINCOLN, ^ 

AN INVOICE OF CLOATIIING DELIVERED BY MAJOR LUNT TO 
DAVID BROOKS, ESQ; DEPUTY CLOATHIER GENERAL, AND 
TO MAKE OUT AN ACCOUNT OF ALL MONIES, &c. SUPPLIED 
BY THE COMMISSARY GENERAL, AND COMMISSARY OF PRIS- 
ONERS. 

Ordered, That the committee for methodizing and stat- 
ing the public accounts, be, and they are hereby directed, 
to transmit, as soon as may be, to Major General Lincoln, 
an invoice of all the cloathing which Major JiJzi'a Lunt, 
Massachusetts State Cloathier, delivered David Brooks, 
Esq ; Deputy Cloathier General, with his receipts for the 
same, having first taken (to be reserved in their office) 
copies of the said Brooks' receipt, examined and attested 
to be just and true, by the Hon. James Lovell, Esq ; 
Receiver of Continental taxes, who is requested to per- 
form this service. 

And it is further Ordered, That the committee aforesaid 
I)e, and they are hereby directed, to make out an account 
of all the monies paid out of the public treasury, and pro- 
visions supplied by Richard Devens, Esq ; Commissary 
General, to John Hojjkins, Esq ; Commissary of prisoners, 
with his certificate on the account, and transmit the same 
to Major General Lincoln, in order that this Common- 
wealth may have credit for the same, out of the Conti- 
nental tax for the year 1782. March 10, 1783. 

Chapter 118. 

RESOLVE IMPOWERING THE COURT OF GENERAL SESSIONS OF (7^^79.118 
THE PEACE IN THE COUNTY OF MIDDLESEX, TO LICENCE ^ * 

EDWARD HUNTER TO KEEP TAVERN. 

0)1 the petition of Edward Hunter, praying that the 
Court of General Sessioiis of the Peace for the county of 
Middlesex, may be impowered to grant the petitioner 
licence to keep a public tavern. 

liesolved. That the prayer of the petition be granted, 
and the Court of General Sessions of the Peace, next to 
bo holdon at Concord, in and for the county o^ Middlesex, 
be and are hereby impowered, to grant licence to Edward 
Hunter, to keep a public tavern, he producing a certificate 



426 1782. — January Session. 

from the selectmen of said town as the laws directs, the 
time for granting licences in the said county, being elapsed, 
notwithstanding. March 10, 1783. 



Chapter 119. 

Chan.W^ RESOLVE impowering the managers of a lottery for 

■'■ ' repairing the bridge over the river PARKER, IN THE 

COUNTY OF ESSEX, TO RAISE A FURTHER SUM OF MONEY. 

Up07i the jpetition o/' Samuel Moody, in behalf of Diimei 
Hale, jprayijig for an alloivance of the balance of his 
account for repairs of the bridge over the River Parker, 
in the town of Newbury. 

Resolved, That the managers of the lottery for raising 
money for repairing the bridge over the said River Parher, 
be and they hereby are empowered and directed, to raise 
a further sum of twenty-nine pounds, thirteen shillinr/s 
and ttvo pence, in the second class of the said lottery, and 
pay the same to the said Daniel Hale, in full discharge of 
the balance due to him as aforesaid. March 10, 1783. 



Chapter 130. 

Chan 120 i^esolve on the representation of caleb davis, esq; 
•^ ' late agent, directing the committee for methodiz- 

ing ACCOUNTS to discharge CERTAIN SUMS OF MONEY, 
AND ALLOWING HIM A COMMISSION FOR SALES, WITH DI- 
RECTIONS TO THE COMMISSARY GENERAL. 

On the representation of Caleb Davis, Esq; late Agent 
of this Commomvealth. 

Resolved, That the committee for stating and methodiz- 
ing public accounts, be and they hereby are directed, to 
charge to the account of his Excellency John Hancock, Esq ; 
the sum o^ fifty-three pounds and seven shillings, specie, 
and also the sum of one hundred and six pounds, fourteen 
shillings, of the new emission, being the amount of sundry 
articles delivered him by the said Caleb Davis, and like- 
wise to charge to the account oi Jabez Hatch, Esq; the 
sum of eight hundred twenty-one pounds and seventeen 
shillings, being money lent him as Deputy Quarter Master 
General, by the said Caleb Davis; and to allow the said 
sums charged as aforesaid, to the said Caleb Davis in the 
settlement of his accounts. 



1782. — January Session. 427 

Jiesolved further , Thuttbc said Caleb Davis be, and he 
hereby is allowed a commission of two and a half per cent, 
on the timount of the articles with which he hath supplied 
the United States, the cattle and forts, the rejected troops, 
the laboratory and the hospitals ; of one and a half per cent, 
on the amount of all cfoods he hath disposed of by sale, 
and on the amount of the articles which he hath furnished 
the committee of sup])lics ; and of one per cent. on. the 
})roceeds of the sale of the ship Tartar, and the committee 
aforesaid are hereby directed to govern themselves accord- 
iniily, in adjusting and bringing the accounts of the said 
Caleb Davis to a final settlement. 

Resolved furtJier, That the Commissary General be, and 
he hereby is authorized and directed, to continue the 
jn'osecution of the action commenced by the said Caleb 
Davis, Agent as aforesaid, against the Prize Brig JSTon- 
sucJi, and to pursue the same to final judgment. 

Resolved further, That the Treasurer be, and he hereby 
is directed, to receive of the said Caleb Davis, the sum of 
four thousand six hundred and seventeen pounds, twelve 
shiUinys and seven pence, in the old emission, l)eing the 
money which the said Caleb Davis received of Mess'rs 
.Cri2)s and Mai/, by order of the General Court. 

March 11, 1783. 

Chapter 121. 

RESOLVE DIRECTING TOWNS IN THIS COMMONWEALTH THAT (JJiai).'\21 
HAVE MADE NO RETURN OF MEN RAISED AGREEABLY TO ^ ' 

THE RESOLVES OF DECEMBER 2, 1780, AND MARCH 7, 1782. 

TFTferea.s some toivns and classes ivithin this Common- 
wealth, have raised and marched their men agreeable to the 
resolves of the General Court, passed the second day of 
December, 1780, and the seventh o/" March, 1782, but have 
omitted to make returns of receipts from Muster Masters, 
into the Secretary's office agreeable to the said resolves: 

Resolved, That wlien any town or class shall produce a 
certificate from any Continental Muster Master to the 
Treasurer of this Commonwealth, for any man raised 
ai;reeable to the aforesaid resolves, or other subsequent 
resolves, relating to the same respectively, the said Treas- 
urer is hereby authorized and directed to receive such cer- 
tificates ; which receipt shall be reckoned in the discharge 
of any execution which hath been or may be issued 



428 1782. — Januaky Session. 

against any such town or class, for neglecting to return 
receipts in manner as it is required by the said resolves, 
any resolve to the contrary notwithstanding. Provided 
nevertheless, That such certificate shall be returned into 
the Treasurer's office, on or before the first day of May 
next ; and such town or class shall bear the official expence 
■ that may arise on such execution: And luhereas. There 
are some towns and classes within this Commonwealth 
which have neglected to furnish their quotas of men for 
the Continental Army for the term of three years or dur- 
ing the war, as required by the resolves of the General 
Court, passed the second of December, 1780, and the 
seventh of March, 1782, and other subsequent resolves 
relating thereto, for the doing of which there hath been 
sufficient time. 

Resolved, That no credit shall hereafter be given to any 
town or class for any man who shall not have been pro- 
cured in pursuance of the abovementioned resolves, or 
other resolves subsequent and relating thereto, before the 
first of January last. 

Ordered, That the Secretary publish the aforesaid 
resolves in the Independent Chronicle, printed by Nathaniel 
Willis. March 11, 1783. 



Ghap.122 



Chapter 122. 

RESOLVE APPOINTING THREE ADDITIONAL MANAGERS OF THE 
LOTTERY FOR BUILDING THE NORTH MILLS IN BOSTON. 

Wliereas in and by an act passed during the present 
Session of the Genercd Court, intitled, " An Act for grant- 
ing a lottery for rebuilding the JVbrth Mills in the tovjn of 
Boston, which were lately consumed by fire: " It is among 
other things enacted. That John Pitts and John White, 
Esffrs, and Mr. William Pain, or any two of them shall 
be managers of the said lottery : 

And whereas the said John White, Esq; declines serv- 
ing as a 7nanager; and whereas also the Pi^oprietors of the 
said Mills are desirous to have five managers in order to 
the better conducting the said lottery : 

Resolved, That Messrs. Enoch Br'ovn, William Hunt 
and Henry Prentice, be added to the number of the man- 
agers of the said lottery, and that any three of the five 
managers be a quorum for conducting the atiairs thereof, 
in conformity to the law aforesaid. March 11, 1783. 



1782. — Januahy Session. 429 

Chapter 123. 



owEiiiNG C7iap.l2^ 

3S.S£X, TO -'■ 



RESOLVE ON THE PETITION OF JOSEPH LEE, IMPOWEllI 
THE JUDGE OF PROBATE FOR THE COUNTY OF E 
APPOINT COMMISSIONERS TO RECEIVE AND EXAMINE THE 
CLAIMS AGAINST THE ESTATE OF JOSEPH HOOPER. 

On the petition of Joseph Lee, a(je7it on the efitate of 
Joseph Hooper, late of Marblehead, an absentee, piny in f/ 
leave to sell the estate of the said Hooper, and that the 
Judge of Probate for the county of Essex, be impowered 
to alloio farther time for the creditors on the said estate to 
bring in their claims. 

Resolved, That the prayer of the petition be so far 
granted, that the Judge of Probate for the county of 
Essex, be and he is hereby impowered and directed, to 
a})point commissioners to receive and examine claims 
against the estate of the said Joseph Hooper, for the term 
of six months from the passing of this resolve. 

March 12, 1783. 



Chapter 124. 

RESOLVE ON THE PETITION OF TIMOTHY RUGGLES, DIRECT- (7/^^79.124 
ING THE COMMITTEE FOR SALE OF ABSENTEES ESTATES, ^ ' 

IN THE COUNTY OF WORCESTER, TO APPRAISE AND SET 
OFF SO MUCH OF THE GORE OF LAND MENTIONED, SUFFI- 
CIENT TO PAY HIS CLAIM. 

Oil the petition of Timothy Ruggles, praying that he 
may have set of to him, a certain gore of land, late belong- 
ing to Timothy Ruggles, Esq; 0/ Hard wick, iii the county 
0/" ^Yorcester, an absentee, or such part of the said gore as 
will be sufficient to pay a certain claim he has on the said 
absentee's estate, as mentioned in his petition: 

Resolved, That John Fessenden, Esq ; Mr. Caleb Ammi- 
doivn, and Jonathan Warner, Esq ; who are a committee 
for the sale of absentees estates in the county of Worcester, 
be, and hereby are authorized and empowered, to appoint 
three judicious persons, as a committee to appraise and set 
oft' to TimotJiy Ruggles, so much of the said gore of land, 
l)elonging to the said Ruggles, an absentee, as they on 
their oath shall think just and sufficient to pay the said 
Timothy Ruggles his claim, amounting to two hundred 
fifteen pounds six shillings and ten pence. And the com- 
mittee for the sale of absentees estates in the county of 
Worcester aforesaid, are hereby directed and empowered, 



430 1782. — Januahy Session. 

to make and execute a good and sufficient deed to the said 
Timothy Ruggles for the same. 

Provided nevertheless. That if, upon the final settlement 
of the said absentee's estate, it should be found insufficient 
to pay all the demands that may be Ijrought against said 
Rtuigles, an absentee, that then the said Timothij BiKjc/les, 
the petitioner, shall be, and hereby is held, to reimburse 
to the Commonwealth, so much as shall appear that he 
may have received more than his due, compared by the 
dividend that shall be made for that purpose. 

March 12, 1783. 

Chapter 125. 

C/if//>.125 RESOLVE ADDING DAVID SEW ALL, ESQ; TO THE COMMITTEE 
^ * APPOINTED BY A RESOLVE OF THE GENERAL COURT, SEP- 

TEMBER 21, 1780, GRANTING TO THE HON. ARTHUR LEE, 
ESQ; SIX THOUSAND ACRES OF LAND, AND EMPOWERING 
THEM TO LAY OUT SAID LAND AND RETURN A PLAN. 

Whereas the General Court, hy a resolution dated the 
2\st q/" September, 1780, granted to the Hon. Arthur Lee, 
Esq; six thousand acres of unapjjropj'iated lands in this 
State, lying eastivard q/'Saco River, to he laid out either 
in one or two pieces, adjoining to some other grant or grants, 
in full compensation for his services, mentioned in the said 
resolution. And whereas Benjamin Chadbourne, Moses 
Little, Nathaniel Wells, Esq'rs and Capt. Moses Green- 
leaf, were appointed a committee to perform that service 
which yet remains to be done: And whereas it may he con- 
venient that there shoidd be an addition made to said com- 
mittee: Th.erefore, 

Resolved, That David Sewall, Esq ; be, and hereby is 
added to the said committee, and the said committee, or 
the major part of them, are empowered and directed to 
lay out the said land in pursuance of the said resolution, 
and return a plan thereof, by a surveyor and chainmcn, 
under oath, to the General Court, for confirmation, as 
soon as may be. March 13, 1783. 

Chapter 126. 

(JJian 126 resolve on the petition of william whittemore, guar- 

^ * DIAN TO WILLIAM CUTLER, EMPOWERING HIM TO MAKE 

SALE OF THE LAND MENTIONED. 

On the petition of William Whittemore, of Cambridge, 
in the coim^T/q/" Middlesex, and guardian to William Cut- 



1782. — January Session. 431 

ler, a tninor, son of \\'illiain Cutler, lute of Cuinlniclge, 
deceased ^jtraijiiKj for liherti/ to sell five acres of sail nurrs/i, 
lying in the toicn of ^Nlcdtbrd, tlie property of (he said 
minor, for reasons mentioned in his 2^etition: 

liesolred, That the })rayer of the petition be granted, 
and that the s;iid William IF/r/^^ejwoj'e, in his said capacity 
of guardian, l)e, and is hereby fully authorized and empow- 
ered, to make sale of the land in his petition mentioned, 
for the most the same will fetch, and make and execute a 
good and lawful deed or deeds, to the purchaser or pur- 
chasers, he observing the rules and directions of law for 
the sale of real estates by executors or administrators, 
first giving bonds to the Judge of Prol)ate for the county 
of Jliddlesex, that the money arising by the said sale be 
api)lied for the benefit of the said minor, in his education ; 
and that he the said guardian account with the Judge of 
Probate for the expenditure thereof accordingly. 

March 12,1783. 



Chapter 127. 

RESOLVE REMOVING SOME DOUBTS RESPECTING A RESOLVE (JJifn) T 27 
PASSED 15th MARCH, 1780, RELATIVE TO THE EXTENT OF * * 

MARTIAL LAW, EXERCISED BY BRIGADIER-GENERAL WADS- 
WORTH, IN THE COUNTY OF LINCOLN. 

Wliereas Brigadier General Wadsworth ivas, by a 
resolve of the General Court , jyassed the 15th day o/" March, 
1780, enqwivered to execute martial law within certain lim- 
its in the county of Lincoln. And whereas doidds liave 
arisen, and may hereafter arise, respecting the true intent 
and meaning of the said resolve, so far as it relates to the 
limits ufithin ivhich martial law might he executed, ivhich 
have been and may hereafter probably he the foundation of 
divers disputes and vexatious laiv suits unless prevented by 
an explanatory resolve of the Legislature: Therefore 

Resolved, That according to the true intent and mean- 
ing of the said resolve, the limits for exercising martial 
law in the said county, not only extended to, and included 
all places within the said county being within ten miles of 
the main ocean, l)ut also to all |)laces in the said county, 
within ten miles of any navigable inlet, harbour or river, 
which might be considered as part of the s6a, or so com- 
municating therewith, as to be navigable by armed ships 



432 1782. — January Session. 

or vessels, and the said resolve always ought to have l)een 
so understood, and shall be construed and practised upon 
accordingly. March 12, 1783. 



Chapter 138. 

Chai) 128 RESOLVE ON THE PETITION OF SARAH NASOIV, EMPOWERING 
-^ HER TO MAKE THE EXCHANGE OF THE LAND MENTIONED. 

On the petition of Sarah Nason, praying to he empowered 
to exchange about twenty-five acres of land, of the estate of 
her late husband, Shubael Nason, late of York, in the county 
q/York, deceased, intestate, for about thirty acres of land 
in the same town, oumed by Joshua Bridges and Jasper 
Grout : And it appearing to this Court, that to make such 
exchange may be beneficial to said deceased's estate: 

Resolved, That the said Sarah JVason be, and she here- 
by is fully empowered to make such exchange, and to make 
and execute a good and lawful deed or deeds of the afore- 
said twenty-five acres of land, to the purchaser or pur- 
chasers thereof, provided she procure a good and lawful 
deed, well executed, of the aforesaid thirty acres of land, 
to run to the heirs at law of the said deceased , in such pro- 
portion as they would have been intitled to, had not the 
same been exchanged. March 12, 1783. 

Chapter 139. 

CliaV 129 RESOLVE ABATING TWO MEN TO THE TOWN OF HARPSWELL, 
^ ' ORDERED TO BE RAISED MARCH 7, 1782, AND EMPOWERING 

SAID TOWN TO ASSESS THE INHABITANTS FOR ONE MAN. 

On the p>etition 0/ Benjamin Dunning wncZ John Rodick, 
selectmen of the toivn of Harpswell, j9?*«?/m(7 for an abate- 
ment of two of the three soldiers rvhich the said toivn of 
Ilarpswell toere ordered to raise, by a resolve of the Gen- 
eral Court, jjassed March 7, 1782 : 

Resolved, That the said town of Harpsiuell be abated 
two men, any resolve to the contrary notwithstanding. 

And it is further Resolved, That the said town of Harps- 
7vell be empowered to assess the inhal)itants of said town 
for the one man that they procured, in the same manner 
as though said town had but one man to raise. 

March 12, 1783. 



1782. — Januaky Session. 433 

Chapter 130. 

RESOLVE DIRECTING THE TREASURER TO RECALL ANY EXE- C7iap.l30 
CUTIONS ISSUED AGAINST THE INHABITANTS OF THE TOWNS ^ 

OF EASTIIAM, HARWICH A^D TARMOUTIl ; AST) TO STAY IN 
FUTURE EXECUTIONS AGAINST ANY COLLECTORS OF SAID 
TOWNS, FOR TWO-THIRDS OF THEIR TAXES, DURING THE 
SPACE OF ONE YEAR. 

Upon the petition of the inhabitants of the towns of 
Eiisthani, Harwich, and Yarmouth, setting forth their 
extreme poverty, and utter inability to pay their public 
taxes at present: 

Resolved, That the Treasurer of this Commonwealth 
be, and he hereby is directed, to recall any executions 
which may have been issued against any deficient collectors, 
of either of the said towns ; and also to stay, in future, 
executions against any collector of the said towns, for 
two-thirds of their taxes they may be in arrears, during 
the space of one year, unless otherwise ordered by the 
General Court. March 12, 1783. 

Chapter 131. 

RESOLVE DIRECTING THE SECRETARY" TO CALL ON THE SE- (JJiarfj \^\ 
LECTMEN IN EACH TOWN TO MAKE RETURNS TO THE ^ * 

AGENTS IN THEIR RESPECTIVE COUNTIES, OF THE MONTHLY 
AVERAGE PRICES OF CORN, &c. AT LEAST SIX WEEKS BE- 
FORE THE 3d TUESDAY OF FEBRUARY, AND THREE SUC- 
CESSIVE WEEKS AT LEAST SIX WEEKS BEFORE THE LAST 
TUESDAY IN AUGUST, ANNUALLY. 

Whereas great inconveniences arise in ascertaining the 
true value of the public securities, commonly known by the 
name of soldiers depreciation notes, from the neglect of 
towns to make seasonable returns of the average jjrices of 
corn, beef sheeps ivool and sole leather: 

Resolved, That the Secretary be, and he hereby is 
directed, by publishing an advertisement in Willis's 
paper, three successive weeks at least six weeks before 
the third Tuesday of February, and three successive 
weeks at least six weeks before the last Tuesday in 
August, annually, to call on the selectmen in each town 
of the Commonwealth, to make return to the agents in 
their respective counties, of the monthly average prices 
of the abovcsaid articles in their respective towns, on or 
before the said third Tuesday in February, and last Tues- 
day in August. And the Secretary is further directed 



434 1782. — January Session. 

to require the agents for the several counties to make 
punctual returns of the aforesaid prices, according to 
law. March 13, 1783. 

Chapter 133. 

(7Aap.l32 RESOLVE postponing the sale of the estates of ab 

' * SENTEES, to first of OCTOBER NEXT. 

Resolved, That the sale of estates of absentees and con- 
spirators be postponed till the first day of October next, 
and that from and after the said first day of October, silver 
and gold, consolidated securities, and other public secur- 
ities given for silver and gold be indiscriminately taken 
in payment for the said estates. March 14, 1783. 



Cha2).ld3 



Chapter 133. 

resolve on THE PETITION OF NOAH RIPLEY. 

On the petition of Noah Ripley. 

Whereas it ajjj^eareth to this Court, that the late Noah 
Ripley of Barre, itt the county of Worcester, deceased, 
whose farm was under mortgage to Nathaniel Hatch, Esq; 
an absentee, did as early as the year 1777, procure and 
send down the money for the purpose of discharging the 
said mortgage, but coidd find no pe7'son authorized to 
receive the same and give him a discharge, so that he ivas 
at last induced to loan the said sum to the Continent, and 
tooTc a loan office certificate for the same, to remain for the 
final and sole purpose of discharging the said mortgage, 
and this Court being willing as far as 7nay be, to grant 
relief to the very numerous and distressed family of the 
said Noah Ripley, deceased: Therefore, 

Resolved, That the Attorney General of this Common- 
wealth be, and he hereby is directed, not to file any li])el, 
or commence an}^ other process against the estate of the 
said JVoah Ripdey, that was mortgaged to the said iV«- 
thaniel Hatch, on account of the said mortgage, until the 
further order of this Court. March 13, 1783. 

Chapter 134. 

fVmrn 1^1 RESOLVE IMPOWERING MARY NICK, TO SELL THE REAL ESTATE 
l^ //«/>. lO* MENTIONED. 

On the petition of Mary Nick, administratrix on the 
estate of her husband Richard Nick, late of Reading, in 



1782. — January Session. 435 

the county of INIiddlesex, dececified, praying for liberty to 
sell the real estate of her said husband, for reasons set 
forth in her petition. 

Resolved, That the prayer of the petition be granted, 
and she the said Mary JSFich l)c, and she hereby is impow- 
ered, to sell all the real estate mentioned in her petition 
for the most it will fetch, and make and execute a good 
and lawful deed or deeds thereof to the purchaser or 
]iurchasers, she observing the rules and directions of the 
law for the sale of land by executors and administrators, 
tirst giving sufficient security to the Judge of Probate for 
said county of Middlesex, that the proceeds by the sale of 
the said estate after deducting one third part the interest 
of which she shall reserve to herself during life, and after 
})aying all the just debts of the said deceased, (and charges 
of settling the said estate out of the other two thirds) the 
remainder if any be to be put on interest, and paid to each 
heir their legal share as they severally arrive to full age, 
and the othei- third after her decease, to be paid to them 
in like proportion. March 13, 1783. 

Chapter 135. 

ACCOUNTS EXHIBITED FOR SUPPLYING SICK SOLDIERS TO BE (JJian.X^^ 
LAID BEFORE THE COMMITTEE ON ACCOUNTS. ^ * 

Resolved, That all accounts exhibited for expences of 
supporting sick soldiers be laid before such person or 
persons as shall be appointed to pass upon such accounts 
as Avere formerly passed upon by the committee on 
accounts. March 13, 1783. 

Chapter 135 a.* 

RESOLVE ON THE PETITION OF DOROTHY FORBES AND ELIZA- pr 1 Q/t a 
BETH MURRAY. ' O//. ±OOA 

On the petition of Dorothy Forbes aiid Elizabeth 
IMurra}' : 

Resolved, That the prayer thereof be granted, and that 
the said Dorothy and Elizabeth be, and they hereby are 
pei'mitted, to cause to be brought in any cartel that may 
come from Halifax, or any part of JSFova Scotia, to any 
port in this Connnon wealth, to their own use, any articles 
of api)arol and books that are now there, to the use of the 

* Not numbered in Session Pamphlet. 



4:86 1782. — jAmiAEY Session. 

said Dorothy and Elizabeth, or either of them, provided 
that the same be liable to forfeiture to this Common- 
wealth, if landed before the same have been exposed to 
the inspection of the naval officer for the port where the 
said cartel shall a i rive, who is hereby enjoined oarefiilly 
to examine the same, that no articles other than those 
above mentioned, be brought by means hereof. 

March 13, 1783. 

Chapter 136. 

Chan 136 resolve establishing the members of the general 

^ ' COURT. 

Resolved, That there be allowed and paid out of the 
public treasury of this Commonwealth, to each member 
of the Council, nine shillings per day, to each member of 
the Senate, eight shillings and six pence per day, to each 
meml>er of the House of Representatives, eiglit shillings 
per da}', for each day they have respectively attended 
their respective duty this present session ; and that their 
travel pay be made in proportion thereto, calculated in the 
usual manner. March 13, 17S3. 



Chajy.ldl 



Chapter 137. 

RESOLVE EMPOWERING CADWALLADER FORD, JUN. TO SELL 
THE REAL ESTATE MENTIONED. 

On the petition q/" Cadwallader Fovd, Jun. exeaiior of 
the last ivill and testament of Benjamin Thompson, late 
of Wilmington, in the comity of Middlesex, deceased, 
praying for liberty to sell the real estate of the said 
deceased, for reasons set forth in the said petition: 

Resolved, That the prayer of the petition be granted, and 
that the said CadicaUader Ford, jun. be, and he hereby is 
authorised and empowered, to sell all the real estate of 
the said deceased, for the most the same will fetch, and 
make and execute a good and lawful deed or deeds to 
the purchaser or purchasers thereof, he observing the 
rules and directions of the law for the sale of real estates 
by executors and administrators, first giving sufficient 
security to the Judge of Probate for the county of Middle- 
sex, that the proceeds arising by the sale of the said estate, 
after paying the just debts of the said deceased, and 
legacies according to his will, the remainder to be put 



1782. — January Sessiox. 437 

and kept on interest, for the l)enetit of the heirs of the 
said tleceased, and both principal and interest paid to 
eacli heir and legatee their respective share, agreeably to 
the will and testament of the said deceased. 

March 13, 1783. 



Chap.138 



Chapter 138. 

RESOLVE EMrOWERING JEREMIAH VOSE OF STOUGHTOX, TO 
COMPLEAT THE COLLECTION OF TAX BILLS LEFT WITH HIM. 

On the petition of Jeremiah Vose, of Stoughton, in the 
county of Sutlblk : 

Jiesolved, That the petitioner be, and he hereby is 
empowered, to compleat the collection of the tax bills 
left with him to collect, by one XatJianiel Holmes, jun. 
in as ample a manner as if he had been legally chosen 
by said town for that purpose. 

And it is further BesoJved, That the present Assessors 
of the said town ])e dirocted to grant the petitioner a 
warrant for compleating the said collection according to 
the usual form of law. March 13, 1783. 



Chapter 139. 

RESOLVE REQUESTING THE GOVERNOR TO ALLOW WILLIAM (JJinqy 139 
BURGESS A FURTHER TIME, AFTER WHICH TO ORDER HIM -* * 

OUT OF THIS COMMONWEALTH. 

Resolved, That the Governor be, and he is herebj- 
requested to allow William Bnvf/ess such further time 
as he, with advice of Council, shall think reasonable, not 
exceeding six weeks from the date hereof, after which the 
Governor is requested to order said Burgess out of this 
Commonwealth. March 14, 1783. 

Chapter 140. 

RESOLVE APPOINTING EDWARD GROW, ESQ; AGENT FOR THE niff,^^ I4A 
COUNTY OF YORK. KjfLUp.l^KJ 

Resolved, That Edivard Grow, Esq ; be, and hereby is 
appointed, agent in and for the county of YorTc, to receive 
the price of corn, beef, sheeps wool, and sole leather, in 
order to ascertain the value of the notes sfiven to the 



4:38 1782. — January Session. 

officers and soldiers of this Commonwealtli's quota of 
the Continental army, for the depreciation of their wages, 
in the room of Mr. Joseph Seivall, deceased. 

March 13, 1783, 

Chapter 141. 

Chan 141 k,esolye ox the petition of charles Goodrich, esq. 

On the petition of Charles Goodrich, Esq; setting forth, 
that there icas a mistake in recording a certain grant of 
land, of about forty-seven acres, lying in the county of 
Berkshire, which grant icas made to Ephraim Keyes, on the 
sixth day of June, 1767, and praying that the said mis- 
take may be rectified, and the said grant established to 
contain the same land that ivould have been fairly de- 
scribed, if the aforesaid mistake had not been made: 

Resolved, That the prayer of the petition be granted, 
and the said grant is hereby confirmed to the said Ephraim 
Keyes in manner following, vi^ beginning eleven chains, 
seventy-four links north, thirty-three degrees east, from 
the north west corner of a grant of land made l^y'the 
General Court to Benjamin Goodrich and others, lying 
west of Pittsfield, bounded as by the plan will appear, 
from thence north twenty-two degrees, east twenty chains, 
thence east twenty-two degrees, south twenty-three chains 
and seventy-four links, thence south twenty-two degrees 
west twenty chains, thence west twenty-two degrees north 
twenty-three chains and seventy-four links, to the first 
mentioned bound, containing forty-seven acres and one 
hundred and forty rods of land, which is hereby confirmed 
to the said Ephraim Keyes, provided it does not interfere 
with any former grant. March 13, 1783. 

Chapter 143. 

rhnrt 14-9 RESOLVE ON THE PETITION OF BENJAMIN WARD, JUN. DIRECT- 
Kymup.L^^ ING THE TREASURER TO RECEIVE THE SUM IN BILLS OF 
CREDIT MENTIONED, HE MAKING OATH. 

On the petition of Benjamin Ward, jun. showing that 
he as a Collector for the town of Salem received the sum 
of nine thousand six hundred and forty-two pounds in 
bills of credit of the old emission, before the time limited 
for receiving the same expired, and irhich remained in his 



1782. — January Session. 439 

pos,ses,no)i till the IVeasurer refused to receive the same, 
hy reason of the said lienjainiii's retain i)if/ the same to the 
use of the selectmen of Marblehead, ivho since refuse to 
receive the same: . 

Titer ef ore Resolved, That tlie Treasurer of this Com- 
monwealth be, and he hcrel)y is directed, to receive the 
same sum in ])ills of credit from the said Benjamin, in 
discharge of that sum due from him to this Common- 
wealth, upon the State tax committed to him to collect 
in the year 1780, the said Benjamin making oath that he 
bona fide received the same bills in the collection of the 
same tax, before the twentieth day oijuly, 1781, and that 
he hath derived to himself no personal advantage thereby. 

March 14, 1783. 

Chapter 143. 

RESOLVE IMrOWERING SETH BATES, OF HANOVER, TO MAKE (JhaT) 143 
SALE OF THE REAL ESTATE MENTIONED. ^ ' 

On the jyetition of Setli Bates, of Hanover, in the county 
of Plymouth, guardian to John Tilden Torrey, of said 
Hanover, a person represented non comjjos, praying for 
liberty to sell the whole of the real estate of the said Jolin 
Tilden Torre}", /or reasons set forth in Ids petition. 

Resolved, That the prayer of the said petition be granted, 
and that he the said iSeth Bates in his capacity as guardian 
be, and he hereby is impowered, to make sale of all the 
real estate of the said Jolui for the most the same will 
fetch, and make and execute a good and lawful deed or 
deeds to the purchaser or purchasers thereof, he observing 
the rules and directions of the law for the sale of real 
estates by executors and administrators, first giving sufh- 
cient security to the Judge of Probate for the said county 
of PlynioutJi, that after paying the just debts of the said 
John, the remainder be put on interest for the support of 
the said John, and he the said guardian to be accountable 
for the expenditure thereof. March 14, 1783. 

Chapter 144. 

RESOLVE ON THE PETITION OF ELIJAH DUNBAR, APPOINTING nij^,.^ -JAA 
A COMMITTEE TO MAKE THOROUGH ENQUIRY INTO THE ^"■**/^'-'-*± 
PREMISES, AND ASCERTAIN THE BOUNDARIES OF THE TOWN 
OF OXFORD, AND OTHER TOWNS TO BE NOTIFIED THEREOF. 

The committee ajipointed to hear the petition of Elijah 
Dunbar, Jiave attended that service, and having fully exam- 



440 1782. — January Session. 

ined the evidence hrougld in support of the said petition, 
consider the ^natters therein contained, exceedingly/ interest- 
ing to the Commomvealtli, to the original proprietors of the 
tovm of Oxford, and to the inhabitants of the town o/Cbarl- 
ton, and are of opinion, that it is incumbent on this Com- 
monwealth to ascertain, if possible, the true oinginal line 
between the toivn 0/ Oxford and the Gore, and also the line 
which the committee, tvho sold the Gore to individuals, did 
in fact bound the said individuals unto; also to ascertain 
the ancient true village line which is the eastern bound of 
Brown's lot, so called, and also to fix the central or divi- 
sion line betiveen the Commonwealth and Joseph Bluney, 
Esq; of the one part, and the other proprietors of the other 
part : 

Therefore Resolved, That Samuel Baher, Israel Nichols, 
Seth Washburn, John Child, and Samuel Curtis, Esq'rs. 
be a committee to make thorough enquiry into the prem- 
ises, and ascertain the boundaries ; and the committee 
are hereby directed to give reasonable notice to the towns 
of Oxford, Charlton, Leicester, Spencer and Broolvfield, 
by leaving an attested copy of this petition, and the 
order of Court thereon, with the town clerks of the 
said towns, that they may be present, if they see cause, 
upon perambulating the ancient lines of .the Gore upon 
which the said towns do join ; also to give reasonable 
notice to the inhabitants of the Gore, by leaving an 
attested copy of this petition, and the order of Court 
thereon, with one of the principal inhabitants thereof, 
that they may be present upon the said perambula- 
tion, if they see cause ; also to notify the town of 
Oxford in the way before mentioned, that they may 
be present, if they see cause, upon the peraml)ulation 
of the ancient village line, so called. 

And it is further Resolved, That the committee be, 
and hereby are directed and empowered, to run and 
establish, in behalf of this Commonwealth, a line 
through the center of the lot formerly Governor Stourjh- 
ton^s, but now known by the name of Brown's lot, agree- 
able to a deed of division heretofore agreed to and 
signed by Lemuel Kollock, Esq ; in behalf of this Com- 
monwealth, and by all the other proprietors. And the 
committee are directed to report their doings to the 
General Court, as soon as may ])e. 

March 14, 1783. 



1782. — January Session. 441 

Chapter 145. 

RESOLVE ON THE PETITION OF JAMES WITHERELL, ONE OF (Jhar) \An 
THE COLLECTORS FOR THE TOWN OF LEBANON, DIRECTING ^ * 

THE TREASURER TO STAY EXECUTION UNTIL THE FIRST 
DAY OF SEPTEMBER NEXT. 

On the petition o/" James Witherell, one of the collector's 
forthetovni of Lidhnnon, prayimj for some relief respecting 
the taxes committed to him to collect, hy reason of some 
peculiar circumstances, as set forth in the said petition : 

Resolved, That execution for twenty-eight pounds and 
one shilling, specie, due on the paper currency tax for 
the year 1780, and sixteen pounds seven shillings and six 
pence, of the silver money tax, be stayed until the first day 
of September next ; and the Treasurer is hereby directed 
to govern himself accordingly. March 14, 1783. 

Chapter 146. 

RESOLVE ON THE PETITION OF PAUL JEWETT AND OTHERS, ChciT) 146 
SELECTMEN OF ROWLEY. ^ ' 

On the petition of Paul Jewett and others, Selectmen of 
Rowley. 

Wltereas the petitioners have represented to this Court, 
that in consequence of the resolve of the General Court of 
the I'oth of June, 1781, they on the second day of July in 
the same year, drafted one George Jewett to serve as a sol- 
dier in the Continental army, who, as they supposed, did ' 
belong to a deficient class in the said toivn, and caused him, 
the said George, to be mustered by one of the county Mus- 
ter Mast-ers, and required him to proceed to the superintend- 
ent. That on the said George's refusing thus to proceed, 
they the said Selectmen attempted to carry him forward to 
the said superintendent, but he was rescued from their 
hands, and that an execution has issued against them, the 
said Selectmen, as delinquents, and the said petitioners 
have prayed for relief frorn the said execution, and that 
they may receive the direction of the General Court, respect- 
ing tJie said deficient class. 

And ichereas it does not appear to this Court that the 
petitioners are justly chargeable with any known or careless 
neglect of the duty enjoined on them as Selectmen by the 
aforesaid resolve: And whereas it appears that by reason 



442 1782. — January Session. 

of dispute between a certain class in the said town o/' Row- 
ley, of which George Jewett is the head, and another class 
in the said town of ichich El)enezer Kill)ourn is the head, 
there has happened a deficiency of one man. 

And whereas the determination of the Master Masters 
before whom a trial was had by the classes aforesaid, was 
conditional and therefore illegal. 

Therefore Resolved, That the petitioners be, and they 
hereby are directed, to certify the cause of the contending 
classes aforesaid, to Samuel Johnson, Esq ; one of the 
muster masters for the county of Essex, who is hereby 
directed to notify Richard Ward, another of the muster 
masters for the said county, and John Choate, Esq ; of 
Ipswich, in the same county, to attend at some convenient 
time and place, and the said Samuel Johnson, Richard 
Ward and John Choate, or the major part of them, are 
hereby authorized and required to call before them the two 
contending classes aforesaid, and them to hear concerning 
the premises, and then to judge and determine to which 
class the man in dispute belongs, and certify the same to 
the assessors of the said Rowley for the time being. 

And the said assessors for the time being shall be and 
hereby are authorized and directed, within fifteen days 
after the receipt of such certificate, to assess upon the 
class, that shall appear to be deficient in their several just 
l^roportions, the sum of one hundred and twenty-eight 
poiinds, nine shillings and sixpence, (the said sum l)eing 
the average price of the men raised in consequence of the 
resolve of the General Court of December 2d, 1780, with 
the addition of fifty per cent, thereon,) and also an addi- 
tional sum for the time and expences of the said Samuel 
Johnson, Richard Ward and John CJioate. 

And the said assessors shall commit the said assessment 
to some one of the constables or collectors of taxes for 
the said town of Rowley, and certify the same to the 
Treasurer of this Commonwealth, who is hereby author- 
ized and directed on the receipt of such certificate to issue 
his warrant, directed to the said constable or collector, 
requiring him to collect the aforesaid sum so assessed, 
and the same to pay into the treasury aforesaid within 
sixty days from the date of the said w^arrant. 

And be it further Resolved, That if the said assessors 
for the time being shall neglect to discharge the duty 
enjoined them by the foregoing resolve, they shall be and 



1782. — Januaky Session. 443 

hereby are inude liable to the same penalties to be recov- 
ered and disposed of in the same manner as in the case of 
assessors neglecting the duty enjoined on them by the 
resolve of the General Court passed the 20th day of Octo- 
ber, 1781. ■ . 

And it is further Resolved, Tliat the aforesaid Treasurer 
be, and he is hereby directed upon receiving a certificate 
of the assessment aforesaid, to recall the aforesaid execu- 
tion, and discharge the petitioners therefrom. 

And it is further Besolved, That in case either of the 
contending classes aforesaid shall, after due notice given 
them by the said Samuel Johnson, Richard Ward, and 
John Choate, or the major part of them, neglect or refuse 
to appear ])efore them, they are hereby authorised and 
directed, to hear and determine on the premises aforesaid, 
such refusal or neglect notwithstanding. 

March 17, 1783. 

Chapter 147. 

RESOLVE EMPOWERING MART ROBBINS AND ELIJAH HOLTOX, (Jhai) 147 
TO SELL THE REAL ESTATE MENTIONED. ^ ' 

On the petition of Mary Bobbins and Elijah Holton, 
administrators on the estate o/Aaron Robbins, late q/'North- 
field, in the county q/" Hampshire, deceased, praying for 
liberty to sell the real estate of the said deceased, for rea- 
sons set forth in their petition : 

Resolved, That the prayer of the petition be granted, 
and that the said Mary Robbins and Elijah Holton be, and 
they are hereby authorised and empowered, to sell the 
real estate of the said Aaron Robbins, deceased, for the 
most the same will fetch, and make and execute a good 
and lawful deed or deeds to the purchaser or purchasers 
thereof, they observing the rules and directions of the law 
for the sale of real estates by executors and administrators, 
first giving sufficient security to the Judge of Probate for 
the county of Hamx)shire, that the interest of one third 
of the proceeds by the sale of the said real estate, be 
paid annually to said Mary Robbins, during her life, and 
the other two thirds, after all just debts and charges are 
paid, to be kept on interest, for the benefit of said chil- 
dren, and that each one's share of both principal and inter- 
est be paid to them severally as they shall arrive to full 
age. " March 15, 17 S3. 



444 1782. — Januaky Session. 

Chapter 148. 

Char) 148 i^esolve on the tetition of samuel moody a^t> samuel 

^ ' NOTES, GUARDIANS OF THREE MINORS, CHILDREN AND 

HEIRS OF JOEL WEED, A FREE NEGRO, DECEASED. 

On the petition of Stimuel Moody and Samuel Noyes, 
guardians of three minor children and heirs of Joel 
Weed, a free negro, deceased, in hehalf of the said minors, 
setting forth, that the said Joel, fpr a, very small sum, 
mortgaged to the said Pearson a tenement in l^Gwhiivy , of the 
value q/" ninety pounds, and that by the sudden death of the 
said Joel, and the pecidiar situation of his heirs, the equity 
of redemjytion thereof by laic, is gone and jjast, and they 
ivithout remedy. And luhereas there is no court of equity 
in this Commomvealth to grant relief in this behalf; and this 
Court, willing in singular cases to prevent apparent injus- 
tice, and to put the party grieved in a ivay to obtain his right, 
where the laws in being will not aid or do him justice: 

Resolved, That the said Samuel Moody, and the said 
Samuel JSfoyes, in their said capacities, and in behalf of 
the said minors, be, and the}^ are hereby empowered, 
within two years from the date hereof, to pay, or either 
of them, to pay to the said Pearson, the just sums due, 
according to rules of equity, on the said mortgage, prin- 
cipal, interest, and costs of repairs on the same, the said 
Pearson accounting with them for all the rents and profits 
by him actually received from the said tenement, and to 
l)ursue against the said Pearson any process in law for the 
recovery of the same tenement, rents and profits, for the 
use of the said heirs, in the same manner, and as fully, as if 
the equity of redeeming the same was not gone, or the time 
prescribed l)y law for redeeming mortgaged estates, not 
in this case expired ; and that such payment or tender of 
just such- sums due, shall be good and valid to render null 
and void the deed of mortgage made by the said Joel to 
said Pearson, of said tenement. March 15, 1783. 



Chap.UQ 



Chapter 149. 

RESOLVE DIRECTING THE TREASURER TO RECEIVE OF 
COL. BENJAMIN TUPPER, EIGHT HUNDRED TWENTY-TWO 
POUNDS, OLD CONTINENTAL MONEY, AND TO GIVE DUPLI- 
CATE RECEIPTS FOR THE SAME. 

On the petition of Col. Benjamin 'Yw\)\)Q,x, praying that 
the Treasurer of this Commonwealth may be empowered to 



1782. — January Session. 445 

receive of him, the sum of eight hundred and twenty-two 
poiuuls, old Continental money, iviiich lie received for the 
purpose of inlistinij soldiers for this Oommonioecdth : 

Resolved, That the Treasurer of this Commonwealth l)e, 
and he hereby is directed, to receive of Col. Benjamin 
Tapper, the sum o^ eight hundred and tweiUy-tivo x>ounds, 
old Continental money, he making oath that he has not 
received any advantage by loan or otherwise from the said 
money ; and the Treasurer is directed to give the said 
Tapper duplicate receipts for the said money, one of which 
to be lodged in the Secretary's office, at the rate that the 
said money was set at by the scale of depreciation of this 
Commonwealth, two months from the time the said Tap- 
per received the said money, for Avhich the said receii)t 
the connnittee on accounts are hereby directed to credit 
the stiid Tapper for. March 15, 1788. 



Chapter 150. 

RESOLVE INTITLING PEREZ BRADFORD TO ONE-FOURTH PART Qh(i^^ 1 50 
OF HIS PAY AS A SERJEANT. -^ * 

On the representation of John Lucas, commissary of 
pensioners, in behalf of Yerez Bradford, serjeant in Capt. 
Croel Cotton's company, in Col. Josiah Whitney's regi- 
ment, was wounded in his left knee at Rhode Island, in the 
year 1778 : 

Resolved, That the said Perez Bradford be entitled to 
one-fourth part of pay as a serjeant, from the time of his 
discharge from said reirinient. March 15, 1783. 

Chapter 151. 

RESOLVE ON THE PETITION OF CERTAIN INHABITANTS OF fjhn'ij I5I 
ERVIXGSniRE, AND OTHER TOWNS, APPOINTING A COM- 1 ' 

MITTEE TO REPAIR TO SOME CONVENIENT PLACE IN THE 
TERRITORY MENTIONED, HEAR THE PARTIES, AND VIEW 
THEIR SITUATION, AND REPORT. 

On the petition of certain inhabitants of Ervingshire, 
"Warwick, Athol and Royahton, pj'aying that a committee 
may be appointed by the General Court, to vieiv (at the 
petitioners cost) their situation and circumstances, and 
report their opinion of the expediency of the petitioner's 
being incorporated into a toivn: 



446 1782. — jANUAPtY Session. 

Besolved, That Eleazer Brooks, Esq ; Mr. James Locke 
and Ahel Wilder, Esq ; be a committee to repair to some 
convenient place in the territory mentioned l)y the ))eti- 
tioners, notify all persons interested, hear their allegations 
and complaints, view their situation and circumstances, 
and report their opinion at the next Session of the Gen- 
eral Court, and that the whole cost and expence attending 
the business aforesaid be paid l)y the persons petitioning 
in the first instance, and not out of the public treasury. 

March 15, 1788. 

Chapter 153. 

Chap.152 RESOLVE impowering achsah ludden, to sell the part 

^ * OF THE REAL ESTATE MENTIONED IN HER PETITION. 

On the petition of Achsah Ludden, loidow and admin- 
istratrix on the estate of Levi Ludden, late of Williams- 
burg, in the county of Hampshire, deceased, praying for 
liberty to sell so much of the real estate of the said deceased, 
as shall he found necessary to pay the just debts of the said 
deceased, and to enable her to sup)p)ort her child who is very 
weakly, for reasons set forth in her petition: 

Resolved, That the prayer of the petition be granted, 
and that she the said Achsah Ludden in her said capacity 
be, and she hereby is authorized and impowered, to sell 
so much of the real estate of the said deceased, as the 
full sum of debts due from the said estate shall amount 
to ; and also so much, and no more than what shall be 
really necessary to support the said child, and make and 
execute a good and lawful deed or deeds thereof to the 
j)urchaser or purchasers, she observing the rules and 
directions of the law for the sale of real estates by 
executors and administrators, tirst giving sufficient secu- 
rity to the Judge of Prol)ate for the county of Hampshire, 
that the proceeds arising by the sale of such estate be 
applied for the purposes aforesaid, and she to be account- 
able to the Judge of said county therefor. 

March 15, 1783. 

Chapter 153. 

ChaV.15d RESOLVE ON THE PETITION OF JOHN CODMAN, JUN. AND 
^ ' WILLIAM SMITH. 

On the petition of John Codman, ju7i. and William 
Smith, setting forth that they are interested in the late 



1782. — January Session. 447 

jmrc/ta.^e of tJie fi/u'j) Tartar, /or ?/7ric7i they are indebted 
to this Commonwecdllty and praying that they may he 
alloived to discount a warrant for six hundred and sixty- 
nine pounds seven shillings and six pence, in payment for 
the xame, vdtich icarrant ii'as issued in tJieir favour on the 
2'ld day of Novcni1)cr, 1781, on the Treasurer of this 
Co/nmomvealth, for freif/ht and primage of goods imjwrted 
by the United States. 

Resolved, That the Treasurer he, and he herchy is 
directed, to discharge the a])Ove warrant, l)y paying to, or 
discounting with the said t/o/m CocZman, jun. and Tl^i7//am 
Smith, the said sum of six hundred and sixty -nine pounds, 
seven shillings and six pence, out of the monies arising 
from the sales of the ship Tartar. March 15, 1783. 

Chapter 154. 

RESOLVE APPOINTING A COMMITTEE TO EXAMINE AND PASS Qhaj) 154 
ON ALL ACCOUNTS EXHIBITED, FOR SERVICES, &c. FOR THE -^ ' 

USE OF THE COMMONWEALTH, AND REPEALING A RESOLVE 
PASSED THE 13th OF FEBRVART1.AST:. 

Whereas the multiplicity of accounts against the Com- 
monwealtJi noiv laying unsettled, together ivith the urgency 
of public business, make it necessary that a more expedi- 
tious mode of settling the said accounts than that provided 
in the resolve of the thirteenth of February last, should be 
adopted. 

Therefore Resolved, That the resolve before mentioned 
of the thirteenth of February be, and it is hereby 
repealed. 

It is further Resolved, That Ephraim Starkiveather , 
Charles Turner, Seth Washburn, Joseph jSFoyes, and 
Miles Greenwood, Esq'rs, be, and they hereby are ap- 
pointed a committee, whose business it shall be to receive, 
examine and pass on all accounts, (not otherwise ordered) 
that shall be exhibited for services performed, cash ad- 
vanced or pro])erty sold for the use of this Common- 
wealth by order of the General Court, or any person or 
persons authorized to incur such expence, in all cases 
where such accounts are properly vouched, and where 
the rate of allowance shall have been prescribed by the 
legislature, and the doings of any three of the said com- 
mittee, in pursuance of these resolves shall be valid, as 
well in the recess as durin<y the settino; of the General 
Court. 



448 - 1782. — January Session. 

Resolved, That if any account shall be exhiljited to the 
said committee for which no principles of settlement shall 
have been previously prescribed, the said committee shall 
thereupon consider of, and report to the legislature for 
their acceptance, a rate of allowance or general i)rniciples 
of settlement in such manner as that all accounts of a 
similar nature may be thereby adjusted and settled, and 
the beforementioned committee shall, in a book to be 
kept for that purpose, make a fair entry of the names of 
all })ersons whose accounts they shall allow, the towns 
to which they severally belong, the services or articles 
charged in the said accounts, and the amount of the 
sums allowed thereon ; which book shall be laid before 
the General Court once in every Session for inspection. 

It is further Resolved, That the said committee shall 
be, and they hereby are authorized, to pa}^ the accounts 
that shall be allowed by them in pursuance of these 
resolves, and shall apply to the General Court from time 
to time for money for this purpose. March 15, 1783. 

Chapter 155. 

Chan.155 resolve directing the commissary general to dis- 

^ ' CHARGE JONATHAN EDDY, ESQ; WILLIAM HOW, AND 

ZEBULON ROW, FROM CERTAIN OBLIGATIONS. 

On the 'petition q/" Jonathan Eddy, Esq; William How, 
and Zebulon Row. 

Resolved, That the prayer of the petition be granted, 
and the Commissary General is hereby directed to dis- 
charge the said Jonathan Eddy, Esq ; and others, from 
their ol)ligations, as set forth in their petition, being one 
hundred and sixty-nine pounds eight shillings, any law or 
resolve to the contrary notwithstanding. 

March 19, 1783. 

Chapter 156. 

Char) 156 resolve on the petition of seth newton, empowering 

^ ' HIM TO MAKE SALE OF A PIECE OF LAND MENTIONED. 

On the petition of Seth Newton, guardian to Thomas 
Lewis, of Southborough, a person non compos, praying 
for liberty to malm sale of about eight acres of improved 
land, it being the property of the above said Thomas : 

Resolved, That the above said Seth JSfeivton, in his 
capacity as guardian, for the reasons set forth in his 



1782. — Januaky Session. 449 

petition, be, and he hereby is empowered, to make sale 
of the above said piece of land, for the most the same 
will fetch, and make and exccnte a good and lawful deed 
or deeds to the purchaser or purchasers, he observing the 
rules of law for the sale of real estate, made and provided for 
executors and administrators, first giving bond, with sufli- 
cient sureties, to the Judge of Probate for the county of 
Worcester, that the proceeds of the sale be improved for 
the benefit of the said Thomas. March 19, 1788. 

Chapter 157. 

RESOLVE ON THE PETITION OF MART HUBBARD, ADMINISTRA- /^7.^jj 1 ^7 
TRIX TO JONAS HUBBARD, LATE OF WORCESTER, DECEASED. ^'1^^^^'^^ 

On the petition of Mary Hubbard, administratrix on the 
estate of Jonas Hubbard, late of Worcester, in the county 
of Worcester, deceased, William Young, and Jonathan 
Phillips, r/uardians to the heirs of the said deceased, pray- 
ing for liberty to sell a part of the real estate of the said 
heirs, for reasons set forth in their petition : 

Resolved, That the prayer of their petition be granted, 
and that the said Mary Hubbard, William Young, and 
Jonathan Phillips, in their said capacities, be, and are 
hereby authorized and empowered, to make sale of the 
land mentioned in their petition, for the most the same 
will fetch, and to make and execute a good and lawful 
deed or deeds to the purchaser or purchasers, they observ- 
in<2: the rules and directions of law for the sale of real 
estates by executors or administrators, first giving bonds 
to the Judge of Probate for the county of Woixester, that 
the money arising by the said sale, after pa3'ing the 
charges, shall one third be put to interest, for the benefit 
of the said widow, during her life, and the other two 
thirds, together with the widow's reserve, after her 
decease, shall be appropriated to the use of the heirs 
at law to the aforesaid deceased, in legal proportion. 

^ March 19, 1783. 

Chapter 158. 

RESOLVE REQUESTING THE GOVERNOR TO LIBERATE SAMUEL n^nj^ I5Q 
ELY FROM HIS CONFINEMENT IN GOAL, UNDER CERTAIN ^ ' 

CONDITIONS. 

On the j)etition of Samuel Ely, ^sq; in behalf of his 
son, Samuel Ely, noiv a prisoner in Boston goal, praying 



450 1782. — January Session. 

tJtat he 7nay he liberated, for reasons set forth in the said 
petition : 

Resolved, That the Governor be, and is hereby 
requested, to order the said Samuel Ely to be released 
from his present confinement, provided he the said 
Samuel Ely shall give bond to the Treasurer of this 
Commonwealth, with two sufficient sureties, in the sum 
of one thousand j^ounds, conditioned, that he will not 
directly or indirectly give any intelligence to the ene- 
mies of the United States, and will not do or say any 
thing in opposition to, or in prejudice of, the measures 
and proceedings of the Congress of the said States, or 
the General Court or Council of this Commonwealth, and 
will immediately depart this Commonwealth, and not 
return into the same without leave first had and obtained 
from the General Court, and provided also that the said 
Samuel Ely pay the Court charges and jail fees. 

March 17, 1783. 



Chapter 159. 



07^^7^9.159 



RESOLVE EMPOWERING EBENEZER MITCHELL TO MAKE SALE 
OF A PART OF THE REAL ESTATE MENTIONED IN HIS 
PETITION. 

On the petition of Ebenezer Mitchell, as guardian to 
William Mitchell, a minor, praying that he may be em- 
powered to sell so much of the said William's real estate, 
as will pay the moiety of a certain legacy, with the interest 
due thereon, with all intervening charges, for reasons set 
forth in the said petition : 

Resolved, That Ebenezer Mitchell, guardian to William 
Mitchell, a minor, be, and he hereby is empowered, to 
make sale of such a part of the real estate of the said 
William as will fully pay and discharge his part of the 
first moiety of a legacy which is due to Elizabeth and 
Mehitable Mitchell, with the interest due thereon, and all 
intervening charges ; and the said Ebenezer is hereby 
fully impowered to make and execute a good and lawful 
deed or deeds of the same, he observing the rules and 
directions of the law as in such cases is directed, he first 
o-ivino; sufficent sureties to the Judge of Probate for the 
county of Essex, that the proceeds by sale of the said 
estate be appropriated for the purpose aforesaid. 

March 17, 1783. 



1782. — January Session. ^ 451 

Chapter IGO. 

RESOLVE ON THE PETITION OF CAPT. AMOS LINCOLN, DIRECT- CkaV.lGO 
ING THE COMMISSARY GENERAL TO SUPPLY THE NON-COM- ^ " 

MISSIONED OFFICERS AND PRIVATES IN HIS COMPANY WITH 
CLOATHING. 

On (he pefifkm of CajJt. Amos Lincoln, praying that a 
siiit of doathes may he (jranted to each non-commissioned 
officer and private soldier in the company under his com- 
mand, agreeable to the establishment made for the said 
company, by a resolve of the General Court of April 
27, 1780. 

liesolved. That Richard Devens, Esq ; Commissary 
General of this Commonwealth be, and he is hereby 
empowered and directed, to supply each non-commis- 
sioned officer and soldier in the company commanded by 
Capt. Amos Lincoln, aforesaid, with one coat, one waist- 
coat, one pair of breeches, one shirt, one pair of shoes, 
one pair of stockings and one hat, agreeable to the estab- 
lishment aforesaid. March 17, 1783. 

Chapter 161. 

RESOLVE DISCHARGING EPHRAIM STARKWEATHER, ESQ; AND (JJia^j 161 
OTHERS, A COMMITTEE TO ALLOW AND PAY ACCOUNTS, ^ ' 

FROM THE SUM OF THIRTEEN THOUSAND SEVEN HUNDRED 
AND SIXTY POUNDS FIVE SHILLINGS AND THREE PENCE. 

Resolved, That Ephraim Starkweather, Abraham Ful- 
ler, Seth Washhourn, Joseph JVoyes, Esq'rs. and Mr. 
Miles Greenu'ood, a committee appointed to allow and 
pay accounts be, and they hereby are fully discharged, 
from the simi of thirteen thousand seven hundred and sixty 
piounds five shillings and three pence, received by them 
out of the treasury of this Commonwealth, from the 
thirteenth day of June last past, to the tenth day of 
February following, they having accounted for the ex- 
penditure of the said sum in the business of their 
appointment. March 17, 1783. 



Chapter 103. 

COMMITTEE ON ACCOUNTS DIRECTED TO ALLOW THE CLERKS 
IN THE SECRETARY'S AND TREASURER'S OFFICES, SEVE 
SHILLINGS PER DAY, AND TWELVE SHILLINGS FOR THE 
BOARD OF THE POOR OF THE TOWN OF CHARLESTOWN. 

Ordered, That the committee on accounts allow to each 
of the clerks in the Secretary's and Treasurer's offices, 



J Chap.Xm 



452 1782. — January Session. 

seven shillings per day, for their past services, and that 
allowances be made in like proportion for the services of 
other persons of a similar nature. 

And it is hereby further Ordered, That the said com- 
mittee allow no more than tivelve shillings per w^eek for 
the full board of any one of the poor of the town of 
Charleslown , in any case whatever. March 17, 1783. 

Chapter 163. 

Chav 1 63 R-KSOLVE on the petition of the committee of the town 

^ ' OF BRUNSWICK, IN THE COUNTY OF CUMBERLAND. 

On the petition of the committee of the town of Bruns- 
wick, in the county of Cumberland, setting forth the dis- 
tressed circumstances of the inhabitants of the said toivn, 
and 2^1'aying they may be excused from the fine for not 
raising three men, agreeable to a resolve o/" March 7, 1782 : 

Resolved, That the said inhabitants" be, and they are 
hereby excused, from the payment of any fine for not 
raising the three men aforesaid, they paying into the 
treasury of this Commonwealth, the sum of one hundred 
eighty -five pounds four shillings and one penny half-penny, 
being the whole amount of the average price of the said 
three men, and take duplicate receipts for the said sum, 
one of which to be lodged in the Secretary's office. 

And it is further Resolved, That the Treasurer be, and 
hereby is directed, on the receipt of the aforesaid sum of 
one hundi'ed eighty-five pounds four shillings and one 
penny half-2)enny , to stay execution against the said town 
of Brunswick, for the deficiency of the said three men, 
any resolve of the General Court to the contrary notwith- 
standing. March 19, 1783. 

Chapter 164. 

Chan 164 ^ grant of six thousand pounds to eperaim stark- 

l ' WEATHER, ESQ; AND OTHERS, A COMMITTEE ON ACCOUNTS. 

Resolved, That there be paid out of the treasury of this 
Commonwealth, to Ephraim 8tarkiveatJier, Esq ; and 
others, a committee for examining, allowing, and paying 
accounts, the sum of six thousand pounds, out of the 
proceeds of the tax granted in October, 1781, the said 
committee to be accountable for the expenditure of the 
same. March 17, 1783. 



1782. — January Session. 453 

Chapter 165. 

RESOLVE ON THE PETITION OF ANDREW AND REBECCA QJiaV 165 

GARDNER. ^ ' 

On the petition of Andrew (lardner and Rebecca Gard- 
ner, sJiewing, tliat the said Rebecca, witJt one Unite Brown, 
irere appointed Joint executors of the last will and testament 
q/ Jolin lirown, late q/'Needham, in the countij of SuH'olk, 
deceased, and that the said Unite Jtaving no interest in 
the execution of the said trust, hath for many years past 
absented himself, and keep>s himself without the knmoledge 
of the said Andrew and Reliecca, to her great delay and 
injury in the execution of the said trust: 

Be it therefore Resolved, That the said Rebecca, in her 
said capacity, be, and she hereby is authorized and em- 
powered, to do and perform all and every legal act neces- 
sary- for carrying the said will and testament into etl'ect, 
in as full and ample a manner as the said Unite Brown 
and Rebecca are joint!}' authorized to do by the said last 
will and testament. March 17, 17 S3. 

Chapter 166. 

RESOLVE IMPOWERING JOHN RICE AND JABEZ HARDING, TO (V,(yq^ Igg 
MAKE SALE OF THE REAL ESTATE MENTIONED IN THEIR ^"^F' 
PETITION. 

On the petition q/" John Rice and Jal)ez Harding, guar- 
dians to Mary Harding, Jerusha Harding and John Ilard- 
ing, minors and heirs to John Harding, late q/'Sturbridge, 
deceased, praying that they may be impowered, to sell 
all the real estate belonging to the said INIary, Jerusha 
and John Harding, for the reasons mentioned in said 
petition : 

Resolved, That the above said John Rice and Jabez 
Harding in their said capacity as guardians be, and they 
hereby are impowered, to make sale of all the real estate 
of the above said minors, for the most the same will fetch, 
and make and execute a good and lawful deed or deeds to 
the purchaser or purchasers, they observing the laws for 
the rule and direction of executors and administrators in 
the sale of real estates, and giving bonds with sufficient 
sureties to the Judge of Probate for the county of Worces- 
ter, that after all the just de])ts are paid out of the money 
arising' from Ihc said sale, the remainder of the said 



454 1782. — Jaxuaey Session. 

money be put and kept on interest for the benefit of the 
said heirs, and each one's share paid to them with the 
interest as they shall arrive to full age. 

March 18, 1783. 



Chapter 167. 

Chan 167 resolve on the petition of oren smith, appointing 

^ ' DAVID SMEAD, ESQ; AND OTHERS, A COMMITTEE TO AP- 

PRAISE THE LAND MENTIONED, AND TO GIVE A DEED 
THEREOF. 

On the petition of Oren Smith, setting forth, that in 
February ?«6-^ lie jmrchased o/" Jonathan Fisk, a tract of 
land lying in the county of Hampshire, which appears to 
he the 2)roperty of this Commonirealth : 

Resolved, That the prayer of his petition be granted, 
and that David Smead and Hugh M'Lellan, Esq'rs. and 
Mr. James Burdick be, and hereby are appointed a com- 
mittee, who shall be dul}' sworn to the faithful discharge 
of their trust, to appraise the said land according to the 
just value thereof, and shall make and execute a good and 
lawful deed of the said land, to him the said Oren SmitJi, 
and shall receive the money arising from the sale of the said 
land, or good and sufficient security for, the same, and 
shall pay or deliver the same to the Treasurer of this 
Commonwealth, taking duplicate receipts therefor, one of 
which to be lodged in the Secretary's ofiice, and lay the 
account of their sei-vices before the committee on accounts. 

March 20, 1783. 



Chap.lGS 



Chapter 168. 

RESOLVE ON THE PETITION OF ROBERT MILLER. 

On the petition of Robert Miller : 

Resolved, That the Court of General Sessions of the 
Peace next to be holden in and for the county of Hamp- 
shire be, and hereby are authorized and impowered, to 
licence Robert Miller, of Colrain, in said county, to keep 
a tavern in the house where he now lives, he producing to 
the said court the approbation and recommendation of the 
selectmen of the said town of Colrain, agreeable to law, 
the time for granting such licences l)eing elapsed to the 
contrary notwithstanding. March 19, 1783. 



1782. — Jantiary Session. 455 



Chapter 169. 



Chap.l69 



RESOLVE EMPOWERING SUSAXXAH CHEEVER TO MAKE SALE 
OF THE REAL ESTATE MENTIONED IN HER PETITION. 

On the jjetition o/" Susannah Clieever, administratrix on 
the estate of her Jiushand,, I-^dward Cheevcr, late of Wil- 
hraham, deceased, j)rayin(/ for liberty to sell the real estate 
of the said deceased, for reasons set forth in the said peti- 
tion : 

Jiesolved, That the prayer of the said petitioner be 
2:ranted, and that she the said Susannah Cheever be, and 
she hereby is authorized and empowered, to make sale of 
all the real estate of the said deceased, in the said Wilbra- 
hcnn, for the most the same will fetch, and make and 
execute a good and lawful deed or deeds of the same to 
the purchaser or purchasers thereof, she observing the 
rules and directions of law for the sale of real estates by 
executors and administrators, she first giving sufficient 
security to the Judge of Probate for the county of Ilarnj^- 
sltire, that two thirds of the proceeds arising by sale of 
the said estate, kept on interest for the benefit of the 
heir, reserving the income of the other third of the pro- 
ceeds to herself, during her life, and to pay to the said 
heir, mentioned in her petition, the principal and interest 
of the said two thirds, when the said heir shall arrive to 
lawful age. March 18, 17 S3. 

Chapter 170. 

RESOLVE ON THE PETITION OF JAMES ATRAULT, IN BEHALF fy,^,,, 170 
OF THE TOWN OF SANDERSFIELD. Kj/nqj. 

On the petition of James Ayrault, in behalf of the toicn 
of Sandersfield, representing that tJie said town icas fined 
for one man, in the tax act passed in the May session, 1781 : 
And ichereas it appears to this Court, that the said toivn 
(f Sandersfield procured their whole quota of men, agree- 
able to a resolve of the General Court, of the 22d day of 
June, 1780 : Therefore, 

Resolved, That the Treasurer of this Commonwealth 
])e, and is hereby directed, to receipt the town of Sanders- 
field for the sum of seventeen pounds four shillings and 
eight pence, it being the fine and average bounty which 
the town stands charged for their deficiency of one man, 
any resolve to the contrary' notwithstanding. 

March IS, 11 S3. 



4:56 1782. — January Session. 



Chapter 171. 

(7Aa?9.171 R-KSOLVE ON THE PETITION OF MARY BARTLETT, JOSIAH BART- 
^ ' LETT, AND STEPHEN^ GORHAM, EMPOWERING THEM TO 

MAKE SALE OF THE REAL ESTATE MENTIONED. 

Oil the petition of Mary Bartlett, Josiah Bartlett, and 
Stephen Gorliain, praying for liberty to sell a piece of 
land and buildings, belonging to the estate of Abraham 
Bartlett, deceased, lying in the town of Woburn, in the 
county of ^iiAAXeaey. , for 7'easons set forth in their petition : 

Resolved, That the prayer of their petition be granted, 
and that they the said Josiah Bartlett and Stephen Gor- 
ham, in their capacity of guardians to the children of the 
said deceased, be, and they are hereby authorized and 
empowered, to make sale of the real estate mentioned 
in their petition, for the most the same will fetch, and 
make and execute a good and lawful deed or deeds to the 
purchaser or purchasers thereof, they ol^serving the rules 
and directions of the law for the sale of real estates by 
executors and administrators, first giving bond to the 
Judge of Probate for the county of Suffolk, that the 
proceeds arising by the sale of the said estate, be put 
on interest, for the benefit of the heirs of the said 
deceased, and one third of the said interest to be paid 
to the said widow of the said deceased, annually, during 
her natural life, and the other two thirds, with the interest, 
to be paid to the legal heirs, severally, as they shall arrive 
to full age, and after the decease of the said widow, the 
remaining third to be paid in legal proportion. 

March 18, 1783. 



Chapter 172. 

Chav 172 Ri'"'^OLVE on the petition of william tuck, empowering 

^ ■ WILLIAM TUCK AND LTDIA LEE, TO MAKE SALE OF THE 

REAL ESTATE MENTIONED. 

On the petition of William Tuck, guardian to Henry 
Lee, son to Samuel Lee, deceased, to. William Twck, jun. 
Samuel Tuck, Warren Tuck, and Deborah Tuck, minors, 
and heirs to the estate of Samuel Lee, late of Manchester, 
deceased, and Lydia Lee, mother and guardian to Lydia 
Lee, a minor, and heir to the said deceased's estate, pray- 
ing for liberty to sell the real estate belonging to the said 



1782. — January Session. 457 

minors, in Miirblehetid, /or reasons set forth in their jjeti- 
tion: 

Resolved, That the prayer of the said petition be granted, 
and that they the said William Tuck and Lydia Lee, he, 
and they are hereby authorized and impowered, to make 
sale of all the real estate belonging to the said minors, 
mentioned in their petition, for the most the same will 
fetch, and make and execute a good and lawful deed or 
deeds of the same to the purchaser or purchasers thereof, 
they observing the rules and directions of the law for the 
sale of real estates by executors and administrators, first 
giving sufficient security to the Judge of Probate, that 
the proceeds arising by the sale of the said estate, be put 
on interest for the benefit of the heirs at law, and paid to 
each of them respectively their legal share as thej^ shall 
arrive to full age. March IS, 1783. 



Chapter 173. 

RESOLVE IMPOWERING GIDEON FROST AND AARON HILL, TO (JJinr) 173 
SELL PART OF THE REAL ESTATE MENTIONED. -^ * 

On the petition of Gideon Frost and Aaron Hill, both 
of Cambridge, in the county of Middlesex, guardians to 
Jonathan Cooper Hill and Lydia Hill, minors and chil- 
dren o/" Jonathan Hill, late of the said Cambridge, deceased, 
praying for liberty to make sale of so much of the real 
estate of the said deceased, as to amount to the sum of one 
hundred and ninety five pounds, /or the support and edu- 
cation of the said children, for reasons in their petition set 
forth. 

ResolveiJ,, That the prayer of the petition be granted, 
and that the said Gideon Frost and Aaron Hill be, and 
they are hereby authorized and impowered, to sell so 
nnich of the said deceased's estate, where it will be least 
prejudicial to the whole, for the most it will fetch, as 
shall amount to the above said sum of one hundred and 
ninety-five pounds, and make and execute a good and 
lawful deed or deeds of the same to the purchaser or 
])urchasers thereof, observing the rules and directions of 
the law for the sale of real estates by executors and admin- 
istrators, first giving security to the Judge of Probate for 
the said county of Middlesex, for the expenditure thereof. 

March 18, 1783. 



458 1782. — January Session. 

Cliapter 174. 

Chav 174 i^EsuLVE impowering mart stow, to make sale of the 

^ ' REAL ESTATE MENTIONED IN HER PETITION. 

On the jjetition of Mary Stow, administratrix to the 
estate of Jonathan Stow, late of Charlton, in the county 
of Worcester, deceased^ praying that she may be impow- 
ered to make sale of the real estate of her late husband, 
Jonathan StoAV, consisting of a divelling house, and about 
eighty acres of land, lying in the said Charlton, /or ?'e«6*ow.s 
mentioned in her said jjetition. 

Resolved, That the said Mary 8toio be, and she hereby 
is fully empowered, to make sale of the aforesaid real 
estate, for the most it will fetch, and to give a good and 
lawful deed or deeds to the purchaser or purchasers 
thereof, she observing the rules and directions of the 
law for the sale of real estates by executo];s and adminis- 
trators, first giving bond, with sureties, to the Judge of 
Proljate for the said county of Worcester , to apply the 
I)roceeds of the said sale as the law, for the distribution 
of the real estates of intestates, directs. 

March 18, 1783. 

Chapter 175. 

Clutl) 175 l^l^^OLVE DIRECTING THE COMMITTEE FOR THE SALE OF 

^ ' ABSENTEES ESTATES WITHIN THIS COMMONWEALTH, TO 

LEASE SAID ESTATES FOR ONE YEAR, AND SO ON TILL 

FURTHER ORDER, AND VESTING THEM WITH CERTAIN 

POWERS. 

Resolved, That the committee appointed to make sale 
of the estates of conspirators and absentees, in and for the 
counties within this Commonwealth, be, and they herel)y 
are empowered and directed, forthwith to examine into 
the circumstances of the said estates, and where it shall 
appear to them to be for the public advantage, to proceed 
to lease any of the said estates, either at public or private 
sale, for one year, from the first day of Ajjril next, and 
so on from year to year, until the further order of the Gen- 
eral Court, or until such estates shall be otherwise disposed 
of agreeable to law, previously advertising the same in one 
of the Boston, Worcester or Springfield newspapers, or 
in such other way as may appear to them equally l^ene- 
ficiul. 



1782. — January Session. 459 

And it is further Resolved, That the said committees 
respectively, or the major part of them, be, and they here- 
by are vested with all and singular the powers respecting 
the said estates, as agents appointed by the Judges of Pro- 
bate for the several counties are by law vested, any act or 
resolve of the General Court notwithstanding. 

March 18, 1783. 

Chapter 176. 

RESOLVE EXTENDING A RESOLVE PASSED 2d NOVEMBER, 178*2, Chap.176 
RESPECTING RECEIPTS UPON COLLECTORS AND CONSTABLES ■^' 

BEING RETURNED. INTO THE TREASURER, TO THE FIRST 
WEDNESDAY OF JUXE NEXT. • 

W/iereas hy a resolve of the General Court, passed the 
2d o/" November, 11^2, pei^sons x)Ossessed of receipts upon 
collectors and constables, imre empoivered to return the same 
into the Treasurer's office, within forty days from the first 
day of December, then next following, and many persons 
are precluded from obtaining their just dues, by application 
either to the collectors or constables, or the Treasurer, in 
cases of collectors or constables refusing payment of the 
same, by reason whereof it is become necessary that a fur- 
ther time be allowed for the returning such receipts into the 
Treasurer's office : 

It is therefore Resolved, That the time limited in the 
aforesaid resolve to forty days, be, and hereby is extended 
to the first Wednesday of June next ; and in the mean time 
the said resolve shall have the same force and validity in 
all respects, until the said first Wednesday of June next, 
as it had during the term of the said forty days. 

Ordered, That the Secretary be, and he hereby is 
directed, to publish the foregoing resolve in Willis's, the 
Worcester, and Springfield newspapers. 

March 18, 1783. 

Chapter 177. 

RESOLVE EMPOWERING CALEB AMMIDOWN, AND OTHERS, (JJ^d^jj yj^ 
SELECTMEN OF CHARLTON, TO REMOVE THE WIDOW MAN- -^ ' 

NING, AND CHILDREN, TO THE TOWN OF DUDLEY. 

On the petition q/" Caleb Ammidown, and others, select- 
men of Charlton, praying that they may have liberty to 
remove the uyidoio Manning and her children, out of the 
said town, for reasons set forth in the said petition : 



460 1782. — January Session. 

Therefore Resolved, That the prayer of the said petition 
be granted, and the selectmen of the said Charlton be, and 
they are hereb\' empowered, to remove the said widow 
Manning and children to the town of Dudley, and deliver 
them to the selectmen of the said Dudley; and the select- 
men of the said Dudley are hereby ordered and directed 
to receive the said ^\\diOw Manning and children, and pro- 
vide for them agreeable to the orders and resolves of the 
General Court, making provision for the poor of Charles- 
town. March 18, 1783. 

Chapter 177 a.* 

Cll 177a I'^-ESOLVE ON THE REPRESENTATION OF JOHN ADAMS, AUTHOR- 
IZING EZRA SHADDUCK, LATE COLLECTOR OF TAXES IN THE 
TOWN OF BERNARDSTON, TO COLLECT ALL SUCH TAXES 
NOW DUE FROM THE CLASS MENTIONED. 

On the representation of John Adams, setting forth, that 
Ezra Shadduck, late collector of taxes for the toivn of Ber- 
njirdston, in the county of Hampshire, hath in his hands 
a list of assessment of a tax laid on sundry pei^sons , classed 
for procuring a man for the army, on the resolve of the 
General Court o/" December 2d, 1780, ivhich j^ersons were 
at the time of their being classed inhabitants of the said 
Bernardston, but are noiv by an act of the- General Court 
annexed unto the town q/*Colerain, ivhich tax is yet due: 

Besolved, That Ezra Shadduclx late collector of taxes 
for the towm of Bernardston be, and hereby is invested, 
with legal authority to collect all such taxes which he hath 
in his hands now due from the class aforesaid, in the same 
way and manner in which he might have collected the same 
had they not been annexed to Colerain. 

March 18, 1783. 

Chapter 178. 

Chap 178 I'-J^S^JI^VE ON THE REPRESENTATION OF THE HON. DAVID SEIV- 
^ ' ELL, ESQ; DIRECTING JOSEPH CHADBOURNE NOT TO SELL 

THE SAID LAND, AND DIRECTING THE TREASURER TO STAY 
HIS EXECUTION, AND TO MAKE ALLOWANCE TO THE COL- 
LECTOR, AND APPOINTING A COMMITTEE TO EXAMINE THE 
STATE OF THE UNIMPROVED LANDS. 

On the representation of the Hon. David Sewell, Esq; 
that certain unimproved lands called Lady Pcpperell's in 
the plantation q/' Little Falls, in York county, assessed four- 

*_Not numbered in Session Pamphlet. 



1782. — January Session. 461 

teen pounds nineteen shillings and seven pence, and adver- 
ti::edfor sale in order to jxfy the same, are in his opinion, 
the j)roj)erti/ of Sir William Pepperell, an absentee, and 
may accrue to this OommonicealtJi by a confiscation of the 
said absentee's estate. v 

Resolved, That Joseph Chadbourne, collector of taxes for 
the i)lantation of Little Falls l)e, and he hereby is j)rohil)ited 
sellino- the said land, and the Treasurer of this Common- 
wealth is hereby directed to stay his execution against the 
said collector for the said tax oi fourteen pounds nineteen 
shillinr/s and seven pence, until the further order of the 
General Court ; and the said Treasurer is further directed 
to allow the said collector fifteen shillings for cost of adver- 
tizing the said land. 

And it is further Resolved, That the Hon. Benjamin 
Chadbourne, David Seioell and JVathaniel TFe?/s, Esq'rs. be, 
and they hereby are instituted a committee to examine and 
ascertain the state of the property of the unimproved lands 
above mentioned, and also of any other unimproved lands 
in the said county of York in a like predicament, and the 
said committee are authorized and empowered in the cases 
that may appear to them necessary, to treat Avith Lady 
Mary Pepj)erell and her daughter, on the subject of their 
right or interest in any of the said lands, and to propose 
terms of agreement and composition in their relinquish- 
ment of the said rights and interest to be reported to the 
General Court for their approbation. March I'J, 17S3. 

Chapter 179. 

RESOLVE DIRECTING THE TREASURER TO RECEIVE A BOND (JJ^nj) IJO 
EXECUTED 3u FEBRUARY LAST, BY SAMUEL ELY, AND ^ * 

OTHERS. 

Whereas by a resolve of the General Court, passed the 
11 th day q/" March instant; it is provided, that the Gov- 
ernor be requested to order Samuel Ely to be released from 
his confinement, on his givim/ a certain bond, mentioned 
in the said resolve: And ivhereas the said Samuel had 
executed, ivith sufficient sureties, a bond of the same tenor, 
ivhich bond is ready to be delivered to the Treasurer of the 
Commomcealth, but bears date before the passing of the 
said resolve- 
Resolved, That the bond executed by the said /Samuel, 
together with Thomas Sheldon and Abner Ely, as sureties, 



462 1782. — January Session. 

bearing date the third day of February last, being deliv- 
ered to the Treasurer, shall be received instead of the bond 
mentioned in the said resolve, of the 17th (yl March instant, 
any thing in the same resolve to the contrary notwith- 
standing. March 18^ 1783. 

Chapter 180. 

Chan 180 resolve appropriating the proceeds of the sale of 
^ ' the ship tartar, to pay the members of the gen- 

eral COURT. 

Resolved, That so much of the money in the treasury, 
proceeding from the sale of the ship Tartar, as may l)e 
sufficient to pay the members of the General Court for 
their travel and attendance, according to the rolls of the 
present session, be, and hereby is appropriated for that 
})urpose, and that the Treasurer be, and hereby is directed, 
to govern himself accordingly. March 18, 1783. 

Chapter 181. 

Chat) 181 i'^ESOLVE GRANTING TO THE HON. SAMUEL HOLTON, ESQ; 
^' NINETY POUNDS, FOR HIS SERVICES AT CONGRESS, IN 

ADDITION TO WHAT HE HAS RECEIVED. 

On the subject of the Hon. Samuel Holton's letter to this 
Co2crt, setting forth, that the grants rnade to him for his 
services as delegate in Congress, luhicJt ivere in paper cur- 
rency, appear, on calculation, to be far short of the grants 
made by this Court to other Delegates in like circumstances : 

Resolved, That the sum oi ninety p>ounds, in specie, be, 
and hereby is granted to the said iSamuel Holton, Esq ; in 
full for his said services at Congress, in addition to what 
he has already received, to be paid out of the treasury of 
this Commonwealth. March 19, 1783. 

Chapter 183. 

Chan \S^ resolve empowering hannah holm an, of salem, to 
^ * *^ make sale of the real estate mentioned in her 
petition. 

On the 2^€lilion of Hannah Holman, of Salem, in the 
county of Essex, administratrix on the estate of her hus- 
band, Nathaniel Holman, late of said Salem, deceased, and 
guardian to three of the children of said deceased, minors, 



1782. — January Session. 463 

jwai/infj for liherly to sell the real estate of said deceased, 
for reasons set forth in her 'petition : 

Ilesoh-ed, That the prayer of the petition be granted, 
and that she the said Hannah Holman be, and she is hcre- 
))y authorised and empowered, to make sale of all the real 
estate of the said deceased, for the most the same will 
fetch, and make and execute a good and lawful deed or 
deeds to the purchaser or purchasers thereof, she observ- 
ing the rules and directions of the law for the sale of real 
estates by executors and administrators, first giving suffi- 
cient security to the Judge of Probate for the county of 
Essex, that the interest of one third be reserved to her- 
self, and that after paying the just debts of the said de- 
ceased, the remainder of two thirds, to be put on interest, 
for the benefit of the heirs, to be paid to each of them, 
l)oth principal and interest, in their respective share, sev- 
erally, as they shall arrive to full age ; and also the other 
third, after the decease of the said widow, to be paid to 
the legal heirs, in like proportion. March 19, 1783. 

Chapter 183. 

IIESOLVE DIRECTING THE SECRETARY TO PUBLISH A RESOLVE, (Jha)}.\S'^ 
PASSED THE 13th INSTANT, POSTPONING THE SALE OF ^ * 

ABSENTEES ESTATES, AND TO SEND COPIES TO THE COM- 
MITTEES FOR THE COUNTIES OF WORCESTER, HAMPSHIRE 
AND BERKSHIRE. 

Whereas there was a resolve passed the General Court, 
on the \Wi day of March instant, for postponing the sale 
of confiscated estates until Octoljer next, and as the Secre- 
tary was not directed to publish the said resolve, it is not 
nicely to ansioer the purposes for which it was intended: 

Tlierefore Resolved, That the Secretary be, and he here- 
by is directed, to publish the aforementioned resolve in 
Willis s paper, and also to forward copies of the same 
immediately to the committees for the sale of confiscated 
estates in the counties of Worcester, Hainpshire, and Berk- 
shire. March 19, 1783. 

Chapter 184. 

RESOLVE ON THE PETITION OF JOHN PICKERING, ESQ; ADMIN- (JJ.ff^^ 1g4 
ISTRATOR ON THE ESTATE OF SAMUEL ORNE, DECEASED, ^ ' 

EMPOWERING HIM TO MAKE SALE OF THE REAL ESTATE 
MENTIONED. 

On the petition of John Pickering, administrator on the 
estate of Samuel Orne, deceased, praying for liberty to 



404 1782. — January Session. 

make sale of lite vjJiole of the said deceased's real estate, for 
reasons set forth in his petition : 

Resolved, That the prayer of the said petition be 
granted, and that he the said John Pickerinrj, in his said 
capacity, be, and he is hereby authorized and empowered, 
to make sale of the whole of the said real estate mentioned 
in his petition, for the most the same will fetch, and make 
and execute a good and lawful deed or deeds of the same 
to the purchaser or purchasers thereof, he observing the 
rules and directions of the law for the sale of real estates 
by executors and administrators, first giving sufficient 
security to the Judge of Probate for the county of Essex, 
that the proceeds from the sale of the said estate shall, as 
far as necessary, be applied for discharging the debts due 
from the estate of the said deceased, and the remainder 
paid to the heirs now in this State, in the same propor- 
tion they would have inherited the said real estate, in case 
it had not l)een sold, and to pay the share of Lois Pain, 
the wife of William Pain, an absentee, to such person or 
persons as the laws, or the orders of the General Court, 
do or may direct. March 20, 1783. 

Chapter 185. 

ChaV 185 I'^ESOLVE IMPOWERING MESHACK PEA^yiMAN AND RUTH PEN- 
^ ' NIMAN, TO MAKE SALE OF THE LAND MENTIONED. 

On the petition q/"Meshack Penniman and Ruth Penni- 
man Jtis icife late loidoiv o/" Lemuel Dwelle, late of Brain- 
tree, deceased, and guardian to Lemuel and John Dwelle, 
minors, praying for liberty to sell the estate of the said 
minors for reasons set forth in their petition : 

Resolved, That the prayer of their petition be granted, 
and that the said Meshach Penniman and Ruth his wife, 
in her capacity of guardian be, and are hereby fully au- 
thorized and impowered, to make sale of the estate in their 
petition mentioned, for the most the same will fetch, and 
make and execute a good and sufficient deed or deeds to 
the purchaser or purchasers, they observing the rules of 
law for the sale of real estates by executors or administra- 
tors, first giving bonds with sufficient sureties to the Judge 
of Probate for the county of Suffolk, that the money aris- 
ing by the said sale be one third part put on interest for 
Ihe l)eneiit of the widow, the other two thirds after paying 
the just debts and cost of sale be put on interest on good 



1782. — January Session. 465 

security for the benefit of the said heirs, and paid to them, 
together with the widow's dower after her decease, as they 
shall respectively arrive at lawful age, in such proportions 
as the law directs. March 20, I7S3. 



Chapter 186. 

RESOLVE ON THE PETITION OF COTTON TUFTS, ESQ; AND r/^^^j -[QQ 
OTHERS, PERMITTING THE SOCIETY OF ARTS AND SCIENCES, ^ ' 

TO MAKE USE OF A ROOM IN THE MANUFACTORY HOUSE 
UNTIL FURTHER ORDERS. 

071 the petition o/ Cotton Tufts, Bsq; and others, in 
behalf of the Acaderny of Arts and Sciences and of the 
Massachusetts Medical Society, praying that the said 
Societies may have the use of a room in the manufac- 
tory house in Boston : 

Resolved, That the Academy of Arts and Sciences, and 
the Massachusetts Medical Society be, and they are hereby 
permitted, to make use of and improve the room in the 
manufactory house in the town of Boston, (which has for 
some time past been occupied for a school by Mr. Vinal, ) 
until the further order of the General Court, the said 
Academy and Society not to take possession of the said 
room until the said Vinal shall remove his school there- 
from. March 20, 1783. 



Chapter 187. 

RESOLVE DIRECTING THE SECRETARY TO CAUSE EIGHT HUN- nj^njy IQT 
DRED COPIES OF THE MILITIA ACT TO BE PRINTED, AND TO ^ "* * 
TRANSMIT THE SAME TO THE FIELD OFFICERS. 

]V7ie7'eas an act has passed the present Session of the 
General Court, intitled, '■^ An act in addition to an act for 
the better regulating the militia of this Commonwealth : " 
And whereas it is necessary that the several ynilitia officers 
of this Commoniveallh should be immediately supplied loith 
a copy of said act: 

Resolved, That the Secretary l)e directed to cause to be 
l)rinted eight hundred copies of said act, and transmit the 
same to the several field officers of this Commonwealth, 
one of which copies to be by them delivered to the com- 
manding officer of each company under their command. 

March 21, 1783. 



466 1782. — January Session. 

Chapter 188. 

CllCin 188 RESOLVE ON THE PETITION OF JOffA'" PATTEN, JUN. AND 
^ ' SARAH PATTEX. 

On the petition of John V^tten, jun. and Sarah Patten, 
hia loife, formerly vndon) of Aaron Hosley, late of Pep- 
perell in the count?/ of Middlesex, deceased, and Joshua 
Hosley, guardian to the children of said Aavon, pixiying 
for liberty to sell the real estate of said Aaron Hosley 
deceased, for reasons set forth in their petition : 

Resolved, That the prayer of the petitioners be granted, 
and that he the said Joshua Hosley, guardian to the said 
minors, be authorized, and he hereby is impowered to sell 
the real estate of the said Aa7'on Hosley, deceased, for 
the most the same will fetch, and make and execute a 
good and lawful deed or deeds to the purchaser or pur- 
chasers thereof, he observing the rules of the law for the 
sale of real estates by executors and administrators, he 
first ijivino; sufficient security to the Judo-e of Probate for 
the said county of Middlesex, that the interest of one third 
part of the proceeds arising by the sale, be paid to the 
said /Sarah, the late widow of the said Hosley, deceased, 
(now the wife of the said John Patten) and the proceeds 
of the other two thirds, together Avith the interest, except 
what shall be necessary for the support of the said minors, 
to be paid to them in legal proportion when they shall 
arrive to lawful age, and also the principal of the other 
third at the decease of the said Sarah. 

March 22, 17S3. 



Chapter 188 a.* 

Ch 18Sa resolve ON THE PETITION OF GILBERT DENCH. 

On the petition of Gilbert Dench : 

Resolved, That there be paid out of the treasury of 
this Commonwealth, the sum of three hundred pounds, in 
receipts on such constables and collectors in the counties 
of Hampshire and Berkshire, as are deficient in the pay- 
ment of the tax granted in October, 1781, the said Gilbert 
Dench giving his bond to the Treasurer, with one sufficient 
surety, to repay the said three itundred pounds on or 
before the last day of June next. March 22, 1783. 

* Not numbered in Sesf'ion Pamphlet. 



1782. — Jais^uary 'Session. 467 

Chapter 189. 

RESOLVE ENTITLING DAVID CUTLER TO HALF-PAY AS A Qhan.lSQ 

SOLDIER. ' 

U2)on (he representation of Jolin Lucas, commissary of 
jyensioners, in beJialf of David Cutler, in Col. Shepard's 
re(iiment, in Capt. Moses Knap's company, in the service 
of the United IStates, v:ho lost his hand, and is noiv dis- 
charged : 

Resolved, That the said David Cutler be intitled to one 
halt' part of pay, from the time of his discharge from the 
above said service, till the farther order of this Court, or 
Congress. March 21, 17 S3. 



Chapter 190. 

RESOLVE ON THE PETITION OF THE TOWN OF RUTLAND, TO 
NOTIFY JABEZ FAIRBANKS TO SHEW CAUSE, &c. 

On the petition of the toivn of Rutland, ^?'«?/mr/ that a 
resolve of the General Court, passed October 20, 1782, 
directing the toivn of Rutland aforesaid, to pay to Jabcz 
Fairl)anks, head of a class in the town of Sterling, the snm 
o/' ninety pounds, immediately may he repealed: 

Resolved, That the prayer of the said petition be so fiir 
granted, that the town of Rutland be, and hereby are 
directed, to notify the said Jahez Fairbanks, by serving 
him with an attested copy of said petition, and this order 
thereon, seven days at least before the second Wednes- 
day of the next sitting of the General Court, to appear 
and shew cause (if any he has) why the prayer of the 
petition sliould not be granted ; and that any action that 
has been or may be commenced in consequence of the 
aforesaid resolve, be stayed in the mean time. 

March 21, 1783. 



Chap.im 



Chapter 191. 

A GRANT OF SIXTEEN POUNDS SEVENTEEN SHILLINGS AND 
SIX PENCE TO CAPT. THOMAS JACKSON. 

On the petition of Thomas Jackson, a Captain in Col. 
Crane's regiment of artillery , praying that he may he j)aid 
the depreciation of (lie neiv emission money he received in 
lieu of specie, for three months pwy, in the year 1780 : 



Cliai^l^l 



468 1782. — January Session. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to Capt. Thomas Jackson, 
sixteen pounds seventeen shillings and sixperice, being the 
])alance due to him for the depreciation of bills of the 
new emission, he received for three months pay, for the 
year 1780. 3Iarch 21, 17S3. 



Cliapter 193. 

ChWD 192 I^^SOLVE ON THE PETITION OF GEORGE LITTLE, MAKING AN 
■^ ' ' APPROPIIIATION OF THE PRIZE MONEY IN HIS HANDS, AND 

ESTABLISHING THE PAY OF HIS OFFICERS AND MEN. 

On the petition of George Little, commander of the 
State sloop) of war called the Winthrop, praying that the 
prize money in his hands, belonging to this Oonwion- 
wealth, may be appropriated for the payment of the wages 
due to the oficers and 7nen belonging to the sloopi aforesaid; 
also that the wages of the officers and men may be raised to 
the same pay as the officers and men are in the Continental 
navy : 

Ilesolved, That the prayer of the petition be granted, 
and that the prize money in Capt. Little's hands, be paid 
into the public treasury, the said Capt. George Little 
taking duplicate receipts therefor, one of which to be 
lodged in the Secretary's office, and that the Treasurer 
be, and he hereby is directed, to pay the wages due to 
the crew of the sloop Winthrop, out of the same. 

It is further Resolved, That from and after this date, 
the officers and men belonging to the sloop aforesaid, l)e 
put on the same establishment as the officers and men are 
in the Continental navy, in vessels carrying the like 
number of guns. March 22, 1783. 



Chapter 193. 

Chan 193 i^ksolve requesting the governor to order sixteen 

^ ' men, doing duty at SPRINGFIELD, TO BOSTON, AND TO 

DISCHARGE THE COMMANDING OFFICER THERE. 

WJiereas it appears, by a letter from Major General 
Lincoln, laid before this Court by order of the Governor, 
tliat sixteen of the men who inlisted into the Continental 
Army, received the bounty, but not being then of full 
stature, were rejected, as unfit for the said service, and 



1782. — Jantjap.y Session. 469 

ordered W he detained as a guard at Springfield, and that 
they are now no longer wanted there: 

Resolved, That the Governor be, and he hereby is 
requested, to give orders, that the said sixteen inlisted 
soldiers be supplied with ten days rations each, and 
marched to Boston, to do duty on Castle Island, as a 
part of th« troops ordered to be stationed at that post 
until the time of their rcs})cctive inlistments shall expire ; 
and that Ca})t. Carpenter, who noAV has the command of 
the said men, be thereupon discharged. 

March 3, 1783. 

Chapter 194. 

RESOLVE DISCHARGING THE TOWN OF CHARLTON OF A SUM njiQY) |94 
IN THE BILLS OF THE OLD EMISSION, AND DIRECTING THE "* 

TREASURER TO CHARGE THE AMOUNT THEREOF IN SPECIE. 

Whereas the tmcn of Charlton ivas assessed in a. taic act 
made and jiassed in the first Session of the General Court 
in the year 1779, tJie sum of eleyen thousand eight hundred 
and nine pounds eleven shillings and four pence, in bills 
of the old emission, ofivhich no return hath yet been made, 
and the said sum being reduced to the value thereof in 
specie amounts to three hundred and thirty-four pounds 
thirteen shillings. 

Resolved, That the said town of Charlton be discharged 
the said sum of eleven thousand eight hundred and nine 
2)0iinds eleven shillings and four pence, bills of the old 
emission, and charged with the amount thereof in specie, 
being three hundred thirty four pounds thirteen shillings, 
and the Treasurer is hereby directed to govern himself 
accordingly. March 24, 1783. 

Chapter 195. 

RESOLVE GRANTING A TAX OF THREE HUNDRED POUNDS, FOR flj.fy^^ 1 Qft 
DEFRAYING THE CHARGES OF THE COUNTY OF BRISTOL. ^'UiP'i-^^O 

Resolve granting a tax of three hundred pounds for 
defraying the charges of the county of Bristol, to be 
assessed on the inhabitants of said county. 

Whereas it appears from an estimate of the Justices of 
the Court of the General Sessions of the Peace for the county 
of Bristol, that tlte sum of three hundred pounds trill be 
necessary for defraying the charges of the said county for 
one year next ensuing. 



470 1782. — Jan^uary Session. 

Therefore Resolved, That there be and is here])y granted, 
a tax of tJiree hundred pounds, to be apportioned and 
assessed on the inhabitants of the said county aud estates 
lying within tlie same, and collected, paid and applied for 
the use of the said county, according to the laws of this 
Commonwealth. ^ March 24, 1783. 



0%9.196 



Cha])ter 196. 

RESOLVE ON THE PETITION OF PHILIP CARRIER. 

071 the petition of Philip Cavv\q.y, i^raying that lie may 
he alloived the same dejjr'eciation of his vxujes as was 
granted to other soldiers in the Continental Army. 

Resolved, That the prayer of the petition be granted, 
and that the said PhAUj) Carrier receive depreciation 
notes and wages as was allowed those soldiers who con- 
tiiuied three years in the Continental Army. 

March 24, 1783. 

Chapter 197. 

ChaU.X'^l RESOLVE ENTITLING THE WIDOW OF JONATHAN COGSWELL, 
^ ' ' TO ONE THIRD PAY FROM THE TIME HE WAS WOUNDED, 

TILL THE TIME OF HIS DEATH. 

On the representation of John Lucas, Cotnmissary of 
Pensioners, in behalf o/" Jonathan Cogswell, a sail maker, 
on board the Continental ship of war Alfred, ivho was 
wounded in the service of tlie United States, by which he 
lost his right eye, and otherioags much hurt, inhen engaged 
icith two British Frigates, the Ariadne and Ceres, in 
March, 1777. 

Resolved, That the widow of the said Jonathan Cogs- 
well be intitled to one third part of pay from the time he 
was wounded till the time of his death, which was the 
20th of 3Iarch, 1782, in Halifax prison. 

March 24, 1783. 

Chapter 198. 

RESOLVE ALLOWING EXTRA PAY TO THE HON. PRESIDENT OF 
THE SENATE, AND SPEAKER OF THE HOUSE OF REPRE- 
SENTATIVES, AND GRANTING SIXTY POUNDS TO THE 
CLERKS OF THE SENATE AND HOUSE, EACH. 

Resolved, That there be allowed and paid out of the 
public treasury of this Conunonwealth, to the Hon, 



Chap.198 



1782. — Jaxuaky Sessio:n^. 471 

Samuel Adams, Esq ; President of the Hon. Senate, 
the sum of six shillings per day ; and also to the Hon. 
Tristram Dalton, Esq ; Speaker of the House of Kepre- 
sentatives, the sum of six shillings per day, for each day 
of their attendance on the General Court the present 
session, over and al)ove their respective pa}'^ as members 
of the General Court. 

And it is further Resolved, That there be allowed and 
paid out of the j^ublic treasury of this Commonwealth, 
to the Kev. Mr. Josejih Eddey, as Chaplain to the Gen- 
eral Court, from the 28th day of May, to the end of the 
l)resont General Court, the sum of twelve pounds, in full 
for liis service. 

It is further Resolved, That there be allowed and paid 
out of the public treasury of this Commonwealth, to 
jNIr. William Baker, jun.. Clerk of the Hon. Senate, the 
s\\n\ oi sixty jjounds; and aXso sixty pounds to ^iv . George 
Richards Minot, Clerk of the House of Representatives, 
which, with the sums already granted, shall be in full for 
their services as Clerks to the General Court, from the 
28th day of May, 1782, to the end of the present General 
Court. March 23, 1783. 

Chapter 199. 

RESOLVE EMPOWERING JORN HAVEX TO MAKE SALE OF THE nUf.j^ I OQ 
REAL ESTATE MENTIONED IN HIS PETITION. KjHap.LOJ 

On the 'petition of John Haven, administrator on the 
estate of Prince Fredrick, late of Athol, deceased, and 
Anna Fredrick, widow of the said deceased, praying for 
liberty to make sale of all the real estate of said Prince, /or 
reasons set forth in their petition : 

Resolved, That the prayer of the said petition be 
granted, and that he the said John Haven he, and he 
is hereby, in his said capacity, authorized and impow- 
cred, to make sale of all the real estate of the said 
deceased, mentioned in his petition, for the most the 
same will fetch, and make and execute a good and lawful 
deed or deeds of the same to the purchaser or purchasers 
thereof, he observing the rules and directions of the law 
for the sale of real estates by executors and adminis- 
trators, he first giving sufficient security to the Judge 
of Probate for the county of Worcester, that the interest 
of one third of the proceeds from the sale of the said 
estate, be paid annually to said widow, and so much as 



472 1782. — January Session. 

is necessary of the other two thirds, be applied to discharge 
the debts due from the estate of the said deceased, and 
the remainder to be put on interest, for the benetit of the 
legal heir, and paid to the said heir at lawful age. 

March 25, 1783. 

Chapter 200. 

Chav 200 RESOLVE relating to delinquent classes in this COM- 

^ * MON wealth, by resolves OF THE GENERAL COURT FOR 

RAISING THE STATE'S QUOTA OF THE CONTINENTAL ARMY, 
FOR THREE YEARS OR DURING THE WAR. 

WJiereas by the resolves of the General Court, for rais- 
ing this iState\s quota of the Continental Army, for three 
years or during the war, no provision is made to reiinhurse 
any member or members of a delinquent class, who have at 
their own expence procured a man for such class, after a 
wairant issued from the Treasurer of the Commonwealth, 
requiring the assessors to assess such class twenty per cent. 
more than the average cost of such men, and before execu- 
tion from the said Treasurer upon such assessment, tvas 
satisfied: Therefore, 

Resolved, When awy member or members of such 
delinquent class, shall produce to the said Treasurer 
proper evidence that he or they have procured and deliv- 
ered a man for such class,, after the assessoi's receipt of 
his warrant as aforesaid, and before execution as above- 
mentioned was satisfied, that the said Treasurer shall 
issue his execution, returnable in sixty days, against the 
constal)le or collector who had a warrant to collect the 
assessment of the average cost of the man, and tiventy 
per cent, added thereto, for the whole amount of such 
assessment, after deducting the proportion of such mem- 
ber or members as procured the man as aforesaid, and 
the said Treasurer, upon receipt of the same, shall pay it 
to the person or persons who procured such men. 

March 25, 1783. 



Chap.20l 



Chapter 301. 

RESOLVE EMPOWERING PETER BOTLSTON ADAMS, SAMUEL 
BASS, AND OTHERS, TO SELL THE ESTATE MENTIONED IN 
THEIR PETITION. 

On the petition q/* Peter Boylston Adams, Samuel Bass, 
John Billings and Samuel Cheney, guardians to Jonathan 



1782. — January Session. 473 

Rtiwson, Susiiniuili Rawson, Mary Rawson, Stephen and 
Hannah Rawson, all 0/ Braintree, in the county q/'Suliblk, 
l)vaying for lihertij to make sale of the real estate belonging 
to said minors (in the toion of Roxhnry) for reasons in 
th eir petition set forth . 

Resolved, That the prayer of tlie petition be granted, 
and that the said Peter Boylston Adavis, Samuel Bass, 
John Billinr/s and Samuel Cheney, in their said capacity 
he, and they are hereby authorized and impowered, to sell 
the said estate mentioned in their petition, for the most 
the same will fetch, and make and execute a good and 
lawful deed or deeds to the purchaser or purchasers 
thereof, they observing the rules and directions of the 
law for the sale of real estates by executors and adminis- 
trators, first giving sufficient security to the Judge of 
Probate for the said county of Sufolk, that the proceeds 
by the sale of the said estate, be put on interest for the 
benefit of the heirs, and that both principal and interest 
be paid to each heir respectively, their legal proportion, 
as they shall arrive at full age. March 25, 1783. 



Chapter 202. 

RESOLVE ON THE REPRESENTATION OF A PLANTATION CALLED 
PEARSONTOWN, IN THE COUNTY OF CUMBERLAND, DIRECT- 
ING SIMON FRTE, ESQ; TO NOTIFY THE INHABITANTS TO 
SHEW CAUSE, &c. 

Whereas it has been represented to this Court, that the 
plantation called Pearsontown in the county of Cumber- 
land, is every way sufficiently qualified to be incorporated 
into a toivn, but neglect to apply for incorporation, only to 
avoid paying taxes. 

Therefore Resolved, That the inhabitants of the said 
plantation be notified to appear on the first Wednesday 
o^ June next, to shew cause, if any they have, why they 
should not be incorporated, and that Simon Frye, Esq ; 
be directed to notify the said inhai^itants, by leaving an 
attested copy of this resolve, with one of the principal 
inhabitants of the said plantation. March 26, 1783. 

Chapter 303. 

RESOLVE ON THE PETITION OF WALTER McFARLAND, TO 
NOTIFY SOLOMON WALKER TO SHEW CAUSE. 

On the petition of Walter McFarland, a Captain in a 
regiment detached by Col. Abner Perry, as a reinforce- 



Chap,202 



C7iap.203 



474 1782. — January Session. 

meni to the Continental Army, by a resolve of the %)th oj 
June, 1780, praying that he may he empoivered to dravj 
the vmr/es of Solomon Walker, a soldier in his company, 
for reasons 7nentioned in the said petition : 

Ordered, That the petitioner notify the said Solomon 
Walker, by serving him with an attested copy of the 
petition, and this order thereon, at least fourteen days 
before the second Wednesday of the next sitting of the 
General Court, to shew cause (if any he hath) on the said 
second Wednesday, why the prayer thereof should not be 
granted. March 26, 1783. 

Chapter 204. 

Chap.2i)4: l^ESOLVE RESPECTING THE COMMON FIELD IN WEST SPRING- 
-'- ' FIELD, EMPOWERING THE PROPRIETORS IN ANY LEGAL 

MEETING, TO EXCLUDE THE GORE MENTIONED. 

Whereas the proprietors of the common field lying in West 
Springfield, may he put to great inconvenience in inclosing the 
said field witJiin the hounds and lines mentioned in the act of 
incorporation passed the twenty-seventh day of June last 
past, occasioned hy the late destruction of the bridge across 
Agawam River, and the alteration of the road thereby. 

And whereas in order to iw event the pidAic road or high 
way from running across the said field, it will hereafter be 
necessary to leave out of the limits of the said field, a certain 
gore or angle of land lying near the place where the said 
bridge lately stood, until the same bridge shall be rebuilt 
and maintained. 

Resolved, That the proprietors of the said field be, and 
they hereby are authorized and empowered by vote of the 
said proprietors in any legal meeting, to leave out and ex- 
clude either said gore or angle of land out of the limits of 
the said common field, and also hereafter to include the same 
in like manner within the said field whenever the said 
1)ridije shall be re])uilt, and for so longf time as the said 
bridge shall be maintained as shall hereafter be necessary, 
any thing in the said act to the contrary notwithstanding. 

March 26, 1783. 

Chapter 204 a.* 

Ch 204 a l^ESOLVE DIRECTING THE SECRETARY NOT TO PUBLISH THE 
BILL TO PREVENT INTERCOURSE WITH THE ENEMY. 

Resolved, That the Secretary be, and he hereby is, 
directed not to publish the Bill intitled " An Act limiting 

* Not printed iu Session Pamphlet. 



1782. — January Session. 475 

the continuiiiicc of certain Acts and Resolves for prevent- 
inu^ intercourse with the enemy," after the same may 
pass into an act, nor this resolve, untill peace shall be 
actually declared by the Congress of the United States 
of America. March 25, 1783. 



Cliapter 305. 

RESOLVE DIRECTING THE TREASURER TO RECEIVE OF GIL- 
BERT BENCH, ESQ; AND OTHERS, SEVENTEEN HUNDRE 
AND FORTY-FIVE DOLLARS OF THE NEW EMISSION OF 
MONEY, THEY TAKING OATH THEREON. 

On the memorial of Gilbert Dench, Lemuel Kollock, 
cmd Timoth}^ Roi)inson, committee for tranf<.portinfj cannon, 
mortarti, powder, d'C.from Boston to JVorth River, in June, 
n SI, pray inr/ for an order to the Treasurer to receive of 
the said committee or either of them, seventeen hundred 
and forty-five dollars of the new emission money of other 
States, which they received out of the treasury. 

Resolved, That the Treasurer of this Commonwealth 
be, and he hereby is directed, to receive of Gilbert Dench, 
Lemuel Kolloch and Timothy Robinson, or either of them 
in whose hands the money is, seventeen hundred and forty- 
five dollars, of the new emission money of other States, 
they or either of them first making oath that the money 
so oftered, is the money he or they received from the 
treasury of this Commonwealth for the purpose aforesaid, 
and that they have never availed themselves of any advan- 
tage from the said money, foi- which they are directed to 
take duplicate receipts, and lodge one of them in the 
Secretary's ofiice. March 25, 1783. 



^- Chap.205 

•jD ^ 



Chapter 306. 

RESOLVE EMPOWERING MOSES BULLARD, OF NEEDIIAM, TO 
MAKE SALE OF THE REAL ESTATE MENTIONED. 

On the petition q/" Moses Bullard, q/'Needham, r/uardian 
to Daniel Saunders, a minor, son of jNIichael Saunders, 
late of Sturbridge, in the county of Worcester, yeoman, 
deceased, praying that he may he empowered to make sale 
of the said deceased's real estate, for I'easons mentioned in 
his said petition : 

Resolved, That the prayer of the petition be granted, 
and that the said Moses Bullard, in his said capacity, be, 



Chap>.20^ 



476 1782. — January Session. 

and he liereby is authorized and empowered, to make sale 
of the aforesaid real estate, and to make and execute a 
good and lawful deed or deeds of the same to the pur- 
chaser or purchasers thereof, he observing the rules and 
directions of the law for the sale of real estates by execu- 
tors and administrators, he first giving bond to the Judge 
of Probate for the county of Worcester, with sufficient 
sureties, to pay the interest of one third part of the 
money coming by the said sale, annually, to the widow 
of the said deceased, during her natural life, and at her 
decease, to pay the same to the heirs at law of said 
deceased, in such shares as they by law are intitled to, 
and the other two thirds, after deducting reasonable 
charges, to be paid to the heirs at law of the said 
deceased, in such shares as they by law are intitled to. 

March 26, 1783. 



Cliai>.'m 



Chapter 207. 

RESOLVE ON THE PETITION OF CAPT. ADAMS BAILEY. 

On tlie petition of Adams Bailey, Qcvptain of the 2^ 
regiment of Massachusetts line: 

Resolved, That his Excellency the Governor, with 
advice of Council, be requested to issue his warrant, 
directing the Treasurer of this Commonwealth to pay 
to Capt. Adams Bailey, the amount of a receipt obtained 
by him from the late Treasurer, Henry Gardner, in favour 
o^ Prince Stetson, for thirteen hundred tliirty-nine jponnds 
sixteen shillings and eight pence, bearing date April 21, 
1781, which sum he did not nor could receive of the 
said jSfetso7i. Said sum to be consolidated according 
to the scale of depreciation, and interest thereon, from 
~ the date of the said receipt. March 26, 1783. 

Chapter 208. 
Chan 208 i^i^solve on the petition of mart granger, empowering 

^ ' HER TO MAKE SALE OF THE LAND MENTIONED. 

On the jjetition of INIary Granger, administratrix on the 
estate of her husband, Aaron Granger, late of Westiield, 
deceased, praying to he empowered to make and execute a 
deed of a tract of land, containing about ti^enty -three acres, 
in order to discharge and take up an obligatory bond, ivhich 



1782. — January Session. 477 

the fiaid dpcen^ed, in his life time, gave to Elijah Rohbins, 
irJieirin lieJ)Oun.d himself, his heirs, executors, and admin- 
isfra/ors, i)i. the 2)enal sum of fifty pounds, to make and 
execute a deed of the aforementioned land to said Kob!)ins, 
for reasons set forth in her petition : 

Resolved, That the prayer thereof be granted, and that 
slie, the said Mary Gram/er, in her capacity, be, and she 
is hereby authorized and empowered, to make and execute, 
to said Elijah Robbins, a good and hiwful deed of that 
tract of land, which the said Aaron obliged himself, his 
heirs, &.Q. to do. And in case it is not made to appear 
to the Judge of Probate for the county of IlaAnpshire, 
that a reasonable consideration has been received