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



CLERK OP SENATE 



UflIVER svr£ 



yiTo*l^ ct * 



ACTS AND RESOLVES 



MASSACHUSETTS. 



1784-85. 



[Published by the Secretary of the Commonwealth, under authority or Chapter 

104, Resolves of 1889.] 



ACTS 



AND 



LAWS 



OF THE 



COMMONWEALTH 



OF 



MASSACHUSETTS. 



BOSTON : 

Printed by Adams & Ncurse, 

Printers to the HONORABLE COURT. 

M,DCC,LXXXIV. 



Reprinted by Wright & Potter Printing Company, State Printers. 



ACTS AND LAWS, 

PASSED BY THE GENERAL COURT OF MASSACHUSETTS: 
BEGUN AND HELD AT BOSTON, IN THE COUNTY OF 
SUFFOLK, ON WEDNESDAY THE TWENTY-SIXTH DAY 
OF MAY, ANNO DOMINI, 1784. 



1784. — Chapter 1. 

[May Session, ch. 1.] 

AN ACT FOR THE APPOINTING AND EMPOWERING COMMIS- (Jhap. 1 
SIONERS, ON THE PART OF THIS COMMONWEALTH, IN CON- ' " 

JUNCTION WITH SUCH AS ARE OR MAY BE APPOINTED BY 
THE STATE OF NEW YORK, TO ASCERTAIN THE BOUNDARY 
LINE BETWEEN THE COMMONWEALTH AND STATE AFORE- 
SAID, EASTWARD OF HUDSON'S RIVER. 

Whereas in the year one thousand seven hundred and Preamble. 
seventy-three, a boundary line on the eastern extremity of 
the late Province, now State of New York, and extending 
from the southern to the northern boundary of the late 
Province, now Commonwealth of Massachusetts, was 
mutually agreed, upon by Commissioners appointed and 
authorized for the said purpose, by the legislatures of 
the said Provinces respectively: And, whereas if appears 
that the said line has never been ascertained pursuant to 
the said agreement: 

Be it therefore enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That Joseph Hawley, Caleb Strong, commissioners 
Timothy Edwards, and Theodore Sedgwick, Esquires, be, a PP° inted - 
and they hereby are appointed Commissioners on the part 
of this Commonwealth, for the ascertaining the line afore- 
said ; and the said Commissioners, or any three of them, 
are hereby authorized and empowered to meet such Com- 



6 



1784. — Chapter 2. 



Their powers. 



To be commis- 
sioned by the 
Governor. 



Former act 
repealed. 



missioners as are or may be appointed, and vested with 
similar powers for the above purpose by the legislature of 
New York, and in conjunction with them to ascertain, 
run, and mark the said boundary line ; which line, when 
so ascertained, shall forever afterwards be held and con- 
sidered to be the true and just boundary line of jurisdic- 
tion between that part of this Commonwealth and the 
State aforesaid. 

And it is further enacted, by the authority aforesaid, 
That the Commissioners aforesaid on the part of this 
Commonwealth, or any three of them, are authorized 
and empowered to employ a surveyor or surveyors, and 
a sufficient number of chainbearers, to ascertain the said 
line as aforesaid ; and in conjunction with such Commis- 
sioners as are or may be appointed by the legislature of 
New York as aforesaid, to agree upon and confirm the 
titles of individuals to such lands as they may now 
respectively hold, in virtue of any grant or grants made 
by either of the said governments, upon such terms and 
in such manner as they may judge reasonable. 

And it is further enacted, by the authority aforesaid, 
That the Commissioners aforesaid on the part of this 
Commonwealth, shall, prior to their proceeding on the 
business herein assigned them, receive a commission from 
the Governor with the seal of the Commonwealth thereto 
affixed, agreeable to the powers with which they are 
vested in and by this act. 

And be it further enacted by the authority aforesaid, 
That an act passed by the Legislature of this Common- 
wealth, on the eighteenth day of March last, bearing the 
same title with this act, be, and hereby is repealed and 
rendered null and void. June 4, 1784. 



Chap. 2 



Insolvent es- 
tates, how to be 
distributed. 



1784. — Chapter 2. 

[May Session, ch. 2.] 
AN ACT FOR THE DISTRIBUTION OF INSOLVENT ESTATES. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same, That when the estate of any person deceased 
shall be insolvent or insufficient to pay all just debts which 
the deceased owed, the same shall be distributed to and 
among all the creditors, in proportion to the sums to them 



1784. — Chapter 2. 7 

respectively due and owing, saving that debts due for all 
rates and taxes, and debts due to the Commonwealth, and 
for the last sickness and necessary funeral expences of the 
deceased are to be first paid. And the executor or admin- 
istrator appointed to any such insolvent estate before pay- 
ment to any be made (except as aforesaid) shall represent 
the condition and circumstances thereof unto the Judge of 
Probate. And the said Judge shall nominate and appoint K^ppoTnt 
two or more tit persons to be commissioners, with full commiBBioners. 
power to receive and examine all claims of the several 
creditors ; and such commissioners shall cause the times 
and places of their meeting, to attend the creditors for 
receiving and examining their claims, to be made known 
by causing notifications thereof to be posted up in some 
public place, in the shire town of the county where such 
deceased person last dwelt, and of the two next counties, 
or by causing an advertisement thereof to be printed in 
such public newspaper or papers as the Judge of Probate 
shall direct ; and six months and such further time not 
exceeding eighteen months, (as the circumstances of any 
estate may require) shall be allowed by the said judge to 
the creditors for bringing in and proving their claims ; at 
the end of which limited time, such commissioners shall 
make their report, and present upon oath a list of all the 
claims that shall have been laid before them, with the sums 
they shall allow on each claim unto the said Judge ; and 
the Judge shall order them meet recompence out of the 
deceased's estate for their care and labor in examining 
the claims ; and the debts due for all rates and taxes, and 
debts due to the Commonwealth, debts incurred for the last 
sickness of the deceased, and necessary funeral expences 
as afore provided, being first deducted, shall order the 
residue and remainder of the estate both real and per- 
sonal, (the real estate being sold according to law) to be 
paid and distributed to and among the creditors who shall 
have made out their claims with the commissioners as 
aforesaid, in proportion to the sums unto them respectively 
due and owing, saving unto the widow (if any be) her 
right of dower in the housing and lands of the deceased, 
which dower (unless the reversion shall be sold by the 
executor or administrator, and distributed with the other 
estate which the Judge may order if he see fit, upon 
application therefor) at the expiration of her term, shall 
also be distributed among the creditors aforesaid in like 



8 1784. — Chapter 2. 

Proviso. proportion. Provided, That notwithstanding the report 

of any commissioners, any creditor whose claim is wholly 
or in part rejected, may have the same determined at the 
common law, in case he shall give notice thereof in writing 
at the Probate office within twenty days after such report 
shall be made, and bring and prosecute his action as soon 
as may be ; and in case the executor or administrator shall 
be dissatisfied with any creditor's claim allowed by the 
commissioners, and shall give notice thereof at the Probate 
office, and also to the creditor, within twenty days as 
aforesaid, such claim shall by the Judge of Probate be 
struck out of the commissioners report, unless such cred- 
itors shall commence and prosecute at the common law 
his claim as aforesaid as speedily as the same can be done, 
or unless the creditor and the executor or administrator 
shall agree before the Judge to submit the same to refer- 
ence ; in which case the determination of the referees 
shall be final ; and when a claim shall be disputed in the 
course of the common law as aforesaid, execution shall 
not issue as in common cases, but the judgment of the 
Court respecting the same, shall be the amount of the 
claim, and added to or deducted from the commissioners 

No action to be report, as the case may require. And no action brought 

sustained, ex- . . . n . . . . /.. ,. ,° . 

cept for debts against any executor or administrator after the estate 
commo'n wealth, shall be represented insolvent, shall be sustained, except 
for debts due to the Commonwealth, debts due for all 
rates or taxes, for the deceased's last sickness and funeral 
charges, unless the executor or administrator having objec- 
tion to the claim upon which such action shall be brought, 
shall consent to have the same settled by course of law, 
in which case the judgment of the Court shall determine 
the said claim, and be reported by the commissioners as 
such. And all actions brought against any executor or 
administrator before the estate is represented insolvent, 
shall be continued until it shall appear whether the said 
estate is insolvent or not, and if found insolvent, the 
process shall be conducted as above provided. And if 
any creditor shall not make out his claim with the com- 
missioners within the time of their commission, or at the 
common law, or before referees, in the manner this act 
provides, he shall be forever barred of his debt ; unless 
such creditor shall find sonic other estate of the deceased, 
not inventoried or accounted for by the executor or 
administrator before distribution. June 15, 1784. 



1784. — Chapter 3. 9 

1784. — Chapter 3. 

[May Session, ch. 3.] 

AN ACT FOR ENABLING THE FIRST PRECINCT BELONGING TO, (J] )a jy t 3 
AND LYING WITHIN THE TOWN OF CAMBRIDGE, TO RAISE 1 ' 

MONEY FOR DISCHARGING THE DEBTS INCURRED IN CARRY- 
ING ON THE LATE WAR, AND FOR CONFIRMING THE GRANTS 
AND ASSESSMENTS THAT HAVE BEEN ALREADY MADE FOR 
THAT PURPOSE. 

Whereas doubts have arisen whether the laws of this Preamble. 
State will fully authorize the assessors of the first precinct 
in Cambridge to assess upon the inhabitants any sum or 
sums of money that have been expended in carrying on the 
late war, especially that part of the parish only as belong 
to the town of Cambridge : 

Be it therefore enacted by the Senate and House of 
JRejjresentatives, in General Court assembled, and by the 
authority of the same, That when the first precinct of the Money voted, 
town of Cambridge, being and lying within the same, at asJessed.'&c. 
any legal meeting of the inhabitants, shall vote any sum 
or sums of money for the purpose of discharging the debts 
already contracted in consequence of the late war, the 
assessors of the aforesaid precinct or parish, or such other 
person or persons as they have or may appoint For that 
purpose, shall have full power and authority to apportion 
or assess such sum or sums of money upon the inhabitants 
thereof, according to the rules and methods prescribed by 
law for apportioning the State tax, and shall have full 
power and authority to grant warrants for collecting the 
same, in like manner as the law directs forgathering town 
and other parish rates or assessments. 

And be it further enacted by the authority aforesaid, 
That all grants and assessments that have been made in Former grants 
time past, or that may hereafter be voted and assessed in menu, ratified. 
the first precinct or parish in Cambridge aforesaid, in man- 
ner and for the purpose aforesaid, be, and hereby are 
ratified and confirmed, and the collector or collectors of 
the said parish are hereby directed and required to execute 
all such warrants in the same manner as they are by law 
obliged to execute warrants for collecting town or other 
parish rates or assessments. June 21, 1784. 



10 



1784. — Chaptek 4. 



Chap. 4 



Clerk of the Su- 
preme Judicial 
Court to issue 
his warrant to 
the constables 
30 days before 
the sitting of 
the Court. 



Constables to 
summon the 
persons chosen. 



1784. — Chapter 4. 

[May Session, ch. 4.] 

AN ACT REGULATING THE APPOINTMENT AND SERVICES OF 
GRAND JURORS. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same, That thirty days at the least before the sitting 
of the Supreme Judicial Court in each county within this 
Commonwealth, the clerk of the same Court shall issue 
his warrants, directed to the constables of the several 
towns within the county or counties for which the said 
Court is to be holclen, or to so many of the said towns as 
the Court shall order, requiring the constables respec- 
tively, to assemble the freeholders and other inhabitants 
in the said towns, qualified by law to vote in the choice of 
representatives, to elect and choose by ballot, so many 
good and lawful men of their town, of like qualification, 
and of good moral character, as such warrant shall direct, 
to serve on the Grand Jury at the same Court ; and the 
constables shall summon the persons so chosen, four days 



Graud Jury to 
be sworn. 



the sitting of the Court, to attend 
day and place where the Court is 
to appear at ten of the clock in 
the same day ; and the constables 
return of the warrants, with their 
the same Court. And when the 

Court is opened, the Grand Jury shall be impanelled 

and sworn as follows : 



at the least before 
accordingly at the 
to be holden, and 
the forenoon upon 
shall make timely 
doings therein, to 



Foreman's oath. 



Foreman's Oath. 

"You solemnly swear, that as foreman of this inquest 
for the body of this county of 8. you shall diligently 
inquire, and a true presentment make of all such matters 
and things as shall be given you in charge ; the Common- 
wealth's counsel, your fellows and your own, you shall 
keep secret ; you shall present no man for envy, hatred, 
or malice ; neither shall you leave any man unpresented, 
for love, tV iv, favor, affection, or hope of reward ; but 
you shall present things truly as they come to your 
knowledge, according to the best of your understand- 
ing." " So help you GOB ." 



1784. — Chapter 4. 11 

The other Jurors Oath. 

"The same oath which your Foreman hath taken on The other 
his part, you, and each of you, on your behalf, shall well 
and truly observe and keep." " So help you GOD." 

And if any constable shall neglect to assemble the inhab- negiecungVeir 
Hants of his town, qualified as aforesaid, when he shall dut y- 
have received such warrant, or shall neglect to summon 
the persons chosen in pursuance thereof, or shall not make 
due return of the same, with his doings therein, he shall Penalty. 
pay such fine as the Court in their discretion shall impose, 
not exceeding the sum of twenty pounds. And if any Towns negiect- 
town being duly notified as above provided, shall neglect mfn,°to b°e° 8e 
to choose as many good and lawful men able to attend, C ourt. ied by the 
as are directed in and by such warrant, such town shall 
be amercied in such sum as the Court shall order, not 
exceeding the sum of forty pounds. And if any person Persons chosen 
chosen and notified to attend as aforesaid, shall unneces- aling oa 
sarily fail of attending, he shall (if he is an inhabitant 
of Boston, Salem, or Newburypori) pay a fine of five Penalty. 
pounds, and otherwise a fine of forty shillings, to be 
divided equally amongst the Grand Jurors who shall 
attend their duty at the same Court. 

And it is further enacted by the authority aforesaid, 
That the clerk of the Court of General Sessions of the cierkofthe 
Peace, shall forty da}>"s at the least before the first day of e rai sessions of 
March annually, make out his warrant to the constables [^ehirwar- 
of the several towns in the county, or to so many of them ^1^ l 4o da?s 
as the Court shall order, requiring them severally, to before the first 
assemble the freeholders and inhabitants of their respec- annually.' 
tive towns, qualified to vote for a representative, to choose 
by ballot, one or more good and lawful man or men in 
each town, as the Court shall direct, of like qualification, 
and of good moral character, to appear at the Court of 
General Sessions of the Peace, to be holden within the 
said county, next after the first day of March, and there 
to serve on the Grand Jury at every Court of General 
Sessions of the Peace throughout the whole year, and 
until another Grand Jury shall be chosen, impanelled, 
and sworn in their room, and the constables shall notify constables to 
the persons so chosen four days before the sitting of the B^nschosen?*" 
Court. And it shall be the business of such Grand Jury 
to present all crimes, offences and breaches of law 



12 



1784. — Chapter 5. 



Grand Juiy to 
have the same 
oath adminis- 
tered to them, 
as those serving 
at the Supreme 
Judicial Court. 



Penalties for 
neglect in con- 
stables, towns, 
or persons 
chosen to serve 
as Grand 
Jurors. 



cognizable by the said Court, and they shall have the 
same oath administered to them, as is in and by this act 
provided for the Grand Jury serving at the Supreme 
Judicial Court. 

And if any constable shall neglect to assemble the 
inhabitants of his town, when he shall have received such 
warrant, or shall neglect to summon such person as shall 
be chosen in pursuance of such warrant, or shall not 
make a timely return of the same, with his doings 
therein, he shall pay such fine as the Court shall order, 
not exceeding the sum of ten pounds. And if any town 
shall, after being duly notified, neglect to choose such 
Grand Juror or Grand Jurors, such town shall be 
amercied to the use of the county, in a sum not exceeding 
twenty pounds, at the discretion of the Court. And if 
any person chosen and summoned to attend as aforesaid, 
shall unnecessarily fail of attending at the time and place 
appointed therefor, he shall (if he is an inhabitant of 
Boston, Salem or JVewburyport) pay a fine of five 
pounds, otherwise a fine of forty shillings to be divided 
amongst the Grand Jurors who shall attend their duty. 

June 21, 1784. 



Chap. 5 



Preamble. 



Lottery 
granted. 



1784. — Chapter 5. 

[May Session, eh. 5.] 

AN ACT FOR GRANTING A LOTTERY FOR THE PURPOSE OF 
WIDENING AND REPAIRING THE GREAT BRIDGE OVER 
CHARLES RIVER IN THE TOWN OF WATERTOWN. 

Whereas it appears to this Court that it is necessary 
for public accommodation that an addition of twelve feet 
be made to the great bridge over Charles River, in 
Watertown, and the towns of Watertown, Weston, and 
Waltham have requested the benefit of a lottery to 
assist them in the expense of widening and repairing the 
said bridge: 

Be it enacted by the Senate and, House of Representa- 
tives, in General Court assembled, and by the authority 
of the same, That there be, and hereby is granted, a 
lottery for raising a sum not exceeding ten hundred 
pounds, the profits of which, after payment of the 
necessary expences of managing the same, shall be in 



1784. — Chapter 5. 13 

whole applied towards defraying the expences of widen- 
ing and putting in compleat repair the same bridge. 

Be it further enacted, That Messieurs Amos Bond and f p a p n a S. 
Marshal /Spring, of Watertoivn, Samuel Fisk and Isaac 
Jones, of Weston, and Jonas Dix and John Sanderson, of 
Walt ham, or any four of them, be, and hereby are 
appointed managers of the said lottery, whose business it 
shall be to concert and publish a scheme or schemes for 
the purpose of such lottery, and publish a correct list of 
all prizes which may be drawn in the said lottery, in some 
one of the Boston newspapers, within twenty days after 
drawing thereof shall be compleated, and shall pay to each 
possessor of a prize ticket therein, the full sum of such 
prize, within twenty days after such list is published, if 
demanded by the possessor of such ticket. And if it be 
not demanded within twelve months after drawing the said 
lottery, it shall be deemed as generously given for the 
purpose aforesaid, and applied accordingly. 

Be it further enacted, That if any person shall forge, Penalty for 
counterfeit or alter any lottery ticket issued by virtue of orgery " 
this act, or shall pass or utter any such forged, counter- 
feited or altered ticket, knowing the same to be false, 
forged, counterfeited or altered, or shall counsel, advise, 
or assist in forging, altering, or counterfeiting 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 gallows for the 
space of one hour, with a rope about 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 publicly 
whipped, not exceeding thirty-nine stripes, at the dis- 
cretion of the said Supreme Judicial Court, according 
to the nature and circumstances of the offence. Provided 
always, That the said Amos Bond, Marshal Spring, Managers to 
Samuel Fisk, Isaac Jones, Jonas Dix, and John the Treasurer. 
Sanderson, give security to the Treasurer of this Com- 
monwealth, in the sum of two thousand pounds, to 
employ all the monies that shall be raised by the said 
lottery, in widening and repairing the said bridge. And 
to compleat the widening and repairing the said bridge 
in manner aforesaid, on or before the first day of July, 
one thousand seven hundred and eighty-five. 

June 22, 1784. 



14 



1784. — Chapter 6. 



Chap. 6 



Preamble. 



Boundaries. 



Machias 
incorporated. 



Proviso. 



1784. — Chapter 6. 

[May Session, ch. 6.] 

AN ACT FOR CONFIRMIMG A GRANT OF A CERTAIN TRACT 
OF LAND CALLED MACHIAS, IN THE COUNTY OF LINCOLN, 

• AND FOR INCORPORATING THE SAID TRACT OF LAND AND 
THE INHABITANTS THEREOF, INTO A TOWN BY THE NAME 
OF MACHIAS. 

Wliereas a certain tract of land called Machias, in the 
county of Lincoln, was in April, one thousand seven 
hundred and seventy, granted by the General Court of the 
late Province of Massachusetts Bay, to Ichabod Jones, 
and seventy-nine others, his associates, their heirs and 
assigns, upon certain conditions in the said grant ex- 
pressed, apian of which tract, setting forth the extent and 
boundaries thereof, was in July, 1771, presented to, 
received and accepted by the said Court: And whereas 
the conditions in the said grant have been complied with to 
the satisfaction of this Court, and it is represented by the 
inhabitants of the said tract, that they are subject to many 
inconveniences in a state of unincorporation : 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 before mentioned grant of the aforesaid 
tract of land, extending and bounded as follows, viz. 
beginning at a dry rock at a place called the Eastern Bay, 
near the house of Mr. Samuel Holmes, and extending 
north ten degrees, west ten miles ; then west ten degrees, 
south eight miles ; then south ten degrees, east ten miles ; 
then east ten degrees, north eight miles, to the first 
mentioned bounds, is hereby ratified and confirmed unto 
the aforesaid Ichabod Jones, and his said associates, his 
and their heirs and assigns forever. 

And be it further enacted by the authority aforesaid, 
That the said tract of land extending and bounded as 
aforesaid, together with the inhabitants thereof, be, and 
hereby are incorporated into a town, by the name of 
Machias, with all the powers, privileges and immunities 
that towns in this Commonwealth have and enjoy, ac- 
cording; to the laws and constitution of the same. 

Provided nevertheless, That if it shall appear to the 
General Court that any settler on the aforesaid tract of 
land, other than a proprietor, has not had a reasonable 
quantity of the said tract of land assigned and confirmed 



1784. — Chapter 7. 15 

to him by the proprietors aforesaid ; this Legislature doth 
hereby reserve the right of assigning and confirming to 
such settler, a reasonable quantity thereof, upon applica- 
tion made for that purpose, within two years from the 
passing of this act ; any thing in the same to the contrary 
notwithstanding. 

Provided also, That the several lots in the said tract Proviso. 
of land, appropriated to the use of Harvard College, to 
the first ordained minister, to the use of the ministry, 
and to the use of the school, be truly reserved for those 
purposes. 

And it is farther enacted, That Stephen Jones, Esq ; Stephen Jones, 
be, and he hereby is empowered, to issue his warrant to meeting?" 
some principal inhabitant of the said town, requiring him 
to call a meeting of the inhabitants thereof for the 
purpose of choosing such officers as by law towns are 
empowered to choose in the month of March, annually. 

June 23, 1784. 

1784. — Chapter 7. 

[May Session, ch. 7.] 

AN ACT FOR REGULATING THE CHOICE AND SERVICES OF 
PETIT JURORS. 



Chap. 7 



Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same, That the towns in this Commonwealth shall, Towns to pro- 

♦ ceeri in the 

until the first day of January, seventeen hundred and appointment of 
eighty-five, proceed in appointment of Jurors, as hath tofoTe 8 pnu- " " 
been heretofore practised in this Government, and that tlsed- 
forever thereafter the clerks of the respective Courts 
in this Commonwealth, shall issue their venire facias for cierks of the 
Jurors to serve at their respective Courts, from their courts tissue 
offices thirty days at the least before the return day of ven " e 
the same, directed to the constables of each town in the 
county, or so many of them as the Court shall order, 
and the respective constables upon receipt thereof, shall 
notify the freeholders and inhabitants in their towns, 
qualified to vote in the election of Representatives, to 
assemble and be present at the appointment of the Jurors 
called for, and to be appointed in manner by this act 
provided. 

And it is further enacted, That the selectmen of each Jurors how to 

J ' .be chosen. 

town in this Commonwealth shall provide, and from time 



16 1784. — Chapter 7. 

to time cause to be kept in their respective towns, two 
boxes, and shall once at least, in every three years, lay 
before their town a list of such persons in their respective 
towns as are of good moral character and qualified as the 
constitution directs, to vote in the choice of Representa- 
tives, and not exempted by this act, and such as the 
selectmen shall judge well qualified to serve as jurors, 
and the town shall select out of the list one quarter part 
of the number laid before them, and such as they shall 
judge best qualified to serve at the Supreme Judicial 
Court, and have their names written by the town clerk 
on separate pieces of paper and put into one of the 
boxes, to be liable to be drawn out as is herein hereafter 
directed, to serve on the Petit Jury, at the Supreme 
Judicial Court, and the town shall direct that such of the 
remainder of such list as the town shall think proper, 
shall have their names written on separate pieces of paper 
and put into the other box, to be drawn, as is herein 
hereafter directed, to serve on the Petit Jury at the 
Courts of Common Pleas and General Sessions of the 
who 8 e e name Peace, and if any person whose name shall be put into 
eithei b bo P x Utiut ° e i tner box, shall be convicted of any scandalous crime, or 
being convicted be guilty of any gross immorality, his name shall be with- 
oua crime, his drawn from the box by the selectmen of his town. 
withdrawn. Provided nevertheless, If he can obtain a vote of the town 
to have his name restored to the box again, it shall be 
restored, and such boxes shall be locked by the selectmen, 
and delivered to the town clerks. 

And be it further enacted by the authority aforesaid, 
SeS their That if the selectmen of any or either of the towns of this 
duty. Commonwealth, for the time being, shall neglect or refuse 

to prepare and lay before their respective towns a list of 
Jurors, as is required in and by this act, every selectman 
Penalty. so neglecting his duty, shall forfeit and pay the sum of 

three pounds, for the use of the county in which he or 
they dwelt at the time of such neglect, to be recovered by 
action or information, brought by the Treasurer of such 
county, before any Court proper to try the same, pro- 
vided that the action be brought within twelve months 
after the offence shall be committed. 

And be it farther enacted by the authority aforesaid, 
derk or relict- That when any venire facias shall be issued as by this act 
v n en"re w fa e cl 1 ar y is provided, and the inhabitants of any town shall be 
8 haii be issued, assembled for that purpose, the town clerk, or in his 



1784. — Chapter 7. 17 

absence one of the selectmen, shall carry into the meeting 
the box wherein the names of those persons are put who 
are designed to serve at the Court from whence the venire 
facias issued, which shall be unlocked in the meeting by 
the major part of the selectmen, who are to be present 
(and the constable who shall warn the meeting shall 
particularly notify them and the town clerk for that pur- 
pose) and the town clerk, or in his absence one of the 
selectmen shall draw out so many tickets as there are 
Jurymen required by the venire, who shall be the persons 
that shall be returned to serve as Jurors ; saving that if any 
whose names are so* drawn, are sick, or otherwise unable 
to attend at that time, in the judgment of the town, their 
names shall be returned into the box and others be drawn 
in their stead ; and to the intent that the same persons 
may not be obliged to serve too often, the clerk or 
selectmen who shall draw the ticket or name of any person 
returned to serve as aforesaid, shall enter upon the back 
thereof the date of the draft and return the same into the 
box again, and no person shall be obliged to serve as 
Juror oftener than once in three years. 

And be it further enacted, That the meeting for the The meeting for 
appointment of Petit Jurors shall be six days at the least o^e'tft^ror" 1 
before the day of the sitting of the Court, to which the ^eforl'fhesit 8 - 
venire is returnable, and the constables shall notify the ting of the 

i i o i c ii Court. 

persons thus appointed ot the same, tour days at the least 
before the sitting of the Court wherein they are to serve, 
either by reading the venire, and minute of the appoint- 
ment thereon, to the person appointed, or by leaving at 
their usual abode, a written notification of their being 
drawn as aforesaid, and of the time and place of the 
Court's sitting, at which they are to attend. And when 
the selectmen shall at any time lay a list of the persons 
liable and capable to serve before their town, they 
shall carefully transfer from the back of each old ticket, 
the minute thereon made, to the new one whereon the 
same name is written, that it may be certainly known 
whether such persons shall have been drawn within three 
years. 

Provided always, That if any person shall be drawn and ProviBO - 
returned, and shall not appear, or appearing shall be 
excused by the Court, the minute on his ticket shall not 
excuse him from being returned again when he shall be 
drawn, although it shall happen within three years. 



18 1784. — Chapter 7. 



When there 
shall be a 



And it is farther enacted by the authority aforesaid, That 
deficiency of when there shall upon any occasion he a deficiency either of 

irrand or Petit *->i 

jurors, Courts Grand or Petit Jurors, by means whereof eitherthe Supreme 

of a venire B fadas 8 Judicial Court, or the Court of Common Pleas or General 

to be issued. Sessions of the Peace, cannot proceed conveniently in the 

business of the county, the Courts shall cause writs of 

venire facias to be forthwith issued and directed to the 

constables of any town or towns in the county, for the 

appointment and return of so many good and lawful men 

to serve on either Jury at the said Court, as may be 

necessary, and the number required in such venire shall 

be appointed as the law directs, and notified to attend 

c^anen^tTscc immediately. And when from challenges or otherwise, 

there shall not there shall ii ot be a Jury to determine any civil or 

termjneacause, criminal cause, the Sheriff or his deputy shall by order of 

nershaiireturn" the Court where such defect of Jurors shall happen, return 

bus^cTrcumstan- Jurymen de talibus circumstantibus sufficient to compleat 

tibus - the panel ; and when the Sheriff or his deputy is 

interested or related, Jurors may be returned by the 

Coroner, or such other disinterested person as the Court 

shall appoint. Provided, There be seven at the least of 

the Jurors returned by the venire. 

iect 'of duty in 38 And it is further enacted, That if any Constable to 

constables whom such venire facias shall be directed and come, shall 

selectmen, town i i • i • 

clerks, or per- neglect to do his duty, either in assembling the town, 
to serve on the notifying the selectmen and town clerk, or in notifying 
rem jury. jj ie j uror appointed, or in returning the venire facias, 
he shall pay such fine as the Court in their discretion 
shall order, not exceeding the sum of ten pounds ; and if 
any selectman or town clerk shall, after due notification 
by the constable, neglect to attend and perform his duty 
herein prescribed, by means whereof the Jurors called for 
from his town shall not be returned, he shall forfeit and 
pay a fine at the discretion of the Court, not exceeding 
the sum of five pounds ; and if any person appointed and 
returned to serve on the Petit Jury, shall unnecessarily 
fail of attending, he shall, if he is an inhabitant of Boston^ 
Salem, or JVewburyporf , pay a tine of five pounds, and 
if an inhabitant of any other town, he shall pay a fine of 
forty shillings ; Avhich fines shall be equally divided 
amongst the Jurors who attend their duty. 

And it is further enacted by the authority aforesaid, 
resplctiv°e f the That the Justices of the respective Courts aforesaid, shall, 
motion "father u P on motion from either party in suit, put any Juror 



1784. — Chapter 8. 19 

upon oath, whether he is any way related to either party, £}y5nrornpon 

or hath directly or indirectly formed or given any opinion, oath. 

or is sensible of any prejudice in the cause ; and if it shall 

then appear to the Court that any Juror does not stand 

indifferent in the cause, he shall he set aside from the 

trial of that cause and another called in his stead. And 

the Sheriff of each county, as soon as he shall receive the 

venire for Jurors from the Clerk of either Court, shall 

forward them without any delay, to the constables of the 

several towns whereunto they are directed. 

And it is further enacted, That in all causes relating to in causes reiat. 
the realty, either party may have a Jury to view the place realty, either 
in question, if the Court shall be of opinion that such a 'jury n to y view e 
view is necessary to the justice of the trial. Provided, j:^-^ 111 
The party moving therefor shall advance such reasonable proviso. 
sum to the Jury as the Court shall order to be taxed 
against the adverse party, if he who advances the same 
shall prevail in the suit. Provided, That no settled Provi8 °- 
Minister, Justice of the Peace qualified to act in his 
office, practising Attorney, Sheriff, Deputy Sheriff, 
Coroner, Constable, Warden, Register of a Court of 
Probate, Register of Deeds, Clerk of a common Law 
Court, physician, constant ferryman or miller, shall be 
liable to be put into the box. June 26, 1784. 

1784. — Chapter 8. 

[May Session, ch. 8.] 

AN ACT DIRECTING THE PROCEEDINGS AGAINST FORCIBLE Q}i a <n g 
ENTRY AND DETAINER. 1 ' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, That two Justices of the Peace, quorum units, two justices, 

I,.. ,i t, , . . | . .... quorum unus, 

shall have authority to inquire by a jury, as is herein to enquire into 
hereafter directed, as well against those who make un- &™ ible entry ' 
lawful and forcible entry into lands or tenements, and 
with a strong hand detain the same, as against those who 
having a lawful and peaceable entry into lands or tene- 
ments, unlawfully and by force hold the same ; and if it 
be found upon such inquiry, that an unlawful and forcible 
entry hath been made, and that the same lands or tene- 
ments are held and detained with force and strong hand, 
or that the same after a lawful entry, are held unlawfully 
and with force and a strong hand, then that such Justices 



20 1784. — Chapter 8. 

shall cause the party complaining to have restitution 

thereof. 
made offTdbic And oe it further enacted, That when complaint shall be 
tentry, to issue formally made in writing to any two Justices of the Peace, 

their warrants. J » ■> . ' 

quorum units, ot any unlawful and forcible entry into 
any lands or tenements, and detainer as aforesaid, or of 
any unlawful and forcible detainer of the same after a 
peaceable entry, they shall make out their warrant und^r 
their hands and seal, directed to the sheriff of the same 
county, commanding him in the behalf of the Common- 
wealth, to cause to come before them twelve good and 
lawful men of the same county, each one of whom 
having freehold lands or tenements of the yearly value 
of forty shillings, and they shall be impanelled to inquire 
into the forcible entry or forcible detainer complained of, 
which warrant shall be in the form following, viz. 

Commonwealth of Massachusetts. 

[l. s.] $ , ss. 

To the Sheriff of the county of S- 



Greeting. 

Form. Whereas complaint is made to us the subscribers, two 

of the .Justices of the Peace for and within the county 

of S , quorum unus, by A B. of D in the same 

county, gentleman, that E. F. of yeoman, upon the 

day of at D aforesaid, with force and 

arms, and with a strong hand, did unlawfully and forcibly 
enter into and upon a tract of land of him the said A. B. 
in D aforesaid, containing acres, bounded as fol- 
lows, viz. (or into the messuage or tenement of him the 
said A. B. as the case may be) and him the said A. B. 
with force and a strong hand as aforesaid, did expel and 
unlawfully put out of the possession of the same, [Or 
if it is a forcible detainer only, then the entry shall be 
described and the detainer inserted as folloivs,^ and him 
the said A. B. does unlawfully, unjustly, and with a 
strong hand, deforce and still keep out of the possession 
of the same. You are therefore commanded, in behalf of 
the said Commonwealth, to cause to come before us upon 
the day of at in the said county, twelve 

good and lawful men of your county, each one of whom 
having a freehold of the yearly value of forty shillings, 
to be impanelled and sworn to enquire into the forcible 



1784. — Chapter 8. 21 

entry and detainer (or the detainer) afore described. 
Given under our hands and seals the day of in the 

year of our Lord, 

]\f () C Juices of the Peace, quorum unus. 
And the said Justices shall make out their summons to Justices to make 

, , i • i > • ,• p ii ■ • out their sum- 

the party complained against, in rorm following, viz. mons. 

Commonwealth of Massachusetts. 

[l. s.] S , ss. 

To the Sheriff of the county of S- 



Greeting. 

We command you, that you summon E. F. of to Form, 
appear before the subscribers, two of our Justices of the 

Peace, within and for our said county of S , quorum 

mi us, at a place called in D , in the said county, 

at o'clock in the noon ; then and there to answer 
to and defend against the complaint of A. B. to them 
exhibited wherein he complains that \_Here the com- 
plaint shall be recited] and you are to make a return 
of this writ with your doings therein unto our said Jus- 
tices, upon or before the said day Witness our said 
Justices, the day of in the year of our Lord, 

R. S. 
N. O. 

Which summons shall be served upon the party com- The party not 
plained against, or a copy thereof left at his usual place j^uceTfo 
of abode, seven days exclusively before the day appointed P roceed - 
by the Justices for the trial ; and if after the service of 
such summons the party does not appear to defend, the 
Justices shall proceed to the inquiry in the same manner 
as if he was present ; and when the Jury shall appear, the 
Justices shall lay before the Jury the exhibited complaint ; 
and shall administer the following oath to them, viz. 

Foreman's Oath. 

" You as foreman of this jury do solemnly swear, that Foreman's oath. 
you will well and truly try whether the complaint of A. 
B. now laid before you, is true according to your evidence." 
" So help you GOB." 



22 1784. — Chapter 8. 

The other Jurors Oath. 
The other "The same oath which your foreman hath taken on 

Jurors oath. •* 

Ins part, you and every of you shall well and truly observe 
and keep." " So help you GOD." 

And if the Jury shall find the same true, then they shall 
return their verdict in form following : 

verdTc? their At a Court of inquiry held before R. 8. and JST. 0. 
Esquires, two of the Justices of the Peace, within and for 

the said county of 8 , quorum unus, at D. in the said 

county of 8. upon the day of in the 

year of our Lord, the Jury upon 

their oaths do find, that the lands or tenements in D. 
aforesaid, bounded (or described) as follows, as in the 
complaint upon the day of in the year of 

our Lord, was in the lawful and 

rightful possession of the said A. B. and that the said E. 
F. did upon the same day unlawfully with force and arms, 
and with a strong hand, enter forcibly upon the same, 
(or being lawfully upon the same, did unlawfully with 
force and a strong hand) expel and drive out the said A. 
B. and that he doth still continue wrongfully to detain 
the possession from him the said A. B. Wherefore the 
Jury find upon their oaths aforesaid, that the said A. B. 
ought to have restitution thereof without delay. 

not^/fun "the" And ^ % accident or challenge there shall happen not 
sherifftoriuthe to be a full Jury, the Sheriff shall till the panel de talibus 

panel de tahbus . „ " . ., . -. A , T 

circumstanti- circums tant lous, as in other cases. And n the Jury alter 
a full hearing of the cause, shall find the complaint laid 
before them supported by evidence, they shall all sign 
their verdict in form aforesaid, otherwise the defendant 
shall be allowed his legal cost, and have his execution 
therefor. 

Sed up. t0 be And il is f urther enacted, That if the Jury shall return 
their verdict, signed by the whole panel, that the com- 
plaint is supported, the Justices shall enter up judgment 
for the complainant to have restitution of the premises, 
and shall award their writ of restitution accordingly ; and 
no appeal shall be allowed from the judgment of the 
Justices. 

proceedings Provided nevertheless, That the proceedings may be 

may be removed . . ' * O . J 

by certiorari, removed bv certiorari into the Supreme Judicial Court 



1784. — Chapter 8. 23 

holden in such county, and be there quashed for irregu- 
larity, if any such there may be, nor shall such judgment 
be a bar to any after action brought by either party. 
Which writ of restitution shall be in form following, 

Commonwealth of Massaclmsetts. 

[l. s.] 8 , ss. 

To the Sheriff of our county of 8- 



Greeting 

Whereas at a Court of inquiry of forcible entry and Form of the 
detainer, held at D. in our county of 8. upon the 
day of in the year of our Lord, 

before R. 8. and JSF. O. Esquires, two Justices of the 
Peace for our said county of 8., quorum unus, the Jurors 
impanelled and sworn by our said Justices, did return 
their verdict in writing, signed by each of them, that A. 
B. was upon the day of in the rightful 

possession of a certain messuage or tract of land, (as in 
the verdict returned) and that, &c. (as in the verdict) 
whereupon it was considered by our said Justices, that 
the said A. B. should have restitution of the same. We 
therefore command you, that taking with you the force 
of the county if necessary, you cause the said E. F. to be 
forthwith removed from the premises, and the said A. B. 
to have the peaceable restitution of the same ; and also 
that you levy of the goods, chattels, or lands of the said 

E. F. the sum of being costs taxed against 
him on the trial aforesaid, together with one shilling and 
four pence more for this writ and your own fees, and 
for want of such goods, chattels or lands, of the said E. 

F. by you found, you are commanded to take the body 
of the said E. F. and him commit to our gaol, in L. in 
our said county of 8. there to remain until he shall pay 
the sum aforesaid, together with all fees arising on the 
service of this writ, or until he is delivered by order of 
law, and make return of this writ with your doings therein, 
within twenty days next coming. Witness our said 
Justices, at D. aforesaid, the day of in 
the year of our Lord, 

R. 8. 
JST. 0. 

Provided nevertheless, That this act shall not extend Proviso. 
unto any person who hath had the occupation or been in 



24 1784. — Chapter 9. 

the quiet possession of any lands or tenements by the 
space of three whole years together, next before, and 
whose estate therein is not ended or determined. 

June 30, 1784. 

1784. — Chapter 9. 

[May Session, ch. 9.] 
Chap. .) AN ACT AGAINST DUELLING. 

Preamble. Whereas divers persons, from the loant of a due 

regard to the life of man, and in contempt of the authority 
and government of the Supreme Giver and Disposer of 
life, a regard to which is essentially necessary to the 
preservation and happiness of a republic, and in violation 
of the wise and righteous laws of civil society, have 
voluntarily and maliciously engaged in the detestable and 
infamous practice of duelling, whereby upon false notions 
of honor, that result from a want of moral sense and 
human feeling, many lives have been lost, and many 
families have been brought to distress and ruin: 

Be it therefore enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 

Penalty for en- authority of the same, That whosoever shall for private 

gaging in a duel, t i- 1 c 1 , -i 

where death malice, displeasure, fury or revenge, voluntarily engage 

dothnotensne. j n ft ^f ^^ rap j er Qr ^jj ^^ back swor d, pistol, 

or any other dangerous weapon, to the hazard of life, 
although death doth not thereby ensue, and shall in due 
course of law before the Supreme Judicial Court, in any 
county in this Commonwealth, be convicted thereof, shall 
be carried publicly in a cart to the gallows with a rope 
about his neck, and set thereon for the space of one hour, 
with a rope about his neck as aforesaid, and be committed 
to the common gaol of the county, without bail or main- 
prize, for the space of twelve months, and find sureties 
for the peace and good behaviour for the space of one 
year after the expiration of the said twelve months, or in 
lieu of the said imprisonment shall be publicly whipped, 
not exceeding thirty-nine stripes. 

And be it further enacted by the authority aforesaid, 
ThaHelf fn 1 That any person who shall by word, message, or any other 
way challenge another to tight a duel, or shall accept a 
challenge, although no duel be fought, or shall any ways 
abet, prompt, encourage or seduce any person to fight a 
duel, or to challenge another to fight, and be convicted 



1784. — Chapter 9. 25 

thereof in manner as aforesaid, shall be tined to the use 
of the Commonwealth, in a sum not exceeding three 
hundred pounds, shall suffer six months imprisonment, 
find sureties for the peace and good behaviour for the term 
of one year, and be incapable of sustaining any office 
under the government for the term of three years next 
following the time of such conviction, or shall be liable to 
any or all those punishments at the discretion of the Court. 

And be it further enacted, That when it shall appear by The body of a 
the Coroner's inquest that any person hath been killed in adueT. how'to" 
fighting a duel, the Coroner of the county where the fact be dl8p08ed of • 
was committed, shall be, and he hereby is directed and 
empowered to take effectual care that the body of such 
person so killed be immediately secured and buried with- 
out a coffin, with a stake drove through the body at or near 
the usual place of execution, or shall deliver the body to 
any surgeon or surgeons to be dissected and anatomized, 
that shall request the same and engage to apply the body 
to that use ; but in case the bod}" shall not be delivered to 
any surgeon or surgeons as aforesaid, it shall be buried as 
before directed. Provided, The said place of execution 
shall be within ten miles of the town or place where the 
person was killed, otherwise the body shall in like manner 
be buried in the most public road in the town or place 
where the fact was committed ; and the charge of the 
Coroner's Inquest as well as of the burial of the body (if 
the same shall be buried) shall be defrayed out of the 
estate of the deceased (if any there be to be found) by 
warrant of distress, to be awarded by the Supreme Judi- 
cial Court upon the Coroner's presenting a bill of charge 
therefor ; and if no estate be found, then the charge shall 
be paid out of the treasury of the county where the fact 
was committed. 

And be it further enacted by the authority aforesaid, 
That any person who shall slay or kill any other in a duel, The sentence of 
or fioht as aforesaid, and shall upon conviction thereof on against any per. 

■ -i • j. j. r l • a t* i *-\ j son convicted of 

an indictment for murder receive sentence of death, part killing another 
of the judgment of the Court upon such conviction shall inaduel " 
be, that the body be delivered to any surgeon or surgeons 
to be dissected and anatomized, that shall appear in a 
reasonable time after execution to take the body and 
engage to apply it to that purpose ; but if none shall 
appear as aforesaid, then the Sheriff who shall have 
execution done on the malefactor, shall bury the body 



Chap. 10 



Proviso. 



26 1784. — Chapter 10. 

without a coffin, in the same manner as the Coroner in this 
act is directed to bury the body of a person killed in a 
duel. June 30, 1784. 

1784. — Chapter 10. 

[May Session, ch. 10.] 
AN ACT REGULATING BAIL IN CIVIL ACTIONS. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
Ban to satinfy of (he same, That where bail is given on mean process in 

the judgment, ^ . ., .. ,. , ° ,. , * 

in ease of the any civil action for the appearance ot the party to answer 
prCncfpai? the suit, and to abide the order and judgment of the Court 
thereon, every such person or persons who shall thus 
become bail, shall be obliged to satisfy the judgment out 
of his or their own estate, in case of the principal's avoid- 
ance and the return of nonest inventus upon the execution. 
Provided nevertheless, That the bail may at any time 
before final judgment upon the original suit, bring the 
principal into Court, and deliver him into the custody 
thereof, and be thereby discharged of their suretiship. 
fring^udgment, -And be it further enacted, That when the principal shall 
entitled to a avoid, so that his goods, lands, or chattels cannot be 

writ ot scire *— 

facias against found to satisfy the execution , nor his body found to be 
taken therewith, the person for whom judgment was given, 
shall be entitled to his writ of scire facias from the same 
Court against the bail : And in case no just cause is shewn, 
judgment shall be given against them for the damages 
and cost recovered against the principal, with additional 
damages and cost, and execution shall be awarded against 
them accordingly. 

Proviso. Provided nevertheless, That if the bail shall bring their 

principal into Court before judgment is given upon the 
scire facias and there deliver him to the order of the Court, 
and shall pay the cost which may have then arisen upon 
the scire facias, then the bail shall be discharged ; and 
the principal shall be committed to gaol, there to remain 
for the space of thirty days, in order to his being taken in 
execution. And if the creditor shall not within thirty 
days, "next after the surrender of the principal, take him 
in execution, the Sheriff shall discharge him upon his 
paying the legal prison fees. 

fa/iaeVbe™ And it is further enacted^ That no scire facias shall be 

on7yea7'irfter served upon the bail, unless it be done within one year 

judgment. 



1784. — Chapters 11, 12. 27 

next after the entering up tinal judgment against the prin- 
cipal. 

And it is further enacted. That the bail may have their Bail entitled to 

• • i » a remedy 

remedy by action on the case against their principal, for against the 
all damages sustained by their becoming his sureties. pmepa. 

June 30, 1784. 

1784. — Chapter 11. 

[May Session, ch. 11.] 
AN ACT FOR NATURALIZING THOMAS ROBISON. Chap. 11 

Whereas Thomas Robison, late of Quebec, in the Preamble. 
Province of Canada, and now residing at Falmouth, in 
the county of Cumberland, arid Commonwealth aforesaid, 
has petitioned the General Court to be naturalized, and be 
thereby entitled to all the rights, liberties, and privileges of 
a free citizen of this Commonwealth; and it being probable 
lie ivill be a usefid member thereof: 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, That the said Thomas Robison upon his taking Thomas rom- 
the oaths of allegiance and abjuration required by the con- 
stitution of this Commonwealth, before two Justices of 
the Peace, quorum unus, shall be deemed, adjudged and 
taken to be a free citizen of this Commonwealth, to all 
intents, constructions and purposes, as if he the said 
Thomas had been an inhabitant within this State at the 
time of making the present form of civil government. 

And it is further enacted, That the Justices before Certificate of 
whom the same oaths shall be taken, shall return a certifi- turned? ' 
cate of the same into the Secretary's office, to be placed 
on the records of this Commonwealth. 

June 30, 1784. 

1784. — Chapter 12. 

[May Session, ch. 12.] 

AN ACT TO ENABLE THE INHABITANTS OF THE TOWN OF LONG- ChdT). 12 
MEADOW, TO LAY OUT AND CONFIRM HIGHWAYS IN THE 1 ' 

SAID TOWN, AT ANY LEGAL MEETING BEFORE THE SIXTH 
DAY OF NOVEMBER, SEVENTEEN HUNDRED AND EIGHTY- 
FOUR. 

Whereas the town of Springfield, by a vote of the said Preamble. 
town in October, seventeen hundred and seventy-tiro, did 



28 1784. — Chapter 13. 

reserve to the inhabitants of the said town, a right to lay 
out highways in certain lands called the commons in the 
said Springfield, from the time oj passing the said vote to 
the sixth day of November, seventeen hundred and eighty- 
four, which (own of Longmeadow was then included in 
the said town of Springfield : And whereas the said toivn 
of Lotgmeadow teas incorporated into a separate town in 
October last, but the said privilege of laying out high- 
ways in the said lands in Longmeadow was not men- 
tioned in the act of incorporation, whereby the inhabitants 
thereof suppose themselves excluded from the said right: 
And whereas by law all town highways laid out by the 
selectmen thereof, are to be accepted and approved at the 
annual March meeting in the said town, before the same 
can be established, which cannot be done by the said town 
before the time reserved for exercising the said privilege 
will be elapsed: For remedy whereof, 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
inhabitants en- tne same That the inhabitants of the said town of Lonq- 

abled to lay out ' % >{ 

highways, &c. meadow , shall have all the right to lay out highways in 
the same town in the said commons, which the inhabitants 
of Springfield had, or have by the said vote of October, 
seventeen hundred and seventy-two, reserved to them- 
selves of laying out highways in the commons in the said 
Springfield, and also to accept, approve and confirm the 
same at any legal town meeting in the said Longmeadow, 
before the said sixth day of November next, as fully and 
effectually to all intents and purposes as the same might 
have been done at any legal town meeting in the month 
of March ; any law to the contrary notwithstanding. 

July 1, 1784. 

1784. — Chapter 13. 

[May Session, ch. 13.] 

Chan IS AN ACT IN ADDITI0N T0 » AND F0R THE EXPLANATION OF AN 

" ACT ENTITLED. "AN ACT LAYING DUTIES OF IMPOST AND 

EXCISE ON CERTAIN GOODS, WARES AND MERCHANDIZE 

THEREIN DESCRIBED; AND FOR REPEALING THE SEVERAL 

LAWS HERETOFORE MADE FOR THAT PURPOSE." 

Preamble. Whereas doubts have arisen, respecting the true intent 

of (lie following words in the said act, viz. " That no dis- 
count, or remission of the impost levied by this act, shall be 



1784.— Chapter 13. 29 

allowed on the aforesaid goods, wares and merchandize, 
after being entered or landed in any place within this 
Commonwealth, or on any other account whatever:" For 
the explanation thereof, 

Be it enacted by the Senate and House of llepresenta- 
tives, in General Court assembled, and by the authority of 
the same, That no discount or remission of the impost ^ ^™* s ^ nof 
levied by the said act, shall be allowed on any snoods allowed on any 

sroods tiiken 

whatever, after they shall have been taken out of the out of a vessel, 
vessel or float that brought them into this Commonwealth, vwld. 1 a8 pr °" 
on account of their being exported, or on any other pre- 
tence whatever ; except in cases as provided for in this 
and the act aforesaid : But on goods which shall not be 
taken out of the vessel or float which brought them into 
this Commonwealth, no impost shall be demanded. 

Be it further enacted by the authority aforesaid, That 
when any goods, wares or merchandize shall be imported bysubj™t P B°of ed 
into this Commonwealth, after the passing of this act, l^de^ned t0 
belonging 1 to a subject of any other State in the union, and be exported en- 

o o .' J _ > tire, by water, 

designed to be exported whole and entire to such State, notsubjectto 
by water only, if it shall appear by the manifest of the impobtcutl 
cargo, when first lodged with the naval officer that the 
said goods, wares and merchandize (particularly designated 
by their marks and numbers ) were intended for such 
exportation ; and if the same shall be put and kept under 
the immediate care of the naval officer of the port into 
which they shall arrive from the time of their first arrival, 
till they shall be so exported ; and if the owner or con- 
signee shall cause the said goods, wares and merchandize, 
to be cleared out by the said naval officer, and shall have 
them entered at the naval office of the port into which 
they shall be transported; and shall, within the time 
limited in the bond, (which is to be given in this case as 
in other instances) produce a certificate from the last 
mentioned naval officer, that the before mentioned owner 
or consignee has entered in his office, from on board the 
same vessel which cleared from the first mentioned office 
(naming her and the master thereof) the same goods, 
wares and merchandize (specifying the several boxes, casks 
and packages, with their marks and numbers) and shall 
also certify under oath, on the back of the said certificate, 
that he has not, since the passing of this act, caused to be 
exported or received, from any port in this Common- 
wealth, any goods on which an impost is laid, which was 



30 



1784. — Chapter 13. 



Proviso. 



Articles pur- 
chased before 
the first of 
August laBt, on 
which the du- 
ties were paid, 
not subject to 
a farther excise, 
except. 



Clerks of the 
Sessions to re- 
turn the names, 
&e. of licenced 
persons to the 
collectors, an- 
nually. 



( Collectors to 
return to the 
Courts of Ses- 
sions, the names 



not paid or secured to be paid (knowing them to be such) 
saving what is by law exempted from such imposts ; in 
every such case the collector shall cancel the bond which 
was given for the impost on such goods, wares and 
merchandize. 

Provided nevertheless, That no subject of any other 
State in the union, shall be intitled to the benefit of the 
foregoing provision, unless there be an act laying duties 
of impost of equal amount within such State ; nor 
until the legislature of such State shall have passed a 
law, equally beneficial to the subjects of this Common- 
wealth, any thing herein to the contrary notwithstanding. 

Whereas by the fourteenth enacting clause of the said 
act, every licenced person was required to take an account 
of all excised articles in his or her possession, on the first 
day of August last, and to pay the excise thereon: In 
order to save from injury licensfd persons in certain cases. 

Be it enacted by the authority aforesaid, That when 
any licenced and permitted person, (other than the 
importer or consignee) who purchased dutied articles 
previous to the first of August last, and had the same, or 
any part thereof, then on hand, shall distinctly state the 
same to the collector, in his excise account, specifying the 
names of the persons of whom, and the time when they 
were purchased ; and shall also give the collector full and 
satisfactory evidence by oath, that he paid the duty on all 
such articles, agreeably to the act then in force : In such 
cases the collector shall not demand any farther excise 
on any such articles ; except on the articles of lemons, 
raisins, porter, ale or beer, and hats, any thing in the 
said act to the contrary notwithstanding ; but on the 
articles last mentioned, the duty which by the act now 
in force is required, shall be demanded and paid. 

Be it further enacted by the authority aforesaid, That 
the Clerks of the General Sessions of the Peace in the 
several counties in this Commonwealth be, and they are 
hereby required, yearly, and every year, during the con- 
tinuance of the act last mentioned, or of this act, 
immediately after granting licences in their respective 
counties, to make return to the collectors of their 
respective counties, of the names and places of abode of 
all persons who shall in that year have been licenced there- 
in. And the collectors of excise are hereby required 
to return to the Court of General Sessions of the Peace, 



1784. — Chapter 13. 31 

in their respective counties, the names of all persons °* persons who 

i i it i ., j i i j i • • shall not have 

who shall not have settled their excise accounts settled their 

i i . i ij_ii»j_j3i l • a. excise accounts 

agreeably to law ; and therefor to hie a complaint annually. 
against them, as soon as may be, after the expiration of 
the time limited for such settlement ; and the said Courts 
are hereby required to order the recognizances of such 
delinquent persons to be put in suit without delay. 

And whereas it is provided i?i the said act, that all 
articles seized by the naval officer, or collector or his 
deputy, shall be restored to the owner or consignee, upon 
his giving bond, with sufficient sureties, living within this 
Commonwealth, to pay the full value of such articles, if 
they shall be adjudged to be forfeited, within thirty days 
after final judgment thereon: 

Be it therefore enacted by the authority aforesaid, That 
the Court passing such judgment, shall immediately Court to issue 
thereupon issue execution, returnable in thirty days, for 
the full value of such articles as agreed upon and ex- 
pressed in the condition of the bond, and for legal costs, 
any law or usage to the contrary notwithstanding. 

Be it further enacted by (he authority aforesaid, That 
from and after the first day of August next, there shall be Dutied articles, 
puid, in addition to the impost already laid, the following 
impost on all the following articles herein after named 
that shall be brought into this Commonwealth by land or 
water, viz. An impost of five per centum ad valorem, at 
the time and place of importation, on all kinds of paper, 
bellows, candles, soap, linseed oil, leather gloves and 
mitts, upon all beef, pork and butter, and cheese, not 
raised or made in any of the United States ; and an im- 
post of ten per centum ad valorem, at the time and place 
of importation, on coaches and all other kind of riding 
carriages, upon all kinds of the following articles, viz. 
Harness for riding carriages, saddles and bridles, sur- 
cingle and girt webb, boots, bootlegs, shoes, slippers 
and goloshoes, silver and ivory handled knives and forks, 
and all kinds of silver plated ware ; and one shilling on 
each and every hundred weight of cordage and yarns, 
and eight pence for every pound of snuff, except on such 
of the said articles as shall not be taken out of the vessel 
or float in which they were brought into this Common- 
wealth ; which impost shall be collected by the same 
persons and in the same manner as are prescribed in the 
act to wdiich this is in addition. 



32 1784. — Chapter 13. 

Duty on snuff. jj e it further enacted, That there shall be paid four 
pence on every pound of snuff manufactured within this 
Commonwealth, by the manufacturer thereof, which shall 
be collected by the same persons and in the same manner 
as is prescribed in the act to which this is in addition : 
and if any manufacturer of snuff shall sell any snuff 
before he shall have given bond to the collector of excise 
within the same county for the payment of this duty, he 
shall forfeit for every offence a sum not less than forty 
shillings, nor more than one hundred pounds, together 
with the value of the snuff so sold, to be recovered in 
any Court proper to try the same. 

And whereas the excise of four pence on every pound of 
imported loaf sugar established by the act to which this act 
is in addition, hath been found inconvenient: 7'herefore 

Kxdsc on loai- Beit enacted, That the said clause in the said act, 
establishing an excise of four pence on every pound of 
loaf sugar as aforesaid, be, and hereby is repealed, and 
that from and after the passing of this act there shall be 
paid an excise of three pence on every pound of imported 
loaf sugar, to be collected by the same persons and in 
the same manner as is prescribed in the act to which this 
act is in addition. 

And be it further enacted by the authority aforesaid, 

Goods brought That all «;< ods, wares and merchandize, which shall be 

in uiiv vessel or " 

iioat, not entered brought info this Commonwealth on board of any vessel 

in the manifest, n , 111 • j ,. ,1 • -, ' ■, 

to be forfeited, or float, and belonging to any owner of the said vessel or 
float, or to the Captain or master thereof, or to any other 
officer or mariner belonging to the same, and shall not be 
Naval officers entered in the manifest, shall be forfeited. And the naval 
goods. * officers, collectors and their deputies, are hereby author- 

ized and required, in their respective counties, to seize 
and secure such goods, wares and merchandize for trial, 
and on condemnation thereof there shall be paid out of 
the neat proceeds of the goods condemned, to the person 
giving information, twenty-five per centum, to the seizing- 
officer or officers twenty-rive per centum, and the remainder 
shall be paid into the treasury of this Commonwealth. 

And whereas the indulgence by law allovjed of giving 
security for payment of duties at certain days, subset/ naif 
to the day of the making of such security, hath in some 
cases bee,)i abused by a delay of payment, at (he times or 
periods by law in such cases directed: For remedy whereof, 
Be it further enacted by the authority aforesaid, That 
from and after the passing of this act, every person who 



1784. — Chapter 13. 33 

shall give security for payment of duties as by the act to Persons giving 

i . i °. i • • i i'j. • t i i ii i i hi security for 

which tins is sin addition is directed and allowed, shall he payment of du- 
holden and obliged in the same obligation to bind him or ouiged topay 
herself to the collector, to pay lawful interest from the SjJflJdUS* 
date of such obligation, upon such sum or sums of money ° f j*e obiiga- 
as by such obligation may be secured to be paid, provided 
the sum or sums in such obligation secured to be paid, 
shall not be in fact paid at the several times or periods in 
such obligation fixed and concluded upon. 

And he it further enacted by (he authority aforesaid, 
That where any bond that hath been or shall be given to Ronds given to 
the collector, for the payment of duties, shall not be dis- payment of du- 
charged at the time- or period it shall become due, in part charged* when 
or whole, the collector to whom such bond hath been or f™ult '' e put 
shall be given, or his successor, shall, within twenty days 
after payment shall become due, in part or whole, cause 
the same bond to be put in suit against the obligor or 
obligors, and such suit shall with due diligence pursue to 
final judgment and execution. And where any bond ^e^v^n 8 * " 
heretofore given to the collector, hath already been due already due and 

vinnischiirtjGtl • 

more than twenty days, and still remains undischarged, to be put in suit. 
the collector to whom such bond was made, or his 
successor, is hereby required without delay, to cause 
such bond to be put in suit against such obligor or 
obligors, and the same with due diligence to pursue to 
final judgment and execution. 

And whereas provision is made in the act to which this preamble. 
is in addition, that in default of payment of the duty upon 
carriages therein directed, the collector is authorized to 
make out and deliver to a constable a warrant of distress 
in manner and form in the said act to which this is 
in addition, pointed out for the levying and collecting 
of such duties; but no provision is therein made to compel 
such constable to pay over to the collector who made 
out such warrant of distress, the duty so in arrear when 
by such constable collected: For remedy of which defect, 

Be it enacted by the authority aforesaid, That when and ^ e ° iv f D g b t he duty 
so often as any constable shall have levied or made by man-ear by 

, i • ,• i • warrant of dis- 

distress or otherways, by virtue ot such warrant or tress, directed 
distress so made out by the collector as aforesaid, the in 
whole or part of the duty in arrear, and to be levied and 
made by distress as aforesaid, he shall within ten days 
after the receipt of the said money, first making the 
deduction in the act aforesaid allowed, deliver and pay 



u 



1784. — Chapter 14. 



Monies arising 
from this act, 
how applied. 



Limitation. 



the remainder of such money so received, to the collector 
who made out the said warrant of distress, or to his 
successor. And upon his neglect in this behalf, shall 
forfeit treble the lawful interest of the sum so received 
and detained, to the use of the person who shall sue for 
the same ; the said forfeiture to be recovered by action 
of debt, or by information in any Court proper to try 
the same. 

Be it further enacted by the authority aforesaid, That 
the monies arising from this act, excepting such sums 
as are otherways expressly appropriated, shall be applied 
for the payment of the interest specified in the act to 
which this is made in addition, and for no other purpose ; 
and this act shall continue and be in force during the 
continuance of the aforesaid act, and no longer. 

July 1, 1784. 



Clicvp 



Naval offices 
established. 



Naval officers 
to give bond, 
and be sworn. 



1784. — Chapter 14. 

[May Session, ch. 14.] 

1 AN ACT ESTABLISHING NAVAL OFFICES IN THIS COMMON- 
WEALTH, AND FOR THE REPEALING LAWS MADE FOR 
THAT PURPOSE. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority 
of the same, That within the several sea ports of Boston, 
Salem, MarbleJtead, Newburyport, Gloucester, Ipswich, 
Beverly, York, Penobscot, Pepperelborougli, Falmouth 
in the county of Cumberland, Boofhbay, Goldsborouylt, 
Machias, Passamoquaddy , Bath, Plymouth, Barnstable, 
Dartmouth, Dighton, Edr/artoivn, and Sherburne, in 
the county of Nantucket, within this Commonwealth, an 
office be, and hereby is established, to be called and 
known by the name of the Naval Office. 

And be it enacted by the authority aforesaid, That 
every person who shall be appointed to discharge and 
execute the duties of a Naval Officer, before he enter on 
the duties thereof, shall give bonds with sufficient 
sureties to the Treasurer of this Commonwealth, in the 
sum of one thousand pounds, for the faithful discharge 
of the trust reposed in him ; and also shall be thereunto 
sworn before some Justice of the Peace, who is hereby 
empowered to administer the oath, and directed to return 



1784. — Chapter 14. 35 

a certificate thereof to the Secretary of this Common- 
wealth. 

Be it further enacted by the authority aforesaid, That 
it shall be the duty of every Naval Officer, who is or Their duty, 
may be chosen and qualified as aforesaid, to grant 
registers for, and to enter and clear ships and other 
vessels trading to or from this Commonwealth, to take 
manifests on oath of all cargoes exported or imported, 
and keep fair records thereof, to grant bills of .health 
when desired, to take bonds in adequate penalties when 
bonds are by law required, and to do and perform all that 
by this or any other act or acts is or may be required. 

Be it further enacted by the authority aforesaid, That 
the Naval Officers who are or may be appointed, be, and ^poweredto 
they are hereby severally empowered, to appoint one or fPf^V^be 
more deputies within their respective districts, to do the accountable, 
business assigned in this act, to the Naval Officers, or 
any part thereof. And the Naval Officers shall severally 
be accountable for the conduct of their respective 
deputies ; and every deputy before he proceeds to the Deputies to be 
execution of his office, shall be sworn to the faithful sworn - 
discharge thereof, before some Justice of the Peace ; and 
the deputies shall be paid for their services by the 
Naval Officers who shall severally appoint them. 

Be it further enacted by the authority aforesaid, That 
the several Naval Officers within this Commonwealth, office hours. 
shall either by themselves or their respective deputies, 
keep their offices open from nine of the clock in the 
morning till one in the afternoon, and from three in the 
afternoon till sun set, the Lord's day excepted. 

Be it further enacted by the authority aforesaid, That 
all Naval Officers shall constantly keep a list of legal fees TokeepaHst 

t , , , . 7. ^ ° -, . of legal fees in 

exposed to open view in their respective offices; and in open view, 
case any such officer shall neglect so to do, or shall 
directly or indirectly demand or take any greater fee 
than by law is or may be allowed, for each and every 
such offence he shall forfeit and pay the sum of twenty 
pounds ; or if any Naval Officer shall unnecessarily delay 
the entering or clearing any ship or vessel, on conviction 
thereof, he shall be liable to pay the damages arising Penalty for de- 
therefrom, with costs, to be recovered by action in any o^Viea^ng?'^ 
Court proper to try the same. 

Be it further enacted by the authority aforesaid, That 
all ports, harbours, havens, creeks and inlets within this Ports, &c. 

1 where no naval 



36 



1181. — Chapter 14. 



office is estab- 
lished, how to 
he considered. 



Proviso. 



Penalty for 
abuse to naval 
officers, in the 
execution of 
their duty. 



Commanders 
of vessels, be- 
fore breaking 
bulk, to enter 
at the naval 
office, an ac- 
count of his 
vessel, &c. 



Master, ike. not 
to break bulk. 



Commonwealth, in which no Naval Office is or may be 
established, shall be considered as belonging to the next 
or nearest port in which a Naval Office is or may 
be established ; any usage or custom to the contrary 
notwithstanding;. 

Provided nevertheless, That where any dispute or diffi- 
culty may arise on account of the distance of any port, 
harbour, haven, creek or inlet, from the Naval Office, 
adjoining to either side of the same, the Governor with 
advice of the Council, be, and hereby is empowered to 
assign and set oft* such port, harbour, haven, creek or 
inlet, to either of the Naval Offices next adjoining. 

Be it further enacted by the authority aforesaid, That 
if any person shall obstruct or abuse any Naval Officer 
or deputy, in the execution of his duty, every person 
thus offending, for every such offence, shall forfeit and 
pay a sum not exceeding one hundred pounds, nor less 
than ten pounds, as the nature of the offence may be, one 
half thereof to such officer or deputy, and the residue to 
the use of the Commonwealth, to be recovered by such 
officer or deputy, or by the Attorney General, by action 
of debt in any Court proper to try the same. 

Be it further enacted by the authority aforesaid, That 
from and after the first day of September, one thousand 
seven hundred and eighty-four, the master or oommander 
of every ship and other vessel, which shall arrive in any 
port, harbour, or place within this Commonwealth, shall 
before breaking bulk, enter at the proper Naval Office 
of the port, harbour or place, an account of his ship 
or vessel, together with a manifest on oath of all the 
goods, wares and merchandize on board the same ; and 
shall if the said ship or vessel is owned by any other 
than a citizen of this or any of the United States of 
America, enter into bond with one sufficient surety, being 
a citizen of this or one of the United States, in the sum 
of three hundred pounds ; conditioned, that he will 
observe, keep and obey all ordinances, acts and resolves, 
either of the United States in Congress assembled, or 
of this Commonwealth, respecting trade and navigation. 
And the master or commander of any ship or vessel, who 
shall presume or attempt to break bulk or unlade any 
part of the goods, wares or merchandize on board the 
said ship or vessel, before he has made due entry thereof 
as aforesaid, and obtained a permit therefor from the 



1784. — Chapter 14. 37 

proper Naval Office, shall for every such offence, forfeit Forfeiture. 
and pay the sum of five hundred pounds, one fourth part 
thereof to the Naval Officer, who is hereby empowered to 
sue for and recover the same ; and the remainder thereof 
to the use of this Commonwealth. And any Naval c f i ^' c ° 1 1 ^ er 
Officer or his deputy is hereby empowered and directed, seize, 
to take and seize such goods, wares, and merchandize, 
unladen before entry as aforesaid; which goods shall be 
forfeited, one fourth part thereof to the said officer, and 
the residue thereof to the use of this Commonwealth. 

Be it further enacted by the authority aforesaid, That 
if anv sroods, wares or merchandize, belonging to any Goods unladen 

«/ » ' liiiiii without entry, 

owner or owners of *any ship or vessel, shall be unladen to be seized, 
as aforesaid, not only such goods, wares and merchandize 
shall be seized and forfeited, but also the said ship or 
vessel, with her furniture, tackle and. apparel, shall be 
seized and forfeited, one quarter part thereof to the Naval 
Officer, who is hereby empowered to sue for and recover 
the same, and the residue to the use of this Common- 
wealth. 

Be it further enacted by the authority aforesaid, That 
from and after the first day of September next, no ship or No vessel to de- 
other vessel shall be permitted to sail or depart out of any tm cleared . P ° r 
port, harbour, or other place within this Commonwealth, 
and proceed to sea, without the master or commander 
having duly cleared out at the proper Naval Office, the 
said vessel with her cargo on board, manifest whereof 
shall be exhibited by the said master under oath, and left 
with the officer who may grant the clearance, a certificate 
of which clearance shall be delivered by the said officer to 
the said master or commander. And any master or com- 
mander of any ship or other vessel, who shall presume to 
depart with the said ship or vessel, from any port, har- 
bour, or place where such ship or vessel may be, and hath 
been entered at the Naval Office, without having cleared 
out and obtained a certificate thereof as aforesaid, shall renalt y- 
upon conviction thereof, forfeit and pay the sum of two 
hundred pounds, to be recovered and applied in manner 
as aforesaid. 

Be it fiwiher enacted by the authority aforesaid, That 
no entrance or clearance of any ship or other vessel shall dearane^but'at 
be made as aforesaid, in any other than the proper Naval the proper 

ii "iv ii I of lice. 

Office of the district where such ship or vessel shall be ; 
any thing in this act to the contrary notwithstanding. 



38 



1784. — Chapter 14. 



Be it farther enacted, That if any Naval Officer shall 
vessel out of hVs admit to entry, or grant a clearance for any ship or vessel, 

district, on i i ' fc ii.ni - ,1 !• ' l\ • 



Naval officer 
not to enter any 



penalty. 



Provided, that 
masters of fish 



except such ship or vessel shall be at the same time within 
the limits of his district, he shall forfeit and pay for every 
such offence, the sum of one hundred pounds ; one moiety 
thereof to any person who shall sue for the same, and the 
other moiety to the use of this Commonwealth. 

Provided always, and be it further enacted, by the au- 
thority aforesaid, That no ship or other vessel belonging 
ing vessels, &c. to any citizen in this Commonwealth, employed in the 

employed coast- ,.* / „ . . n , . . iii 

ways, be obliged business oi catching nsn, or in carrying wood or lumber 
bonVevery coastways, shall be subject to any of the aforesaid regula- 
year- tions, saving as is hereafter provided ; but instead thereof, 

the owners or master of every such ship or vessel employed 
as aforesaid, and of all boats and lighters of the burthen of 
fifteen tons and upwards, employed in transporting goods, 
shall once every year, enter into good and sufficient bonds 
at the Naval Office of the port where such ship, vessel, 
boat or lighter belongs, to the Treasurer of this Common- 
wealth, in the penal sum of one hundred pounds, with 
condition to observe, keep and obey all ordinances, acts 
and resolves of the United States, in Congress assembled, 
and of this Commonwealth, respecting trade and naviga- 
tion. And such owner or master shall take certificate 
thereof from the said Naval Officer ; and such ship or 
vessel, boat or lighter, the owners or master of which 
shall not have entered into such bond, and taken such 
certificate thereof, shall be forfeited to the use of this 
Commonwealth ; and such certificate shall be deemed a 
full sufferance and clearance for the same ship, vessel, boat 
or lighter, to pass and repass from any port, harbour or 
place within the Commonwealth, for the term of one year 
from the date of the bond therein referred to, and no 
longer. Provided, That the master of such ship, vessel, 
boat or lighter, shall report to the Naval Officer from time 
to time, his entering within his district 

Be it further enacted, That every ship or other vessel 
of the burthen of fifteen tons or upwards, owned by t lie 
citizens of this Commonwealth, shall be duly registered ; 
and that no ship or other vessel's name shall be changed 
after registering, without registering such ship or vessel 
anew, and delivering up the former register to be can- 
celled. And in case there be an alteration of property in 
part or in whole, by sale after registering, such sale shall 



Proviso. 



Every vessel of 
15 tons or up- 
wards to be 
registered. 



1784. — Chapter 14. 39 

be acknowledged by indorsement on the register, before 
the Naval Officer of the port where such vessel may be, 
or made before one or more witnesses, and recorded within 
twenty days in the said Naval Office, upon penalty of for- 
feiting the sum often pounds, to be paid by the purchaser 
to the use of this Commonwealth. And whenever there 
may be a change of the master or commander of any ship 
or other vessel, the Naval Officer shall endorse the same 
on the back of the register. 

And be it farther enacted by the authority aforesaid, 
That if any person shall forge, erase or falsify any certifi- f e r n ?J, ty a f ™ 
cate, oocket or permit, for any vessel or goods, wares or certificate, &c. 
merchandize, or shall knowingly make use thereof, or 
knowingly exhibit any false manifest, such person shall 
forfeit and pay for every such offence, a sum not exceeding 
five hundred pounds, nor less than fifty pounds, one fourth 
part thereof to the Naval Officer in whose district the 
offence is committed, and who is hereby empowered to 
sue for and recover such forfeiture in any Court proper to 
try the same, and the remainder thereof to the use of this 
Commonwealth. 

And be it further enacted by the authority aforesaid, 
That from and after the first day of September next, if any Naval officers 
ship or vessel laden with, or having on board customable secure the du. 
goods, shall be hovering on the coasts of this Common- ^g^Ve^e 1 !" 1 " 
wealth, within the limits of any port thereof, and not pro- j^sT.'" 8 ° n the 
ceeding on her voyage, (wind and weather permitting) it 
shall be lawful for the Naval Officer of such port to go on 
board such ship or vessel, and take an account of the 
lading, and demand security of the master, by his own 
bond to the Treasurer of this Commonwealth, to the use 
thereof, with condition that such ship or vessel shall (as 
soon as wind and weather, and the state of such vessel 
doth permit) proceed regularly on her voyage. And that 
he will produce to the said Naval Officer within a reason- 
able time, to be expressed in the bond, a certificate from 
the proper officer of the port where such goods were 
landed, that they were legally entered. And if such 
master or commander shall refuse to enter into such bond, 
or shall not proceed on such voyage (as soon as the wind 
and weather and the state of such vessel will permit) all 
the customable goods on board of such vessel may be 
taken out and secured by the Naval Officer, until the 
duties thereon are secured to government ; and the charges 



40 



1784. — Chapter 14. 



Naval officers 
to render a tran- 
script of all en- 
tries, &c. to the 
Secretary, once 
in six months. 



Penalty for 
neglect. 



And to return 
all vessels en- 
tered, &c. to 
the collectors 
of excise, once 
every week, on 
penalty. 



Collectors to 
transmit a fair 
account of such 
entries, Sec. 
ouce in six 
moutliB, to the 
Secretary. 



Laws CHtaliliHh- 
iug naval offices 
repealed. 



arising by the removal and securing such goods, shall 
be paid by the master or commander of such ship or 
vessel. 

Be it further enacted by the authority aforesaid, That 
the several Naval Officers within this Commonwealth, 
shall, once in every six months at least, estimating the 
same from the day of their being chosen, render to the 
Secretary of this Commonwealth, a fair transcript of all 
the entries and clearances made at their respective offices, 
which transcript shall contain an exact account of all the 
vessels of every denomination, their burthen, where 
owned, and the names and numbers of mariners by whom 
each shall be navigated. Also a particular account of all 
goods, wares and merchandize, that may have been en- 
tered and cleared within the said time at their several 
offices. 

Be it further enacted by the authority aforesaid, That 
if any Naval Officer shall neglect to make such returns to 
the said Secretary for two half years succe-sively, he shall 
be rendered incapable of being again elected to that office, 
unless such officer shall give sufficient reason for his 
neglect. 

And be it further enacted by the authority aforesaid, 
That the Naval Officer of each district, shall once every 
week make a return to the collector of excise, of the 
county in which such district may be, of all vessels by 
him entered or cleared, with copies of the manifest of all 
goods, wares and merchandize, entered or cleared at his 
office, on penalty of three pounds for every such neglect, 
to be sued for and recovered in any Court proper to try 
the same, by the said collector, whose duty it shall be to 
prosecute ; one moiety of the said tine to be to the use of 
the said collector, the other moiety to the use of this 
Commonwealth ; which accounts so transmitted by the 
Naval Officer, shall be entered regularly by the collector, 
in a book to be kept for that purpose, mentioning the 
times when received ; and once in every six months, the 
several collectors of excise within this Commonwealth, 
shall transmit to the Secretary of this Commonwealth, a 
fair account taken from the said books of all entries and 
clearances so received. 

And be it further enacted, That from and after the first 
day of September, one thousand seven hundred and eighty- 
four, all laws heretofore in being for the establishment of 



1784. — Chapter 15. 41 

Naval Offices in this Commonwealth, shall be repealed and 
made null and void. 

Provided nevertheless, That for any forfeiture incurred p,ovi8 °- 
by a violation of any of the said laws, before the first day 
of September next, a prosecution may be commenced or 
pursued, and judgment thereon given after that time ; any 
thing in the foregoing act to the contrary notwithstanding. 

July 1, 1784. 

1784. — Chapter 15. 

[May Session, ch. 15.] 
AN ACT VESTING CERTAIN POWERS IN CONGRESS. Chap. 15 

Whereas the United States in Congress assembled, did, Preamble. 
by their resolutions of April the thirtieth, 1784, recom- 
mend to the Legislatures of the several States, to vest the 
said United States with certain powers for a time limited, 
for the purpose " of restraining foreign commerce not 
founded on principles of equality." And whereas it ap- 
pears greatly beneficial to the commerce of the said Stat's, 
that the said recommendations be complied with : 

Be it enacted by the Senate and House of Representa- 
tives in General Court assetvbled, and by the authority of 
the same, That the said United States in Congress as- rowers de 
sembled. be, and they hereby are vested with full power BC 
for the term of fifteen years, to prohibit any goods, wares, 
or merchandize from being imported into, or exported 
from any of the said United States, in vessels belonging 
to, or navigated by the subjects of any power with whom 
the said States shall not have formed treaties of commerce. 

Be it further enacted, That the said United States be, £°? er8 f P r r £ ro n " 
and hereby are vested with full power, for the said term subject* from 
of fifteen years, of prohibiting the subjects of any foreign g0 ods,&c. 
State, Kingdom, or Empire, unless authorized by treaty, 
from importing into the said United States, any goods, 
wares, or merchandize which are not the produce or 
manufacture of the dominions of the Sovereign whose 
subjects they are. Provided* That to all acts of the said Proviso. 
United States in pursuance of the above powers the as- 
sent of nine States shall be necessary. 

And be it further enacted by the authority aforesaid. 
That this act shall not be in force until each and every of 
the United States shall have passed laws vesting Congress 
with the same powers. July 1 , 1784. 



42 1784. — Chapter 16. 

1784. — Chapter 16. 

[May Session, ch. 16.] 

Chap. 16 AN ACT F0R OBTAINING A JUST AND ACCURATE ACCOUNT OF 
THE QUANTITY OF LAND WITHIN THIS COMMONWEALTH, 
GRANTED TO OR SURVEYED FOR ANY PERSON, THE NUMBER 
OF BUILDINGS THEREON, AND OF ITS INHABITANTS, PUR- 
SUANT TO A RESOLVE OF CONGRESS, PASSED THE SEVEN- 
TEENTH DAY OF FEBRUARY, ONE THOUSAND SEVEN HUN- 
DRED AND EIGHTY-THREE. 

Preamble. Whereas the United States in Congress assembled, 

did, on the Ylth day of February last past, resolve in the 
words folloiving, that is to say, " That the Legislature of 
each State be, and they are hereby required, to take sucJi 
measures as shall appear to them most effectual for obtain- 
ing a just and accurate account of the quantity of land in 
such State, granted to or surveyed for any person, the 
number of buildings thereon, distinguishing dwelling houses 
from other buildings, and the number of its inhabitants, 
distinguishing white from black;" which account by the 
said resolve is required to be transmitted and delivered to 
Congress: To carry which resolve into effect within this 
Commonwealth. 

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

Assessors to tJ ie m me, That the Assessors of the several towns, districts 

transmit to ihe -.-.... 

secretary's of. and plantations in this Commonwealth, on or before the 
of land kc iii first day of November next, shall transmit to the office of 
towns'. 081160 "™ the Secretary of this Commonwealth, a just and accurate 
account of the quantity of land in their respective towns, 
districts and plantations, granted to or surveyed for any 
person, the number of buildings thereon, distinguishing 
dwelling houses from other buildings ; and the number of 
inhabitants of all ages and sexes, distinguishing; white 
from black, which w r ere within the same on the first day 
of September, one thousand seven hundred and eighty 
three ; and if there is not, or shall not be Assessors duly 
chosen or appointed, and sworn according to law, in any 
of the plantations within this Commonwealth, to perforin 
the above business seasonably, then it shall be, and it is 
hereby made the duty of the Assessors of the senior adja- 
cent or nearest town thereto, to perform the business in 
the said plantation or plantations, with respect to the 
number of buildings and the number of inhabitants, in the 



1784. — Chapter 10. 43 

same manner and form as if they were in the town where 
the Assessors belong ; and they shall transmit a separate 
list thereof, with the name of the plantation thereto affixed 
and signed by themselves, to the Secretary's office by the 
time aforesaid; and the Secretary is hereby directed to 
add to the said list, the number of acres contained in the 
grant of the said plantation ; and the several Assessors Assessors pay. 
employed as aforesaid, shall be allowed and paid by their 
several towns, districts or plantations, the sum of four 
shillings by the day, for their services, except such as the 
Assessors of any town may in pursuance of this act, per- 
form for any plantation ; and for the services which the 
Assessors of any town may perform for any plantation as 
aforesaid, they shall be severally allowed and paid out of 
the treasury of this Commonwealth, at the rate of six 
shillings per day. 

And be it farther enacted by the authority aforesaid, 
That the said Assessors before they proceed to the per- }*™™ re 10 be 
formance of the duty hereby enjoined on them, shall 
before some Justice of the Peace in the counties to which 
they respectively belong, take the following oath, to wit. 

You A. B. do solemnly swear, that you will faithfully oath, 
and impartially perform and execute the duties enjoined 
on you, by an act of the General Court, entitled, " An act 
for obtaining a just and accurate account of the quantity 
of land within this Commonwealth, granted to or surveyed 
for any person, the number of buildings thereon, and of 
its inhabitants, pursuant to a resolve of Congress, passed 
the seventeenth of February, one thousand seven hundred 
and eighty-three." So help you GOD. 

And the Justices of the Peace respectively before whom ^ e s ^^ c ^ e 
such oath shall be taken, shall make certificate thereof, thereof to the 
which by them shall be delivered to the Assessors depos- P oshTg, who 
ing, and they shall transmit the same to the Secretary's thesame^Tthe 
office, with the account aforesaid ; and any Assessor who l^'S'thf" 
shall refuse or neglect to comply with the duties hereby accouut afore- 
enjoined, shall forfeit and pay the sum of thirty pounds, A8geg80V8 
to be recovered by the Attorney General in any Court neglecting. 

. i i.i-i ii Penalty. 

proper to try the same, who is hereby empowered and 
directed to commence a prosecution for the same, as soon 
as he shall receive official information of such refusal or 
neglect ; and the Secretary is hereby directed on the g£™J«* 



44 1784. — Chapter 10. 

second day of November next, to transmit to the Attorney 
General a list of such towns, districts and plantations, 
from which no such account as is herein before required 
shall have been received ; and the Treasurer is directed 
upon the application of the Attorney General, to furnish 
him so far as may be in the power of the Treasurer, with 
the names of such towns, districts and plantations, as he 
shall request. 

Be it further enacted by the authority aforesaid, That 
Assessors to the Assessors of each town, district and plantation within 

warn the innab- , , • i /• i 

Hants to bring in this Commonwealth, in a convenient time before the said 
land, &c. first clay of November, shall give warning to the inhabi- 

tants in such town, district or plantation, in some public 
meeting, or in such other way as they shall judge expedi- 
ent, to make and bring in to the Assessors at such time 
and place as they shall direct, a true account of the 
number of acres of land within the said town, district or 
plantation, also the number of buildings thereon, distin- 
guishing dwelling houses from other buildings ; together 
with the number of persons in their respective families 
which were within the said town, district or planta- 
tion, distinguishing white from black, on the said first 
day of September, one thousand seven hundred and 
eighty-three ; and if the Assessors shall suspect false- 
hood in any such account, then they shall require the 
person presenting the same, to make oath to the truth 
thereof, which oath may be administered by the Assess- 
Pereona ors, or any one of them ; and if any inhabitant shall 

be doomed. neglect to make return as aforesaid, the Assessors 
shall doom such inhabitant according to their best skill 
and judgment ; and the Assessors are farther directed 
to add to the return of the land and buildings belong- 
ing to the inhabitants of their several towns, districts 
and plantations, the quantity of land, and number of 
buildings within the same, (distinguishing therein as 
aforesaid) belonging to persons who are not inhabitants 
thereof. 

Be it further enacted by the authority aforesaid, That 
'm'ai!' 'm?t .III ac- * nc Secretary be, and he is hereby directed, to make out 
count of lands ;l just and accurate account of all lands lying within this 

not within the •' /» 

limits of towns Commonwealth, granted to, or surveyed tor any person, 

where assessors n < i • '.,1 . .1 t •, n a i ■ j • .1 

are appointed, and not being within the limits ot any town, district or 
plantation where Assessors are appointed. 

July 2, 1784. 



1784. — Chapter 17. 45 

1784. — Chapter 17. 

[May Session, ch. 17.] 

" Chap. 17 



AN ACT GRANTING TO SIMON WILLARD, 

PRIVILEGE OF MAKING AND VENDING CLOCK JACKS FOR 
FIVE YEARS. 



Whereas it appeal's that it will be productive of great Preamble. 
national advantages that every reasonable encouragement 
should be give)} to arts, science, useful inventions, and 
improvements. And whereas Simon Willard q/"Roxbury, 
hath by stud;/ and application, invented a clock jack. 
with a compleat apparatus, wliicJi appears icell calculated 
to answer the end designed, and hath petitioned this 
Court for an exclusive patent for making and vending the 
same: 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That there be granted unto the said Exclusive right. 
Simon Willard, the sole and exclusive right to make and 
sell his said clock jacks, within this Commonwealth for 
and during the term of five years next ensuing. 

And be it further enacted by the authority aforesaid, 
That no person shall, from and after the passing of this no person to 
act, and during the said term of five years, make, sell, or withouTuJence. 
utter clock jacks in imitation of those invented by the said 
Willard, without his licence and approbation. 

And be it further enacted by the authority aforesaid, 
That if any person shall, from and after the passing persons pre 
this act, and during the said term of five years, make, suming - 
sell, or utter clock jacks as aforesaid, he, she, or they 
so offending, shall, for every such offence, forfeit and Penalty. 
pay the sum of six pounds, one moiety thereof to the 
use of this Commonwealth, and the other moiety to 
the person who shall sue for the same, to be recovered 
in an action of debt, in any Court proper to try the 
same. 

Provided always, and be it enacted by the authority 
aforesaid, That the .said jacks, shall at no period during price not to ex. 
the said term of live years, be sold by the said Willard ceed£ - 3 - 
for a greater sum than three pounds, and the said exclu- 
sive right granted in manner as aforesaid, shall cease and 
determine immediately upon the said jacks being raised 
by the said Willard to a greater sum. Jul?/ 2, 1784. 



46 



1784. — Chapter 18. 



Chap 



Duty of fo in- 
pence per ton 
on every vessel 
not belonging 
to either of the 
United States. 



Where disputes 
arise, touching 
the number of 
tons, two meet 
poisons to be 
chosen to meas- 
ure the vessel. 



1784. — Chapter 18. 

[May Session, ch. 18.] 

^g AN ACT IN ADDITION TO AN ACT PASSED THE TWENTY- 
SECOND DAY OF OCTOBER, IN THE YEAR OF OUR LORD, 
ONE THOUSAND SEVEN HUNDRED AND EIGHTY-THREE, 
ENTITLED, "AN ACT MAKING PROVISION FOR THE SUPPORT 
AND MAINTENANCE OF LIGHT HOUSES, ON THE SEA COASTS 
OF THIS 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 paid by the master of 
every vessel not belonging to this or either of the United 
States, from and after the tenth day of July inst. a duty 
of four pence per ton for every ton such "vessel shall 
measure, into the hands of the naval officer of the port 
where the said vessel shall clear out, previous to the clear- 
ing the same ; which duty shall be collected and appro- 
priated in the same manner as is provided in the act to 
which this act is in addition. 

And be it further enacted, That where any dispute shall 
arise between the naval officer and the master of any 
vessel, subject to the payment of the aforesaid duty, 
touching the number of tons such vessel really measures, 
the said naval officer and the master of the said vessel 
shall appoint two meet persons, one to be chosen by the 
said naval officer, and the other by the said master, to 
measure the said vessel ; and the said master shall pay 
for so many tons as the said persons so chosen shall judge 
and determine the said vessel doth really measure. And 
if any master shall refuse or neglect to agree with the 
naval officer in the appointment of such appraisers, any 
Justice of the Peace within the county where such naval 
officer dwells, upon his application, shall be, and hereby 
is empowered to appoint three discreet persons to the 
performance of the said business, who shall be sworn to 
the faithful and impartial discharge of their trust, who 
having under their hands certified their judgment therein, 
the same shall be conclusive and binding. 

July 2, 1784. 



1784. — Chapter 19. 47 



1784. — Chapter 19. 

[May Session, ch. 19.] 
AN ACT FOR THE REGULATION OF SEAMEN. 



Chap. 19 

Preamble. 



Whereas great loss and damage is frequently occasioned 
to trade and navigation, by seamen deserting their employ 
or voyage they are entered upon, or being taken off from 
the same, by arrest for debt or pretence thereof: For 
remedy whereof, 

Be it enacted by the Senate and House of Representatives 
in General Court assembled, and by the authority of the 
same, That if any innkeeper, victualler, seller of wine or No attachment 

i« i -i ,i l or other process 

strong liquors, shopkeeper or any other person wnatso- for debt, to be 
ever, shall trust or give credit to any mariner or seaman, seaman! P when y 
belonging to any ship or other vessel, without the knowl- , e °^ ag ,! dina 

o o v i voyage. 

edge and allowance of the master or commander thereof, 
no attachment or any other process for any debt so con- 
tracted without knowledge and allowance as aforesaid, 
shall be granted against, or served upon the person of 
such mariner or seaman, until he shall have performed the 
voyage he is then entered upon, and be discharged of the 
same ; and every process issued contrary hereunto and 
the serving thereof, shall be deemed and adjudged utteily 
void in law. And any Justice of the Peace within the 
same county before whom it shall be made to appear that 
any mariner or seaman is committed or restrained upon 
process granted for any debt or pretence of debt made 
whilst he was engaged and actually entered and in pay on 
any vo}^age, shall forthwith order his release. 

Be it further enacted, That if the master or commander Penalty for ship. 
of any ship or other vessel, shall ship any seaman, know- kn^ug'them 
ing him to be first entertained and shipped on board o^rvefaeu. 
another ship or vessel, or after notice thereof given him 
shall not forthwith dismiss him, every such master or 
commander so offending, being thereof convicted, shall 
forfeit and pay the sum of five pounds, to the use of him 
or them who shall sue for the same, in any Court of 
Record proper to try the same ; and such seaman so ship- 
ping himself, being under the obligation of a former 
contract, shall forfeit and pay the value of one month's 
wages that he shall so agree for, to be recovered, em- 
ployed and disposed of in manner as aforesaid. 



48 



1784. — Chapter 20. 



Seamen neg- 
lecting their 
attendance and 
duty, when en- 
gaged. 



Penally. 



Be it further enacted, That if any mariner or seaman 
having shipped himself on board any ship or other vessel 
which hath been launched, or is actually preparing for 
sea, to proceed in any voyage, and under pay, (the same 
being made to appear by his hand set to the master's 
book, shipping paper or other writing of such agreement) 
shall neglect his attendance and duty on board, and absent 
himself from his said service, upon complaint thereof made 
on oath by the owner, master, or other officer of the said 
ship or vessel, to any Justice of the Peace within the 
same county, such Justice is hereby empowered to cause 
such mariner or seaman to be forthwith brought before 
him by warrant, and upon conviction of his absenting 
himself as aforesaid, to commit him to prison that he may 
be secured, and forthcoming to proceed on the voyage 
he has so agreed to, and to be delivered by order of the 
Justice that committed him, or some other Justice in the 
same county. July 5, 1784. 



Chap. 



Preamble. 



Society incor- 
porated. 



1784. — Chapter 20. 

[May Session, ch. 20.] 

20 AN ACT T0 INCORPORATE THE CHURCH AND CONGREGATION IN 
THE DISTRICT OF ORANGE, IN THE COUNTY OF HAMPSHIRE, 
WHEREOF THE REVEREND MR. EMERSON FOSTER IS THE 
PRESENT MINISTER, INTO A SOCIETY, HY THE NAME OF THE 
CONGREGATIONAL SOCIETY IN ORANGE. 

Whereas the Church and Congregation aforesaid have 
applied to this Court, setting forth in their petition, that 
by subscriptions they are now possessed of about one thou- 
sand pounds, and have good encouragement of making an 
addition to that sum, so as to make a capital of twelve 
hundred pounds in the tvhole, and praying that they may 
have trustees appointed, and a succession tJiereof established 
and incorporated, vested with powers to take care of all the 
donations and subscriptions of every kind, and apply the 
interest and income thereof to the support of a learned 
Protestant Congregational Minister in the said society : 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That the church and congregation 
in the district of Orange, whereof the Reverend Mr. Em- 
erson Foster is the present minister, be, and they are 



1784. — Chapter 20. 49 

hereby incorporated into a society, by the name of the 
Congregational Society in Orange. 

And be it further enacted by the authority aforesaid, 
That Nathan Goddard, Hananiah Temple, Benjamin Trustees de- 
Mayo, Edward Ward, and Ebenezer Fosket, the present corporate^ 
trustees of the said congregational society, and those that 
shall be annually chosen forever hereafter by the said 
society to the same office, shall be, and they are hereby 
declared a body corporate, by the name of the Trustees 
of the Congregational Society in Orange; and they are 
hereby incorporated for the special purposes following, 
viz. To receive all tjie donations, subscriptions, securities Purposes of in. 
and monies, now in the hands of the said society, and also colpor 
to receive further donations so as to raise a capital sum 
not exceeding fifteen hundred pounds. And all bonds, 
mortgages, or other lawful securities, that have been 
made, or shall be hereafter made, not increasing the whole 
sum to more than fifteen hundred pounds as aforesaid, to 
the said Nathan Goddard, Hananiah Temple, Benjamin 
Mayo, Edward Ward, and Ebenezer Fosket, or their 
successors as trustees as aforesaid, shall be, and are 
hereby declared good and valid to all intents and pur- 
poses. And that the said sum of twelve hundred pounds, 
or a sum not exceeding fifteen hundred as aforesaid, when 
raised, shall be by the said trustees put on interest, they 
taking good security therefor, and annually applying the 
interest arising from the same to the use and support of a 
learned congregational minister, resident in the said dis- 
trict of Orange, and officiating in the work of the ministry 
with the aforesaid congregational society, forever. And 
the said trustees and their successors, or the major part Trustees im. 

e ii~ i i.i j. c ' l powered to sue 

ot them, by the corporate name aforesaid, may appear, and defend. 
plead, sue and defend, in any Court proper to try the 
same within this Commonwealth, in all matters touching 
such securities, when directed thereto by a vote of the 
said society. 

And be it further enacted, That all male persons who Qualified voters 
usually assemble with the aforesaid church and congrega- jngs? ciety meet 
tion for public worship, and are qualified by law to vote 
in town affairs, shall have a right to vote in the said 
society meetings. 

And be it farther enacted, That if at any time hereafter, Trustees to a P - 
there shall be no settled minister in the said church and Buppiyfng 8 the r 
society, then, and in that case, the trustees for the time j2S£25£ter. 



50 1784. — Chapter 20. 

being, are empowered to apply so much of the aforesaid 
interest for supplying the pulpit with preaching, as shall 
be necessary, under the orders and directions of the society, 
until a minister shall be regularly settled with the said 
society of the denomination aforesaid. 
fSettJg caU And be it further- enacted, That the said Nathan 
annually. Goddard, Hananiah Temple, Benjamin Mayo, Edward 

Ward, and Ebenezer Fosket, the present trustees, and 
their successors in that office, be, and are hereby directed 
to call a meeting of the society annually forever, on the 
fourth Wednesday of March, to choose trustees, and 
transact such other matters as shall be for the benefit and 
well being of the said society, which meeting shall be 
called by posting up a notification at the meeting house 
of the congregational society aforesaid, containing all the 
particulars to be acted upon, ten days at least before 
the time of meeting. And if at any annual meeting, or 
other meeting therefor, the society shall neglect to 
choose trustees, then the last trustees shall continue 
vested^ with all the powers aforesaid, until others shall 
Trustees ac- j je chosen in their stead. And the present trustees and 

countable to the . • * 

society. their successors in office, are hereby made accountable 

to the said society, and may be removed from office for 
misdemeanor therein, and others chosen in their stead, 
at a society meeting called therefor, and notified as is 
before directed. 

Empowered to j^ n d jj e ft further enacted, That the said trustees and 

call meetings at. ■ / ' 

other times be- their successors, be, and they are hereby directed and 

sides the annual ■, . ,, .. ,. ,, . -. . . . 

meetings. empowered, to call meetings ot the said society at any 

other times besides the annual meetings, when there shall 
be occasion therefor, or when requested thereto, in writ- 
ing by five or more of the society who are lawful voters 
therein, according to the foregoing description ; but if 
the trustees shall neglect or refuse to call a meeting when 
requested thereto as aforesaid, then and in that case, upon 
the request of five or more of the society qualified as afore- 
said, to a Justice of the Peace in the same county, he 
shall issue his warrant directed to some principal member 
of the said society, to notify a meeting thereof as is before 
directed, to act on the particulars mentioned in the request. 

July 5, 1784. 



1784. — Chapter 21. 5l 

1784. — Chapter 21. 

[May Session, ch. 21.] 

AN ACT FOR ERECTING A DISTRICT WITHIN THE COUNTY OF (JJ lCW 21 
SUFFOLK, BY THE NAME OF DOVER. "' 

Whereas (he inhabitants of the fourth precinct in the rreambie. 
town of Dedham, in the said county, have repeatedly and 
earnestly petitioned this Court, that they may be incorpo- 
rated into a district, and it appears that they labor under 
great difficulties in their present situation: 

Be it therefore enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That the said fourth precinct in Dover incorpo- 
Dedham, be, and it hereby is incorporated into a district, 
by the name of Dover, with all the powers, privileges and 
immunities, of incorporated districts, viz. Beginning at Boundaries. 
Bubling brook, so called, where it crosses Medfield road ; 
and from thence taking in the lands of Samuel Chicker- 
incj , deceased ; and" from thence to the westerly end of the 
house lot of Nathaniel Richards; and thence by the house 
lot aforesaid, to Charles River; with all the lands and 
inhabitants west of the said line, within the said precinct. 

Provided, That the freeholders and inhabitants of the to pay their 
said district of Dover, shall pay their proportion of all Faxe^air'eady 
taxes now assessed by, and debts due from the said town assesBed - 
of Dedham; and that the said district of Dover, relinquish 
all their right, title and interest, in and to the workhouse, 
school money, and all donations and other public privi- 
leges in the said town of Dedham. 

And be it enacted by the authority aforesaid, That the Poiis&c in 
polls and estates in the said district of Dover, that were Euclid from 
returned by the assessors for the said town of Dedham, Dedham - 
on the last valuation, which then belonged to the said 
town of Dedham, be deducted from the return made by 
the said assessors, and be placed to the said district of 
Dover until another valuation shall be taken. 

And be it further enacted, That Stephen Metcalf, Esq ; Stephen Met- 
be, and is hereby empowered to issue his warrant, directed a meeting. 
to some principal inhabitant within the said district of 
Dover, requiring him to warn the freeholders and other 
inhabitants within the said district of Dover, qualified to 
vote in district affairs, to assemble at some suitable time 
and place in the said district, to choose such officers 



52 1784.— Chapter 22. 

as shall be necessary to manage the affairs of the said 
district. 
To join with And it is further enacted. That the selectmen of the 

Dedham in the » r> ii • • /• 

choice of a Rep- town of Dedham, fifteen days at least before the time of 
choosing a Representative for the said town, shall give 
notice of the time and place by them ordered for that 
purpose, in writing, under their hands, to the selectmen 
of the said district of Dover, to the intent, the selectmen 
of the said district may issue their warrant to the constable 
or constables of the said district, to warn the inhabitants 
thereof to meet with the said town of Dedham, at time 
and place so appointed for the choice of a Representative. 

July 7, 1784. 

1784. — Chapter 22. 

[May Session, ch. 22.] 

Chap. 22 AN ACT F0R REGULATING THE FEES AND FORMS IN THE 
^' NAVAL OFFICES WITHIN THIS COMMONWEALTH. 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the 
same, That there be demanded and received in each Naval 
Office in this Commonwealth, the fees following, and no 
greater, that is to say, 

For every register and recording the same, four shil- 
lings, exclusive of the Secretary's fee. 

For endorsing every register and recording the same, 
one shilling. 

For entering every ship and other vessel from any port 
in this Commonwealth, two shillings. 

For clearing every ship and other vessel for any port in 
this Commonwealth, two shillings. 

For entering every ship and other vessel from any other 
of the United States of America, four shillings. 

For clearing every ship or other vessel for any other of 
the United States of America, four shillings. 

For entering every ship and other vessel from a foreign 
voyage, ten shillings. 

For clearing every ship and other vessel on a foreign 
voyage, ten shillings. 

For every bond, one shilling and six pence. 

For every certificate to cancel a bond, one shilling and 
six pence. 

For every permit to unlade, one shilling. 



Fees. 



1784. — Chaptek 22. 53 

For every cocket, one shilling and six pence. 

For every bill of health, two shillings. 

For every bond and certificate coastways, six shillings. 

For every pass by any garrison or guard, (coasters ex- 
cepted) one shilling. 

For receiving and entering the report of every fishing 
vessel, and vessel carrying wood and lumber coastwise, 
and a certificate thereof, six pence. 

And be it further enacted, That the forms following be 
used in the said offices, when forms are required, viz. 

[Form of a register .~\ 

Commonwealth of Massachusetts. 

In pursuance of an act of this Commonwealth, made ^° e r ™ ofareg " 
and passed in the year of our Lord, one thousand seven 
hundred and eighty-four, Providing, That all vessels of 
fifteen tons and upwards, should be provided with 
registers, of in the 

maketh oath that the whereof is at 

present master, being a sterned vessel, of the 

burthen of tons, or thereabouts, was built at 

in the year of our Lord, one thousand seven 
hundred and and that at 

present owner thereof. 

Sivorn before and recorded by 

Dated at the day of in the year of 

our Lord, one thousand seven hundred and and 

in the year of the Independence of the United 

States of America. 

Governor. 
Attest. Secretary. 

[Form of a bond given by coasters.'] 

Know all men by these presents, That are Bond given by 

holden and stand firmly bound unto Esq ; 

Treasurer of the Commonwealth of Massachusetts, in the 
sum of one hundred pounds lawful money, to be paid unto 
the said Esq., or his successor in the said 

office, for the use of the said Commonwealth. To which 
payment well and truly to be made, we bind ourselves, our 
heirs, executors and administrators, (jointly and severally) 



54 1784. — Chapter 22. 

firmly by these presents. Sealed with our seals. Dated 
at the port of in the said Commonwealth, 

the day of A. D. 178 

The condition of this obligation is such, That whereas 
by a law of this Commonwealth, made and passed in the 
year of our Lord, one thousand seven hundred and eighty- 
four, entitled, " An act for establishing Naval Offices in 
this Commonwealth : " It is enacted, That the owner or 
master of every ship or vessel employed in the fishing 
business, or in carrying wood or lumber coastways, and 
of all boats and lighters above the burthen of fifteen tons, 
employed in transporting goods, shall once every year 
enter into good and sufficient bonds at the Naval Office of 
the port where such ship, vessel, boat or lighter belongs, 
to the Treasurer of this Commonwealth, in the penal sum 
of one hundred pounds, with condition to observe, keep 
and obey all ordinances, acts and resolves, either of the 
United States in Congress assembled, or of this Common- 
wealth, respecting trade and navigation. And whereas 
the said of the burthen about 

tons, proposes to emplo}'' the said in the 

business of for the term of one year from the date 

hereof. Now therefore, if the said shall well and 

truly observe and perform the conditions aforesaid, in the 
said act mentioned, according to the true intent and 
meaning thereof, then this obligation to be void and of no 
effect, otherwise to remain in full force and virtue. 
Signed, sealed, and delivered in 
presence of 

\_Form of certificate for coasters, &c.~\ 

Common wealth of Massachusetts. 
Port of 
coMter^&c! 1 These certify all whom it may concern, That of 

the burthen tons, or thereabouts, navi- 

gated with men, which the said proposes 

to employ in the business of for the term of one 

year from the date hereof, has this day entered into bonds 
at my office, to the Treasurer of this Common wealth, 
agreeable to a law of the same, intitled, "An act for 
establishing a Naval Office in this Commonwealth ; " the 
said has therefore full sufferance to pass and 



1784. — Chapter 22. 55 

repass from any port, harbour or place, to any other port, 
harbour or place, within this Commonwealth, for the term 
of one year from the date hereof, and no longer. 

Given under my hand and seal of office, the day 

of in the year of our Lord, one thousand seven hun- 

dred and Naval Officer. 

[Form of a bill of health.'] 
Commonwealth of Massachusetts. 

Port of 

To all to. whom these presents shall come. 

Naval Officer for the port of bui of health. 

in the said Commonwealth, sends, ^ .. 

Greeting. 

"Whereas master of the 

burthen about tons, and navigated by 

men, now lying in the harbour of 

and by GOD's grace, bound for is 

now ready to proceed on the said voyage ; and it being 

just and proper to prevent, if possible, any suspicions 

that may arise in the minds of any persons, on account of 

any supposed infectious disease on board the said vessel : 

Therefore foiow ye by these presents, That there is not 
in the said port of any pestilence or con- 

tagious distemper whatever. 

In testimony whereof, the said has 

hereunto affixed the seal of his office, and subscribed his 
name. 

Dated at aforesaid, the day 

of and in the year of American 

Independence, and in the year of our LORD, one thousand 

seven hundred and AT , ^^, 

Naval Officer. 

[Form of a jjermit to x>ass forts, &c.~] 
Commonwealth of Massachusetts. 
Port of 
Permit the master, navigated with rermittopass 

, n . . , forts, &c. 

men, mounted with guns, 

bound for to pass the forts and guards. 

Naval Officer. 
To the commanding officer of the several > 
fortresses and guards in the harbour of \ 



56 



1784. — Chapter 22. 



Clearance. 



Cocket. 



Short clearance. 



Permit to load. 



[Form of a clearance.] 
Commonwealth of Massachusetts. 

Port of B. 

These certify all whom it doth concern, That G. D. 
master or commander of the burthened 

tons, or thereabouts, navigated with men, mounted 

with guns, has permission to depart from this port, 

with the following articles, viz. 

And these are further to certify, That it appears by the 
original register, now produced to me, that the above men- 
tioned was registered at E. the 
day of A. D. 178 

Given under my hand and seal of office, at B. aforesaid, 
the day of in the year of our LORD, 

one thousand seven hundred and 

A. B. Naval Officer. 

[Form of a cocket.] 

Commonwealth of Massachusetts. 

Port of B. 
This may certify, That C. D. master of the 
who cleared out from this office the day of 

A. D. 178 for has permission to take on 

board the said 

Given under my hand and seal at B. aforesaid, the 
day of * A. D. 178 

A. B. Naval Officer. 

[Form of a short clearance.'] 
Commonwealth of Massachusetts. 

Port of B. 
This may certify, That C. D. master of the 
now in the harbour of B. and bound for 
is hereby permitted to take on board the said 
stores, and proceed from hence to aforesaid. 

A. B. Naval Officer. 

[Form of a permit to load.] 

Commonwealth of Massachusetts. 

Port of B. 
This may certify, That C D. master of the 
has permission to take on board the said 



unload. 



1784. — Chapter 23. 57 

designed to be shipped to the follow- 

ing articles, viz. 

Given under my hand at B. aforesaid, this 
day of 178 

A. B. Naval Officer. 

[Form of a permit to unload.'] 
Commonwealth of Massachusetts. 

Port of B 

This may certify, That C D. master of the £*™" t0 

lately arrived from has conformed to the laws 

of this Common wealth, so far as to have permission to 
unload from the said the following articles, viz. 

Given under my hand at B. aforesaid, this day of 

178 A. B. Naval Officer. 

[Form of a certificate to cancel a bond.] 
Commonwealth of Massachusetts. 

Port of B. 
These may certify, That there hath been landed here, certificate to 
out of the whereof C. D. is master, cancel a bond - 

which appears by certificate, dated the day of 
to have been shipped and laden at the port of B. 

Given under my hand and seal, at B. the day of 

in the year of our Lord, one thousand seven hun- 

dred and A. B. Naval Officer. 

And it is further enacted, That all the laws and resolves Former laws & 
heretofore made, so far as they relate to the forms and in^tofoVrnVsc 
fees in the naval offices in this Commonwealth, from and fees . re P ealed - 
after the first day of August next, shall be repealed and 
be null and void. July 7, 1784. 

1784. -Chapter 23. 

[May Session, ch. 23.] 

AN ACT FOR INQUIRING INTO THE RATEABLE PROPERTY OF CJlCtn 23 
THIS COMMONWEALTH. * ' 

Whereas it is expedient that a neiv valuation should be 
taken : 

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



58 1784. — Chapter 23. 

each e Town°&c. ^ ie same > That the Assessors of each town, district and 
lod^ehTthe plantation, within this Commonwealth, chosen for the 
secretary's of- year one thousand seven hundred and eighty-four, shall, 
th C e e i8t n o°i' l Nov. y on oath, take and lodge in the Secretary's office, on or 
feTtnttBofp^iiB before the first day of November next, a true and perfect 
& estates, &c. j}^ according to their best skill and judgment, agreeable 
to a list and schedule settled by the General Court at the 
present session, and recorded in the Secretary's office, a 
printed copy of which shall be by the Treasurer of this 
Commonwealth sent to the clerk of each town, district and 
plantation therein, containing an account of all male polls, 
including negroes and mulattoes, sixteen years old and 
upwards, whether at home or abroad, distinguishing such 
as bylaw are exempted from rates ; and of all real estates, 
improved or not improved, lying within their respective 
towns, districts and plantations ; by whom occupied or 
possessed, whether in his own right or the right of others ; 
and of the barrels of cyder which can be annually made 
upon the whole farm ; and of the tons of vessels and small 
craft of five tons and upwards, at home or abroad; and 
of every person's whole stock in trade, goods, wares and 
merchandize, at home or abroad, paid for or not paid for ; 
and of all factorage or value of commissions on merchan- 
dize annually ; and of the whole number of horses, neat 
cattle, sheep, goats, and swine, distinguishing them agree- 
able to the columns in the said list; and of the ounces of 
silver plate ; and of all debts due to any persons, on 
interest or not on interest (excepting government securi- 
ties and Continental loan-office certificates) more than 
they are indebted ; and of all monies on hand, on the 
first day of September, one thousand seven hundred and 
eighty-four. 
Proviso. Provided nevertheless, That the following persons, viz. 

The President, Fellows, Professors, Tutors, Librarian, 
holding no other post of profit, and Students of Harvard 
College, who have their usual residence there, and settled 
Ministers of the Gospel, and Grammar School Masters, 
shall be exempted out of this act, so far as relates to their 
polls, and their real and personal estate under their own 
actual improvement, and lying within the town whereof 
they are inhabitants. 
Assessors to be Provided also, That all the estate of Harvard Colleae, 

sworn. -I1111' itt liic' 

and lands belonging to the Indians, are excluded from 
this act. And the said Assessors shall cause all the 



1784. — Chapter 23. 59 

columns of the several articles contained in their several 
lists, to be carefully cast up and footed ; and before they 
enter on the business assigned them by this act, they shall 
take the following oath, viz. 

You A. B. being; chosen Assessor for the town, dis- Form of the 

o 7 oath 

trict and plantation of C. for the year one thousand seven 
hundred and eighty-four, do swear, that you will faith- 
fully and impartially, according to your best skill and 
judgment, do and perform the whole duty of an Assessor, 
as directed and enjoined by an act of this Commonwealth, 
made in the present year, entitled, " An act for inquiring 
into the rateable property of this Commonwealth," with- 
out favour or prejudice. So help you GOD. 

Which oath, in such town, district and plantation where 
no Justice of the peace dwells, shall be administered by 
the town, district and plantation Clerk, who is hereby 
empowered and directed to administer the same ; and Assessors refus- 

I ing to take such 

every Assessor who shall have been chosen by any town, oath. 
district and plantation, in the year one thousand seven 
hundred and eighty-four, and accepted such office, and 
who shall refuse to take such oath, shall forfeit and pay Penalty, 
the sum of twenty pounds; and every person not neces- Persons refus- 
sarily out of the State viz. on and from the day of September l" g the Assess- 
next, to the first day of October next (in which cases they required?™ ac - 
shall be doomed by the Assessors as hereafter expressed) rateable estate. 
who shall refuse or neglect to give such Assessor or 
Assessors, in writing and on oath, if required (which the 
Assessors are respectively empowered to administer) a 
true account of his rateable estate, agreeable to the true 
intent of this act, shall be doomed by the Assessors 
according to their best skill and judgment, and shall for 
each offence forfeit and pay the sum of twenty pounds : Penalty. 
Which oath shall be in the form following, viz. 

You C. D. do swear, that the account now exhibited ^ ) t r ™ ofthe 
by you, is to the best of your knowledge and judgment, 
a full account of your rateables, agreeable to the list now 
exhibited to you. So help you GOD. 

Be it further enacted, That the Assessors of each town, Assessors to 
district and plantation in this State, for the year one thou- secretary's of. 
sand seven hundred and eighty-four, shall, by the afore- fhe ™i C u°a P uon! 
said first day of November next, transmit to the Secretary's ^^^ 
office, an authentic copy of the valuation, and state bill made for 1783. 



00 1784. — Chapter 24. 

by which the taxes in their particular towns, districts and 

plantations were made, for the year one thousand seven 

uegie'a. for hundred and eighty-three ; and each Assessor who shall 

neglect his duty therein, shall forfeit and pay the sum of 

twenty pounds. 

Si^act'hLw by And be it further enacted, That all fines and forfeitures 

recovered ami arising by this act, may be recovered by action of debt, 

in any Court proper to try the same, one moiety thereof 

to him or them who shall sue for the same, and the other 

moiety thereof to the use of the Commonwealth. 

iuTiisfof na e e And be it further enacted, That every person in each 

able estate of town within this State, shall give in to the Assessors, a 

which they are • * o * 

possessed onthe list of such rateable estate, agreeable to this act, such 
ep t. , . p erson j s possessed of, on the first day of /September, one 
thousand seven hundred and eighty-four. 
ml£odto P make ^ e ^ a ^ so enacted, That all those persons who profess 
affirmation un- themselves to be Quakers, shall, instead of taking either 
and penalties of the oaths in form aforesaid, if required, be permitted 
to make his or her solemn affirmation or declaration, 
under the pains and penalties of perjury. And every 
Assessor shall be allowed out of the treasury of his 
respective town, the sum of four shillings, for every day 
he shall be necessarily employed in doing the duty en- 
joined by this act. July 8, 1784. 



1784. — Chapter 24. 

[May Session, ch. 24.] 

Ckap. 24 AN ACT T0 EMPOWER THE TREASURER OF THIS COMMON- 
1 ' WEALTH, TO RECEIVE CERTIFICATES FROM THE COMMIS- 

SIONER OF LOANS IN THIS STATE. IN PART OF THE TAXES 
GRANTED IN COMPLIANCE WITH THE REQUISITION OF CON- 
GRESS, OF OCTOBER THIRTIETH, ONE THOUSAND SEVEN 
HUNDRED AND EIGHTY-ONE, FOR THIS STATE'S PROPOR- 
TION OF EIGHT MILLIONS OF DOLLARS; AND TO APPLY A 
PART OF THE SAID TAXES FOR THE PAYMENT OF THE 
DEBTS OF THIS COMMONWEALTH. 

Preamble. Whereas the United States in Congress assembled, on 

the twenty -seventh day of April last, resolved, that no more 
titan one-half of the requisition of October thirtieth, one 
thousand seven hundred and eighty-one, for eight millions 
of dollars, should be called into payment within the course 
of the present year; and on the twenty-eighth day of the 
same April, further resolved, that of the purposes for which 
the same was wanting, one fourth part might be effected 



1784. — Chapter 24 61 

by a discount of the demands of the holders of certificates of 
the Loan Office, and other liquidated debts: And whereas 
no jwovision has hitherto been made, for raising this 
/State's proportion of one million two hundred thousand 
dollars, required and apportioned by the resolutions of 
Congress, of September the fourth and tenth, one thou- 
sand seven hundred and eighty-two, for the purpose of 
paying the interest of the public debt. 

Be it therefore enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That the Treasurer of this Common- Treasurer di- 
wealth, be, and he hereby is directed, to receive such certifi- ceive'certatn 
cates as the Commissioner of Loans in this State is, or shall parVff^taxe". 
be authorized by Congress, to issue in favour of the holders 
of loan office certificates, or certificates of other liquidated 
debts contracted in this State, to the amount ol two hun- 
dred ninety-three thousand, five hundred and thirty dol- 
lars, in part of the said taxes granted in compliance with 
the resolution of Congress aforesaid, or any other taxes 
now outstanding, or that may hereafter be levied ; the 
said Treasurer taking care that the collection of specie on 
the said taxes, shall proceed at least in equal proportion 
with the operation of discount, by the certificates aforesaid. 

And be it further, enacted, by the authority aforesaid, 
That the Treasurer of this Commonwealth be, and he Treasurer ai- 
hereby is authorized and directed, to continue to pay to tf n C ue d to pay n 
the Receiver of Continental Taxes, all the- monies, or such ^"continental 
notes as he has hitherto been authorized to pay the said receiver, 
receiver, as soon as the same shall come into the treasury, 
until he shall have compleated the sum of three hundred 
and four thousand, five hundred and ninety-one dollars, 
since the thirty-first of December last. 

And be it further enacted by the. authority aforesaid, 
That the Treasurer of the Commonwealth be, and he Empowered to 
hereby is further empowered, to apply the sum of one fo^certaitfpur- 
hundred and twenty thousand pounds, part of the second poses - 
moiety of the taxes granted as aforesaid, in the manner 
following, to wit. Forty thousand pounds thereof for the 
payment of the interest of the consolidated securities 
given by the Treasurer of the Commonwealth, and the 
residue of the same sum for the discharge of the debts 
due from this Commonwealth, in the same manner as if 
the said sum had been originally granted for the sole use 
of the Commonwealth. July 9, 1784. 



62 



1784. — Chapter 25. 



1784. — Chapter 25. 

[May Session, ch. 25.] 



Chap. 



9r AN ACT FOE, APPORTIONING AND 



Preamble. 



Each town 
assessed as 
charged in the 
schedule. 



ASSESSING A TAX OF ONE 
HUNDRED AND FORTY THOUSAND POUNDS, FOR THE SOLE 
PURPOSE OF REDEEMING THE ARMY NOTES, ISSUED PUR- 
SUANT TO AN ACT OF THIS STATE, PASSED THE FIFTH DAY 
OF JULY, 1781, AND PAYABLE IN THE YEARS 1784, AND 1785, 
AND FOR RAISING THE FURTHER SUM OF ELEVEN THOU- 
SAND AND THIRTY-FIVE POUNDS, SIX SHILLINGS AND SIX 
PENCE, FOR THE PURPOSE OF, REPLACING THE SAME SUM 
WHICH HATH BEEN PAID OUT OF THE TREASURY TO THE 
REPRESENTATIVES, FOR THEIR ATTENDANCE ON THE FIVE 
LAST SESSIONS OF THE GENERAL COURT, VIZ. FROM NOVEM- 
BER, ONE THOUSAND SEVEN HUNDRED AND EIGHTY-TWO, 
TO MARCH, ONE THOUSAND SEVEN HUNDRED AND EIGHTY- 
FOUR. 

Whereas it is necessary that provision be made for the 
payment of the army notes, issued by the Treasurer of this 
Commonwealth, pursuant to an act passed the fifth day of 
July, 1781 : 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the 
same, That each town and other place within this Com- 
monwealth, he assessed and pay the sum with which it is 
charged in the schedule of this act, viz. 



1784. — Chapter 25. 



63 



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64 



1784. — Chapter 26. 



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1784. — Chapter 25. 



65 



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1784. — Chapter 25. 77 

And be it enacted by the authority aforesaid, That the 
Treasurer of this Commonwealth do forthwith issue his 
warrant, directed to the selectmen or assessors of each 
town or other place within this Commonwealth that are 
(axed, requiring them respectively to assess the sum 
hereby set upon such town or other place, in manner 
following, that is to say, to assess the male polls above 
the age of sixteen years, within their respective towns or 
other places next adjoining to them, belonging to no other 
town or place, including negroes and mulattoes, and such 
of .them as are under the government of a master or 
mistress, to be taxed to the said master or mistress 
respectively, in the same manner as minors and appren- 
tices are taxed, at eleven shillings and eight pence each, 
on the sum contained in the schedule of the tax, and the 
remainder of the sum set to each town or other place, 
after deducting the amount of the sums assessed on 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 other 
place respectively, possessed on the first day of September 
next, in his own right or the right of others, lying within 
the said town or place, improved or not improved. 

Provided always, That where land or other real estate 
is let or leased out, if the person or persons to whom 
the same is let or leased, shall refuse or neglect to pay 
the said assessment for the space of three months from the 
time prefixed for the payment of such tax ; and if the col- 
lector or collectors to whom such assessment shall be 
committed, cannot within the said three months find any 
estate belonging to such tenant, sufficient to pay the 
same, then such collector or collectors shall proceed to 
sell so much of the said real estate as will amount to the 
tax set on such estates, together with the charges of such 
sale, in the same manner as is provided by this act for the 
sale of lands belonging to non-resident proprietors for 
the payment of taxes, and also on the inhabitants of such 
town or place according to the proportion of the amount 
and just value of their whole personal estate, including 
money at interest more than they pay interest for, (ex- 
cepting only 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 and merchandize, stock in trade, 



78 1784. — Chapter 25. 

i 

vessels of .ill 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 all kind 
of produce of the land, and all other property whatsoever, 
excepting household furniture, wearing apparel, farming 
utensils, and the tools of mechanics, on the first day of 
September next; and the assessors in their respective 
towns or other places shall estimate all the before enu- 
merated articles at six per cent, upon the real value of the 
same in the places where they are, except what is justly 
denominated unimproved lands, which shall be estimated 
at two per cent, on the real value 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 profits gained by trading by sea 
and on shore : And the Treasurer in his said warrant shall 
likewise require the several assessors to make a fair list 
of the said assessment, setting forth in distinct columns 
against each person's name how much he or she is assessed 
at for polls, how much for real estate, how much for 
personal estate, and Iioav much for faculty as aforesaid ; 
and if as guardian for any estate in his or her improve- 
ment in trust, to be distinctly expressed, and shall also 
insert upon their rate bills the number of acres of unim-, 
proved land which they have taxed on each of the non- 
resident proprietors of lands within their respective towns 
or other places, and also the value at which they have 
estimated the same ; and the list or lists so perfected 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 collectors, constable or 
constables, with the sum total to each of them respectively 
committed unto himself, some time before the first day of 
December next ; and on the failure thereof, each assessor 
so refusing or neglecting his duty herein, shall be subject 
to pay a fine of twenty pounds, to be recovered by exe- 
cution 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 charges 
thereof; and in case of neglect by the assessors, in making 
returns as aforesaid, the Treasurer of this Commonwealth 
is hereby empowered and directed to send his execution 
accordingly, unless such assessors shall make it appear . 



1784. — Chapter 25. 79 

thai their rate bills were-compleated and delivered to the 
collectors before the said first day of December. And the 
Treasurer for the time being, on receipt of such certifi- 
cate, is herel\y empowered and directed, to issue forth his 
warrants to the several collectors or constables of such 
(owns or oilier places, requiring him or them respectively 
to collect the whole of the respective sums assessed on 
each particular person, and to pay in the whole amount of 
the lists committed to them in manner aforesaid, on or 
before the first day of April next ensuing. 

Provided nevertheless, That the following persons, viz. 
The President, Fellows, Professors, Tutors, Librarian, 
and Students of Harvard College, who have their usual 
residence there, and settled Ministers of the Gospel, and 
Grammar School Masters, are not to be assessed for their 
polls or estates, unless their real estate be not under their 
actual management and improvement, or not in the parish 
where they are settled ; and also all persons who have 
the management or improvement of the estate of Harvard 
College, are not to be assessed for the same ; and if there 
be any other persons who through age, infirmity or pov- 
erty, are unable to pay as others towards the public 
charges, or any widows or orphans, who depending on the 
interest of their money for subsistence 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 
Court of General Sessions of Peace in the several coun- 
ties, in apportioning a county tax or assessment, are 
hereby directed to apportion the same on the several 
towns and other places in such county, in proportion to 
their tax, as expressed in the schedule of this act ; and 
the assessors in each town in this Commonwealth are also 
directed in making a town or county rate or assessment, 
to govern themselves by the same rule, and when no 
.person appears to discharge the taxes on non-resident 
proprietors of improved or unimproved lands to the Col- 
lector, he shall publish it in one of the Boston news- 
papers, viz. Adams and JSTourse's Independent Chronicle, 
three weeks at least successively, the names of all such 
proprietors when they are known, with the amount of the 
taxes assessed on their lands respectively, and also the 



80 1784.. — Chapter 25. 

time and place of sale ; and when they are not known, he 
shall in the same manner, publish the sum of the taxes on 
the several rights or divisions ; and in case he shall post 
the same in some convenient and public place in the town 
where the same land lies, for the space of one month, and 
if no person shall appear thereupon to discharge the said 
taxes and necessary intervening charges, then the Col- 
lector or Constable shall proceed to sell at Public Vendue, 
to the highest bidder, after having waited two hours, 
(after the time appointed for the said sale) so much only 
of the said improved or unimproved lands as will be suffi- 
cient to discharge the said taxes, and all necessary inter- 
vening 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 said sale, not exceeding three 
days, (waiting as aforesaid) and shall give and execute a 
deed to the purchaser or purchasers, expressing therein 
the cause of such sale, and saving to the aforesaid pro- 
prietor or proprietors the right of redemption of any 
lands so sold, at any time within two years from the time 
of such sale, and the same shall be conveyed to him or 
them, on paying within two years as aforesaid, the sum 
such land sold for, and twelve per cent, per annum added 
thereto on the said sum, together with all necessary 
charges thereon. 

Provided always, That the said purchaser or purchasers 
shall not make any strip or waste on the premises until 
the time of redemption hath expired ; and if the said 
purchaser or purchasers shall make any strip or waste on 
the 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 by the authority aforesaid, That the 
assessors of each town or other place respectively, in 
convenient time before the assessment, shall give season- 
able 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 polls, and of all the real and personal estate 
they are possessed of, on the first day of September next, 
agreeable to the description of real and personal estate, 



1784 — Chapter 25. 81 

and income from profession, faculty, handycraft, trade 
or employment as aforesaid ; and if any person or per- 
sons shall not bring in a list of their estates in manner 
aforesaid to the Assessors, he, she or they so neglecting or 
refusing, shall not be admitted to make application to the 
( Jourl of General Sessions for any abatement of the assess- 
ment laid on him, her or them ; and if the Assessors sus- 
pect any falsehood in the list to them presented, of polls 
and real and personal estate, then the Assessors shall 
require the person presenting such list, to make solemn 
oath respecting the same, (which oath the several Assessors 
are hereby empowered to administer) such list being 
exhibited on oath shall be a rule of that person's propor- 
tion of the tax who presented the same, which the 
Assessors may not exceed, unless the Assessors shall dis- 
cover some error therein. 

Be it further enacted by the authority aforesaid, That 
when any town have been incorporated or divided, or 
families taken from one town and annexed to another, 
since the valuation of March sixth, One thousand seven 
hundred and eighty-two, and are not particularly assessed 
their proportion in this act, they shall be considered as 
belonging to the town or towns from whence they were 
taken ; and the Assessors are hereby directed to govern 
themselves accordingly. 

Provided nevertheless, That where any town has been 
divided and made into two districts or towns, the Select- 
men or Assessors of both such towns may agree and make 
a division of the sum set upon such town, and assess the 
same accordingly upon their respective towns, and make 
return into the Treasurer's office of their doings; and in 
such case the Treasurer is hereby directed, to send his 
warrants to the Collectors or Constables of both such 
towns, requiring them to collect the same, and to pay into 
the treasury in the same manner that he doth to the other 
Collectors or Constables. 

And whereas there are many -persons who dwell or reside 
in some towns within this Commonwealth, but are engaged 
in trade, and negociate their business almost entirely in 
other towns, and there hire stores, shops or wharves; and 
it is apparent that the Assessoi^s of the towns where suchper- 
sons reside or dwell, cannot be so well acquainted with the 
business transacted by them as the Assessors of the toivn 
where the same is done: 



82 1784. — Chapter 25. 

Be it therefore enacted by the authority aforesaid, That 
all persons within the description aforesaid, shall be 
assessed and pay taxes for such of their goods, wares and 
merchandize, stock in trade, ships and vessels, as are 
sold, used, or improved in the towns where they hire 
stores, shops or wharves, or transact the principal part of 
their business, and for their faculties exercised there, and 
not in the towns 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 Assessors respectively ; 
Provided, That this clause be not in any case so construed 
as to enable any town to tax any inhabitant of any other 
town, for any estate for which such town has been charged 
in the last valuation. 

Be it enacted by the authority aforesaid, That the army 
notes (so called) issued by the Treasurer of this Com- 
monwealth, pursuant to an act passed the fifth day of 
July, A. D. One thousand seven hundred and eighty-one, 
and payable in the years One thousand seven hundred and 
eighty-four, and One thousand seven hundred and eighty- 
five, shall be received of the inhabitants of this Com- 
monwealth, in discharge of the tax "ranted by this act: 
and the Treasurer, and Collectors and Constables, in the 
respective towns or other places, are hereby directed to 
govern themselves accordingly : and the Treasurer is 
hereby directed and empowered to allow interest upon the 
notes w r hich may be paid into the treasury in discharge of 
this tax, to and including the first day of April next, and 
not afterwards. 

And whereas by the act passed the fifth day of July, 
One thousand seven hundred and eighty-one, it is enacted, 
" That if the General Court shall not some time before the 
first day of August, in each of the years last mentioned, 
(viz. : One thousand seven hundred and eighty-three, One 
thousand seven hundred, and eighty-four, and One thou- 
sand seven hundred and eighty-five,) agree and conclude 
upon a tax act, apportioning the sum to be paid in each 
of the said years respectively, (hen and in such case the 
Treasurer of this Commonwealth is empowered and di- 
rected, some lime in the month of September, in each of 
the said years, to issue and send forth his warrants, di- 
rected to the Selectmen or Assessors of such toivn or other 



1784. — Chapter 25. 83 

incorporated place, as was taxed by the General Coutt in 
(he tax act next preceding, or to some suitable person in 
such places as are not incorporated, requiring them to assess 
the polls and estates with in their lint its respectively , for their 
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 October, in such years respectively." 
And as government presume the remainder of the notes 
payable in One thousand seven hundred and eighty-four, 
and One thousand seven hundred and eighty-five, and not 
in this act specially provided for, will be received for the 
unlocated hauls belonging to this Commonwealth: 

Be it therefore enacted by the authority aforesaid, That 
the Treasurer of this Commonwealth be, and he is hereby 
directed, to suspend the issuing his warrants for the pay- 
ment of the remainder of the said notes, due in the year 
One thousand seven hundred and eighty-five, as pointed 
out in the said act of the fifth day of July, One thousand 
seven hundred and eighty-one, until the further order of 
the General Court. 

And whereas the Treasurer of this Commonwealth did, 
by virtue of the aforesaid act, issue his warrants, on the 
nineteenth day of April, One thousand seven hundred and 
eighty-four, directed to the Selectmen or Assessors of the sev- 
eral towns in this Commonwealth, requiring them to assess 
on the inhabitants thereof, Thirty-seven thousand pounds, 
for the purpose of discharging the army notes, payable in 
the year One thousand seven hundred and eighty-four, and 
a compliance therewith at litis time is impracticable: 

Be it therefore enacted by the authority aforesaid, That 
the Selectmen or Assessors of the several towns or other 
places within this Commonwealth, shall be, and they 
hereby are respectively discharged from the duties 
required by the said Treasurer's warrants aforesaid, pro- 
vided they have not proceeded to assess their several 
towns or other places agreeable to the directions given 
in the said warrants. And in case the Selectmen or 
Assessors have proceeded to assess the inhabitants of 
their respective towns in manner pointed out in the said 
warrant : 

Be it enacted by the authority aforesaid, That the said 
Assessors be, and they hereby are respectively empowered 
and directed, to recall the said assessments made as afore- 
said, previous to their proceeding to assess this tax, in 



84 1784. — Chapter 26. 

manner herein before directed ; and in all eases where 
assessments have been made in pursuance of the said war- 
rant, the same shall be, and hereby are declared void ; 
and the Constables and Collectors to whom the same have 
been or may be committed, are hereby prohibited and 
forbidden to proceed in the collection thereof. 

And be it enacted by the authority aforesaid, That the 
Assessors of those towns who are charged in this act with 
the pay of the members of the House of Representatives, 
be, and they are hereby directed, to assess the polls in 
their several towns, an additional sum in proportion to 
the sum set on the polls, on the sum of One hundred and 
forty thousand pounds, as is herein before directed. 

And be it enacted by the authority aforesaid, That the 
holders of the soldiers notes receivable in this tax, shall 
be allowed interest for the same until the first day of 
April, One thousand seven hundred and eighty-five. 

July 9, 1784. 



1784. — Chapter 26. 

[October Session, cli. 1.] 

Chart 26 AN ACT A s CERTAINING THE rates at which coined silver 

-* ' AND GOLD, AND ENGLISH HALF-PENCE AND FARTHINGS, 

MAY PASS WITHIN THIS COMMONWEALTH. 

Preamble. Wliereas the rate of gold has been altered by the legis- 

lature of several of the United States, and it now passes 
at an higher rate in most, of them, titan it does in this 
State, whereby the circulating currency here has been much 
diminished, and. there is great danger that all the gold 
now passing will be sent out of the State; and it is also 
useful to establish the rate of certain silver coins: 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority 
of the same, That in the payment of all taxes which shall 
hereafter be received into the treasury of this Common- 
wealth, and in the payment of all debts, coined gold and 
silver shall be received, and be a lawful tender at the 
rates following, to wit: 

Rates at which ^n English or French Crown, at six shillings and eight 

coined gold, &c. o , . ' . to 

shaii be a lawful pence, and all divisions ot such crowns in proportion. 

A Spanish milled Dollar, at six shillings, and all divi- 
sions of such dollars in proportion. 



1784. — Chaptek 26. 85 

An English Guinea, of the weight of live penny weight 
and six grains, at twenty-eight shillings, and all divisions 
of such guineas in equal proportion. 

A French Guinea, of the weight of live penny weight 
and six grains, at twenty-seven shillings and four 
pence. 

A coin of Portugal, commonly called a Johannes, of 
the weight of eighteen penny weight, at four pounds six- 
teen shillings, and all divisions of such Johannes in like 
proportion. 

A Moidore, of the weight of six penny weight eighteen 
grains, at thirty-six shillings, and all divisions of moi- 
dores in like proportion. 

A four pistole piece, called a Doubloon, of the weight 
of sixteen penny weight twelve grains, at four pounds 
eight shillings, and all divisions of the same coin in like 
proportion. 

Three English farthings at a penny, and English half- 
pence in proportion. 

And be it further enacted by the authority aforesaid, 
That all pieces of coined gold, before herein enumerated, 
and which shall weigh more or less than is by this act estab- 
lished as their current weight, shall be received in pay- 
ment for the taxes hereafter to be received into the treasury 
of this Commonwealth, and in all debts, for a sum pro- 
portioned to the value of gold as hereby stated, to ivit, 
at five pounds six shillings and eight pence by the 
ounce, any law, usage or custom to the contrary not- 
withstanding. 

And be it enacted by the authority aforesaid, That so Two former 
much of an act, entitled, "An act for ascertaining the acts rt * ealcd - 
rates at which coined silver and gold, and English half- 
pence and farthings, may pass within this Government," 
as respects the rate at which coin gold shall pass within 
this State, and enacts a penalty for passing the same at an 
higher rate than is in the said act established ; and also an 
act, entitled, " An act in addition to an act made and 
passed in the twenty-third year of his late Majesty, 
George the second, entitled an act for ascertaining the 
rates at which coined silver and gold, and English half- 
pence and farthings, may pass within this government," 
be, and the same are hereby repealed and made null and 
void. October 26, 1784. 



86 



1784. — Chapters 27, 28. 



Chap. 



Preamble. 



Church incor- 
porated. 



Jacob Davis, 
Esq ; to call a 
meeting. 



1784.— Chapter 27. 

[October Session, ch. 2.] 

27 AN ACT FOR INCORPORATING THE CONGREGATIONAL CHURCH 
IN THE TOWN OF CHARL TO X, WITH CERTAIN OTHER INHAB- 
ITANTS OF THE SAID TOWN, INTO A DISTINCT PARISH. 

WJtereas the congregational church in the toiun of Charl- 
ton, have signified their desire to be incorporated with cer- 
tain other inhabitants of the said town into a distinct parish, 
which in their present circumstances may have a tendency 
to promote religion and morality among them: 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That the members of the said Con- 
gregational church in Charlton, and such other inhabitants 
of the said town who shall in writing by them signed in 
the book of the records of the said parish, signify their 
desire of belonging to the said parish, together with all 
their families and estates, be, and they are hereby incor- 
porated into a distinct parish by the name of the Congre- 
gational Parish in Charlton, and are hereby invested with 
all the powers, privileges, and immunities with which 
other parishes or precincts within this Commonwealth are 
by law invested. 

And be it further enacted by the authority aforesaid, 
That Jacob Davis, Esq ; be, and he is, hereby authorized on 
application therefor, to issue his warrant directed to some 
principal parishioner of the same parish, requiring him to 
give warning to the aforesaid parishioners qualified to 
vote in parish affairs, to meet at some convenient time 
and place to chuse all such officers as parishes are by law 
authorized to chuse in the month of March annually. 

October 26, 1784. 



1784. — Chapter 28. 

[October Session, ch. 3.] 

Chan 28 AN ACT prescribin g forms of writs in civil causes, and 

J- ' DIRECTING THE MODE OF PROCEEDING THEREIN. 

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 civil actions the original process in 
the following cases betwixt party and party, shall be 
made out in the forms following, that is to say, — 



1784. — Chapter 28. 87 

[Summons."] 
Commonwealth of Massachusetts. 

[SE VL.] S , SS. 

To the Sheriff of our county of S , or his Deputy. 

Greeting. 

We command you, that you summon A. B. of G. 8ummons - 
[addition J (if he may be found in your precinct) to 
appear before our Justices of our Court of 

to be holden at B within and for our said county of S. 
on the Tuesday of , then and there in our said 

Court to answer to D. E. of 11. within our county of M. 
[addition] in a plea of to the damage 

of the said I). E. (as he saith) the sum of 
pounds, which shall then and there be made to appear, 
with other due damages. And have you there this writ, 
with your doings therein. Witness E. H. Esq ; at B. 
the day of in the year of our LORD, 

A. D. Clerk. 

[Capias, or Attachment.'] 
Commonwealth of Massachusetts. 
[seal.] S , ss. 

To (he Sheriff of our county of S , or his Deputy. 

Greeting. 

We command you to attach the goods or estate of R. Capias or At- 

F. of B. within our county of S , [addition] to the 

value of pounds, and for want thereof to take the 
body of the said JR. F. (if he maybe found in your pre- 
cinct) and him safely keep, so that you have him before 
our Justices of our Court of , next to be 

holden at B. within and for our said county of S. on the 
Tuesday of , then and there in our said Court, 

to answer unto D. S. of R. within our county of M. 
[addition] in a plea of to the damage of the 

said I). S. (as he saith) the sum of pounds, 

which shall then and there be made to appear, with other 
due damages. And have you there this writ, with your 
doings therein. Witness E. //.Esq; at B. the 
day of in the year of our LORD, 

A. D. Clerk. 



tachment. 



88 



1784.— Chapter 28. 



[Summons when goods are attached.] 
Commonwealth of Massachusetts. 



[seal.] 8- 



ss. 



To A. B. q/*B. within our county of S 



[addition.] 
Greeting. 



Summons when 
goods are 
attached. 



Execution. 



our 



We command you, that you appear at our next 
Court of , to be liolden at B. within and for 

county of 8. aforesaid, on the Tuesday of , 

then and there to answer to C. D. of R. within our county 
of M. [addition] in a plea of which plea the said 

G. D. hath commenced against you, to he heard and tried 
at the said Court ; and your goods or estate are attached 
to the value of pounds, for security to satisfy the 

judgment which the said C. D. may recover upon the 
aforesaid trial. Fail not of appearance at your peril. 
Witness E. H. Esq ; at B. the day of , in 

the year of our LORD, 

A. D. Clerk. 



[Execution.] 
Commonwealth of Massachusetts. 



[seal.] 8- 



ss. 



To the Sheriff of our county of S- 



-, or his Deputy > 

Greeting. 

Whereas C. L. of R. within our county of 8. [addi- 
tion] by the consideration of our Justices of our 
Court of , holden at B. for and within our county 

of 8. aforesaid, on the Tuesday of , recovered 

judgment against D. T. of B. in the county of M. [addi- 
tion] for the sum of pounds shillings and 

pence, debt or damage, and pounds 

shillings and pence, costs of suit, as to us appears 

of record, whereof execution remains to be done : We 
command you, therefore, that of the goods, chattels or 
lands of the said D. T. within your precinct, you cause 
to be paid and satisfied unto the said C. L. at the value 
thereof in money, the aforesaid sum, being pounds 

shillings and pence, in the whole, with 

shillings more for this writ, and thereof also to satisfy 
yourself for your own fees. And for want of goods, 
chattels or lands of the said D. T. to be by him shewn 
unto you, or found within your precinct, to the accept- 
ance of the said C. L. to satisfy the sums aforesaid, we 



1784. — CiiArTER 28. 89 

conftnand you to take the body of the said D. T. and him 
commit unto our goal in B. in our county of 8. aforesaid, 

and detain in your custody within our said goal, until he 
pay the full sums above mentioned, with your tees, or 
that he be discharged by the said C. L. the creditor, or 
otherwise by order of law. Hereof fail not, and make 
return of this writ, with your doings therein. Witness 
E. II. Esq; at B. the day of in the year of 

our LORD, 

A. I). Clerk. 

And be it enacted by flic authority aforesaid, That the 
writ for putting such into possession of any land or tene- 
ments as shall recover judgment for the same, and for 
levying the cost and damages recovered upon such suit, 
commonly called a writ of Facias habere Possessionem, and 
writ of Fieri Facias; as also the writ of Scire Facias, to be 
issued out of the Supreme Judicial Court, or Court of 
Common Pleas, respectively, shall be from time to time 
granted and issued in the form following, that is to say, — 

[ Writ of Facias habere Possessionem and Fieri Facias.] 

Commonwealth or Massachusetts. 

[seal.] 8 , ss. 

To (he Sheriff of our county ofS , or his Deputy, 

Greeting. 
Whereas A. B. of C. [addition] before our Justices writ of Facias 

r. /~t , n i i j e 'tA ' habere Posse- 

of our Court of holden tor or within our Bi0 nem and 

county of S. aforesaid, at B. upon the day of Fieri Facias - 

by the consideration of our said Court, recovered judg- 
ment for his title and possession of and in a certain mes- 
suage or tenement with the appurtenances, or acres 
of land, with the appurtenances and privileges, lying and 
being in the town of D. against E. F. of G. [addition] 
who had unjustly withheld, put out or amoved the said 
A. B. from his possession thereof; and also at the said 
Court recovered judgment for pounds shil- 
lings and pence, for costs and damages, which he 
sustained by reason of the same, as to us hath been made 
to appear of record. We command you therefore, that 
without delay, you cause the said A. B. to have posses- 
sion of and in the said messuage or tenement, with the 
appurtenances ; or the said acres of land, with the 



90 1784. — Chapter 28. 

appurtenances and privileges : We also command ^you, 
that of the goods, chattels or lands of the said E. F. 
within your precinct, at the value thereof in money, you 
cause the said A. B. to be paid and satisfied the aforesaid 
sum of pounds shillings and pence, 

which to the said A. B. was adjudged for his costs and 
damages, with shillings more for this writ, and 

thereof also to satisfy yourself for your own fees. And 
for want of such goods, chattels or lands of the said E F., 
to he by him shewn unto you or found within your pre- 
cinct, to the acceptance of the said A. B. to satisfy the 
aforesaid sum : We command you to take the body of the 
said E. F. and him commit unto our goal, in B. in our 
county of /S r . aforesaid, and detain in your custody within 
our said goal, until he pay the full sum abovementioned 
with your fees ; or that he be discharged by the said A. B. 
or otherwise by order of law. Hereof fail not, and make 
return of this writ with your doings therein. Witness 
E. H. Esq ; at B. the day of in the year of 

our LORD, . a. D. Clerk. 

[ Writ of Scire Facias.^ 
Commonwealth of Massachusetts. 

[seal.] S , ss. 

To the Sheriff of our county of S , or his Deputy., 

Greeting. 
wrj 1 of scire Whereas C. I), of B. [addition] before our Justices 

of our Court of holden for or within our said 

county of S. at B. on the day of in the year of 

our Lord, by the consideration of our said Justices, 

recovered against A. B. of E. [addition] the sum of 
pounds shillings and pence, debt or damage; and 

also pounds shillings and pence, for costs and 

charges by him about his suit in that behalf expended, 
whereof the said A. B. is* convict, as to us appears of 
record ; and although judgment be thereof rendered, yet 
the execution for the said debt or damage and costs doth 
yet remain to be made, whereof the said C. D. hath made 
application to us to provide remedy for him in that behalf : 
Now to the end that justice be done, we command you, 
that you make known unto the said A. B. that he be 
before our Justices of our said Court of to 

be holden within or for our said county of S. at B. 



1784. — Chapter 28. 91 

on the day of to shew cause (if any lie hath) 
wherefore the said C. D. ought not to have his execution 
against him the said A. B. for his debt or damage and 
costs aforesaid ; and further to do and receive that which 
our said Court shall then consider; and there and then 
have you this writ, with your doings therein. Herein fail 
not. Witness i?. //. Esq ; at B. the day of in the 

year of our LOUD, . A. D. Clerk. 

And be it enacted, That the several forms of writs and 
processes here underwritten, shall he, and hereby are 
established to be the forms to be granted and used in civil 
causes triable before a Just ice of the Peace, that is to say, — 

\_Sum mons for Appearance.^ 
[SEAL.] S , ss. 

To the Sheriff of the said count!/ °f 8 , or either 

of his Deputies, or the Con si allies of the town q/*B. within 
the said county, or to any or either of them. Greeting. 

In the name of the Commonwealth of Massachusetts, summons for 
you are required to summon and give notice unto T. P. appea 
of B. aforesaid, [addition] (if he may be found in your 
precinct) that he appear before me, J. D. Esq ; one of the 
Justices of the Peace for the county aforesaid, at my 
dwelling house, in B. on the day of 

at of the clock in the noon ; then and 

there to answer to E. L.. of M. [addition] in a plea of 
to the damage of the said E. L. (as he saith) 
the sum of as shall then and there appear 

with other due damages. And of this writ, with your 
doings therein, you arc to make true return unto myself, 
at or before the said day of 

Dated at B. aforesaid, the day of in the year 

of our LORD, . J. D. 

[Capias, or Attachment.'] 

[seal.] S , ss. 

To the Sheriff of the said county of S , or either 

of his Deputies, or the Constables of the town o/"B. within 
the said county, or to any or either of them, 

Greeting. 
In the name of the Commonwealth of Massachusetts, capiasorat- 
you are required to attach the goods or estate of T. P. of tild,lueut - 
B. aforesaid, [addition] to the value of and for want 



92 1784. — Chapter 28. 

thereof, to take the body of the said T. P. (if he may be 
found in your precinct) and him safely keep, so that he 
may be had before me J. D. Esq ; one of the Justices of 
the Peace for the county aforesaid, at my dwelling house, 
in B. on the day of at of the clock 

in the noon ; then and there to answer to E- L. of M. 
[addition] in a plea of to the damage of the said E. L. 
(as he saith) the sum of as shall 

then and there appear, with other due damages. Hereof 
fail not, and make due return of this writ, and of your 
doings therein, unto myself, at or before the said 
day of . Dated at B. aforesaid, the day of 

in the year of our LORD, . J. D. 

[Summons when goods are att<iched.~] 

[seal.] /S , ss. 

To T. P. ofD. in the county ofS , [addition] 

Greeting. 
Summons when In the name of the Commonwealth of Massachusetts, 
tached". you are commanded to appear before me J. D. Esq ; one 

of the Justices of the Peace for the county aforesaid, at 
my dwelling house, in B. on the day of 

at of the clock in the noon, to answer unto E. L. 

of M. [addition] in a plea of which plea the said 

E. L. hath commenced to be heard and tried before me ; 
and your goods or estate are attached to the value of 

for security, to satisfy the judgment which the said 
E. L. may recover upon the aforesaid trial. Fail not of 
appearance at your peril. Dated at B. aforesaid, the 
day of in the year of our LORD, 

J. D. 

[Execution. ] 
Commonwealth of Massachusetts. 

[seal.] S , ss. 

To the Sheriff of our said county of S , or either 

of his Deputies, or the Constables of the town of B. within 
our said county, or any or either of them. 

Greeting. 

Execution. Whereas E. L. of M. [addition] on the day of 

before J. D. Esq ; one of our Justices of the 

Peace for our county aforesaid, recovered judgment against 

T. P. of B. [addition] for the sum of debt or 



1784. — Chapter 28. 93 

damage, and shillings and pence for charges 

of suit, as to ns appears of record, whereof execution 
remains to be done : We command you therefore, that of 
the money of the said T. P. or of his goods or chattels 
within your precinct, at the value thereof in money, you 
cause to be levied, paid and satisfied unto the said E. L. 
the aforesaid sums being pounds shillings and 

pence, in the whole ; and also that out of the money, 
goods or chattels of the said T. P. you levy more 

Ibr this writ, together with your own fees. And for want 
of such money, goods or chattels of the said T. P. to be 
by him shewn unto you, or found within your precinct, to 
the acceptance of the said E. L. for satisfying the afore- 
said sums : We command you to take the body of the said 
T. P. and him commit unto our goal in B. and we com- 
mand the keeper thereof accordingly, to receive the said 
T. P. into our said goal, and him safely to keep until he 
pay the full sums abovementioned, with your fees, or that 
he be discharged by the said E. L. the creditor, or other- 
wise by order of law. Hereof fail not, and make return 
of this writ, with your doings therein, unto our said Jus- 
tice, within sixty days next coming. Witness our said 
Justice, at B. the day of , in the year of 

our LOKD, . J. D. 

And be it further enacted, That the form of the writ of 
Scire Facias aforesaid, shall be the form of a writ of Scire 
Facias upon a judgment recovered before a Justice of the 
Peace, mutatis mutandis. 

And be it further enacted by the authority aforesaid, 
That the Clerk of each town respectively, within this 
Commonwealth, as w T ell as the Clerks of the several Courts 
aforesaid, may, and are hereby respectively empowered 
to grant summons for witness in civil causes, directed to 
the person to be summoned for witness ; which summons 
shall be made out in the form following, that is to say, — 

[Subpoena for Witnesses.'] 

S , ss. 

To A. B. of C. [addition.'] Greeting. 

You are hereby required, in the name of the Common- Subpoena for 
wealth of Massachusetts, to make your appearance before witneB8eB - 
the Justices of the next to be holden at B. within 

and for the county of S. on the Tuesday of 



94 1784. — Chapter 28. 

, to give evidence of what you know relating to an 
action or plea of then and there to be heard 

and tried betwixt A. B. of 6 y . [addition] plaintiff, and 
D. E. of E. [addition] defendant. Hereof fail not, as 
you will answer your default under the pains and penalty 
in the law in that behalf made and provided. 

Dated at B. the day of , in the year of 

our LORD, . A. D. Clerk. 

powlred e to' And be it further enacted, That every Justice of the 

pint summons Peace may, and hereby is empowered to errant summons 

for witnesses. . •> ' . . ^ l . ~ . . 

tor witnesses in civil causes triable betore himself, such 
summons to be directed as, and similar to, the summons 
for witnesses in civil causes as aforesaid, mutatis mutandis. 
And if any person or persons who shall be served with 
lawful process or summons to testify, depose, or give 
evidence concerning any cause or matter depending in 
any of the Courts aforesaid, or before any Justice of the 
Peace as aforesaid, and having tendered unto him or them 
such reasonable sum or sums of money for his or their 
costs and charges, as having regard to the distance of the 
places, is necessary to be allowed in that behalf, do not 
appear according to the tenor of the process or summons, 
having no reasonable let or impediment to the contrary, 
Persons making then the person so making default shall be liable to the 

default, liable to ,. ,. , , . -, . ,. 11 i i 1 • 

the action of the action of the aggrieved party tor all damages by him sus- 
aggrieved party, tained by suca default, and the Court or Justice of the 
Peace shall have power by attachment to bring such con- 
temptuous witness into Court, or before him and to fine 
him at discretion not exceeding the sum of six pounds, 
and shall order him to pay the cost of such attachment. 
Defendants And it is farther enacted, That when any defendant 

pcrvt'd with ,» 

process, and shall be duly served with process, and return thereof shall 
pearing! tbeir be made into the Court where the same is returnable, and 
recorded! be ne shall not appear by himself, or his attorney, his default 
shall be recorded, and the charge in the declaration shall 
be taken and deemed to be true, and the Court shall there- 
upon give such damages as they shall find upon enquiry 
that the plaintiff shall have sustained, unless the plaintiff 
shall move to have a jury to enquire into the damages, in 
which case the Court shall enter up judgment for such 
Proviso. damages as the jury shall assess. Provided nevertheless, 

That if the defendant shall come into Court at any time 
before the jury is dismissed, and shall pay down to the 



1784. — Chapter 28. 95 

adverse party the costs he has been at thus far, or so much 
thereof as the Court shall judge reasonable, then the Court 
may admit the defendant to have the same day in Court as 
if his default had never been recorded. 

And it is also enacted, That when anv person in whose When judgment 

. . , . . , ^ " A rx ,,, Is given, persona 

lavor a judgment is given at the Court ot Common Fleas appealing to be 
shall appeal therefrom because the damages given are too j'i'ry at the 8n- 
small, he shall be entitled to a jury at the Supreme Judi- [ ) ; ' c ;"\ e .' TlRli<;i ' 11 
eial Court to enquire into the damages without any further 
notice to the appellee. And when in the Common Pleas 
judgment shall be given either upon abatement or demurrer, 
the party against whom judgment is given shall have the 
privilege of appealing without any further proceedings had 
in the Common Pleas. And all agreements for waiving 
pleas, and for amendments, and for making new pleas at 
the Supreme Judicial Court, made and entered upon the 
records of the Common Pleas, shall be binding to the 
parties throughout the whole process of the suit. 

And it is also enacted, That when any plaintiff shall in when plaintiffs 

, /• i • j- i •-!• ,• i « become nou- 

any stage ot his action become nonsuit, or discontinue his suit, the defend- 
suit, the defendant shall recover his cost against him, and co^agaT^st 31 
that in all actions as well those of qui tarn as others, the them - 
party prevailing shall be entitled to his legal costs against 
the other. 

And it is farther enacted, That no person imprisoned No persons im- 

J ' l . i prisoned upon 

upon mean process shall be held in prison upon such mean P rocess 

to be held in 

process above the space of thirty days next after the goal above 30 
entering up final judgment upon the writ whereby he is a y s,une88 - 
committed ; unless he shall be continued there by having 
his body taken in execution, nor shall the prison keeper 
discharge any such prisoner unless judgment is given in 
his favor, until thirty days next after the said judgment 
is entered up, unless the party at whose suit he was com- 
mitted, shall give order, in writing, for his discharge, 
and shall pay the legal fees of the goaler. 

And it is farther enacted, That all original writs issuing How original 

,. , L1 t t • l /i j. '/i /• / 1 writs issued ai e 

out ot the Supreme Judicial Court, or Court or Common to be indorsed. 
Pleas, shall before they are served, be indorsed on the 
back thereof by the plaintiff or plaintiffs, or one of them, 
with his christian and surname, if he or they are inhabitants 
of this Commonwealth, or by his or their agent or attor- 
ney, being an inhabitant thereof, and where the plaintiff 
is not an inhabitant of this Commonwealth, then his writ 
shall be indorsed in manner aforesaid, by some responsible 



96 



1784. — Chapter 28. 



When actions 
are brought to 
recover debts, 
the defendants 
may file their 
accounts. 



Personal or 
transitory ac- 
tions to be bro't 
in the county 
where one of 
the parties lives. 



person who is an inhabitant of this Commonwealth, pro- 
vided that the Court may upon motion, in consideration 
that the agent or attorney who indorsed the writ is not of 
ability for the purposes hereafter mentioned, order that 
the plaintiff shall procure a new indorser, and such new 
indorser shall be held in the same manner as if the indorse- 
ment had been made before the writ was served, and 
unless the plaintiff shall procure such new indorser when 
directed thereunto by the Court, he shall become non-suit, 
but no costs shall be awarded against him. And the 
plaintiff's agent or attorney who shall so indorse his name 
upon an original writ, shall be liable in case of the avoid- 
ance or inability of the plaintiff to pay the defendant all 
such costs as he shall recover, and to pay all prison 
charges that may happen, where the plaintiff shall not 
support his action. And all goods and estate attached 
upon mean process for the security of the debt or 
damages sued for shall be held for the space of thirty 
days after final judgment to be taken in execution. And 
if the creditor shall not take them in execution within 
thirty days after judgment, the attachment shall be 
void. 

And be it further enacted, That when an action shall be 
brought to recover a debt due on book accounts, an 
account stated by the parties, a quantum meruit, quantum 
valebat, or for services done upon an agreed price, the 
defendant may file any account he hath, in the Clerk's 
office seven da} r s before the sitting of the Court of Com- 
mon Pleas where the action is brought, or if the suit is 
before a Justice of the Peace the account shall be filed 
before the justice four days before the day of trial, and 
upon the general issue give the same in evidence against 
the plaintiff's demand. And if upon the trial it shall 
appear that there is a balance due to the defendant, he 
shall recover the same in the same manner as if he had 
brought his action therefor, and where a plaintiff shall at 
the same Court bring divers actions upon demands which 
might have been joined in one, he shall recover no more 
costs than in one action only. 

And be it also enacted, That when the plaintiff and 
defendant both live within the Commonwealth, all per- 
sonal or transitory actions shall be brought in the county 
where one of the parties lives. And when an action shall 
be commenced in any other county, then as above directed 



1784. — Chapter 29. 97 

the writ shall be abated and the defendant allowed double 
costs. 

And be it further enacted by the authority aforesaid. 
That no summons, writ, declaration, process, judgment, No summons, 

,. • -\ r\ e t a* writs, &c. in the 

or other proceedings in the Courts or course ot Justice courts to be 
shall be abated, arrested, quashed, or reversed for any any errors! 
kind of circumstantial errors or mistakes when the person 
and case may be rightly understood by the Court, nor 
thro' defect or want of form only, and the Court on 
motion made may order amendments. 

And be it further enacted, That execution shall not issue Executions not 

,., ., -j- e j_ i_ c l_ to issue until. 

in any case, until the expiration ot twenty-tour hours 
after the entering up of judgment. October 30, 1784. 



1784. — Chapter 29. 

[October Session, ch. 4.] 

AN ACT EMPOWERING THE INHABITANTS OF THE COUNTY QJ ia v 29 
OF LINCOLN, EASTWARD OF UNION RIVER, TO CHOOSE A -* * 

REGISTER OF DEEDS, AND FOR THE ESTABLISHING A COURT 
OF PROBATE TO BE HOLDEN WITHIN AND FOR ALL THAT 
PART OF THE SAID COUNTY, WHICH LIES TO THE EASTWARD 
OF THE SAID RIVER. 

Whereas the inhabitants of that part of the county of Preamble. 
Lincoln, which lies eastward of Union River, are put to 
great difficulty in getting their conveyances of real estates 
properly recorded, and in effecting the distribution and 
settlement of the estates of deceased persons among them, 
as they are in such cases frequently obliged, at great 
expence and trouble, to travel to Pownalborough, where 
alone the office of Register of Deeds, and the Court of 
the Judge of Probate of Wills, and for granting letters of 
administration for the said county, are now kept and held: 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That a Register of Deeds shall be Register of 
appointed in manner provided by law, within and for the appointed. 
district aforesaid, whose office shall be holden at Machias; 
and the inhabitants of the said district are hereby author- 
ized and empowered to choose a Register of Deeds for the 
same district, in order to which, Alexander Campbell, clmpben! Esq ; 
Esquire, a Justice of the Peace within and for the said empowered to 
county, is hereby authorized and empowered to issue his 
warrant to the Selectmen of Machias, and to some prill- 



98 



1784. — Chapter 29. 



Town Clerks 
to make return 
on oatb. 



The Register 
to be sworn, 
&c. 



How long to 
continue in 
office. 



Records made 
by any other 
than the Regis- 
ter, to be void. 



cipal inhabitant of each of the plantations within the said 
District, directing the said Selectmen and principal inhab- 
itants respectively, to call a regular meeting of the 
inhabitants of the said town and several plantations, 
qualified as the law directs for voting in town affairs, 
to meet in the said towns and plantations to which they 
respectively belong, as soon as conveniently may be, for 
the purpose of choosing a Register of Deeds for the same 
district. 

And be it further enacted by the authority aforesaid. 
That each of the Clerks of the town and plantations 
aforesaid, shall, as soon as may be after the said meetings 
and elections, respectively make return on oath to the 
Justices aforesaid, of the names of the persons voted for, 
with the number of votes which each person had, set 
against their names respectively, which returns shall by 
the said Justices be transmitted to the then next Court of 
General Sessions of the Peace to be holden within and 
for the said county; which said Court of Sessions shall 
examine the said returns, and declare the choice of the 
said Register in manner provided by law. 

And be it further enacted by the authority aforesaid, 
That the said Register when elected, shall be sworn, give 
bond, and be qualified for the execution of his office, in 
all respects, in manner as is provided by law for the obli- 
gating and qualifying of other Registers of Deeds. 

And be it further enacted by the authority aforesaid, 
That the said Register, elected and qualified as aforesaid, 
shall continue in his office during the term of five years 
next after he shall be declared to have been elected as 
aforesaid ; and from and after the twentieth day of July 
next, shall be fully authorized and empowered to register 
and record all deeds of conveyance of any lands or other 
real estate lying within the said district, as are by law 
required to be registered and recorded ; and the records 
of all deeds by him so registered and recorded, shall be 
good and valid to all intents and purposes. 

And be it further enacted by the authority aforesaid, 
That the records of any deeds of conveyance of lands or 
other real estate lying within the said district, which after 
the said twentieth day of Jidy shall be made by any other 
than the Register to be elected and qualified as aforesaid, 
shall be void and of no effect; and the said Register shall 
be entitled to demand and receive all such fees in the 



1784. — Chapter 30. 99 

execution of his office, as Registers of Deeds are by law 
entitled to receive. 

And be it farther enacted by the authority aforesaid, 
That a Court of Probate shall be held within' the said StoKeTd 
District, and that some suitable persons be appointed in ^jthin the dig 
the manner the constitution directs for Judge and Register 
of the said Court, who from and after the twentieth day 
of July next, shall have power and authority to do and 
perform all the business which Judges and Registers of 
Probate by the law of this Commonwealth " for establish- 
ing Courts of Probate," have power and authority to do 
and perform. 

And be it farther enacted by the authority aforesaid, 
That all probate of wills and letters of administration 
granted upon the estates of persons (who at the time of 
their decease belonged within the said district) and 
doings, after the said twentieth day of July, other than 
such as shall be done and made by the said Judge who 
shall be appointed as aforesaid, shall be void and of no 
effect. November 6, 1784. 



1784. — Chapter 30. 

[October Session, ch. 5.] 

AN ACT REGULATING THE EXPORTATION OF FLAX SEED, POT (JJ mD 3Q 
ASH, PEARL ASH, BEEF, PORK, BARRELED FISH, AND DRIED ^ ' 

FISH. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, That from and after the twentieth day of No Fiax seed to 
December next, no Flax Seed shall be shipped or exported tees ^surveyed & 
out of this Commonwealth, but such as shall have been closed, &cT e 
surveyed and found to be well cleansed and in good order, 
and in casks, each cask containing seven bushels and one 
peck, or in casks containing one half the said quantity 
each. 

And be it further enacted, That the Governor, by and Governor em- 

J , ~ i l -i • powered to ap- 

with the advice and consent ot the Council, be, and is, point surveyors 

hereby empowered to appoint, in such seaport towns 

within this Commonwealth as there shall be occasion, one 

or more skilful and disinterested person or persons, to 

be surveyors, for the surveying and proving Flax Seed, 

who shall be sworn to the due and impartial execution of 

their trust : And their duty shall be to inspect and survey Their duty. 



100 1784. — Chapter 30. 

all Flax Seed that shall be intended to be laden on board 
of any vessel for foreign exportation ; and every such 
surveyor is hereby authorized to open the casks contain- 
ing the said commodity, intended to be exported as afore- 
said, and if need be, measure and shift the same into 
other casks, so as thoroughly to examine the whole, and 
see that it be clear from mixture of wild or other seed, or 
dirt, and of the measure aforesaid. And every cask con- 
taining the said quantity, which by such survey and 
examination shall, according to the surveyor's best judg- 
ment, appear to be cleansed as aforesaid, he shall mark or 
imprint with a burning iron, the following mark or letters, 
A. P. with the name of the town where it shall be thus 
approved, the name of the said surveyor at large, and the 
letter S. at the end thereof, denoting that the same has 
been surveyed and approved. 

And be it further enacted by the authority aforesaid, 
^1 p ? t ?, , \ Pearl That from and after the twentieth day of December next, 

Ash shall be ex- . A1 _ i a 1 -i -11 i 1 • -i 

ported, unless no Pot Ash or Pearl Ash shall be shipped or exported out 
merchantable. 11 of this Commonwealth, but such as shall have been 
assayed and found to be of sufficient strength and purity, 
and to have those qualities in such degree of perfection 
as shall be ascertained and fixed by the Governor, with 
the advice and consent of the Council, as the standard of 
such Pot Ash and Pearl Ash as shall be deemed merchant- 
able, and fit for exportation. 
Governor and And be it further enacted, That the Governor and 

Council era- •* ' 

powered to ap- Council be, and they are, hereby empowered to appoint, 

point assaj'-mas- . ! ,, -ii • ii • n 1,1 Vn 

ters, for proving in such seaport towns within this Commonwealth as there 
PotAshf&l. shall be occasion, one or more skillful and disinterested 
person or persons, to be assay-masters, for the proving 
and assaying Pot Ash and Pearl Ash, who shall be sworn 
Their duty. to the due and impartial execution of their trust ; and their 
duty shall be to inspect and assay all Pot Ash and 
Pearl Ash, that shall be brought to any such seaport 
town to be shipped ; and every such assay-master is 
hereby authorized to open the casks or vessels contain- 
ing those commodities, and to take out so much thereof 
as may discover the quality of the whole ; and every 
cask or other vessel of Pot Ash or Pearl Ash, which by 
such assay shall be found to be good and merchantable, 
according to the rule or standard that shall be established 
as aforesaid, he shall mark or imprint with a burning iron, 
the following mark or letters, AS. D. with the name of 



1784. — Chapter 30. 101 

the (own where the same shall have been thus assayed, 
and the assayer's name at large, and the letter A. at the 
end thereof, denoting that the same has been assayed and 
approved. 

And be it further enacted, That if the owner of any Persons pre- 
Flax Seed, Pot Ash or Pearl Ash, or other person employed Iny Ffax°see§, 
by him, shall presume to lade, or put on board any ves- approved. C ' D ° 
sel, bound out of the Commonwealth, any Flax Seed, Pot 
Ash and Pearl Ash, other than such as shall have been 
approved, by a surveyor or assay-master, respectively, or 
shall be contained in any cask, or other vessel, that shall 
not have their marks, stamps or brands upon it; or if 
any master of a ship or other vessel, or other officer or 
mariner, shall receive on board any such, the offender or 
offenders shall incur the penalty of five pounds for each rcl,alt y- 
cask or other vessel so shipped, to be sued for and recov- 
ered in any Court of record within this Commonwealth, 
proper to try the same ; and all such Flax Seed, Pot Ash 
and Pearl Ash (laded or received on board as aforesaid) 
shall be forfeited. And it shall be lawful for any Justice 
of the Peace, upon information given of any Flax Seed, 
Pot Ash or Pearl Ash, put on board any such ship or other 
vessel, as aforesaid, not marked as aforesaid, to issue his 
warrant, directed to the Sheriff or his Deputy, or Consta- 
ble, requiring them respectively to make seizure of any 
such Flax Seed, Pot Ash and Pearl Ash, shipped and not 
marked as aforesaid, and to secure the same in order for 
trial, and such officers are hereby respectively empowered 
and required to execute the same. 

And be it fur/ Iter enacted, That if after any cask or Persons shifting 
other vessel, containing Flax Seed, or Pot Ash, or Pearl casks after being 
Ash, shall have been approved and stamped with the sur- a PP roved - 
veyor's or assay-master's marks, stamps or brands, any 
cooper or other person shall presume to shift the contents 
of such cask or other vessel, and to put therein any Flax 
Seed, Pot Ash or Pearl Ash, that has not been duly surveyed 
or assayed, and approved as aforesaid, such cooper or 
other person offending therein, shall forfeit and pay the penalty, 
sum often pounds for every cask so shifted, to be recov- 
ered in manner as aforesaid. 

And be it further enacted. That in ease any surveyor or Surveyors or 

J . <* • i i u i assay- masters 

assay-master, appointed and sworn as aforesaid, shall be guiityofneg- 

• \. o i /» -i • • ■ lector fraud. 

guilty or any neglect or fraud in assaying or surveying 
any Flax Seed, Pot Ash or Pearl Ash, contrary to the true 



102 



1781. — Chapter 30. 



Penalty. 



Each cask, be- 
fore any Pot or 
Pearl Ann are 
put therein, to 
be weighed, &c. 



Surveyors and 
assay masters 
fees. 



Selectmen to 
choose, annually 
lit persons to be 
searchers and 
packers of bar- 
reled beef, &c. 



Duty of such 
searchers and 
packers. 



intent and meaning of this act, or shall mark with their 
respective brands, stamps or marks, any casks containing 
Flax Seed, or Pot Ash, or Pearl Ash, which they had not 
actually and thoroughly surveyed or assayed, and which 
may be intended for exportation out of this State, he or 
they shall forfeit and pay the sum of ten pounds for every 
such neglect, or for every cask falsely marked, to be 
recovered as aforesaid. 

Be it further enacted by the authority aforesaid, That 
each cask, before any Pot Ash or Pearl Ash are put therein, 
shall be w r eighed by the manufacturer of such Pot Ash or 
Pearl Ash, who shall, with a marking iron, mark on one 
of the heads thereof, the full weight of the cask, and the 
initial letters of his name ; and in case he shall falsely 
mark the same, such manufacturer, upon conviction 
thereof, shall forfeit and pay the sum of forty shillings 
for each cask so falsely marked. 

And be it further enacted, That the respective surveyors 
and assay- masters shall be paid for every cask of Flax 
Seed, Pot Ash or Pearl Ash, that they shall survey or assay, 
the sum of six pence, provided the number does not 
exceed ten, and four pence for each cask exceeding that 
number, exclusive of cooperage, to be paid by the 
shipper. 

Be it further enacted by the authority aforesaid, That 
the selectmen, or the major part of them, in every town 
in the Commonwealth, where there may be occasion, be, 
and they are hereby empowered and directed, to choose 
and appoint annually a fit person or persons to be search- 
ers and packers of barreled Beef, Pork and Fish, who shall 
be sworn to the faithful execution of their trust, by the 
town clerk of the said town, and the said town clerk 
shall record the same in the town books ; whose duty 
shall be to pack and search all the Fish, Beef and Pork 
which shall be packed in the same, designed for exporta- 
tion out of this State, and they shall not pack any Fish, 
Beef or Pork, in any cask which shall be of unseasoned 
stuff, or which shall be under the assize established In- 
law, under the penalty of ten shillings for every cask so 
packed. 

And be it further enacted, That in every town where 
such commodities are packed up for sale, the searcher 
and packer of such town, or of the town where they are 
put to sale or shipped, shall, 'previously thereto, see that 



1784. — Chapter 30. 103 

they be properly repacked, and that there be good salt in 
each cask, sufficient to preserve the Fish, Beef or Pork, 
from damage to any port or place to which they arc 
designed to be shipped ; and it shall be his business to 
see that the Beef and Pork in cask is of the whole, half 
and quarter and so proportionally, that the best be not 
left out; and that each barrel of Pork shall weigh two 
hundred pounds weight, and each barrel of Beef two hun- 
dred and twenty pounds weight, each cask to be well sea- 
soned, and bound with not less than twelve sufficient 
hoops ; and that Mackarel and other barreled Fish be 
packed all of one kind, and in cask well seasoned, con- 
taining not less than thirty gallons, and that all casks so 
packed be full, and the fish sound and well seasoned ; on 
all which casks of Beef, Pork and Fish, so searched, exam- 
ined and approved, the said packer shall brand or imprint, 
with a burning iron, the following brand or mark, MASS. 
RPD. with the initial letters of his christian name and his 
sirname at large, and the letter P at the end thereof, 
denoting that the same is merchantable, and in good order 
for exportation ; and all such other provision as the 
packer shall find whole.-ome and useful, though for its 
quality it be not merchantable, he shall cause to be well 
[jacked, salted and tilled, and the same mark with the 
word REFUSE ; for which he shall receive from the 
owner six pence for each barrel, and so in proportion for 
a larger or smaller cask. And if any such provisions be penalty for 
put to sale, or shipped off without having been approved provStonB U not 
by a packer, and the casks in which they are contained approved. 
not have the said packer's stamp, mark or brand upon 
them, or if any master of any ship or other vessel, officer 
or mariner, shall receive on board any such, the offender 
or offenders shall incur the penalty of ten pounds for each 
cask so shipped, to be sued for and recovered in any 
Court of record within this Commonwealth proper to fry 
the same ; and all such Fish, Beef or Pork (laded or received 
on board as aforesaid) shall be forfeited. 

And be it further enacted, That if any cooper, packer Penalty for 
or other person, shall shift any fish or flesh, either on nelhlafterbe'h'g 
board any ship or other vessel, or on shore, after the the™ acker. ' by 
same hath been so branded, stamped or marked by the 
packer, and ship and export the same, and anew brand, 
stamp or mark the cask whereinto such provisions are 
shifted, all persons acting, ordering or assisting therein, 



104 



1784. — Chapter 30. 



No vessel hav- 
ing on board 
flax seed, &c. 
to be cleared 
out by the naval 
oflicer, until. 



Cullers of dry 
Kish to be annu- 
ally chosen. 



and being thereof convicted, shall forfeit and pay a sum 
not exceeding Fifty pounds, nor less than Ten pounds, and 
pay a fine for each cask so shifted, Ten pounds. And if 
any person or persons other than the proper officer, shall 
presume to mark, stamp, or brand any cask of Flax Seed, 
Pot Ash, Pearl Ash, Beef, Pork or barreled Fish, with the 
stamping or branding instrument belonging to such officer, 
or other instrument made in imitation thereof, such per- 
son or persons on conviction thereof, shall forfeit and pay 
a sum not less than Ten pounds, nor more than Fifty 
pounds, for each cask so marked, stamped or branded, to 
be recovered in manner aforementioned. 

And be it further enacted by the authority aforesaid, That 
no vessel on board of which any cask of Flax Seed, Pot Ash, 
Pearl Ash, barreled Pork, Beef, or Fish, is shipped for 
exportation, shall be cleared out by the naval officer until 
the master or owner thereof shall have produced a certifi- 
cate or certificates from some person or persons duly 
appointed for the purpose of surveying, assaying, proving 
or packing the said articles, that the same have been sur- 
veyed, assayed, proved, packed or repacked, as by this 
act is required, which certificate or certificates shall be 
granted free from any expense. 

And whereas great inconvenience and damage to mer- 
chants, and much loss to the interests of the Commonwealth, 
arise for want of proper p^^rsons being appointed in the 
seaport towns to cull dry fish: 

Be it therefore enacted by the authority aforesaid, That 
there shall be annually chosen in every seaport town 
within this Commonwealth, where Fish is made and cured 
or sold, at the annual March meeting, a suitable number 
of skilful and disinterested persons, inhabitants of such 
town, to be cullers of Fish ; and any person who shall 
cull fish without being chosen and sworn, shall forfeit the 
sum of five pounds for every quintal of Fish by him culled, 
and such cullers in culling Fish shall have regard to the 
contract between the buyer and seller, with respect to the 
season of the year wherein such Fish is cured. 

And be it further enacted, That every master or com- 
manding officer of any ship or other vessel, who shall 
take on board any Fish in order to transport the same 
beyond sea, without having the same first surveyed or 
culled by a person duly appointed and under oath, shall 
forfeit and pay a fine of six shillings for each and every 



1784. — Chaptbk 81. 10. r > 

quintal so received or taken on board; and every person Cuiiertobe 
chosen into the office of a culler of Fish, shall before he 8 
enter on the duties of his office, be sworn as other town 
officers arc, to the faithful discharge of his trust, and 
shall be allowed and paid one penny half-penny for 
every quintal of Fish which lie shall surveyor cull, by the 
purchaser thereof. Provided nevertheless, When it shall Prov,6 °- 
so happen that the sworn cullers cannot be obtained, that 
then it shall and may be lawful for the buyer and seller to 
agree upon some meet person to be a culler in such case, 
— Provided, he be first sworn faithfully to discharge the 
(rust. 

And be it enacted by the authority aforesaid, That the Cuuere already 
cullers of Fish already chosen in the several towns in this continued, until. 
Commonwealth, be continued in office until their next 
March meetings respectively. 

And be it further enacted, That this act so far as it regu- Time this act 
lates and respects the exportation of barrel Pork and Beef, 
shall not be in force until the twentieth day of December 
next ; and so far as this act regulates and respects the 
exportation of barreled Fish, it shall not be in force until 
the first day of April next. 

And be it further enacted, That penalties and forfeitures Penalties, hqw 
arising by force and virtue of this act, shall be one half to appropnae ' 
the use of the Commonwealth, and the other half to him 
or them who shall inform and sue for the same. 

And it is enacted, That all laws heretofore made, so far Former laws 

repealed. 

as the} r respect the commodities by this act regulated, be, 
and they are hereby repealed. November 9, 1784. 

1784. — Chapter .31. 

[October Session, ch. 6.] 

AN ACT, IN ADDITION TO AN ACT, MADE AND PASSED THE nh m) Q1 
PRESENT YEAR, ENTITLED, "AN ACT EOR REPEALING TWO J- ' 

LAWS OF THIS STATE, AND FOR ASSERTING THE RIGHT OF 
THIS FREE AND SOVEREIGN COMMONWEALTH, TO EXPEL 
SUCH ALIENS AS MAY BE DANGEROUS TO THE PEACE AND 
GOOD ORDER OF GOVERNMENT." 

Whereas in the last paragraph of the act aforesaid, pro- preamble. 
vision is made as follows: Provided, such claimers are not 
included in the act aforesaid, made in the year One thousand 
seven hundred and seventy-eight: 

Be it therefore enacted by the Semite and House of Rep- 
resentatives in General Court assembled, and by the author- 



106 1784. — Chapter 31. 

repeaTd. ity °f ^ ie same, That the proviso above recited be, and 

hereby is repealed. And in lieu thereof, 

He it enacted, That provided such claimers are not 
included in the act aforesaid, entitled, " An act to confis- 
cate the estates of certain notorious conspirators against 
the government and liberties of the inhabitants of the late 
Province, now State of Massachusetts Bay.''' 

And whereas, by the act aforesaid, made and passed in 
the present year , no provision is made respecting the real 
estates of such Absentees as have been mortgaged or leased 
by order of Government : 
fbsente** 168 ° f ^ e ^ therefore enacted by the authority aforesaid, That 
which have been all those real estates, which on the 19th day of April, in 
ieased a by C gov- the year One thousand seven hundred and seventy-five, 
co"skiered? w were the property of any person or persons who are men- 
tioned, intended or described, in an act passed in the year 
One thousand seven hundred and seventy-nine, entitled, 
" An act for confiscating the estates of certain persons, 
commonly called Absentees ; " and which estates have been 
mortgaged by order of government, shall be considered as 
having been confiscated, saving only the right of redemp- 
tion in the legal claimers, or in the Commonwealth where 
no legal claimant shall appear, upon paying and discharg- 
ing the mortgage, according to the true intent and spirit 
of the same, whieh such claimants are authorized to do in 
the same manner as the Commonwealth might ; and where 
such estate hath been leased by order of government, the 
income and profit, use and improvement thereof, shall be 
considered as confiscated for the term of which the same 
is leased ; and the tenants shall hold the same accordingly, 
till the end of the term, when the claimants shall have the 
same; and that all doings and proceedings of agents, and 
committees on any real estate of an Absentee, or a real 
British subject, which has not been confiscated, done and 
had according to the laws and resolutions of government, 
or which has been done by any other person under orders 
of any military commander, shall be good and valid to all 
intents and purposes. 

And be it further enacted by the authority aforesaid, 
Personal estate That all the personal estate of the loersons aforesaid, who 

disposed of by . . L „ ' . 

government, to lel't this btate, or any other ot the United States, or any 

tiscated. of the Provinces or Colonies of America, since the fifth day 

of October, in the year One thousand seven hundred and 

seventy-four ; and before the making of the present con- 



1784. — Ohaptee 32. 107 

stitution or frame of government of this Commonwealth, 

and wenl off to, and took the protection of the government, 
fleet or army of Great Britain, and which personal estate 
hath been taken, sold, used or disposed of, by order of 
government, shall beheld, deemed and taken to have been 
confiscated ; and that no person or persons of the descrip- 
tions aforesaid, shall have or maintain any action against 
any committee, agent or any person whatsoever, who has 
disposed of the same in consequence of any law, resolve 
or order of government, or of the Provincial Congress, 
formerly holden in this then Province, or of any order or 
resolve of the United States, or taken by the order of any 
military commander, to the use of this or the United 
States ; and where any action shall be brought therefor, 
the party sued may plead the general issue, and give this 
act in evidence. November 10, 1784. 



1784. — Chapter 32. 

[October Session, ch. 7.] 

AN ACT FOR ESTABLISHING] A SCHOOL IN THE NORTH PARISH (J/ U ,> h 32 
OF HINGHAM, BY THE NAME OF DERBY SCHOOL, AND FOR 1 ' 

APPOINTING AND INCORPORATING TRUSTEES OF THE SAID 
SCHOOL. 

Whereas the education of youth has ever been considered, 
by the wise and good, as an object of the highest conse- 
quence to the safety and happiness of a free people: And 
whereas Sarah Derby o/Hingham, in the county of Suffolk, 
Widow, on the twenty-first day of October, last past, by a 
deed of lease and release, of that date, legally executed, 
gave, granted and conveyed to the Reverend Ebenezer Gay, 
and others therein named, and to their heirs, a certain 
piece of land, with the buildings thereon, situate in the 
north parish of the said Hingham ; and in the said deed 
described to the use and upon the trust, that the rents and 
profits thereon be forever appropriated to the support of a 
school, in the said north parish of Hingham , for the instruc- 
tion of such youth, in such arts, languages and, branches 
of science as are particularly mentioned, enumerated and 
described in the said deed. And wliereas the execution of 
the generous and important design of instituting the said 
school will be attended with great embarrassments, unless 
by an act of incorporation, the trustees mentioned in the 
said deed, and their successors, shall be authorized to com- 



Preamble. 



108 



1784. — Chaptbb 32. 



Dolby School 
established. 



mence and prosecute actions at law, and transact such other 
matters in their corporate capacity, as the interest of the 
said school shall require: 

Be it therefore enacted by the Senate, and House of Rep- 
resentatives in General Court assembled, and by the author- 
ity of the same, That there be, unci there hereby is 
established, in the north parish of Hingham, in the county 
of Suffolk, a school, by the name of Derby School, for the 
promotion of virtue and instruction of such youth of each 
sex, in such arts, languages and branches of science, as are 
respectively and severally mentioned, enumerated and 
described, by a deed of lease and release, made and 
executed on the twent} r -rirst day of October last past, by 
and between Sarah Derby, of Hingham, aforesaid, widoAv, 
on the one part, and the Reverend Ebenezer Gay, the 
Reverend Daniel Shute, Jo/in Thaxter, Esq ; the Honour- 
able Benjamin Lincoln, Esq; all of the said Hingham; 
the Honourable Cotton Tufts, of Weymouth, and the Hon- 
orable Richard Cranch, of Brainlree, both in the said 
county of Suffolk, Esq'rs. the Honorable William Gush- 
ing, and the Honorable Nathan Gushing, both of Scituate, 
in the county of Rlimoulh, Esq'rs. John Thaxter, of 
Haverhill, in the county of Essex, Esq ; and Benjamin 
Lincoln, of Boston, in the said county of Suffolk, gentle- 
man, on the other part. 

Be it further enacted by the authority aforesaid, That the 
aforementioned Ebenezer Gay, Daniel Shute, John Thax- 
ter, Benjamin Lincoln, Cotton Tufts, Richard Cranch, 
William Gushing, Nathan Gushing, John Thaxter, and 
Benjamin Lincoln, be, and they hereby are nominated 
and appointed Trustees of the said school ; and they are 
hereby incorporated into a body politic, by the name of 
the Trustees of Derby School, and they and their succes- 
sors shall be and continue a body politic and corporate, 
by the same name forever. 

Be it further enacted by the authority aforesaid, That all 
confirmed i to tfie the lands and buildings which by the aforementioned deed 
of lease and release were given, granted and conveyed by 
the aforementioned Sarah Derby, unto the said Ebenezer 
Gay, Daniel, Shute, John Thaxter, Benjamin, Lincoln, 
Cotton Tuffs, Richard Cranch, William Gushing, Nathan 
Gushing, John, Thaxter, and Benjamin Lincoln, and to 
their heirs, be, and they hereby are confirmed to the said 
Ebenezer Gay, and others last named, and to their succes- 



Truetees a] 
pointed am 
corporated. 



Lands, &c. given 
l>y Sarah Derby, 



1784. — CiiAPTEii 32. 109 

sors, as Trustees of Derby School, forever, for the uses, 
intents and purposes, and upon the trusts which in the 
said deed of lease and release are expressed ; and the 
Trustees aforesaid, their successors, and the officers of 
the said school, are hereby required in conducting the 
concerns thereof, and in all matters relating thereto, to 
regulate themselves conformably to the true design and 
intention of the said Sarah Derby, as expressed in the 
deed abovementioned. 

Be it further enacted by the authority aforesaid, That Trustees to have 

,„ 0116 roninion 

the said Trustees and their successors, shall have one seal, 
common seal, which they may make use of in any cause 
or business that relates to the said office of Trustees of the 
said school ; and they shall have power and authority to 
break, change and renew the said seal from time to time, 
as they shall see fit ; and they may sue and be sued in all 
actions, real, personal and mixed, and prosecute and 
defend the same to final judgment and execution, by the 
name of the Trustees of Derby School. 

Be it further enacted by the authority aforesaid, That Trust ees and 
the said Ebenezer Gay, and others, the Trustees aforesaid, sors, to be the 
and their successors, the longest livers and survivors of B0 ev>sl ors ' c ' 
them, be the true and sole visitors, trustees and govern- 
ors of the said Derby School, in perpetual succession for- 
ever, to be continued in the way and manner hereafter 
specified, with full power and authority to elect a presi- To elect officers, 
dent, secretary and treasurer, and such officers of the said 
school as they shall judge necessary and convenient ; and 
to make and ordain such laws, rules and orders, for the 
good government of the said school, as to them the trus- 
tees, governors and visitors aforesaid, and their succes- 
sors, shall from time to time, according to the various 
occasions and circumstances, seem most fit and requisite ; 
all which shall be observed by the officers, scholars and 
servants of the said school, upon the penalties therein con- 
tained. Provided notwithstanding, That the said rules, Proviso. 
laws and orders, be no ways contrary to the laws of this 
Commonwealth. 

Be it further enacted by the authority aforesaid, That Number of 
the number of the said Trustees and their successors, shall 
not at any one time, be more than eleven nor less than 
nine, five of whom shall constitute a quorum for transact- 
ing business; and a major part of the members present 



110 1784.— Chapter 32. 

shall decide all questions that shall come before them ; that 
the principal preceptor for the time being, shall be ever 
one of them, that a major part shall be laymen and respect- 
able freeholders of this Commonwealth, and never more 
than four of the said Trustees or their successors, shall 
belong to or be inhabitants of the town of Hingham, afore- 
mentioned. And to perpetuate the succession of the said 
Trustees, 
surviving Trus- jj e {( further enacted by the authority aforesaid, That 

tees to supply J /»im J J ' 

vacancies occa- jis otten as one or more of the Trustees of Derht/ School 

sioned by death, i n t • . ,. . n . .» . , 

&c. snail die or resign, or in the judgment ot the major pail 

of the said Trustees be rendered by age or otherwise, 
incapable of discharging the duties of his office, then and 
so often the Trustees then surviving and remaining, or 
the major part of them, shall elect one or more persons 
to supply the vacancy or vacancies. 

Trustees ren- J3 e n further enacted by the authority aforesaid, That 

uGi'titl capable to *^ *^ «/ «/ 

receive land, by the Trustees aforesaid, and their successors, be, and they 
hereby are rendered capable in law, to take and receive 
by gift, grant, devise, bequest or otherwise, any lands, 
tenements or other estate, real and personal, provided 
that the annual income of the said real estate shall not 
exceed the sum of three hundred pounds, and the annual 
income of the said personal estate shall not exceed the 
sum of seven hundred pounds ; both sums to be valued in 
silver, at the rate of six shillings and eight pence by the 
ounce ; to have and to hold the same to them the said 
Trustees, and their successors, on such terms and under 
such provisions and limitations as may be expressed in 
any deed or instrument of conveyance to them made. 

Proviso. Provided always, That neither the said Trustees nor their 

successors, shall ever hereafter receive any grant or dona- 
tion, the condition whereof shall require them or any 
others concerned, to act in any respect counter to the 
design of the aforementioned /Sarah Derby, as expressed 
in the aforementioned deed or any prior donation ; and 
all deeds and instruments which the said Trustees may 
lawfully make, shall when made in the name of the said 
Trustees, and signed and delivered by the Treasurer, and 
sealed with the common seal, bind the said Trustees and 
their successors, and be valid in law. 

JoTeredtTde- De ** further enacted by the authority aforesaid, That 

termine times the aforesaid Trustees shall have full power and authority 



1784. — Chapter 33. Ill 



termine at what times and places their meetings shall ^ d £ n ac 8 eB g°* 
ilden ; and upon the manner of notifying the Trustees 



to det( 
be hoi dei 

to convene at such meetings, and also upon the method of 
electing or removing Trustees ; and the said Trustees 
shall have full power and authority to ascertain and pre- 
scribe from time to time, the powers and duties of their 
several officers, and to fix and ascertain the tenures of 
their respective offices. 

Be it further enacted by the authority aforesaid, That ^"to^'Ti.V 
Samuel Wiles. Esq ; be, and he hereby is authorized and time for the tii i 
empowered, to fix the time and place for holding the first 
meeting of the said Trustees, and to certify them thereof. 

November 11, 1784. 



1784. — Chapter 33. 

[October Session, ch. 8.] 

AN ACT EMPOWERING THE DELEGATES OF THIS COMMON- Cha)). 33 
WEALTH, IN THE UNITED STATES IN CONGRESS ASSEMBLKD, ' 

TO RELINQUISH TO THE UNITED STATES CERTAIN LANDS, 
THE PROPERTY OF THIS COMMONWEALTH. 

Whereas several of the States in the union, have at Preamble. 
present no interest in the great and extensive tract of 
uncultivated country, lying in the westerly part of the 
United States, and it may be reasonable that the States 
above mentioned shauld be interested in the aforesaid 
country : 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority 
of the same, That the delegates of this Commonwealth, in Delegates au- 
the United States in Congress assembled, or any three of certain lands, 
the said delegates, be, and they hereby are authorized 
and empowered, for and in behalf of this Commonwealth, 
to cede or relinquish, by authentic conveyance or convey- 
ances, to the United States, to be disposed of for the 
common benefit of the same, agreeable to a resolve of Con- 
gress, of October the tenth, One thousand seven hundred 
and eighty, such part of that tract of land belonging to 
this Commonwealth, which lies between the rivers Hudson 
and Mississippi, as they may think proper ; and to make 
the said cession in such manner and on such conditions 
as shall appear to them to be most suitable. 

November 13, 1784. 



112 



1784. — Chapter 34. 



Chap. 34 



1784. — Chapter 34. 

[January Session, ch. 2.] 

AN ACT FOR INCORPORATING A GRANT OF LAND, FORMERLY 
MADE TO MR. CORNELIUS JONES, OF TEN THOUSAND ACRES, 
CALLED BY THE NAME OF MTR1FIELD, IN THE COUNTY OF 
HAMPSHIRE, TOGETHER WITH OTHER LANDS ADJOINING, 
AND THE INHABITANTS THEREON, INTO A SEPARATE TOWN, 
BY THE NAME OF ROWE. 

Preamble. Whereas a number of the inhabitants of the plantation 

called Myrifield, in the county of Hampshire, have peti- 
tioned this Court to be incorporated into a town, for reasons 
set forth in their petition, and it appearing to this Court 
thai it is expedient that the said plantation be incorporated: 
Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That the lands hereafter described, 
Boundaries. viz. : Beginning at the southwest corner of the before- 
mentioned grant of land, thence running south two hun- 
dred rods to a corner ; thence running east six degrees 
south, one thousand five hundred and sixty-six rods to a 
corner ; thence north one thousand three hundred and 
forty-three rods, to the line of a, territory called Vermont; 
including the abovementioned grant, together with two 
hundred rods in width from the town of Charlemont, and 
from Pierce's, Dennis's, and the whole of Fulham's grant 
of land west of Charlemont, on the south side of the said 
Myrifield ; also, together with two hundred rods in width 
on the east end from the lands called Green and Walker's 
lands, together with the inhabitants thereon ; be, and they 
are, hereby incorporated into a distinct town, by the name 
of Howe, and invested with all the powers, privileges and 
immunities, that towns in this Commonwealth are entitled 
to, or do or may enjoy, according to law. 

And be it further enacted by the authority aforesaid, 
samuei Taylor, That Samuel Taylor, of Buchland, Esq ; be, and he 
meeting.™ a hereby is, empowered to issue his warrant directed to 
some principal inhabitant within the said town of Howe, 
directing him to warn the inhabitants of the said town, 
qualified to vote in town affairs, to assemble at some con- 
venient time and place in the same town, to choose all 
such town officers as by law are to be chosen annually, 
in the month of March. 
Topaytbeh- Provided nevertheless, The inhabitants of the said town 

taxe P 8 01 " of Howe, which were before the passing this net inhabitants 



1784. — Chapters 35, 36. 113 

of any other town or place, shall pay their proportionable 
part of all such town, county and state taxes, as are 
already assessed or levied on them by the town or place 
where they usually were taxed. 

And be it further enacted by the authority aforesaid, That J? t $ J n 1 t I }, c e lnded 
the whole and every part of the said town of Rowe be here- grantyof 
aft er included within the county of Hampshire ; and that the 
west bound thereof shall be the boundary line, between the 
counties of Hampshire and Berkshire. February 9, 1785. 

1784. - Chapter 35. 

[January Session, ch. 3.] 
AN ACT LIMITING THE TIMES WITHIN WHICH ACCOUNTS OR (J] iav 35 
DEMANDS AGAINST THIS COMMONWEALTH SHALL BE EXHIB- -*■ ' 

ITED FOR LIQUIDATION AND ALLOWANCE. 

Whereas for the speedy and uniform settlement of public Preamble. 
accounts, and for the prevention of fraud, it is expedient 
that accounts or demands against the Commonwealth , not 
liquidated, settled and allowed by Government, should be 
seasonably exhibited for liquidation and allowance: 

Beit enacted by the Senate and House of Representatives 
in General Court assembled, and by the authority of the 
same, That all accounts or demands against this Common- Time Axed with- 

112 which iic- 

wealth, which accrued to any individuals or private cor- counts may be 

porations previous to or during the late war, which have p,eBen e 

not been exhibited, liquidated and allowed by government, 

be presented for liquidation and allowance, on or before 

the first day of January, One thousand seven hundred and 

eighty-six ; and that all accounts or demands which have 

arisen or accrued since the close of the late war, or that 

shall hereafter accrue as aforesaid, which have not or may 

not be liquidated and allowed by government, be presented 

for liquidation and allowance, within tw^o years after the 

time of passing this act, or otherwise within two years 

after the same shall accrue, become due and payable, and 

not afterwards. February 9, 1785. 

1784. — Chapter 36. 

[January Session, ch. 4.] 

AN ACT TO SET OFF SAMUEL LUCE, JONATHAN SNOW, EDWARD pj inn Q(l 
WING, ADMIRAL POTTER AND REUBEN HOUS, FROM THE Ky ' ia P' °° 
TOWN OF CONWAY, IN THE COUNTY OF HAMPSHIRE, AND 
ANNEX THEM TO THE TOWN OF GOSHEN, IN THE SAID COUNTY. 

Whereas it is represented by Samuel Luce, Jonathan Preamble. 
Snow, Edward Wing, Admiral Potter and Reuben Hous, 



114 1784. — Chapters 37, 38. 

that they labor under great inconveniencies by reason of 
their situation ; and it appears to this Court to be expedient 
that they, with their polls and estates, should be set off from 
the town of Conway, and annexed to the town of Goshen, 
the said town having signified their consent: 

Be it enacted by the /Senate and House of Representatives 

in General Court assembled, and by the authority of the 

Samuel Luce, same, That Samuel Luce, Jonathan Snow. Edward Wing. 

auu others, set - , . 7 _ i -r\ i tt •j-i.ii • 11 i 

off. Admiral Rotter, and Reuben Rous, with their polls and 

estates, be, and they are hereby set oft' from the town of 
Conway and annexed to the town of Goshen, and shall 
forever hereafter be considered as belonging to the said 
town of Goshen, there to do duty and enjoy privileges. 

Proviso. Provided nevertheless, That the several persons above- 

named shall pay their proportional part of all taxes which 
are already assessed on the said town of Conway, in like 
manner as though this act had not passed. 

February 9, 1785. 



Chap. 37 



1784. — Chapter 37. 

[January Session, ch. 5.] 

AN ACT FOR REPEALING ONE ACT OF THIS COMMONWEALTH, 
MADE AND PASSED IN THE YEAR OF OUR LORD, ONE 
THOUSAND SEVEN HUNDRED AND EIGHTY-FOUR, ENTITLED, 
"AN ACT FOR REGULATING THE MARKET IN BOSTON." 



Preamble. Whereas the said act hath not answered in all respects 

the purposes intended by the same, and the keeping the said 
act any longer in force will not be useful and beneficial: 

Therefore, be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 

Act repealed, authority of the same, That the aforesaid act and every 
part and clause of the same, be, and hereby is, repealed and 
made null and void. February 11, 1785. 



1784. — Chapter 38. 

[January Session, ch. C] 

Ch 3^ AN ACT MAKING AN ADDITIONAL ALLOWANCE TO THE JUSTICES 

Lfflap, OO op TnE SU pK,EME JUDICIAL COURT, FOR THEIR SUPPORT. 

Preamble. Whereas by the laws of this State lately passed % the 

business of the Justices of the Supreme Judicial Court is 
much, increased, and they by their consequent absence from 
their families, exposed to great additional expence: 



1784. — Chapter 39. 115 

Be if therefore enacted by the Senate and House of Rep- 
resentatives in General Court assembled, and by the 
authority of the same, That there be allowed and paid out sum allowed. 
of the public treasury, to each of the Justices of the 
Supreme Judicial Court, the sum of Fifty pounds per 
annum, in addition to the salary now by law allowed them, 
to commence the first day of January, One thousand seven wiientocom- 
hundred and eighty-four, and to continue until the first mencc ' &c ' 
day ol' January, One thousand seven hundred and eighty- 
seven . February 11,1 785. 

1784. — Chapter 39. 

[January Session, eh. 7.] 

AN ACT FOR INCORPORATING A CERTAIN TRACT OF LAND, Qhai) 39 
LYING IN THE COUNTY OF HAMPSHIRE, INTO A TOWN, BY * ' ' 

THE NAME OF HEATH. 

Whereas it apjiears on representation to this Court, that Preamble. 
it would be of public utility, and for the particular advan- 
tage of the inhabitants and jwoprietors of the northeasterly 
part of the town of Charlemont, together with a part of the 
lands commonly known by the name of Green and Walk- 
er's land, adjoining to the said lands northerly, should be 
incorporated into a distinct town; and the said inhabitants 
have signified their desire to be incorporated into a town, 
by an act of this Court: 

Be it therefore enacted by the Senate and House of Rep- 
resentatires in General Court assembled, and by the 
authority of the same, That all the lands included within 
the following boundaries be, and hereby are incorporated 
..into a town, by the name of Heath, viz. : Beginning at the Boundaries, 
northeast corner of the lot number twelve, about two 
hundred rods distant from the northwest corner of Green 
and Walker's land, and running south three miles and one 
hundred and eighty rods to the north line of Charlemont ; 
then west six degrees north eighty rods to the north-west 
corner of Wilder's lot number one ; then south on the west 
end of the said Wilder'' s range of lots through Cunning- 
ham's and Baldwin's farms, about seven hundred and sixty 
rods to the south line of the same ; then turning east twelve 
degrees thirty minutes south to the northwest corner of 
Asahel Thayer's lot ; then south nine degrees west one 
hundred and ninety-seven rods to the southwest corner 
of the said Asahel Thayer's lot; then east twelve degrees 



116 



1784. — Chapter 39. 



Invested with 
privileges, &c. 



Proviso. 



Certain inhabi- 
tants holden to 
pay taxes to 
(Jharleniont. 



What part con- 
sidered as be- 
longing to 
Charlemont. 



thirty minutes south one hundred and five rods ; then south 
about thirty rods to the southwest corner of the Reverend 
Jonathan Leavitfs lot; then east six degrees south about 
two hundred and forty rods to the southeast corner of the 
same ; then east twenty-five degrees north, running across 
Walnut Hill, to the west line of Colerain, about seven 
hundred and eighty rods ; then north on the west line of 
Colerain about eighteen hundred rods to the northeast 
corner of Green and Walker's grant ; then west ten degrees 
north, about eleven hundred and twenty rods on the south 
line of Halifax to the first mentioned bounds ; and the said 
town is hereby invested with all the powers, privileges and 
immunities that any town within this Commonwealth is 
entitled unto, agreeable to the constitution of the govern- 
ment of this Commonwealth. 

Provided always, That so much of the said town of 
Heath, as before the passing this act belonged unto the 
town of Charlemont, shall be holden to pay all such con- 
tinental, state, county and town taxes, already assessed 
on the inhabitants and proprietors of the said town of 
Heath unto the town of Charlemont ; any thing in this act 
to the contrary notwithstanding. 

And it is furthermore provided, That the inhabitants 
and proprietors of the said town of Heath shall have one 
half the meeting house now standing in the town of 
Charlemont, and shall relinquish their right to all the pub- 
lic lands in the said town of Charlemont; and the inhabi- 
tants and proprietors of the said town of Heath, excepting 
the inhabitants and proprietors of Green and Walker's 
lands, shall also be holden to pay their proportionable 
part of all continental, state, county and town taxes, 
required of the town of Charlemont, in the same propor- 
tion at which they now stand on the valuation of the town 
of Charlemont, until the further order of the General 
Court, or until a new valuation shall take place. 

And be it further enacted by the authority aforesaid, 
That that part of the said town of Heath which before the 
enacting hereof belonged to Charlemont, shall be consid- 
ered as proper inhabitants of the town of Charlemont, in 
the same manner as before their incorporation, respecting 
any incumbrances the town of Charlemont labours under, 
and in an especial manner, respecting any cost the Rev. 
Jonathan Leavitt may bring upon the town, in consequence 
of his once being minister of Charlemont. 



1784. — Chapter 40. 117 

And be it further enacted by the authority aforesaid, 
That Samuel Taylor, Esq; be, and herein- is, empowered | a ™? JJf i or - 
to issue his warrant directed to some one principal inhah- meeting. 
itant of the said town of Heath, directing him to notify 
the inhabitants of the said town to meet at such time and 
place as he shall appoint, to choose all such officers as 
other towns are empowered to choose, at their annual 
meetings in the month of March. February 14, 1785. 



1784. — Chapter 40. 

[January Session, ch. 8.] 
AN ACT AGAINST ADULTERY, POLYGAMY AND LEWDNESS. QJiap. 40 

Whereas chastity of behaviour, and the due observance Preamble. 
of the marriage covenant, are highly conducive to the peace, 
good order and welfare of the community, and the violation 
of them productive of great evils to individuals and the 
public- 
Be it therefore enacted by the Senate and House of Rep- 
resentatives in General Court assembled, and by the author- 
ity of the same, That if any man or woman shall commit Punishment for 
adultery, and be thereof convicted, every person so con- 
victed shall be set upon the gallows with a rope about his 
or her neck, and the other end of it cast over the gallows, 
for the space of one hour, be publickly whipped, not 
exceeding thirty-nine stripes, be imprisoned or fined, and 
bound to the good behaviour; all or any of these punish- 
ments, according to the aggravation of the offence. 

And be it further enacted by the authority aforesaid, 
That if any person within this Commonwealth being mar- Punishment for 
ried, or who hereafter shall marry, shall marry any per- po,yganiy ' 
son, the former husband or wife being alive, or who shall 
continue to live so married, and being thereof convicted, 
shall be sentenced to be set on the gallows for the space 
of one hour, with a rope about his or her neck, and the 
other end thereof cast over the gallows, be publickly 
whipped not exceeding thirty stripes, be imprisoned, fined 
and bound to the good behaviour ; all or any of these 
punishments, according to the aggravation of the offence ; 
and the party or parties so offending, may receive such 
and the like proceeding, trial and execution in such county 
where such person or persons shall be apprehended, as if 
the offence had been committed in the same county. 



118 1784. — Chapter 41. 



where hutTand Provided ahvays, That this act or any thing therein 
or wife shall be contained, shall not extend to any person whose husband 

absent 7 years. . ' . J *r 

or wite shall be continually remaining beyond sea by the 
space of seven years together, or whose husband or wife 
shall absent him or herself the one from the other, by the 
space of seven years together; the one of them, in either 
case, not knowing the other to be living within that time. 
Provided also, That this act, or any thing therein con- 
tained, shall not extend «to the wife of any married man 
who shall willingly absent himself from his said wife, by 
the space of seven years together, without making suita- 
ble provision for her support and maintenance in the 
mean time, if it shall be in his power so to do. 
?orce§f r ormar- Provided also, That this act, or anything therein con- 
aiK of consent 6 Gained, shall not extend to any person that is or shall be 
at the time of such marriage divorced, by sentence of any 
Court whatsoever, which has or may have legal jurisdic- 
tion for that purpose, unless such person is the guilty 
cause of such divorce ; nor to any person for or by rea- 
son of any former marriage had or made, or hereafter to 
be had or made within the age of consent. 

And be it further enacted by the authority aforesaid, 
tewdMdlasrivi* That if any man or woman, either or both of whom being 
ous behaviour, then married, shall lewdly and lasciviously associate and 
cohabit together, or if any man or woman, married or 
unmarried, shall be guilty of open gross lewdness and 
lascivious behaviour, and being thereof convicted before 
the Justices of the Supreme Judicial Court, shall be pun- 
ished by setting in the pillory, whipping, fining, impris- 
onment and binding to the good behaviour ; all or any of 
these punishments according to the aggravation of the 
offence . February 17,1 785. 



1784. — Chapter 41. 

[January Session, ch. 9.] 

Chan. 41 AN ACT F0R providing and regulating of prisons. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority 
Goals to be of the same, That the Justices of the Court of General 
where courts ™ Sessions of the Peace shall from time to time assess the 
polls and estates within their several counties, in such 
sums as may be necessary to erect and keep in repair a 
good and sufficient goal in each town where a Court by 



are holclen. 



1784. — Chapter 41. Ill) 

law is to be holden ; and to direct and order the building 
and repairing such goals, according to their discretion. 

Provided nevertheless^ That the Courts of Sessions shall 
not assess any greater sum of money to defray county 
charges than they shall be authorized by the General 
Court to assess ; and where the escape of any prisoner Escape of pns- 
shall happen through the insufficiency of the goal, or the "^insufficiency 
negligence of the sheriff or goaler, the sheriff of the ugfnceVsbeT 
county in which the escape happens shall stand chargeable j,^^ b ° e whom 
to the plaintiff, creditor or other person, at whose suit or 
for whose debt he was committed, or to whose use any 
forfeiture was adjudged against such prisoner; and in case in case the es- 

i i n i ,i ii« iy> ' e xi cape happens 

the escape shall happen through the insufficiency ot the through the 
goal, the Court of General Sessions of the Peace in the g n ais, comt of 
county, shall have power and authority to assess the sum powered.'&c. 
or sums upon the polls and estates of the county, and to 
order the county Treasurer to pay the same over to the 
sheriff of the county ; and if the Court of General Ses- 
sions of the Peace shall not make such assessments, and 
if the Treasurer shall not pay such sum or sums within 
six months next after the demand shall be laid before the 
Court of Sessions, then the sheriff of the county may 
bring his action against the inhabitants of such county, to 
be heard and tried, either in that or one of the next 
adjoining counties, at his election ; and an attested copy 
of the writ being left thirty days before the sitting of the 
Court, with the county Treasurer, by the coroner of the 
same county, shall be held and adjudged to be sufficient 
notice of the suit ; and the Justices of the Court of Gen- 
eral Sessions of the Peace shall have full power to appoint 
an agent or agents to appear and defend against such 
action ; and when it shall so happen that the suit shall be 
commenced in another county, and no Court of Sessions 
shall be holden within the county sued, between the time 
of the service of the writ, and the sitting of the Court 
before which the action is brought, the cause shall be con- 
tinued one term ; and all advantages shall be saved to the 
defendants as though they had appeared at the first term ; 
and if judgment shall be given against the county, the 
debt may be levied by execution upon the goods, chattels 
or lands of any inhabitant or inhabitants of the county 
who shall thereupon have his or their action jointly or 
severally in like manner against the count}', to recover 
the monies so levied of him or them. 



120 1784. — Chapter 41. 

veying y an°yi C n - n " And be it further enacted, That if any person shall 
fnto m ri 1 s tort001 directly or indirectly, by any ways or means howsoever, 
without the knowledge or privity of the keeper, convey 
any instrument, tool, or other thing whatsoever, to any 
prisoner, or into any prison, whereby any prisoner might 
break the prison, or work himself unlawfully out of the 
same ; every person so offending, shall forfeit and pay 
such fine as by the discretion of the Court shall be 
imposed, not exceeding One hundred pounds, according 
to the nature of the cause of the prisoner's commitment, 
or sulier such corporal punishment, not exceeding forty 
Further penalty stripes, as the Court shall inflict ; and if it shall so happen 

in ease any pris- , £ . , , L L 

oner by means that any prisoner shall make his escape by means ot any 
men™ &™ haii instrument, tool or other thing so conveyed, without the 
escape. knowledge and privity of the keeper, the person so convey- 

ing the same, shall be liable to pay all such sums of money 
as the prisoner stood committed for, and shall have inflicted 
upon him all such punishment as the escaped prisoner 
would be liable unto, if he had been convicted of the 
charge for which he stood committed, unless such pris- 
oner would have been liable to capital punishment, in 
which case, the person assisting in such escape, shall be 
punished by fine, imprisonment, whipping, pillory, or 
sitting on the gallows with a rope about his neck, or any 
one or more of the said punishments, as the Court shall 
think proper to inflict, 
goaior forYvoL ^ n & ^ e & further enacted, That every goaler or prison 
untary escape, keeper that shall voluntarily suffer any prisoner com- 
mitted unto him to escape, shall suffer and undergo the 
like pains, punishment and penalties, as the prisoner so 
escaping should by law, for the crime or crimes where- 
with he stood charged, if he had been convicted thereof; 
For a negligent and if any goaler or prison keeper shall, through negli- 
gence, suffer any prisoner accused of any crime to escape, 
he shall pay such fine as the Justices of the Court before 
whom he is convicted shall in their discretion inflict, 
according to the nature of the offence for which the 
escaped prisoner stood committed. 
Proviso. Provided nevertheless, That if any person who stands 

committed for debt shall escape from prison, and the 
sheriff, the goaler or prison keeper, shall within three 
months next after such escape recover the prisoner so 
escaped, and return him back to prison again, then the 
sheriff shall be liable to nothing further than the cost of 



1784. — Chapter 41. 121 

any action that may have been commenced against him 
for such escape ; and all tines arising upon the breach of JJJSJ^J° W 
this act, shall be applied to the use of building and repair- 
ing the goal or goals in the county where the offence is 
committed, and shall be paid to the Treasurer of the 
county for that purpose. 

And be it further enacted by the authority aforesaid, 
That the sheriffs of the respective counties, from and aX?reS 8 ter ep 
after the passing this act, shall keep a true and exact cal- ofal > prisoners. 
endar or register of all prisoners committed to any prison 
under his care, and that the same shall be kept in a large 
bound book provided and kept for that only purpose ; 
and in the same book shall be distinctly and fairly regis- 
tered, the names of all prisoners who shall from time to 
time be committed to prison (beginning with the names 
of those who may be prisoners when this law shall take 
place) with their names, places of abode, additions, the 
time of their commitment, for what cause, and by what 
authority committed ; and of such as are committed for 
criminal offences, a description of their persons ; and also 
from time to time, as any prisoner shall be liberated, the 
sheriff shall also register in the same book, the name and 
description of the person as aforesaid, the time when, and 
the authority by which such liberation took place, and if 
any prisoner escapes, the time and manner of the escape 
shall be noted in the said book. 

And it is further enacted, That every goaler or prison Goaiersto re- 
keeper, at the opening of the Supreme Judicial Court, or their prisoners, 
the Court of General Sessions of the Peace within the 
county where he keeps the goal, shall return a list of pris- 
oners in his custody therein certifying the cause for 
which, and the persons by whom they were committed, 
and the names of all persons who shall be committed dur- 
ing the sitting of either of the said Courts, with the cause 
of their commitment, that the Justices of the same Courts 
respectively may take cognizance thereof, and as well for 
the Commonwealth as the parties, may proceed to make 
deliverance of such prisoners according to law, for the 
crimes proper to the jurisdiction of the same Courts 
respectively ; and also shall have the said calendar or reg- 
ister of prisoners ready to be inspected by the said 
Courts; and if any goaler shall make default herein, he 
shall be fined at the discretion of the Court. 



122 



1784. — Chapter 41. 



Warrants, mit- 
timuses, &e. to 
be filed in their 
order. 



I rpon removal 
or death of any 
Sheriff, to be 
delivered to his 
successor. 



Apartments to 

lie provided for 
debtors, sepa- 
rate from 
criminals. 



Justices to en- 
1 1 u ire into the 
state of prisons. 



1 lebtors to have 
liberty of the 
yoal yard, &c. 



Proviso. 



And be it enacted by the authority aforesaid, That all 
warrants, mittimuses, writs and instruments of any kind, 
or the attested eopies of them, by which any prisoner 
shall l>e committed, enlarged or liberated, shall be safely 
kept regularly filed in their order of time, and together 
with the said calendar or register, shall be safely kept in 
a suitable box for that purpose, and upon the death or 
removal of any sheriff, shall be delivered to his successor 
in the office, on the penalty of Fifty pounds, to be paid by 
the sheriff removed, or his executors or administrators, in 
case of the death of the sheriff, to be recovered by any 
person who shall prosecute therefor, in any Court proper 
to try the same. 

And it is further enacted, That in the prisons within 
the several counties of this State, there shall be provided 
by the Justices of the Court of General Sessions of the 
Peace, and at the expence of each county respectively, 
sufficient and convenient apartments for receiving and 
lodging prisoners for debt, separate and distinct from 
felons and other criminals ; and it shall be the duty of the 
said Justices at the beginning of every quarter sessions, 
to enquire into the state of the prisons in their respective 
counties, with respect to the security of such prisons 
from escape, the condition and accommodation of the 
prisoners, and shall from time to time take such measures 
as may best tend to secure them from escape, sickness 
and infection. 

And be it further enacted, That any person imprisoned 
for debt, either upon mean process or execution, shall be 
permitted and allowed to have a chamber and lodging in 
any of the houses or apartments belonging to such prisons, 
and liberty of the yard within the same in the day time, 
but not to pass without the limits of the prison, upon 
reasonable payment to be made for chamber room, to be 
set and established once in every year by the Court of 
Sessions, and not to exceed two shillings a week. Pro- 
vided, That such prisoner shall give bond with sufficient 
surety or sureties, within the county, to the creditor or 
creditors, in double the sum for which he is imprisoned, 
conditioned that from the time of executing such bond, 
he will continue a true prisoner in the custody of the 
goaler, and within the limits of the said prison, until he 
shall be lawfully discharged, without committing any 



1784. — Chapter 42. 123 

manner of escape ; and in order to prevent any oppres- 
sion under pretence of the surety or sureties being insuffi- 
cient, two disinterested Justices of the Peace, quorum 
unus, shall be called to approve of the surety or sureties, 
and the same being approved by them, shall be deemed 
Sufficient; and if the creditor or creditors shall refuse to 
take the bond, the same shall be left with the sheriff until 
the creditor or creditors shall demand the same ; and upon 
putting such bond in suit when the condition shall be 
broken, judgment shall be entered up for the whole of 
the penalty, and no chancery shall be allowed therein ; 
and the Court of General Sessions of the Peace shall fix 
and determine the boundaries of the goal yards to the 
several goals appertaining in their respective counties, as 
soon as may be after the publication of this act. 

Whereas it may at some timesthappen ., that the goaler 
or prison keeper may demand an unreasonable compensa- 
tion for articles provided for a prisoner, while in prison, 
under his custody : 

Therefore be it further enacted by the authority afore- 
said, That whenever any dispute about the price of such [ I ) ,!rj 1 'v',',n,' ( '',' M H ,,,, 
articles shall arise, the Court of General Sessions of the g5 e ^Sj' d 2 
Peace for the county in which such goal stands, shall be, termined. 
and hereby are, fully authorized to hear and finally to 
determine all such disputes. February 21, 17S5. 

1784. — Chapter 42. 

[January Session, ch. 10.] 

AN ACT TO PREVENT THE DESTROYING AND MURDERING OF CIl(U) 42 
BASTARD CHILDREN. * ' 

Whereas many lewd and dissolute women, being preg- Preamble. 
nant with bastard children, who regardless of natural 
affection, and to avoid shame and escape punishment, do 
conceal their pregnancy , and, the birth and death of such 
children, by means whereof many of them perish for want 
of necessary and usual assistance, and it cannot be known 
that they were not murdered : 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
(he same, That if any woman shall conceal her pregnancy. Penalty for con- 
and shall willingly be delivered in secret by herself of nancyf&cf g " 
any issue of her body, male or female., which shall by law 
be a bastard, every such woman so offending, shall pay a 
tine not exceeding the sum of fifty pounds, to the use of 



124 1784. — Chapter 43. 

this Commonwealth, to be recovered by information or 
indictment in any Court proper to try the said offence, 
or imprisoned, not exceeding three months, at the discre- 
tion of the Court. 

And be it further enacted by the authority aforesaid, 
.V.mraiingUie That if any woman shall endeavour privately, either by 
bastard! a herself or the procurement of others, to conceal the death 

of any such issue of her body, which if it were born alive 
would by law be a bastard, so that it may not come to 
light whether it were born alive or not, or whether it was 
murdered or not ; in every such case, the mother so offend- 
ing shall be set upon the gallows, with a rope about her 
neck, for the space of one hour, and be further punished 
by being bound to the good behaviour, at the discretion 
of the Court. 

And be it further enacted by the authority aforesaid, 
with murdeff ed That if the Grand Jury shall in the same indictment 
directions in charge any woman with the wilful murder of her infant 

tins case. ii« 

bastard child, as well as with either or both the offences 
aforesaid, and it appear to the jury of trials that she is 
guilty of the murder charged, she shall be thereupon con- 
victed of murder, and suffer the pains of death as in case 
of murder ; but if it doth not appear to the same jury that 
she is guilty of the murder charged in the indictment, but 
only of either or both the offences first herein mentioned, 
then the same jury may acquit her of the charge of mur- 
der, and find her guilty of the said first mentioned offences, 
or either of them, as the case may be. 

February 26, 1785. 



1784. — Chapter 43. 

[January Session, ch. 11.] 

Chat) 43 AN ACT F0R NATURALIZING NICHOLAS ROUSSELET AND 
1 ' GEORGE SMITH. 

Preamble. Whereas Nicholas Rousselet, resident in Boston, auc- 

tioneer, and George Smith, resident in Aiidover, labourer, 
have die elt within this Commonwealth several years,* and 
demeaned themselves well, and have applied to the Legis- 
lature to be naturalized : 

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

Permitted to the same, That the said Nicholas Rousselet, and the said 

take the oath , Y a ' i i • i i i >i 

of allegiance, &c. heorge bmith, be permitted to take and subscribe the 



1784. — Chapters 44, 45. 125 

oath of allegiance to this Commonwealth, before two Jus- 
tices of the Peace, quorum unus, of the county where 
they dwell ; and thereupon, and thereafter, shall be 
deemed, adjudged, and taken to be citizens of this Com- 
monwealth, and entitled to all the liberties, rights and 
privileges of natural born citizens. 

And be it further enacted by the authority aforesaid, 
That the Justices before whom the said Nicholas lions- JusticeBtomnke 
selet and George Smith may take and subscribe the oaths the Secretary, 
aforesaid, shall make return thereof to the Secretary of 
the Commonwealth, who shall record the same in the 
book ordered to be kept for such purpose. 

February 28, 1785. 

1784. — Chapter 44. 

[January Session, ch. 12.] 
AN ACT AGAINST MURDER AND MANSLAUGHTER. Ch(l)) 44 

Be it declared and enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That whosoever shall commit wilful ^^eath 
murder, of malice aforethought, and being thereof con- 
victed before the Justices of the Supreme Judicial Court, 
shall sutfer the pains of death. 

And be it further enacted by the authority aforesaid, 
That whosoever shall commit manslaughter, and being Punishment for 
thereof convicted before the Justices of the Supreme mansa 
Judicial Court, shall be liable to be set on the gallows for 
the space of one hour, with a halter about his neck, and 
one end thereof cast over the gallows ; to be branded in 
the forehead with the letter M ; to be imprisoned, not 
more than twelve months ; and to be bound to the good 
behaviour : And the same Justices shall sentence the said 
convict to suffer all or part of these punishments, accord- 
ing to the aggravation of the offence. 

February 28, 1785. 

1784. — Chapter 45. 

[January Session, ch. 13.] 

AN ACT ALTERING THE NAME OF THE TOWN OF RICHMONT, nj, ai) 45 
IN THE COUNTY OF BERKSHIRE. "' 

Whereas (he inhabitants of the town of Richmont, in preamble. 
the county of Berkshire, have petitioned this Court, setting 



126 1784. — Chapters 46, 47. 

forth, that in the year One thousand seven hundred and 
sixty-five, the said inhabitants 'petitioned the General Court 
to be incorporated into a town by the name of Richmond ; 
and that through mistake, (as they suppose) the said town 
mas incorporated by the name of Richmont, and praying 
that this Court would alter the name of the said town from 
Richmont to Richmond. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
Enacting tj ie same That the name of the said town shall be no more 

clause. . 

Richmont, but that it shall be called by the name of Rich- 
mond: Any law to the contrary notwithstanding. 

March 3, 17S5. 

1784. — Chapter 46. 

[January Session, ch. 14.] 
Chap. 46 AN ACT AGAINST SODOMY. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
Persons con- the same, That if any man shall lay with mankind as he 

vie ted to mi iter 

death.' layeth with a woman ; or any man or woman shall have 

carnal copulation with any beast or brute creature, and 
be thereof duly convicted, the offender, in either of those 
cases, shall be adjudged guilty of felony, shall be sen- 
tenced to suffer the pains of death, and the beast shall be 
slain, and every part thereof burned. 

And be it further enacted by the authority aforesaid, 

such process, That such order and form of process shall be had and 

cases of mur- used, in trial of such offenders, and such judgment given, 

and execution done, upon the offender, as in cases of 

murder. March 3, 1785. 

1784. — Chapter 47. 

[January Session, ch. 15.] 

CI r/?i 4-7 AN ACT F0R INC0R I >0RA - TING THE PLANTATION OF SHAPLEIG II, 
KjIUI]). ^i JN THE C0UNTY OF YORK, INTO A TOWN BY THE NAME OF 

SHAPLEIGH; AND FOR ANNEXING CERTAIN LANDS TO 

LEBANON. 

Preamble. Whereas it will promote the growth of the said planta- 

tion, (which, by the return of their rateable polls, already 
exceed one hundred and fifty) and rental;/ many incon- 
veniences they must necessarily, in an unincorporated 
state, labour under: 



1784. — Chapter 47. 127 

Be it therefore enacted by the Senate and House of Rep- 
resentatives in General Court assembled, and by the 
authority of (he same, That the tract of land in the county 
of York, lying below Little Ossapee River, granted and 
confirmed to the proprietors claiming the same under 
Nicholas Shapleigh, by an act made and passed in the 
year seventeen hundred and eighty -two, together with a 
gore of land on the northeasterly side thereof, adjoining 
the same, which the proprietors of lands, under the will 
of Bridget Phillips, for a valuable consideration, have 
released to the said Shapleigh proprietors; which tracts 
contain about sixty square miles, and are bounded, west- Boundaries, 
crly, by Salmon Fall river, and by a line run by order 
of Governor Belcher, in the year seventeen hundred and 
forty-one, between New Hampshire and the late Province 
of Maine, northerly by Little Ossapee pond and river ; 
easterly, by lands of the said Phillips's proprietors in 
part, and partly by a gore of land belonging to the Com- 
monwealth ; southerly, by lands of the Commonwealth in 
part, and partly by lands lying in no* place incorporated, 
but laid out and held by virtue of province grants ; with 
the inhabitants thereon, be, and hereby are incorporated 
into a town, by the name of Shapleigh, with all the invested with 
powers, privileges and immunities that towns in this pov 
Commonwealth have or do enjoy. 

And be it further enacted, That Benjamin Chadbourn, Benjamin chad- 
Esq ; be, and he hereby is, empowered to issue his war- cauTmeeti'ng? 
rant to some principal inhabitant of the said town, requir- 
ing him to call a meeting of the said inhabitants, in order 
to choose such officers as towns by law are empowered to 
choose in the month of March, annually. 

And be it further enacted, That the several tracts f f a ? d * annexe(1 

■ -...*' to Lebar 

land laid out to Woodman, Cook and Bagley, by virtue 
of grants made from the late province of Massachusetts 
Bay, lying westerly of the town of Lebanon, and between 
that town, and Salmon Fall River, be and hereby are, 
annexed to the town of Lebanon. 

Provided, That nothing in the foregoing act shall be so proviso, 
construed as to exempt any person from paying taxes 
already assessed upon him, but all persons shall be sever- 
ally held and obliged to pay such taxes assessed upon 
them respectively, and the payment thereof may and shall 
be enforced in like manner as if this act had never been 
passed. 



anon. 



128 1784. — Chapters 48, 49. 

EreKpiT B e tt further enacted by the authority aforesaid, That 
of sandford. a ]} gores and tracts of land adjoining to the town of Sand- 
ford, not belonging to any other incorporated town, 
except such as belong to the plantation of Massabesec, 
shall be annexed to, and considered as part of the said 
town of Sandford. March 5, 1785. 

1784. — Chapter 48. 

[January Session, ch. 16.] 
Chap. 48 AN ACT AGAINST BURGLARY. 

Be it declared and enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That if any person shall in the 
night time burglariously break and enter any dwelling 
house, with intent to kill, rob, steal, commit rape, or to 
do or perpetrate any other felony, the person so offending, 
and being thereof convicted, shall suffer the pains of 
death. March 7, 1785. 

1784. — Chapter 49. 

[January Session, ch. 17.] 

Chan. 49 AN ACT F0R directing the use and appropriation of a 

1 ' CHARITABLE DONATION, MADE IN A CERTAIN CLAUSE IN 

THE LAST WILL AND TESTAMENT OF EPHRAIM WILLIAMS, 
ESQ; FOR THE SUPPORT AND MAINTENANCE OF A FREE 
SCHOOL, IN WILLI AMSTOWN, IN THE COUNTY OF BERK- 
SHIRE; AND FOR INCORPORATING CERTAIN PERSONS AS 
TRUSTEES, IN ORDER MORE EFFECTUALLY TO EXECUTE 
THE INTENTION OF THE TESTATOR, EXPRESSED IN THE 
SAME. 

Preamble. Whereas Israel Williams, Esq; and John Worthington, 

Esq; executors of the last will and testament of Ephraim 
Williams, Esq; deceased, have represented to this Court, 
that the said Ephraim Williams, on the twenty-second day 
of July, Anno Domini, One thousand seven hundred and 
fifty-five, made his last will and testament; in which, after 
divers bequests, devises and dispositions, is contained lite 
following clause, viz. : 

clause in the "Item. It is my will, desire and pleasure, that the 

remaining part of the lands not yet disposed of, shall be sold 
at the discretion of my executors, within five years after 
an established peace; and the interest of the money, and 
also the interest arising from my bonds and notes, shall be 



1784. — Chapter 49. 129 

appropriated towards the support and maintenance of a 
Free School, in a township west of Fort Massachusetts, 
commonly called the West Township, forever; provided, 
t lie s;iid township shall fall within the jurisdiction of the 
Province of Massachusetts Bay ; and provided also, the 
Governor and General Court give the said township 
the name of Williamstown ; and it is my further will and 
desire, that if there should remain any monies of the 
above donation for the school, it be given towards the 
support of a school in the East Township, where the fort 
now stands ; but in case the above provisos are not com- 
plied with, then it is my will and choice, that the interest 
of the abovementioned monies be appropriated to some 
pious and charitable uses, in manner and form as above 
directed in the former part of this my last will and 
testament." 

And whereas the said executors have further represented, 
that it may be a matter of doubt and uncertainty whether 
the township mentioned in the before recited clause, (which 
is now incorporated by the name of Williamstown) has so 
far fallen within the jurisdiction of the Province of Massa- 
chusetts, now Commonwealth of Massachusetts, in the sense 
of the testator, as that they might be justified in appropri- 
ating the said donation to the support and maintenance of 
a Free School in the same town; and have submitted their 
duty herein to the determination of this Court praying that 
an act may be passed to declare their duty, and to indem- 
nify them in the execution of the same: 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by authority of the same, 
That the donation made in the clause before recited, ^the^cSu^ 6 
ought to be presently applied and appropriated to the use how to be 
and maintenance of a Free School in the town of Williams- 
town, in the county of Berkshire, and that in case the said 
donation shall afford an annual interest more than sufficient 
for the supporting and maintaining such school in Wil- 
liamstown, then the surplusage be appropriated to the use 
and maintenance of a Free School in the tract of land called 
by the testator the East Township, now incorporated by the 
name of Adams, with other lands adjoining, and that the Executors in- 
said executors be, and hereby are, indemnified in applying eimn e 
and appropriating the said donation to the uses above 
expressed, and shall be liable to no action or suit in law 
or equity, on account of such appropriation. 



130 



1784. — Chapter 49. 



Trustees ap- 
pointed and 
incorporated. 



Vested with 
powers. 



How many the 
corporation 
shall consist of. 



Trustees to elect 
a clerk and 
treasurer. 



Power of elect- 
ing successors 
in case of the 
death, &c. of 
any Trustee, 
vested in the 
Supreme Judi- 
cial Court. 



Empowered to 
remove any 
member in their 
judgment unlit. 



And whereas the said executors have further prayed, tha* 
for carrying into complete execution the intention of the tes- 
tator, a corporation may be created and vested with such 
powers as may be necessary for that purpose: 

Be it therefore enacted by the authority aforesaid, That 
William Williams, of Dalton, Theodore /Sedgwick, Wood- 
bridge Little, John Bacon, Thomson Joseph Skinner, 
Esquires, the Reverend Seth Swift and Daniel Collins, 
Mr. Israel Jones and Mr. David Noble, and their succes- 
sors, to be elected and appointed as hereinafter directed 
and provided, be, and hereby are, incorporated and shall 
be a corporation forever, by the name of " The Trustees 
of the Donation of Ephraim Williams, Esq ; for main- 
taining a Free School in Williamstown ; " and that the 
said Trustees and their successors be, and hereby are, vested 
with all the powers, rights and immunities, which are by 
law incident to aggregate eleemosynary corporations. 

And be it further enacted, That the said corporation shall 
always consist of a number of not less than seven, nor 
more than nine persons, excepting only that whenever a 
vacancy shall happen by the death, removal, refusal or 
resignation of any member or members, so that the num- 
ber be reduced to less than the aforesaid number of seven, 
then the remaining or surviving Trustees shall have full 
power to perform all corporate acts until such vacancy be 
supplied ; and the said Trustees shall elect and appoint a 
clerk of the corporation, who shall fairly enter and record 
all votes, acts, orders and proceedings, made, done or 
passed by the Trustees ; and shall also elect a proper per- 
son to be their treasurer, who shall receive into his hands 
all monies belonging to the corporation, and pay out the 
same pursuant to the order of the Trustees, and shall always 
keep a fair account of all receipts and payments. 

And be it further enacted, That the power of electing 
and appointing successors in case of the death, removal, 
refusal or resignation of any of the Trustees, be, and here- 
by is, vested solely in the Supreme Judicial Court of this 
Commonwealth ; and whenever any of the abovementioned 
cases shall happen, the Trustees shall as soon as conven- 
iently may be, certify the same to the Justices of the said 
Court, that a successor may be appointed ; and the Justices 
of the same Court are hereby empowered to remove from 
office and trust, any member of the corporation who 
shall, in their judgment, be unfit to hold the same, by 



1784. — Chapter 49. 131 

reason of incapacity, misdemeanor, negligence or breach 
of trust. 

And to the intent that the said donation may not be wasted, 
mismanaged^ or perverted from its original intention : 

Be it farther enacted by the authority aforesaid , That the corporation, 
said corporation and the donation itself, shall always be the'direction of 
under the visitation and direction of the Supreme Judicial jlftifciai' court. 
Court, who are hereby empowered to visit the said corpo- 
ration to rectify all abuses, to determine all matters of 
doubt or dispute touching the duty of the Trustees, and the 
use, application or appropriation of monies or interests to 
the same donation belonoino- ; and to make all such orders 
and regulations with respect to the use, management and 
appropriation of the same donation, and every part thereof, 
as they shall judge necessary or useful in order to promote 
the best interest of the school, according to the true mean- 
ing and intention of the testator, and such laws of this 
Commonwealth as may be in force respecting the same ; 
and the said Court whenever they shall judge necessary, Empowered to 
shall cause the said Trustees to come before them, either to tees^comebe" 
render an account of expenditures and dispositions f forethen1, 
monies, or to answer for any mismanagement or breach of 
trust ; and the Trustees shall appear and lay their accounts, 
papers, records and corporation books, before the said Court 
for inspection, whenever they shall be required thereto. 

And be it further enacted, That the said Trustees and Trustees to have 

. J ' . possession, &c. 

their successors forever, shall have the possession, man- of the whole 
agement and disposition of the whole interest and estate, the win. 
real and personal, which is contained in and given, 
bequeathed, devised or disposed of by the above recited 
clause in the will aforesaid; and they are hereby empow- Empowered to 

i -i i • . i . ,i l , . erect a school, 

ered and directed, as soon as conveniently may be, to erect empioyinstruct. 
and maintain a Free School within the said town of Wil- orB » &0 - 
liamstown, for the instruction of youth, in such manner as 
most effectually to answer the pious, generous and charit- 
able intention of the testator, and agreeable to such orders 
and directions as they may from time to time receive from 
the Supreme Judicial Court ; and they are hereby empow- 
ered to appoint and employ such instructors, masters and 
officers, as shall be necessary for that purpose. 

And to the intent that the said Trustees may be enabled 
in the most easy and expeditious manner, to receive into 
their own possession and management the whole estate, 
property and interest contained in the aforesaid donation: 



132 



1784. — Chapter 49. 



Executors to ex- 
ecute to the 
Trustees, deeds 
of the lands, &c. 
yet unsold. 



To deliver to the 
Trustees, all per- 
sonal securities, 
&c. now in their 
hands. 



Trustees em- 
powered to 
bring actions 
against 
obligors, &c. 



Preamble. 



In case of a sur- 
plusage, how to 
be employed. 



Be it further enacted by the authority aforesaid, That tne 
said executors shall, at the request of the Trustees, make 
and execute to the said Trustees a deed or deeds of con- 
veyance of all such lands or real estate as belong to said 
donation, and yet remain unsold, in which deed or deeds 
it shall be expressed, that the executors do grant to the 
Trustees the right, estate and interest of the testator, and 
of themselves, in and to the described lands or tenements ; 
and the said deed or deeds so made and executed, being 
acknowledged and registered according to law, shall be 
good and effectual, to pass the fee of such lands or tene- 
ments to the Trustees and their successors forever ; and the 
said executors shall deliver over into the hands of the 
Trustees at their request, all such personal securities or 
mortgages as the executors now have in their own hands, 
and which are a part of the same donation ; all which secu- 
rities, whether bonds, promisory notes, mortgage deeds, 
or of what name or description soever, being indorsed with 
the name of the said executors, or one of them, and deliv- 
ered as aforesaid, shall become the property of the Trustees 
to all intents and purposes ; and they are hereby empow- 
ered, in the name of the corporation, to bring any action 
or actions against the obligors, promisors, mortgagors or 
tenants, for recovering the contents of the same securities, 
or possession of mortgaged estates, which action or actions 
shall be holden to be good and valid in law for that pur- 
pose, as if the securities or mortgage deeds had been origi- 
nally made to the Trustees by their corporate names. 

And whereas the testator has directed, that in case his 
principal donation slwidd afford an interest more than suffi- 
cient for the supjoort and maintenance of the school in Wil- 
liamstown, the surplusage should be improved to the use of 
a school in the East Township, now called Adams, in the 
said county of Berkshire ; and ivhereas questions and dis- 
putes may arise touching the meaning and extent of this part 
of the will, and when there may be said to be a surplusage 
beyond what sliould be necessary, according to the intent of 
the testator, for the support oj the school in Williamstown : 

Be it further enacted, That in case of such surplusage, 
the said Trustees are hereby empowered and directed to 
use and employ the same for erecting and supporting a 
Free School in the said town of Adams, in the same man- 
ner as has been in this act before provided in respect of 
the school in Williamstown ; and that all questions and 



1784. — Chapters 50, 51. 133 

disputes that may arise concerning such surplusage, and 
the duty of the Trustees in respect of the several schools, 
shall be determined by the Supreme Judicial Court; and 
the Trustees shall always conform their conduct and admin- 
istration herein, to such orders and determinations as shall 
from time to time be made by the same Court. 

And be it further enacted, That the Supreme Judicial ^ c e r ^ 8 a t ^ 
Court may at their discretion exercise all the powers vested •» the Supreme 

, ^ ft- <• ji • • ill Judicial Court. 

in them by virtue ot this act, at any or their sessions holden 
within the counties of Berkshire or Hampshire ; and in all 
trials at law the Court ex officio shall take notice of this 
act, and the same shall be holden as a public act to all 
intents and purposes whatsoever, and the same shall be 
given in evidence under any general issue. 

March S, 1785. 

1784. — Chapter 50. 

[January Session, ch. 18.] 
AN ACT AGAINST SELLING UNWHOLESOME PROVISIONS. CllClT). 50 

Whereas some evilly disposed persons, from motives of 
avarice and filthy lucre, have been induced to sell diseased, 
corrupted, contagious or unwholesome provisions, to the 
great nuisance of public health and peace: 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That if any person shall sell any 
such diseased, corrupted, contagious or unwholesome pro- 
visions, whether for meat or drink, knowing the same, 
without making it known to the buyer, and being thereof 
convicted before the Justices of the General Sessions of 
the Peace, in the county where such offence shall be com- 
mitted, or the Justices of the Supreme Judicial Court, he 
shall be punished by fine, imprisonment, standing in the 
pillory, and binding to the good behaviour, or one or more 
of these punishments, to be inflicted according to the 
degree and aggravation of the offence. March 8 1785 

1784. — Chapter 51. 

[January Session, ch. 19.] 
AN ACT AGAINST PERJURY AND SUBORNATION OF PERJURY. CllClT) 51 

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



134 1784. — Chapteii 52. 

Punishment for f the same, That if any person beins; lawfully required 

perjury. J ' J I o. •" 1 „. 

to depose the truth in any proceeding in a course of jus- 
tice, shall commit any manner of wilful perjury, every 
person so offending and being thereof convicted before 
the Justices of the Supreme Judicial Court, shall forfeit 
and pay a fine not exceeding three hundred pounds, or be 
set in the pillory not more than two hours, nor less than 
one hour at a time, and at divers times and places, or 
shall be whipped at the public whipping post, not exceed- 
ing thirty-nine stripes, on the naked back, at one or more 
times and places, not exceeding three times or three 
places, and shall suffer all or part of these punishments 
according to the aggravation of the perjury, as affecting 
life, liberty, reputation or property ; and the oath of such 
person so offending, and thereof duly convicted as afore- 
said, shall not be received in any Court of record, until 
such time as the judgment given against such person 
shall be reversed. 

And be it further enacted by the authority aforesaid, 
of°periury^ ation That if any person shall commit subornation of perjury, 
by procuring another person to commit wilful and corrupt 
perjury as aforesaid, every person guilty of such subor- 
nation of perjury, and being thereof duly convicted, shall 
be liable to, and suffer the same forfeitures, pains, penal- 
ties and disabilities, in all respects as abovementioned, 
according to the aggravation of his offence. 

O CO 

And be it further enacted by the authority aforesaid, 
Mdeavou^ng* 01 That if any person shall wilfully and corruptly endeavour 
to incite others to incite or to procure another person to commit wilful 

to commit per- L . r . 

jury. and corrupt perjury as aforesaid, and the person so 

incited do not commit such perjury, the person so cor- 
ruptly endeavouring to incite and procure the committing 
of perjury, shall be punished by fine, not exceeding One 
hundred pounds, or imprisonment, not exceeding two 
years, or both, according to the aggravation of the 
offence, and binding to the good behaviour, at the discre- 
tion of the Court before whom the same is tried. 

March 0, 1785. 



Chap. 52 



1784. — Chapter 53. 

[January Session, ch. 20.] 
AN ACT FOR THE PUNISHMENT OF ROBBERY. 

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



1784. — Chapter 53. 135 

the same, That every person who shall feloniously assault, j^"|j*J. inieut for 
rob and take from the person of another, any money, 
goods, chattels or other property that may be the subject 
of theft, and shall be thereof convicted, shall be adjudged 
guilty of felon} r , and shall suffer the pains of death. 

And be it further enacted by the authority aforesaid, 
That if any person shall with any offensive weapon, or by Punishment for 
menacies, or in any forceable or violent manner assault a'fJionTous Wlth 
any person, and demand of him any goods, money or luteut - 
other property that may be the subject of theft, with a 
felonious intent to rob him, and being thereof convicted, 
he shall be punished by tine, not exceeding one thousand 
pounds, imprisonment, setting in the pillory, whipping, 
setting on the gallows with a rope about his neck and the 
other end thereof thrown over the gallows, confinement 
to hard labor, not exceeding three years, or either of 
these punishments, according to the degree and aggrava- 
tion of the offence. March 9, 1785. 



Chap. 53 



1784. — Chapter 53. 

[January Session, ch. 21.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE PUR- 
POSE OF BUILDING A BRIDGE OVER CHARLES RIVER, 
BETWEEN BOSTON AND CHARLESTOWN, AND SUPPORTING 
THE SAME DURING THE TERM OF FORTY YEARS. 

Whereas the erecting a bridge over Charles River, in rreambie. 
the place where the Ferry between Boston and Charlestown 
is now kept, ivill be of great public utility, and Thomas 
Russell, Esq; and others having petitioned this Court for 
an act of incorporation to empower them to build the said 
bridge, and many persons under the expectation of such an 
act, have subscribed to a fund for executing and compleat- 
ing the aforesaid purpose : 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That the Hon. John Hancock, Proprietors 
Esq-, Thomas Russell, JVathaniel Gorham, James Sivan, 
and Eben Parsons, Esquires, so long as they shall con- 
tinue to be proprietors in the said fund, together with all 
those who are, and those who shall become proprietors to 
the said fund or stock, shall be a corporation and body 
politick, under the name of " The Proprietors of Charles 
River Bridge ;" and by that name may sue and prosecute, 



136 



1784. — Chapter 53. 



Empowered to 

call meetings. 



To establish 
necessary rules 
for regulating 
the corpora- 
tion, &c. 



Proviso. 



Rules, regula- 
tions and votes 
to be recorded 
by their clerk, 
subject to in- 
spection. 



Toll estab- 
lished. 



and be sued and prosecuted to final judgment and exe- 
cution, and do and suffer all other matters and things 
which bodies politick may, or ought to suffer or to do ; 
and that the said corporation shall and may have full 
power and authority to make, have and use a common 
seal, and the same to break, alter and renew at pleasure. 
And be it further enacted by the authority aforesaid, 
That the said John Hancock, Thomas Russell, Nathaniel 
Gorham, James Sivan, and Eben Parsons, Esq'rs. or 
any three of them, may, by advertisement in any two of 
the Boston newspapers, warn or call a meeting of the said 
Proprietors, to be holden at Boston or Charlestown 
aforesaid, at any suitable time after fifteen days from the 
publication of the said advertisement ; and the said Pro- 
prietors, by a vote of the majority of those present or 
represented at the said meeting, (accounting and allowing 
a vote to each share in all cases) shall choose a clerk, who 
shall be duly sworn to the faithful discharge of his office, 
and also shall ajn-ee ou a method for calling future meet- 
ings, and at the same or any subsequent meeting, may 
make and establish any rules and regulations that shall be 
necessary or convenient for regulating the said corpora- 
tion, effecting, compleating and executing the purposes 
aforesaid, or for collecting the toll hereinafter granted, 
and the same rules and regulations may cause to be kept 
and executed, or for the breach thereof may order and 
enjoin fines and penalties, not exceeding Four pounds, 
provided the rules and regulations aforesaid are not 
repugnant to the constitution or laws of the Common- 
wealth ; and the said Proprietors may also choose and 
appoint any other officer or officers of the corporation that 
they may deem necessary, and all representations at the 
said meetings shall be proved by a special appointment in 
writing, signed by the person making his representative, 
which shall be filed with or recorded by the clerk ; and 
this act, and all rules, regulations and votes of the said 
corporation, shall be fairly and truly recorded by their 
said clerk, in a book or books for that purpose provided 
and kept, which book or books shall be subject to the 
inspection of any person or persons for that purpose 
appointed by the legislature. 

And be it further enacted by th< J authority aforesaid, 
That for the purpose of reimbursing the said Proprietors 
the money expended, or to be expended in building and 



1784. — Chapter 53. 137 

supporting the said bridge, a toll be, and is hereby granted 
ami established for the sole benefit of the said Proprietors, 
according to the rates following, viz. : Each foot passenger 
(or one person passing) two-thirds of a penny ; one person 
and horse, two pence two-thirds of a penny; single horse 
cart, or sled or slcy, four pence; wheelbarrows, hand- 
earls, and other vehicles capable of carrying like weight, 
one penny one third of a penny; single horse and chaise, 
chair or sulkey, eight pence; coaches, chariots, phaetons 
and curricles, one shilling each ; all other wheel carriages 
or sleds drawn by more than one beast, six pence ; sleys 
drawn by more than one beast, six pence ; neat cattle and 
horses passing the said bridge, exclusive of those rode, 
or in carriages or teams, one penny one third of a penny ; 
swine and sheep, four pence for each dozen, and at the 
same rate for a greater or less number ; and in all cases 
the same toll shall be paid for all carriages and vehicles 
passing the said bridge, whether the same be loaded or 
not loaded ; and to each team, one man and no more shall 
be allowed as a driver, to pass free from payment of toll ; 
and in all cases double toll shall be paid on the Lord's 
day ; and at all times when the toll gatherer shall not 
attend his duty, the gate or gates shall be left open. And J ^ y c e ^' mue 
the said toll shall commence at the day of the first open- 
ing of the said bridge for passengers, and shall continue 
for and during the term of forty years from the said day, 
and be collected as shall be prescribed by the said 
corporation. 

And be it further enacted by the authority aforesaid, 
That the said bridge shall be well built, at least "forty feet ^a^erm 
wide, of sound and suitable materials, with a convenient bridgeshau 
draw or passage way, at least thirty feet wide, and at a 
proper place, with well constructed, substantial piers on 
each side, and well planked on the top and sides with 
plank proper for such a bridge ; and the same shall be 
kept in good, safe and passable repair, for the term afore- 
said, and at the end of the said term, the said bridge 
shall be left in like repair : And the said Proprietors shall H il ° t ; v d , : ccomra °- 
constantly keep the said bridge accommodated with at 
least twenty good lamps on each side the same, which 
shall be well supplied with oil, and lighted in due season, 
and kept burning till twelve of the clock at night ; and 
also at the several places where the toll shall be received, 
they shall erect and constantly expose to open views a 



138 1784.— Chapter 54. 

sign or board with the rates of toll of all the tollable arti- 
cles fairly and legibly written thereon in large or capital 
letters ; and the draw shall be lifted for all ships and ves- 
sels without toll or pay, except such as usually pass under 
Cambridge bridge, and those passing for pleasure. 
And be it also further enacted by the authority aforesaid, 
fCva'dCoi- TllIlt after tne said t()11 sna ^ commence, the said Proprie- 
iege, annually, tors or corporation shall annually pay to Harvard College 
or University, the sum of Two hundred pounds, during 
At the end of 40 th e sa j ( ] term f f 01 .£ V years . an( j a t the end of the said 

years, the J •> 

bridge to revert term, the said bridge shall revert to and be the property 

to the Common- ,, . ~ *3 , . ., • i /■•« n tt • 

wealth. or the Commonwealth, saving to the said College or Uni- 

versity, a reasonable and annual compensation for the 
annual income of the ferry, which they might have 
received had not said bridge been erected. 

And be it further enacted, That if the said Proprietors 
shall refuse or neglect, for the space of three years after 
the passing of this act, to build and compleat the said 
bridge, then this act shall be void and of no effect. 

March 9, 1785. 



1784. — Chapter 54. 

[January Session, ch. 22.] 

Chap. 54 AN ACT F0R INCORPORATING A CERTAIN TRACT OF LAND, SIT- 
1 ' UATE BETWEEN THE RIVERS OF GREAT AND LITTLE 

OSSIPEE, IN THE COUNTY OF YORK, WHICH WAS SETTLED 
BY THOMAS PARSONS AND HIS ASSOCIATES. 

Preamble. Whereas the inhabitants of the said tract of land have 

represented to this Court, thai at great labour and expence 
they have severally settled the said tract; but by reason of 
their unincorporated state, are not in a capacity to raise 
money necessary for repairing roads, and supporting the 
preaching of the gospel, and schools, nor of answering the 
demands that may arise for their proportion of the public 
taxes : 

Be it therefore enacted by the Senate and House of 
Representatives hi General Court assembled, and by the 
authority of the same, That the tract of land aforesaid, 

Boundaries. bounded as follows, viz. Beginning at Great Ossipee river, 
where the province line (so-called) between New Hamp- 
shire and the late province of Maine, crosses the said 
river; thence running south, eight degrees west, by the 
said line, to the top of a mountain three quarters of a 



1784. — Chapter 55. 139 

mile south of a pond, called Province Pond; thence east, 
eight degrees south, by a spotted line, to an elm tree, 
spotted near a small frog pond; thence north, eight 
degrees east, by a spotted line, to the bank of Great 
Ossipee river : thence westerly by the said river to the 
hounds first mentioned ; containing by estimation thirty- 
six square English miles, be, and hereby is, erected into a 
town by the name of Parsonsfield ; and that the inhabi- invested with 

I <» ii ii i • i ii j.i powers. 

tants thereot be, and they hereby are, vested with all the 
powers, privileges and immunities, which the inhabitants 
of towns within this Commonwealth do, or may bylaw 
enjoy. 

And be it further enacted, That Simon Frye, Esq ; be, simonFrye, 

ill 1 • J 4- ■ 1 • 4. 4. ' Esq ; to call a 

and he hereby is, empowered to issue his warrant to some meeting. 
principal inhabitant of the said town, requiring him to 
warn the inhabitants thereof to meet at such time and place 
as he shall therein set forth, to choose all such officers as 
towns are by law required and empowered to choose in 
the month of March, annually. 

Provided always, That this act shall be so construed, Pl0Vi8 °- 
any thing therein to the contrary notwithstanding, as not 
to affect the claim of this Commonwealth, or other corpo- 
rate body, or of any private person whatever, to the said 
tract of land, or any part thereof, if any such claim exists. 

March 9, 1785. 

1784. — Chapter 55. 

[January Session, ch. 1.] 

AN ACT FOR REGULATING AND GOVERNING THE MILITIA OF (J] t(l p. 55 
THE COMMONWEALTH OF MASSACHUSETTS, AND FOR RE- 1 ' 

PEALING ALL LAWS HERETOFORE MADE FOR THAT PUR- 
POSE. 

Whereas the laics now in force, for regulating the militia Preamble. 
of the Commonwealth, are found to be insufficient for the 
said purpose : 

Be it therefore enacted by the Senate and House of 
Pepresentatives in General Court assembled, and by the 
authority of the same, That the several laws heretofore Laws hereto- 
made for regulating the militia aforesaid, be, and hereby regulating the 
are, repealed. mi,ltia repealed " 

Provided nevertheless. That all actions and processes Proviso. 
commenced and depending in any Court within this 
Commonwealth, upon or by force of the said laws, shall, 



140 



1784. — Chapter 55. 



Militia, how 
formed. 



— to be in four 
divisions. 



General and 

divisionary Bta 
to each of the 
divisions. 



Governor with 

advice of Conn 
cjj to form divi- 
sions into bri- 
gades, &c. 



Proviso. 



Each brigade to 
have a brigadier 
general , Sec. 



Bach regiment 
to have a regi 
menial, field, 



and may be sustained and prosecuted to final judgment 
and execution ; and that all officers elected, appointed 
and commissionated agreeably to law, shall be continued 
in commission, and hold their respective commands in 
the militia, in the same manner as they would in case the 
said laws were still in force. 

And be it further enacted by the authority aforesaid, 
That the said militia shall be formed into a Train Band, 
and Alarm List ; the Train Band to contain all able bodied 
men, from sixteen to forty years of age, and the Alarm List, 
all other men under sixty years of age, excepting in both 
cases such as shall be hereafter by this act exempted. 

And be it further enacted by the authority aforesaid, 
That the said militia be, and hereby is formed into four 
divisions ; the counties of Suffolk, Essex and Middlesex, 
composing the first division; the counties of Hampshire, 
Worcester and Berkshire, the second division; the coun- 
ties of Plymouth, Barnstable, Bristol, Hides County and 
Nantucket, the third division ; and the counties of York, 
Cumberland and Lincoln, the fourth division. 

And be if further enacted by the authority aforesaid, 
Thai there shall be a general and divisionary stall' to each 
of the divisions aforesaid, consisting of one Major General, 
who shall have two aids de camp, a Deputy Adjutant Gen- 
eral, who shall also be Inspector, and a Deputy Quarter 
Master. 

And be it further enacted by the authority aforesaid, 
That the Governor, or Commander in Chief, with the 
advice of Council, be, and hereby is, authorized and em- 
powered to form the said divisions into brigades, regi- 
ments and companies ; and from time to time to alter and 
divide such brigades, regiments and companies, as he shall 
judge expedient. Provided notwithstanding, That the 
several brigades, regiments and companies of militia, shall 
remain as they are now formed, until new arrangements 
thereof shall take place. 

And be if further enacted by the authority aforesaid, 
That there shall be a Brigade General and Staff to each 
brigade of the militia aforesaid, consisting of a Brigadier 
General, a Brigade Major, who shall also be sub-inspector, 
and a Brigade Quarter Master. 

And be it further enacted by (he authority aforesaid. 
That there shall be a regimental, field, commissioned and 
non-commissioned stall" to each regiment of the militia 



1784. — Chapter 55. 141 

aforesaid, consisting of one Colonel, one Lieutenant- and™on S -com? 
Colonel, one Major, one Adjutant, one Quarter Master, missioned staff. 
one Serjeant Major, one Quarter Master Serjeant, one 
Drum Major and one Fife Major. 

And be it further enacted by the authority aforesaid, 
That there shall be one Captain, one Lieutenant, one Companies to 
Ensign, one Clerk, who shall be sworn to the faithful &e. cierk to be 
discharge of his duty, four Serjeants, lour Corporals, 
one Drummer and one Fifer, to each company of the 
said militia. Provided, notwithstanding, That in com- Proviso. 
panies where, in pursuance of the law which by this act 
is repealed, two Lieutenants are in commission, they shall 
continue to hold their present rank. 

And be it farther enacted by the authority aforesaid, 
That the Governor, or Commander in Chief, shall appoint Deputy Adju 

i-r\ *t r> i i ht • /-* liii tant Geneml, 

the Deputy Adjutant General ; the Major Generals shall Deputy Qua. 
appoint the Deputy Quarter Masters of their respective whomap- c ' ° 
divisions ; the Brigadier Generals shall appoint the Quarter P° inted - 
Masters of their respective brigades ; the Colonels shall, 
appoint the Serjeant Majors, Quarter Master Serjeants, 
Drum Majors and Fife Majors of their respective regi- 
ments ; and the Captains shall appoint the non-commis- 
sioned officers of their respective companies. 

And be it further enacted by the authority aforesaid, 
That the Adjutant General shall be commissioned with the Adjutant Gen. 
rank of Brigadier General, the Deputy Adjutant Generals Generai, &c." 
with the rank of Colonels, and the Aids de Camp and theirrank - 
Brigade Majors with the rank of Majors ; the Adjutants 
shall be commissioned with the rank of first Lieutenant, 
and the Serjeants shall each receive a warrant from the 
Colonel of the regiment to which they shall belong. 

And be it further enacted by the authority aforesaid, 
That each and every Major General be, and hereby is, Major Generals, 
empowered and it shall be his duty to give all such ,heiril,,ty - 
orders as shall from time to time be necessary, consistent 
with the law, for electing Brigadier Generals, Field Officers, 
Captains and Subalterns, in brigades, regiments and com- 
panies, within his respective division, which have not 
been already commissioned ; and for filling up vacancies 
of such officers, or any of them, where they now are, or 
may hereafter happen. Provided always, That whenever Proviso, 
a time shall be appointed for the election of any officer or 
officers, the electors shall have ten days notice thereof at 
least ; and all returns of elections, and of neglects or 



142 



1784. — Chapter 55. 



Persons elected 
to the oflices 
aforesaid to be 
sworn, Jio. 



Non-commis- 
sioned officers 
and soldiers to 
equip them- 
selves with arms 
and accoutre- 
ments. 



Fine for non- 
equipment. 



Parents, masters 
and guardians 
to equip those 



refusals to make choice of officers, shall be made to the 
Governor, by the Major General, in whose division the 
election shall be ordered ; and all commissions shall pass 
through the hands of the Major Generals to the officers, in 
their respective divisions, for whom they shall be made out ; 
and every person who shall be elected to any office in the said 
militia, and shall not within ten days after he shall have 
been notified of his election, signify his acceptance thereof, 
shall be considered as declining to serve in such office, 
and orders shall be forthwith issued for a new choice. 

And be it further- enacted by the authority aforesaid, 
That every person who shall be elected or appointed to 
any of the offices aforementioned, shall, at the time of 
receiving his commission, take and subscribe the oath and 
declaration required by the constitution of this Common- 
wealth, before some Justice of the Peace, or some general 
or field officer, who shall have previously taken and sub- 
scribed them himself; and a certificate thereof shall be 
made upon the back of every commission, by the Justice 
of the Peace, or general or field officer, before whom the 
said oath and declaration shall have been taken and sub- 
scribed. 

And be it further enacted by the authority aforesaid, 
That every non-commissioned officer and private soldier 
of the said militia not under the controul of parents, 
masters or guardians, and being of sufficient ability 
therefor in the judgment of the Selectmen of the town 
in which he shall dwell, shall equip himself, and be con- 
stantly provided with a good fire arm, with a steel or iron 
ramrod, a spring to retain the same, a worm, priming wire 
and brush, a bayonet fitted to his fire arm, and a scabbard 
and belt for the same, a cartridge box that will hold fifteen 
cartridges at least, six flints, one pound of powder, forty 
leaden balls suitable for his fire arm, a haversack, blanket 
and canteen ; and if any non-commissioned officer or pri- 
vate soldier shall neglect to keep himself so armed and 
equipped, he shall forfeit and pay a fine not exceeding 
Three pounds, in proportion to the value of the article 
or articles in which he shall be deficient, at the discre- 
tion of the Justice of the Peace before whom trial shall 
be had. 

And be it further enacted by the authority aforesaid, 
That all parents, masters and guardians, shall furnish 
those of the said militia who shall be under their care 



1784. — Chapter 55. 143 

and command, with the arms and equipments aforemen- under their care 

' i • ■ i under the like 

tioned, under the like penalties for any neglect. penalties. 

And be it further enacted by the authority aforesaid, 
That whenever the Selectmen of any town shall judge any Persons unable 

... . i • i •!• • i " to equip them- 

inhahitant thereof, belonging to the said militia, unable to selves to be pro- 

arm and equip himself in manner as aforesaid, they shall, town. y ' 

at 1 he expence of the town, provide for and furnish such 

inhabitant with the aforesaid arms and equipments, which 

shall remain the property of the town at the expence of 

which they shall be provided ; and if any soldier shall 5fiS|o?deSX£ 

embezzle or destroy the arms and equipments, or any part mg their iiiW 

thereof, with which he shall be so furnished, he shall upon tne'm.how pun- 

conviction before some Justice of the Peace in the county V iction. pon 

where such offender shall live, be adjudged to replace the 

article or articles which shall be by him so embezzled or 

destroyed, and to pay the cost arising from the process 

against him ; and in case he shall not within fourteen in case. 

davs after such adjudication against him perform the 

same, it shall be in the power of the Selectmen of the 

town to which he shall belong, to bind him out to service 

or labor, for such term of time as shall, in the discretion 

of the said Justice, be sufficient to procure a sum of 

money equal to the amount of the value of the article 

or articles embezzled or destroyed, and to pay the cost 

arising as aforesaid. 

And be it further enacted by the authority aforesaid, 
That every captain or commanding officer of a company, officers to can 
shall call the Train Band of his company together four days train band four 
in a year, and oftener if he shall judge necessary, not ^"ie alarm- 
exceeding six days in the whole, for the purpose of exam- list once a vear - 
ining their arms and equipments, and instructing them 
in military exercises ; and shall also once in a year, on a 
day when he shall muster the Train Band of his company, 
call together the Alarm List belonging to his company, 
within the limits of the town of which they shall be inhab- 
itants, for the purpose of examining their arms and 
equipments 

And be it further enacted by the authority aforesaid, 
That when any captain or commanding officer of a com- Manner of can- 
pany shall think fit to muster or call his company together, mUitracompa- 
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 com- 
pany, directing him or them to notify and warn the said 



nies. 



144 1784. — Chapter 55. 

company to appear at such time and place, as shall be 
appointed, and with such arms and equipments as shall be 
mentioned in the said orders ; and the non-commissioned 
officer or officers, or other person or persons who shall 
receive such orders, shall give notice of the time and 
place appointed for, and of the arms and equipments to 
be carried to the said muster, to each and every person 
he or they shall be ordered 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 warned; 
and no notice shall be deemed legal for musters for the 
purpose of common and ordinary military exercises, 
unless it shall be given four days at least previous to the 
time appointed therefor; and every non-commissioned 
officer or other person who shall neglect to give the said 
notice and warning when ordered thereto, by the captain 
or commanding officer of the company to which he shall 
belong, shall, for such offence, forfeit and pay a sum not 
exceeding Forty shillings, nor less than Twenty shillings, 
at the discretion of the Justice of the Peace, before whom 
trial shall be had. 

And be it further enacted by the authority aforesaid* 
Pennitiesfor That every non-commissioned officer and private soldier 

neglect of duty J I 

and misbehav- belonging to the Train Band, and every person belonging 
missioned offi- to the Alarm List, who, being duly notified of the time and 
vales"" P " place appointed for the muster of the company to which 
he shall belong, shall unnecessarily neglect to appear 
armed and equipped as the captain or commanding officer 
shall direct, shall pay a fine of ten shillings ; and every 
non-commissioned officer and private soldier of the Train 
Band, and every person belonging to the Alarm List, who 
shall be disorderly or disobedient on a muster day, shall 
be confined during the time of said muster at the discre- 
tion of his officers, and shall pay a fine not exceeding- 
Forty shillings, nor less than Twelve shillings, at the dis- 
cretion of the Justice of the Peace to whom complaint 
Proviso. shall be made. Provided nevertheless, That when any 

non-commissioned officer or private soldier belonging to 
the Train Band, or any other person belonging to the 
Alarm List, shall neglect to appear on a muster day when 
notified as aforesaid, and shall within eight days thereafter 
make application to the captain or commanding officer of 
the company to which he shall belong, and obtain the 
excuse of the said captain or commanding officer, or shall 



1784. — Chapter 55. 145 

pay liim the aforesaid fine often shillings, and shall pro- 
cure a certificate thereof, in every such ease he shall he 
barred against any action or suit for such offence. 

And be it further enacted by the authority aforesaid, 

That the testimony of any non-commissioned officer or Testimony of 
oilier person, under oath, who shall have received orders B ioned officers 
agreeably to law for notifying and warning any company, *™' ^aJ oath 
or a part thereof, to appear at a time and place appointed p^ednVnotu 
for a muster, shall be sufficient to prove that due notice rkation. 
shall have been given to the party against whom complaint 
may be made, unless such testimony shall be invalidated unless. 
by other sufficient evidence. 

And be it farther enacted by the authority aforesaid, 
That when any person belonging to the Train Band or Persons neglect - 
Alarm List, shall, by neglect of duty by not appearing on fefture. y- 
muster days, or by not being provided with arms and 
equipments as this law directs, or by disobedience of 
orders, or by disorderly behaviour, forfeit any sum of 
money set and affixed by this law to such offences, or 
either of them, under the sum of four pounds, the same 
shall be recovered in manner following, that is to say, 
The clerk of the company to which the offender shall How recovered. 
belong, shall after the expiration of eight days, and 
within sixty days after the offence shall 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 offender 
shall live, who shall make a record thereof, and shall issue 
a summons to the party complained of, to be served seven 
days at least before the time appointed for the trial, in 
the form following, mutatis mutandis. 

[seal.] ss. 

To the Sheriff of the said, County, or his Deputy, or 
any or either of the Constables of the Town of 
with in the same County, Greeting. 

In the name of the Commonwealth of Massachusetts, Form of a sum- 
you are hereby required to summon C. D. of in 

the county of to appear before me E. F. one of 

the Justices of the Peace for the county aforesaid, at 
in on the day of at of the 

clock in the noon ; then and there to shew cause, if 
any he has, why a warrant of distress shall not issue 
against him for [here insert the complaint] Hereof fail 



moils. 



146 1784. — Chapter 55. 

not, and make due return of this writ and of your doings 
therein, unto myself, at or before the said day of 

Dated at aforesaid, the 

day of in the year of our Lord, 

E. F. Justice of the Peace. 

ing r raay P pfead And when the said party shall by himself, or his attor- 
&c. imf if de Sue ne y> appear accordingly, he may plead the general issue 
neglect to d sa'- a11 ano - S lYe an y special matter in evidence ; and if the said 
isfy the judg. paity shall make default, or if iudgment shall be given 

mcnttbenin L • . i • -i i in inn i ,1 n, 

this case. against him, and he shall neglect tor tour days thereafter 

to satisfy the same, and legal costs, then the Justice of 
the Peace before whom the trial may be had, shall issue 
his warrant of distress, under his hand and seal, in the 
form following, mutatis mutandis. 

[seal.] ss. 

To the Sheriff of the said County, or his Dejntty, or 
any or either of the Constables of the Town of 
within the same County, Greeting-. 

rant of distress. Whereas C. D. of upon the day of 

being a private soldier in the Train Band (as the 
case may be) of the company of foot commanded by 

in the regiment of militia in the said county of , 

commanded by , was duly notified to appear upon 

the day of , in the town of in the 

county aforesaid, with his arms and equipments, as the 
law of this Commonwealth directs ; and the said C. D. in 
violation of the said law, did unnecessarily neglect to 
appear, (or did not appear armed and equipped, as the 
case may be) whereby he hath forfeited and ought to pay 
the sum of shillings, to the uses directed by law : 

And the said C. D. having been duly summoned to 
appear before me E. F. one of the Justices of the Peace 
for the county aforesaid, to shew cause, if any he had, 
why a warrant of distress should not be issued for the 
same sum, did not appear, (or appearing, did not shew 
sufficient cause why the same warrant should not be 
issued, as the case may be) : 

In the name of the Commonwealth of Massachusetts, 
you are therefore commanded forthwith, of the goods or 
chattels of the said C. D. within your precinct, to levy 
by distress and sale thereof the aforesaid sum of 
shillings, with for charges of suit, being in the 



1784. — Chapter 55. 147 

whole the sum of and to pay the same to 

elerk of the aforesaid company ; and also of the goods 
and chattels of the said C. D. to levy for this 

writ, together with your own lees, and for want of such 
goods Or chattels of the said C. D. to he by him shewn 
to you, or found within your precinct, you are commanded 
to take the body of the said G. D. and him commit to 
the common goal in in the county aforesaid ; and 

the keeper thereof is hereby commanded to receive the 
said C. D into the said goal, and him safely keep until 
he shall pay the sum aforesaid, together with legal fees 
and costs, or until he shall be otherwise 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 your sufficient 
warrant. Hereof fail not. Given under my hand and 
seal, the day of in the year of our Lord, 

E. F. Justice of the Peace. 

Provided always, That when any person shall appear proviso. 
before the Justice of the Peace upon notification as afore- 
said, and shall claim an appeal to the Court of Common 
Pleas next to be holden in the same county, to which he 
shall be and hereby is entitled, the same shall be granted 
upon his recognizing with sureties to prosecute his 
appeal, and to pay whatever tine, costs and fees, shall be 
adjudged against him at the same Court, which recogni- 
zance shall he taken to the clerk of the company to which 
such appellant shall belong, and shall be acknowledged 
before and certified by the Justice of the Peace in the 
same manner as recognizances are in appeals from Justices 
of the Peace in other cases ; and no appeal shall be 
allow T ed from the said Court of Common Pleas. 

And be it further enacted by the authority aforesaid, 
That if judgment shall be rendered against such appellant Judgment ren- 
in such Court of Common Pleas, the judgment shall be appellants to be 
three times the sum of the fine set and affixed in this act, ^f t b h le C olt e B f unl 
with additional costs. 

And be it further enacted by the authority aforesaid, 
That all sums of money that shall be forfeited and recov- Fines— how 
ered as aforesaid, shall be disposed of one moiety to the d ' 8 P° Bedot - 
clerk, who shall recover the same, and the other moiety 
to the captain of the company to which the offender shall 
belong, in trust for the use of the said company. 



148 



1784. — Chapter 55. 



Fees — how and 
by whom taxed. 



Regiment to 
muster either in 
regiment or bat- 
tallion once in 
every year. 



On regimental 
musters, how 
companies are 
to form. 



Return to be 
made by the 
Maj. Gen. 



General return 
to be made by 
the Adj. Gen. 



Adj. Gen. &c. to 
prefer their ac- 
counts for ser- 
vices to the 
General Court. 



Commissioned 
oflicers accused 
of unmilitary 
conduct to be 
tried by a gen- 
eral court mar- 
tial. 



How many offi- 
cers court mar- 
tials are to con- 
sist of. 



And be it further enacted by the authority aforesaid, 
That in all cases to be determined as aforesaid, the Jus- 
tices of the Peace and the Courts of Common Pleas, before 
whom the same shall be, shall severally tax the same 
fees as in actions between party and party in other 
cases. 

And be it further enacted by the authority aforesaid, 
That every regiment of the Train Band aforesaid shall 
muster either in regiment or battalion once in every year, 
at least, on such day and at such place as the colonel or 
commanding officer shall appoint. 

And be it further enacted by the authority aforesaid, 
That at a regimental muster the several companies com- 
posing the regiment shall form in regiment or battalion, 
according to the rank of the officers present commanding 
them, in order that the companies may in all cases be 
under the immediate command of their own officers. 

And be it further enacted by the authority aforesaid, 
That each Major General shall make a return of the divi- 
sion under his command to the Adjutant General, on or 
before the first day of June, annually, specifying the num- 
ber of officers and soldiers, distinguishing the Train Band 
from the Alarm List, and the state of their arms and equip- 
ments ; and the Adjutant General shall digest the whole 
into a general return, and present the same to the Com- 
mander in Chief. 

And be it further enacted by the authority aforesaid, 
That the Adjutant General, Deputy Adjutant Generals and 
Brigade Majors, shall prefer their accounts for services 
performed in the execution of their duty, with proper 
vouchers and certificates, to the General Court for allow- 
ance and payment. 

And be it further enacted by the authority aforesaid, 
That every officer holding a commission in the said militia, 
who shall be accused of any unmilitary conduct, either in 
neglect of duty, disobedience of orders, or in any other 
manner, shall be liable to be tried by a general court mar- 
tial, and if found guilty by such Court, to be thereby 
sentenced to be reprimanded by the President thereof, or 
to be removed from his office. 

And be it further enacted by the authority aforesaid, 
That no general court martial shall consist of a less num- 
ber than thirteen commissioned officers, the President 
of which shall not be under the rank of a field officer. 



1784. — Chapter 55. 149 

And be it further enacted by the authority aforesaid. 
That the Commander in Chief shall appoint courts martial by&'fo^whom 
for the trial of Major Generals; Major Generals shall appointed. 
appoint them tor the trial of Brigadier Generals, within 
their respective divisions; and Brigadier Generals shall 
appoint them for the trial of field officers, and officers of 
rank interior to that of tick! officers, within their respec- 
tive brigades ; and no officer who shall appoint a court 
martial shall himself be President thereof; nor shall any Sentence -to be 
sentence of a court martial for the removal of anj T officer the Commander 
from his office be put in execution until it shall have been in0hlef - 
approved of by the Commander in Chief. 

And he it further enacted by the authority aforesaid, 
That the officer who shall appoint a court martial shall at Judge Advocate, 
the same time appoint a suitable person for a Judge pointed. 
Advocate; and all officers to be tried by a court martial Delinquents to 

«/ \}q arrested. 

shall have seasonable notice of the time and place 
appointed for trial, and a copy of the charges exhibited 
against him, and shall be put under arrest so far as to be 
suspended from the exercise of his office : and in case any incase, 
officer, for the trial of whom a court martial shall be 
appointed, shall neglect to appear and make defence, he 
shall be deemed by the said Court guilty of the charge, 
and shall be sentenced accordingly. 

And be it further enacted by the authority aforesaid, 
That all persons shall be holden to appear and give evi- Evidence— how 
dence before any court martial (under the same penalties 
for neglect as are by law provided for witnesses in other 
cases) when thereto summoned by any Justice of the 
Peace, who is hereby authorized to summon such witnesses 
in the county to which he shall belong ; and no fee shall 
be required by the Justice of the Peace for such service. 

And be it further enacted by the authority aforesaid, 
That all the members constituting a court martial shall, Members con- 

,. -,. i . m stituting court 

previously to their proceeding to the trial of any officer, martiais, and 
and all the witnesses previously to their giving evidence, whom sworn/ 
be sworn by the Judge Advocate; and the Judge Advo- 
cate shall lie sworn by the President of the said court- 
martial. 

And to the intent that ample provision be made for the 
defence of the Commonwealth under every circumstance: 

Be it further enacted by the authority aforesaid, That A a r Mgg r ^ com " 
the Governor, with the advice of Council, be, and hereby whom 'raised. 
is empowered to raise, by voluntary inlistment, nine 



150 1784. — Chapter 55. 

companies of Artillery in the first division of the said 
militia, six companies in the second division, three com- 
panies in the third division, and three companies in the 
TO"npanie°8 f a?e en fourth division of the militia aforesaid ; each company to 
to consist of. have one Captain, one Captain Lieutenant, one first Lieuten- 
ant, two second Lieutenants, four Serjeants, the first of 
whom shall be the clerk, four Bombardiers included in 
rank and file, one Drummer, one Fifer, and twenty-five 
Tobeform'din. Cannoniers ; and to form the said companies into two 

to two regiments . 1 /? 1 • l i 11 i j?ii •• j 

properly regiments, each ot which shall have a held commissioned 

officer'd. an ^j n0 n-commissioned staff", consisting of one Colonel, one 

Lieutenant Colonel, one Major, one Adjutant, one Quarter 

Master, one Serjeant Major, one Quarter Master Serjeant, 

one Drum Major, and one Fife Major. 

And be it further enacted by the authority aforesaid, 
sa U me e reguia be That the non-commissioned officers and private soldiers 
tionsasthe belonging to the said corps of Artillery shall be armed 

trainband. i • i • 1 1 nV • t-» i ** 1 

and equipped in the same manner as the Irani Band ot the 
said militia are in this act directed to arm and equip 
themselves. 

And be it further enacted by the authority aforesaid, 

pr°o^idTd e wi t t°h b 2 That each of the said companies of artillery shall be pro- 

fieid-pieces, &c. v ided and furnished, at the expence of the Commonwealth, 

with two good field pieces, with apparatus compleat, an 

ammunition cart, forty rounds of iron shot, twenty rounds 

of cannister shot, and sixty rounds of powder in flannel 

cartridges ; which quantity of ammunition shall be 

increased whenever the Governor or commander in chief 

may judge the safety of the Commonwealth shall require 

it ; and the captains of the said companies of Artillery 

shall give their receipts for the ammunition and other 

articles with which the companies under their command 

shall be so provided, and be accountable for the same. 

And be it further enacted by the authority aforesaid, 

whom r raTse b d. That the Governor, with the advice of Council, be, and 

hereby is impowered to raise, by voluntary inlistment, 

three squadrons of Cavalry in the first division, and two 

squadrons of Cavalry in the second division, and one in 

now many each each of the other divisions of the militia aforesaid; each 

consist^". ° squadron to consist of two troops, and each troop to have 

one Captain, two Lieutenants, one Cornet, four Serjeants, 

the first of whom shall be the clerk, one Trumpeter and 

To be form-d in- thirty-four Privates ; and to form the same into a regi- 

to a regiment. 1 • 1 1 ii 1 » • -i 

ment which shall have a held commissioned and non- 



1784. — Chapter 55. 151 

commissioned staff, consisting of one Colonel, one Lieu- 
tenant Colonel, one Major, an Adjutant, a Quarter Master 
and a Trumpet Major. 

And be if farther enacted by the authority aforesaid, 
That every officer, non-commissioned officer and private, officers and pri. 
belonging to the said Cavalry, shall keep himself pro- vlded with good 
vided with a good horse not less than fourteen hands and hor8e8 > Xc - 
an half high, a saddle, bridle, holsters, pistols, sword, 
boots and spurs, a carbine with a spring and sling, a car- 
touch box, with twelve rounds of cartridge and ball for his 
carbine and six for each pistol, nine flints, a cloak and 
canteen. 

And be it further enacted by the authority aforesaid, 
That the officers of the said corps of Artillery and Cavalry officers— how 

... elected 

shall be elected, appointed and commissioned, in the same 
manner as officers of the Train Band, in the said militia 
are elected, appointed and commissioned. 

And be it further enacted by the authority aforesaid, 
That the officers, non-commissioned officers and privates, Subject to the 
belonging to the said corps of Artillery and Cavalry, shall asXtrMn'band 
be subject to the same rules and regulations as are by m the militia - 
this act provided for the Train Band in the militia afore- 
said ; and the several companies belonging to the said 
corps shall be subject to the immediate orders of the 
Major General commanding the division within which the 
same shall be raised. 

And be it further enacted by the authority aforesaid, 
That the Colonels or commanding officers of the said Artil- 
lery and Cavalry shall make return in time and manner as 
this act directs for the militia at large. 

And be it further enacted by the authority aforesaid, 
That Justices of the Courts of Common Pleas, Judges of SSX^SP* 
Probate, Justices of the Peace, sheriffs, elders and dea- band, 
cons of churches, church wardens, masters of arts, persons 
who have by commission under any government or Con- 
gress, or by election in pursuance of any Congress of the 
United States, or either of them, held the office of a 
subaltern or officer of higher rank, persons while actually 
employed as masters of vessels of more than thirty tons 
burthen, constables and deputy sheriff's, and also such 
physicians, surgeons, stated school masters, fenymen 
and millers, as the Selectmen of the towns to which 
the} 7 shall severally belong, shall, by a writing under 
their hands, signify the expediency of exempting, shall 



152 1784. — Chapter 55. 

be, and hereby are exempted from the Train Band afore- 
said. 

And be it further enacted by the authority aforesaid, 
Persons exempt That the Lieutenant Governor, members of the Council, 

from the train- . ' 

band & alarm- benate, and House ot .Representatives, members ot Con- 
gress, the Secretary of the Commonwealth, Justices of 
Supreme Judicial Court, selectmen for the time being, 
ministers of the gospel, grammar school masters, the 
officers and students of Harvard College, the denomination 
of Christians called Quakers, negroes, Indians and mulat- 
toes, shall be, and hereby are exempted from both the 
Train Band and Alarm List aforesaid. 

And be it further enacted by the authority aforesaid, 

Towns to be That each town within this Commonwealth shall be con- 
provided with . . 

gunpowder, &c. stantly provided with one barrel ot gun powder, contain- 
ing one hundred weight, three hundred weight of leaden 
balls of various sizes, and three hundred flints, for every 
sixty soldiers in the Train Band, and the same proportion 
for any greater or smaller number. 

And be it further enacted by the authority afroesaid, 
tag^oprovfde— That every town which shall neglect to keep constantly 
provided with the stock of ammunition aforesaid, shall 
Penalty. forfeit and pay, to the use of the Commonwealth, the sum 

now recovered. f Five pounds, to be recovered by presentment in the 
Court of General Sessions of the Peace, in the county to 
which such town shall belong ; and it shall be the duty of 
Grand Jurors to make enquiry and cause to be presented 
such town or towns as shall be guilty of such neglect. 
And be it further enacted by the authority aforesaid, 
^rdlredinl That whenever the Governor or Commander in Chief shall 
the militia— order a detachment from the militia aforesaid, and any 
person who shall be detached in obedience of such orders, 
being duly notified thereof and ordered to march to the 
in ease of place of rendezvous, shall neglect or refuse to obey such 
order, or shall not within twenty-four hours after he shall 
Penalty. have been notified as aforesaid, pay a fine of ten pounds 

to the captain or commanding officer of the company to 
which he shall belong, or procure an able bodied man in 
his stead, such person shall be considered as a soldier in 
Fines, how such detachment, and be dealt with accordingly; and in 
all cases where the said fine shall be paid, the same shall 
be applied to hiring men for any service which shall be 
required of the company under the command of the cap- 
tain or officer who shall receive the same. 



1784. — Chapter 55. 153 

And be it further enacted by the authority aforesaid, 
That the denomination of Christians called Quakers, Quakers exempt 
although exempted by this act from personal military 
services, shall he subject nevertheless to pay their proper- To pay their 

/. it /. o .1 i r i e proportion of 

turn ot all expences tor raising men tor the public defence ; expencesinrais. 
and the same shall be assessed upon them by the assessors 1U ^ 11 ""- 
of the towns to which they shall belong, according to the 
rules prescribed by law for making other assessments, and 
shall be collected in the same manner as other taxes are 
collected ; and the money which shall be so collected shall 
be paid into the public treasury for the use of the Com- 
monwealth : and the assessors of towns in which the said ' !y w '"'," 1 
assessments are by this law required, shall within ten 
days after orders shall be received by the military officers 
for raising men, assess the same, and commit a list or lists 
thereof to some collector or collectors of the town, with 
sufficient warrant to collect the same ; and within twenty 
days after such assessment, shall also make a return to the 
Treasurer of the Commonwealth, specifying the sum or 
sums by them assessed, and the collector or collectors to 
whom the assessment shall be committed ; and assessors 
and collectors shall perform the said services under like 
penalties for neglect as the law provides in other cases. 

And be it further enacted by the authority aforesaid, 
That the Governor, with advice of Council, be, and ^ 'm en ' 
hereby is empowered to appoint a suitable person to the appointed, 
office of Quarter Master General, who shall be holden to 
perform the duties incident to bis office, and shall receive 
compensation therefor upon exhibiting his accounts, prop- 
erly vouched and certified, to the General Court. 

And be it further enacted by the authority aforesaid. 
That the Governor, with the advice of Council, be, and by whom Q ap- en ' 
hereby is empowered to appoint a Deputy Commissary for p° int ed. 
each division of the militia aforesaid, who shall be sworn 
to a faithful discharge of the duties of his office ; and shall 
be accountable to, and obey the orders of the Commissary 
General of this Commonwealth, in all matters respecting 
his office. 

And be it further enacted by the authority aforesaid. 
That whenever the militia, or any part thereof, of any Officers and soi- 
town within this Commonwealth, shall be ordered to Si with three 
march for the immediate defence of this or any of the Sl^J!,7 n v ^ s 
United States of America, each officer and soldier shall 
provide and take with him three days provisions, unless L-uiess- 



154 1784. — Chapter 56. 

selectmen to otherwise ordered ; and the selectmen of such town shall 

cause carriages . ' -. . . , -. , 

to attend with cause carnages to attend them with further necessary 
provisions, &c. p rov j s i ons iin( \ ca rnp utensils, and shall continue to 

forward to the Commissary, or Deputy Commissary, suffi- 
cient supplies for the men marched from their respective 
towns, until notice shall be given to them by the Com- 
missary or Deputy Commissary to desist. 
tte?r C M(rounte ay And tne selectmen who shall so furnish supplies, shall 
b r f °court Qen " ^ their accounts with proper certificates of the provi- 
sions supplied by them, and of the expences incurred 
therefrom, before the General Court for allowance and 
payment. March 10, 1785. 



Chap. 



1784. — Chapter 56. 

[January Session, ch. 23.] 

5Q AN ACT FOR TAKING AWAY THE BENEFIT OF CLERGY IN ALL 
CASES WHATSOEVER, AND DIRECTING ADEQUATE PUNISH- 
MENT FOR THE CRIMES WHERE THE SAME USED TO BE 
ALLOWED. 

Preamble. Whereas the plea of benefit of clergy, though it was origi- 

nally founded in superstition and injustice, yet by long 
usage and the humanity of criminal law is so interwoven 
with it, as to become very essential in its present system; 
but forasmuch as the operation of it consists only in the 
mitigation of the punishment for those crimes where.it is 
allowed, which in most cases operates very inadequately 
and disproportionately , and for which more adequate reme- 
dies may be provided : 

Be it therefore enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
Benefitof clergy authority of the same, That from and after the publication 
after the pubii- of this law, the plea of benefit of clergy shall not be used 
act!°escei)t hls or allowed in any cause whatsoever, unless in the prosecu- 
tion for crimes committed before the passing this act, for 
which the said plea of benefit of clergy would have then 
been allowed. 

And be it further enacted by the authority aforesaid, 
Punishment for That if any person shall be convicted of any crime wherein 

crimes where i 1 p 1 c r e 

the same used by law the plea of benefit of clergy was heretofore allowed, 
and for which, without such benefit of clergy, he must 
have been adjudged to sutler the pains of death, such per- 
son shall be set upon the gallows for the space of one 
hour, with a rope about his neck, and the other end thereof 



1784. — Chapter 57. 155 

oasl over the gallows, pay a fine, not exceeding jive hun- 
dred pounds, be whipped, not exceeding thirty-nine stripes, 
and be bound to the good behaviour, or suffer one or 
more of the above punishments, according to the aggrava- 
tion of the oft'ence ; and so often as he shall be convicted 
of the same crime, shall sutler the punishments above- 
mentioned, or any one or more of them, unless some other 
punishment shall be, or may have been by the laws of this 
Commonwealth assigned for such crime, in which case the 
offender shall suffer as by such law is or shall be directed. 

March 11, 1785. 



1784. — Chapter 57. 

[January Session, ch. 24.] 

AN ACT FOR THE RELIEF OF, AND TO PREVENT DEBTORS (JhttV- 57 
BEING OBLIGED TO PAY INTEREST ON DEBTS NOW DUE, 1 ' 

WHERE A LEGAL TENDER OF THE SAME HAS BEEN MADE 
TO THE CREDITOR, BEFORE THE FIRST DAY OF JANUARY, 
ONE THOUSAND SEVEN HUNDRED AND SEVENTY-SEVEN, 
IN THE THEN CIRCULATING CURRENCY. 

Whereas by an act of the General Court, passed the Preamble. 
twenty-sixth day of September, One thousand seven hun- 
dred and seventy-six, entitled, " An Act to prevent forging 
and altering bills of public credit, and for preventing the 
depreciation thereof, and for making the bills of credit of 
the United Colonies, and the bills of this government a ten- 
der, in all payments ; " it was among other clauses enacted, 
that the bills of credit of the United Colonies, established 
by the American Congress, and the bills of this government, 
shcdl be received in cdl payments within this colony ; and a 
tender of the same may be pleaded in bar to any action 
brought for the recovery of money or species of money, due 
by deed or simple contract, or in any way or manner what- 
ever : 

And whereas by an act of the General Court, passed the 
sixth day of July, One thousand seven hundred and eighty- 
one, entitled, " An act providing for the payment of the 
inierpst on the new bills of credit, and fixing the rate at 
which they shall be received into the treasury, for suspend- 
ing the making up judgment in civil causes for a limited 
time, and repealing all the laws heretofore passed for mak- 
ing the said bills a tender; " the said act of September the 
twenty-sixth, One thousand seven hundred and seventy-six, 



150 1784. — Chapter 57. 

was repealed to all intents and purposes, and no provision 
is made in the said act of One thousand seven hundred and 
eighty-one, for the relief if persons who gave full credit to 
the paper currency then circulating, and received it in all 
payments without any discount, and having tendered the 
same to their creditors before the first day of January, One 
thousand seven hundred and seventy-seven, it has been 
refused by the said creditor or creditors, and they are now 
liable to pay the interest on the said debts notwithstanding 
the said tender, whereby many honest debtors will be greatly 
injured, having sunk nearly the ivhole of the principal by 
their creditors refusing to receive the money at that time, 
and are now liable to pay both principal and interest in 
specie, which is unjust, and may probably be the ruin of 
many valuable members of the community , if some provision 
is not made for their relief: 

Be it therefore enacted by the Senate and House of Rep>- 
resentatives, in General Court assembled, and by the 
interest not authority of the same, That where an action or actions that 
a tender haf hath or shall be brought by any person or persons in any 
been made. Court of law within this Commonwealth, proper to try the 
same, for the recovery of any debt contracted before the 
first day of January, One thousand seven hundred and 
seventy-seven, and it shall be made to appear to the said 
Court, that a legal tender has been made of the same, 
before the said first day of January, One thousand seven 
hundred and seventy-seven, to the creditor, that then and 
in all such cases the Court before whom the said cause 
shall be tried, be, and they are hereby empowered and 
directed to make up judgment for the principal, and inter- 
est only to the time of the said tender being made, and 
not allow any interest on the said debt after the date of the 
Proviso. said tender ; provided it was made before the first day of 

* January, One thousand seven hundred and seventy-seven ; 
and the original defendant or defendants in any action 
now depending in the Supreme Judicial Court, or either 
of the Courts of Common Pleas in this Commonwealth, 
when a tender has been made as aforesaid, may plead the 
same in such manner as if the said action had been com- 
menced after the passing this act, and no continuance or 
appeal had taken place. 

And be it further enacted by the authority (/foresaid. 
Tenders made That in case a tender was made at any time since the first 

ufter .Ian. 1777, • 

directions in day of January. One thousand seven hundred and seventy- 

this case. J * ' ^ 



1784. — Chapter 58. 157 

seven, or at any time, to executors, administrators, 
agents, attornies, or to any other persons acting in trust, 
the same proceedings shall be had as in such ease are 
directed by the law of this Commonwealth, passed in the 
year of our Lord, One thousand seven hundred and eighty, 
for establishing a rule of depreciation. 

March 11, 1785. 

1784. — Chapter 58. 

[January Session, ch. 25.] 
AN ACT AGAINST ARSON, AND OTHER MALICIOUS BURNING. r<J w ^ Hg 

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, between sun setting and sun Burning dweii- 
rising, wilfully and maliciously shall burn the dwelling Sfht^deemed 
house of another, or any out building adjoining thereto, fe ' »y- 
or any other building by means of which a dwelling house 
shall be burnt, and be thereof convicted, such offender 
shall be adjudged guilty of felony, and shall suffer the 
pains of death. 

And be it further enacted by the authority aforesaid, 
That if any person shall wilfully and maliciously, between punishment 
sun rising and sun setting, burn the dwelling house of ^o^betwTen 
another, or anv out building adjoining thereto, or any sun-riripg and 

' ^ <- «' ~ ' • sun -setting. 

other building by means of which a dwelling house shall 
be burnt ; or that shall wilfully and maliciously, by night 
or by day, burn any barn, warehouse, shop, mill, malt 
house, out house, any public building, or other building- 
whatsoever, or any ship or other vessel laying within the 
body of the county, and be thereof convicted before the 
Justices of the Supi erne Judicial Court, such offender shall 
be sentenced to hard labour for term of life or years, be 
set in the pillory at one or more times or places, not • 
exceeding three, be whipped at one or more times or 
places, not exceeding four times, be imprisoned, bound to 
the good behaviour, or fined, or to any or all of these 
punishments, according to the nature and aggravation of 
the offence. 

And be it further enacted by (he authority aforesaid, 
That if any person shall wilfully and maliciously burn any Punishment for 
stacks of corn, hay, grain, straw, corn stalks, flax, fences, J^g "tack^oT 
piles of wood, boards or other lumber, and be thereof con- hay ' corn ' &c " 
victed as aforesaid, such offender shall be sentenced to be 



158 1784. — Chapter 59. 

whipped, lined, stand in the pillory, to be confined to hard 
labour, and be bound to the good behaviour, or to all or 
any of them, according to the nature and aggravation of 
the offence. 

And be it further enacted by the authority aforesaid, 
niraungflTt" That if any person shall wilfully and maliciously make a 
son, gvass, &c. gj.g w jth design to communicate the same to the soil, grass, 
trees, poles or under brush of any other, or shall wilfully 
and maliciously suffer any fire so to communicate, as that 
by means thereof damage to the amount of Tenpounds shall 
be done to the owner or owners of the soil on which such 
damage is done, and be thereof convicted as aforesaid, he 
shall be sentenced to be fined, imprisoned, confined to hard 
labour, or bound to the good behaviour, or to all or either 
of the said punishments, according to the nature and 
aggravation of the offence. March 11, 1785. 



1784. — Chapter 59. 

[January Session, ch. 26.] 

Chan 59 AN ACT IN ADDITI0N T0 AN ACT prescribing forms of 

^ ' WRITS IN CIVIL CAUSES, AND DIRECTING THE MODE OF 

PROCEEDING THEREIN. 

Preamble. Wliereas in the form of executions in civil causes, 

prescribed in the said act, no provision is made for 
ascertaining the times at which the said executions are to 
be returned: 

Therefore, be it enacted by tlie Senate and House of 
Representatives in General Court assembled, and by the 

Executions, authority of the same, That all executions issued upon any 
" judgment in civil causes, shall be made returnable at such 
times as are provided by the several laws of this Common- 
wealth, any thing in the said form to the contrary not- 
withstanding. 

And be it enacted by the authority aforesaid, That in all 

Those issued af- cases where a writ of execution shall issue after the first 

how«FesBed!' day of May next, there shall be expressed therein the time 
and place when and where the same shall be returnable. 

Proviso. Provided nevertheless, That all executions already issued 

since the passing of the said act, or which may be issued 
within thirty days after the first day of April next, agree- 
able to the said form, shall be good and valid in the law, 
to all intents and purposes. March 14, 1785. 



1784. — Chapter 60. 159 



ents, in Chap. 60 

iETTS, TQ J 



1784. — Chapter GO. 

[January Session, ch. 27.] 

AN ACT FOR EMPOWERING AND COMMISSIONING AGEN 
BEHALF OF THE COMMONWEALTH OF MASSACHUSETTS 
CONDUCT AND PROSECUTE THE CLAIMS OF THE SAID COM- 
MONWEALTH TO CERTAIN LANDS THEREIN MENTIONED. 

Whereas (he claims of the Commonwealth of Massachu- Preamble. 
setts to certain lands described in the petition of the legis- 
lature of the said Commonwealth to Congress, dated the 
twenty-seventh day of May, One thousand seven hundred 
and eighty-four, are controverted and disputed by the /State 
of New York, for the hearing and determination of which 
controversy and dispute, a Court hath been mutually 
agreed to, and rightfully constituted and appointed, which 
Court is to be h olden on the first Tuesday of June next, 
at which time the appearance of agents, in behalf of the 
Commonwealth aforesaid, will be absolutely necessary: 
And whereas John Lowell, James Sullivan, and Theoph- 
ilus Parsons, Esq'rs. have been duly appointed by this 
Court, agents for prosecuting the claims aforesaid: 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That the said John Lowell, James Agents em- 
Sullivan, and Theophilus Parsons, or either of them, be, coi^ct &°pros- 
and they hereby are invested with full power and author- ecute cla,ms - 
ity, for and in behalf of the said Commonwealth of Massa- 
chusetts, to appear at the aforesaid Court, whensoever and 
wheresoever the same shall be holden ; and at the same 
Court, to conduct and prosecute the claims of this Com- 
monwealth to the lands aforesaid, to final judgment and 
letermination in such legal and regular methods as they 
may find most beneficial to the rights of this Common- 
wealth : And the agents aforesaid, or either of them, are impowered to 
hereby further empowered (if they shall judge it will be employ coun8eK 
for the interest of this Commonwealth) to employ Doctor 
Samuel William Johnson, of Connecticut, (or if by reason 
of his sickness or other unavoidable accident he shall be 
unable to attend, in that case they may appoint another 
person learned in the law, if they shall think fit) as coun- 
sel with them in the business aforesaid ; and further, to 
suffer and do any other matter and thing necessary to the 
obtaining a just and legal determination and settlement 
of the dispute and controversy aforesaid. 



160 



1784. — Chapter 61. 



Commissions to 
be delivered to 
the agents. 



And be it further enacted by the authority aforesaid, 
That commissions in due form of law shall pass the seal 
of the said Commonwealth, manifesting and declaring the 
power and authority aforesaid, and be delivered to the 
several agents aforesaid, previous to their appearance at 
the said Court. March 14, 1785. 



Chap. 61 



1784. — Chapter 61. 

[January Session, ch. 28.] 

AN ACT TO AUTHORIZE THE TREASURER TO ISSUE CERTIFI- 
CATES IN CERTAIN CASES. 



Preamble. 



Treasurer di- 
rected to issue 
certificates. 



Proviso. 



Form of the 
certificate. 



Whereas the payment of the army notes issued pursuant 
to an act passed the fifth day of July, Anno Domini, One 
thousand seven hundred and eighty-one, will be inconven- 
ient, if not impracticable, in the manner provided in the 
tax act of (he ninth of July last: And whereas issuing 
certificates in lieu of the said notes, may tend to expedite 
the payment of the said tax by a. reciprocal exchange of 
property between individuals, in a manner consistent with 
justice : 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled,' and by the 
authority of the same, That the Treasurer be, and he 
hereby is directed, to issue to such person or persons as 
shall apply for the same, certificates of such denominations 
as he shall judge will best answer the end by this act pro- 
posed. 

Provided nevertheless, That no certificate shall be issued 
as aforesaid for a less sum than Three pounds, in discharge 
of the army notes (so called) which are payable in the 
years One thousand seven hundred and eighty-four, and 
One thousand seven hundred and eighty-five, the payment 
of which is provided for in the said tax act, in manner 
and form following, viz. 

Treasurer's Office, Boston, 178 No. 

Pursuant to a law of this Commonwealth I do hereb}* 
certify, that there is due to or bearer the sum of 

and this certificate shall be received in payment 
of the State Tax granted in July, One thousand seven hun- 
dred and eighty-four, equal to the same sum in silver and 
gold. T. I. Treasurer. 



1784. — Chapter 62. 161 

And be it enacted by the authority aforesaid, That the Directed to 
Treasurer be, and he is hereby directed, to procure a printed, &c? eB 
sufficient number of copies of the form aforesaid, printed 
in books, and to enter the name of the person in whose 
favor the certificate is tilled up, with the date, number 
and amount of the same, in the margin of each certificate, 
which margin shall be kept in the Treasurer's office. 

And it is further enacted by the authority aforesaid, 
That the certificates issued by virtue of this act, shall be Receivable for 
received in payment of the State Tax granted in July, One 
thousand seven hundred and eighty-four, equal to the 
same sum in silver or gold ; and in payment for land 
belonging to this Commonwealth, in the same manner as 
the notes for which the said certificates shall be given 
might have been received. 

And be it further enacted by the authority aforesaid, 
That if any person shall counterfeit, forge, or fraudulently Penalty for 
alter any of the certificates aforesaid, he shall be liable ° n 
and subject to like pains and penalties as are provided 
in case of counterfeiting, forging, or altering any of the 
government securities or notes heretofore issued by the 
Treasurer of this Commonwealth. March 14, 1785. 

1784. — Chapter 62. 

[January Session, ch. 29.] 

AN ACT FOR OPENING SLUICE WAYS IN THE MILL DAM OR CllOB 6 9 
DAMS WHICH HAVE OR MAY BE ERECTED ON PRESUMP- "' 

SCUT RIVER, IN THE COUNTY OF CUMBERLAND, AND UPON 
ANY STREAM OR STREAMS WHICH FALL INTO THE SAME 
RIVER. 

Whereas it appears to this Court, that the people who Preamble. 
live in the neighbourhood of Presumpscut River, in the 
comity of Cumberland, have heretofore, and still may 
derive extensive benefits from the fishery on the said river, 
and streams which fall into the same, unless prevented by 
the mill dams which have or may be erected across the said 
river and streams, the increase or even continuance of which, 
unregulated, for any considerable length of time, must 
inevitably destroy the annual course of the fish up the said 
river: Therefore, 

Be it enacted by the Senate and, House of Representa- 
tives in General Court assembled, and by the authority of 
the same, Thai the Court of General Sessions of the Peace conrtofSes. 
for the said county of Cumberland, be, and they are, ered^appoint 



162 



1784. — Chapter 62. 



a committee 
annually. 



Their duty. 



To be sworn. 



Owners of mills 
neglecting to 
open sluice- 
ways. 



Forfeiture. 



How recovered. 



Forfeitures, 
how applied. 



( lommittee, by 
whom compen- 
sated. 



hereby authorized and directed, annually, to appoint a 
committee consisting of three indifferent and discreet per- 
sons, within the same county, whose duty it shall be to 
take effectual care that sufficient sluice ways be annually 
opened in all mill dams erected, or that may be erected 
across the said river or streams, in order that the fish 
may not be obstructed in their passage up the same ; and 
that the said sluice ways be annually kept open during 
the season in which salmon, shad and alewives usually 
pass up the said river ; which committee, so appointed, 
shall be sworn to the faithful discharge of the duties 
assigned them by this act, before they proceed to the exe- 
cution of the same duties. 

And be it further enacted by the authority aforesaid, 
That where the owner or owners of any such mill or mills 
shall neglect or refuse to open or continue open any such 
sluice way or ways in their mill dams respectively, in 
every such case the said committee, or any two of them, 
are hereby authorized and empowered to cause the same 
to be done as speedily as may be ; and the owner or 
owners so neglecting or refusing, upon notice given them, 
or any of them, by the said committee, or any two of 
them, for that purpose, shall forfeit and pay a sum equal 
to the reasonable expence of opening and continuing open 
any such sluice way or ways, with the addition of fifty 
per cent, thereto ; which forfeiture shall be recovered by 
the said committee by action of the case, to be by them 
instituted and pursued to final judgment and execution in 
their capacity aforesaid. 

And it is further enacted by the authority aforesaid, 
That so much of the monies recovered from time to time 
as will be sufficient to defray the necessary expences of 
opening, and continuing open as aforesaid, the same 
sluice ways, shall by the said committee be applied to 
that purpose, and the overplus accruing by such forfeit- 
ures the said committee shall be accountable for to the 
several incorporated towns hereinafter mentioned. 

And it is further enacted by the authority aforesaid, 
That the said committee shall have such reasonable com- 
pensation made them from time to time, for their expences 
and services arising and performed pursuant to this act, 
by the several towns now incorporated, or that, may be 
incorporated, in equal proportion as do or shall stand in 
the last preceding State Tax Act, and which towns adjoin 



1784. — Chapter 63. 163 

the same river, as the said Court may think proper to 
allow ; and that if any of the said incorporated towns 
shall neglect or refuse to pay their proportion of the sums 
that may be due to the said committee, from time to time, 
for their expences and services aforesaid, in every such 
raise the same committee be, and they are, hereby author- 
ized and empowered, if they see fit, to recover by legal 
process the whole sum that may be due to them from any 
one of the said towns which shall so neglect or refuse. 

And it is further enacted by the authority aforesaid, 
That when there shall be more than one mill supplied ^ a h n e o n Tmui is 
with water by any one dam erected, or that may be supplied by any 

. oug dciiii. ex- 

erected as aforesaid, in every such case, the expence of pence how' 
opening and continuing open sluice ways in such dam, 
shall be borne by the owner or owners of such mills 
respectively, in proportion to the interest which they may 
respectively have therein. 

And it is further enacted by the authority aforesaid, 
That Enoch Freeman and Daniel Davis, Esq'rs. Justices Justices of the 

•* it gucg author- 

of the Peace for the said county, quorum wins, be, and ized to appoint 

.-■ -ii . i . t i t i ' i the committee, 

they are, hereby authorized and empowered to appoint to continue un- 
such committee as is hereinbefore mentioned, who shall court of sls- 
continue in office until the next Court of General Sessions sionB - 
of the Peace for the same county ; and during that time 
the said committee shall perform the duties, be vested 
with the powers, and entitled to the compensation herein 
before granted to such committees by this act. 

March 14, 1785. 

1784. — Chapter 63. 

[January Session, ch. 32.] 

AN ACT PROVIDING A PLACE OF CONFINEMENT FOR THIEVES Qftfift 63 
AND OTHER CONVICTS TO HARD LABOUR. * ' 

Whereas it has become necessary to the safety of the Preamble. 
industrious inhabitants of the Commonwealth, to provide 
some place, other than common goals, for the reception and 
confinement to hard labour of persons convicted of lar- 
cenies, and other infamous crimes: 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That the island within the harbour piaceofconBne- 
of Boston, commonly called Castle Island, shall be a place £r n conv£. 6d 
for the reception and secure confinement of all such per- 



164 



1784. — Chapter 63. 



How disciplined. 



Persons sen- 
tenced to con- 
finement, how 
conveyed. 



Expence, how 
borne. 



Officers of the 
garrison, their 
duty. 



Convicts escap- 
ing or attempt- 
ing to escape, 
Jtc. how pun- 
ished . 



Their allowance 



In case of neg- 
lecl in perform 
lug Hiints, how 
corrected. 



sons as shall be sentenced to confinement and hard labour 
for the term of their natural lives, or for any shorter 
space of time, pursuant to any laws of this Common- 
wealth ; and that when any person shall be sentenced to 
confinement and hard labor as aforesaid, by any Court of 
Justice within this Commonwealth, for auy space of time, 
such person shall be sent to the said island, and be 
securely kept, and be under the discipline and command 
of the officers of the garrison there, in the same manner 
as if such convict was under voluntary inlistment to serve 
in the same garrison for the same space of time. 

And be it enacted, That whenever any person shall be 
sentenced to confinement as aforesaid, a warrant shall be 
made under the seal of the Court before whom the convic- 
tion shall be, signed by the clerk thereof, and directed to 
some proper officer, to convey the said convicted person 
to the said island ; and in all such cases, the expence 
thereof shall be borne by the Commonwealth, and paid 
out of the public treasury ; and the Governor, with the 
advice and consent of Council, is hereby authorized and 
empowered to make his warrant therefor. 

And be it further enacted, That the military commander 
and other officers of the same garrison shall receive all 
such convicts as shall be sent to them as aforesaid, and it 
shall be their duty to keep them securely, according to 
their best discretion. 

And be it further enacted, That if any of those convicts 
shall escape or attempt to escape from the said island, or 
shall be guilty of any mutiny or disobedience of orders, 
the person so offending shall be liable to trial by court 
martial, and besides suffering confinement as aforesaid 
double the time lost by escape, shall be liable to the same 
punishment as is or shall be provided for the government 
of the troops stationed there. 

And, be it further enacted, That those convicts shall not 
be allowed to watch, ward or perform any garrison or 
military duty, save only fatigue work ; shall not be 
allowed any spirituous liquors, save only in ease of sick- 
ness ; shall be allowed only moderate and ordinary 
rations; and in case of neglecting or refusing to perform 
such reasonable stint of hard labor as shall be assigned to 
them, they shall be abridged of those rations until they 
have performed the same; and otherwise further cor- 
rected, accordiugto the discretion of the three first com- 



1784. — Chapter 63. 165 

mission officers present of the said garrison ; Provided as 
aforesaid, the punishment for the said offence doth in no 
instance amount to the deprivation of life or member. 

And be it further enacted, That the said commander commander 
and other officers of the said garrison, shall, at the cers to appoint 



in overseei 



expence of government, procure some suitable person, 

whom they may displace, and appoint another in his room 
as often as they think proper, to be a constant overseer 
of those convicts; and it shall be the duty of such over- aisduty. 
seer, during the time such convicts are sentenced to be 
confined there, to keep them to such hard labour and ser- 
vice as shall be ordered by the commander of the said gar- 
rison, for repairing and strengthening the fortifications 
there, picking oakum, making nails, or to any hard 
labour that the General Court or the Governor and Coun- 
cil may hereafter order, for defraying the charge and 
expence of keeping and maintaining them in confinement 
as aforesaid. 

And be it further enacted, That the Commissary General §enerai toTnp- 
shall from time to time supply the said overseer with ply the overseer 

. , , , . , * l > ,. , with tools, &c. 

materials, tools and implements necessary for employing 
those convicts at their labor ; and the said overseer shall 
keep a distinct and fair account of the same, with a fair 
account of all their earnings ; and shall from time to time 
deliver to the said Commissary the produce of those mate- 
rials, and once every year at least, or oftener if required, 
render a full and perfect account of all the materials, tools 
and implements supplied, and the produce thereof, to the 
Commissary General, who shall lay the same before the 
General Court for their allowance and approbation. 

And in order that the number and state of the convicts 
confined as aforesaid, may from time to time be fully 
known : 

Be it further enacted, That the commanding officer ^t SSSSrto^Sm ■ 
the Castle shall keep a true and regular kalendar of the true calendar of 
convicts sentenced and committed to hard labor on the 
said island as aforesaid, the time of their commitment, 
by what Court committed, for what term of time, and at 
what time they are liberated or have escaped ; and shall 
at the opening of the Supreme Judicial Court, for the 
county of Suffolk, from time to time, make a true return 
in writing to the Justices of the same Court, of all the 
commitments, terms and liberations as above described, 
that have taken place since the last return, and of the con- 



166 



1784. — Chapter 63. 



Officers or over- 
seer conniving 
at or permiting 
escapes. 



Penalty. 



Non-commis- 
sioned officers 

or privates 
conniving at 
escapes. 



Punishment. 



Issuing commis- 
sary to allow 
one ration per 
day. 

Persons taking 
up convicts who 
escape. 



Bounty. 



Convicts, how 
c loathed. 



victs then in his custody, on penalty of forfeiture of such 
sum as shall be set upon him by the said Court, not 
exceeding the sum of Thirty pounds. 

And be it further enacted, That if the commanding offi- 
cer or other officer of that garrison, or overseer by them 
appointed, shall connive at, negligently or voluntarily 
suffer or permit any escape of any of those convicts from 
their confinement, during the term they are sentenced to 
hard labour, and be thereof convicted at the Supreme 
Judicial Court, he shall be adjudged incapable of sustain- 
ing any office under this government, and be fined not 
exceeding One hundred pounds, and be imprisoned not 
exceeding twelve months, all or any of those punish- 
ments, according; to the nature and aggravation G f his 

7 O OCT 1 

offence. 

And be it further enacted, That if any non-commis- 
sioned officer or private soldier shall connive at, negli- 
gently or voluntarily suffer or permit any escape of any 
of those convicts from their confinement, during the term 
they are sentenced to hard labor, he shall suffer such pun- 
ishment as is provided in case of desertion, according to 
the discretion of the court martial before whom he shall 
be tried. 

And be it further enacted, That the issuing commissary 
at the said garrison shall deliver over to the said overseer 
one ration a day for each of those convicts. And further, 
that any person who shall take up any of those convicts 
who shall escape before their term is expired, from that 
garrison, and return him or them to the commanding offi- 
cer thereof, shall receive reasonable pay for all his time 
and expences, and also a bounty of forty shillings, by 
warrant from the Governor, with advice of Council, on 
the Treasurer of this Commonwealth. 

And to the end such convicts may be fully known, and 
to prevent any person from purchasing their cloath ing : 

Be it further enacted, That each of those convicts who 
shall be sentenced to such confinement for twelve months, 
or more, before he is carried on to the said island, shall 
receive of the Commissary General, a coat, jacket and 
breeches, as a badge of infamy, in lieu of his old ones, and 
as often thereafter as it shall be adjudged necessary by 
the commander of the garrison, each of which shall be 
made half of cloth of one color, and the other half of cloth 
of a distinct different color ; and the said convict shall not 



1784. — Chapter 63. 167 

be allowed to wear any other coat, jacket or breeches, 
during the term of his confinemenl there ; and at the expira- 
tion of the said term, where such confinement is for twelve 
months, or any term of years, he shall leave the cloathing 
received as aforesaid, with the Commissary General, who 
shall return to him his former cloathing again. 

And be it further enacted, That if any convict shall at f x u £g^ tor 
any time exchange the cloathing received as aforesaid, or destroying or 

i . iii i-ii disposing or 

shall destroy or dispose of the same, he shall be liable to cloathing. 
such corporal punishment as the said commander shall 
order, not extending to life or member, and if any person 
shall buy or receive of any such convict his said cloathing, 
or any part thereof, and be thereof convicted in the 
Supreme Judicial Court, or Court of General Sessions of 
the Peace, such offender shall be sentenced to pay a line 
of ten pounds, and if he or she shall be unable to pay 
the same, such person shall be sentenced to hard labour 
on the same island, for a space of time not exceeding 
six months, and shall be liable to all the punishments 
and discipline as the person was from whom he shall receive 
the same. 

And he it further enacted, That if any person shall assist SToV^st- 
any such convict to escape from the said island, or shall ing convicts to 
harbour, conceal or receive any such convict, or yield him 
any comfort or assistance, knowing him to be such, the 
person so offending being thereof duly convicted in either 
of the Courts aforesaid, shall, at the discretion of the runishment. 
Court before whom the conviction may be, pay a fine not 
exceeding the sum of Fifty pounds ; and if he or she shall 
be unable to pay the said line, such person shall be sen- 
tenced to serve on the said island in manner aforesaid, and 
under the regulations and discipline of the garrison, as 
before mentioned. 

Provided always, and be it enacted by the authority 
aforesaid, That no female shall be sentenced to confine- ^ ut f ^ I d et t ° be 
ment in the garrison aforesaid, until some meet and suit- confinement in 

,,, -i -I, , • t -i i -1 e tuo garrison 

able place shall be provided, to keep them separate from until, 
the male convicts to be there confined, until which time 
all females convicted of any of the offences for which con- 
finement shall be directed as the punishment, in whole or 
in part, the Court before whom the conviction may be, 
shall substitute such other corporal or infamous punish- 
ment as shall in their opinion appear just and reasonable, 
according to the nature and aggravation of the offences : 

O Do 



168 



1784. — Chapter 64. 



Provided, that no punishments shall be inflicted but such 
as have been known and accustomed at common law. 

March 14, 1785. 



1784. — Chapter 64. 

[January Session, ch. 30.] 

Char) 64 AN ACT empowering the selectmen of such towns in 

1 ' THIS COMMONWEALTH AS ARE ALREADY, OR MAY HERE- 

AFTER BE PROVIDED WITH A FIRE ENGINE OR ENGINES, 
TO NOMINATE AND APPOINT ENGINE MEN. 



Preamble. 



Selectmen em- 
powered to 
nominate and 
appoint engine 
men. 

Engine men 
empowered to 
meet annually, 
to chuse adirec 
tor, &c. 



Held and 
obliged to meet 
once a month, 
to examine the 
State of the en- 
gines, &c. 



Whereas it is of great importance to the preservation of 
life and property, that provision he made to extinguish 
fires; and the method of selecting suitable persons for the 
purpose of keeping in repair end working fire engines in 
such towns as are provided therewith, hath been productive 
of good consequences : 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That the Selectmen of such towns 
in this Commonwealth as are provided with a tire engine 
or engines, or who may in future be provided with a fire 
engine or engines, be, and they are, hereby empowered, if 
they shall judge it expedient, to nominate and appoint a 
number of suitable persons for engine men as soon as may 
be, after the passing of this act, and ever after in the 
month of January, annually, not exceeding eighteen to 
any one engine, which engine men who may be nominated 
and appointed in manner aforesaid, be, and they are, 
hereby authorized and empowered to meet together some- 
time in the month of May, annually, for the purpose of 
chusing a master or director of the said engine, and estab- 
lishing such rules and regulations for the well ordering of 
the said company, as the Selectmen of such town shall 
judge necessary and approve; provided, the same be not 
repugnant to the constitution and laws of this Common- 
wealth. 

And be it enacted, by the authority aforesaid, That the 
respective companies of engine men, who may be nomi- 
nated and appointed in pursuance of this act, shall be held 
and obliged to meet together once at least in each month, 
and oftener if necessary, for the purpose of examining the 
state of the engine to which they belong, and (he append- 
ages belonging to the same, and seeing that the said 



1784. — Chapter 65. 169 

engine is in good repair, and ready to proceed on any 
emergency to the relief of any part of the community who 
maybe invaded by the calamity of fire; and the said 
engine men appointed as aforesaid, shall bo held and 
obliged to go forward, either by night or by day, and use 
their best endeavours to extinguish any tire that may 
happen in the same town, or the vicinity thereof, (under 
the direction of the fire wards in the same town) as shall 
come to their knowledge, without delay. 

Be it enacted by the authority aforesaid, That the per- Excused from 

, , u . -i-i -.1 • military duty. 

sons who may be nominated and appointed engine men, 
in pursuance of this act, shall be, and they are, hereby 
excused from all military duty. 

Be it enacted by the authority aforesaid, That if any Persons negii. 

. . «* . -i-i •ii* gent and rciniHw 

person who being nominated and appointed in manner in duties, to be 
hereinbefore directed, shall be negligent and remiss in dls P ,ace • 
the duties required of him by this act, except sickness or 
any other disability shall prevent him therefrom, it shall 
be the duty of the Selectmen in the same town, upon suffi- 
cient evidence thereof, to strike his name from such list, 
and proceed to appoint another person as an engine man 
in his room, in the same manner as they are hereinbefore 
empowered to do in the month of January, annually. 

March 15, 1785. 

1784. — Chapter 65. 

[January Session, ch. 31.] 

AN ACT AGAINST ACCESSARIES TO CRIMES AND FELONIOUS (J] ia p. (55 
ASSAULTERS. 1 ' 

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 aid, assist, abet, conn- punishment for 
sel, hire, command or procure any person to commit the fag persons in " 
crime of murder or rape, sodomy, arson, robbery or burg- ^de"&c. 
lary, he is, and shall be considered as an accessary before 
the fact to the principal offender or offenders, and being 
thereof convicted, shall suffer the like punishment as is by 
law assigned for the crime to the commission of which he 
shall be so accessary. 

And be it further enacted by the authority aforesaid. 
That whosoever shall knowingly receive, harbour, con- Punishment for 

. . . i. harbouring or 

ceal, maintain, assist, or relieve any person or persons concealing such 
who have committed any of the crimes beforenamed, he cnmin; 



170 1784. — Chapter 66. 

is, and shall be considered as an accessary after the fact, 
and being convicted thereof, he shall be punished by set- 
ting on the gallows the space of one hour, with a rope 
about his neck, and the other end thereof thrown over 
the gallows, by fine, imprisonment, by setting in the 
pillory, by confinement to bard labour, and binding 
to the good behaviour, or to one or more of these pun- 
ishments, according to the nature and aggravation of the 
offence. 

And be it farther enacted by the authority aforesaid, 
feioniou^. f ° r That whosoever shall make an assault with an intent to 
eauiters. commit murder, rape or sodomy, and be thereof con- 

victed, shall be sentenced to be set on the gallows with a 
rope about his or her neck, and the other end thereof cast 
over the gallows, to be set in the pillory at one or more 
times or places, not exceeding three, to be whipped not 
exceeding thirty-nine stripes, be fined, sutler imprison- 
ment, and binding to the good behaviour, or to any one 
or more of these punishments, according to the nature 
and aggravation of the offence. March 15, 1785. 

1784. — Chapter 66. 

[January Session, ch. 33.] 

Chap. 66 AN ACT F0R THE punishing AND preventing of larcenies. 

Be it enacted by the Senate and House of Rej)resentatives 
in General Court assembled, and by the authority of the 
Punishment for same, That whoever shall feloniously steal any money, 
goods or chattels, any note of the Treasurer of this Com- 
monwealth for the payment of money, any note or certifi- 
cate of any bank or any public office, securing the payment 
of money to any person, or certifying that the same is 
due, any order entitling any person to money, any bill of 
exchange, bond, obligation, warrant, bill, or promissory 
note of hand for the payment of money or any valuable 
property, any record of process belonging to any Court 
of Justice, or to any public office, any book of account, 
receipts of money, or other article paid or delivered, 
adjustments and documents of any kind relating to the 
payment of money or other article, any indenture of 
apprenticeship, deed, covenant, indenture or assurance 
respecting any property, real or personal, and be thereof 
convicted, every such offender shall be punished by fine 
or whipping, in the discretion of the Court before whom 



1784. — Chapter 6G. 171 

the same shall be tried, not exceeding the sum of One hun- 
dred pounds, or thirty-nine stripes. 

And be it further enacted by the authority aforesaid, 
That it' any person shall be convicted of feloniously steal- SStSd^f rtSiu 
ing any of the beforementioned articles from the person of jf/J™"/^. 
another, whether privily and without his knowledge, or oUienhow 
openly and avowedly before his face, he shall be deemed '" 
guilty of an higher species of larceny, and shall be pun- 
ished by whipping, as aforesaid, or by fine, not exceeding 
One hundred andfifty pounds, at the discretion of the Court 
before whom the conviction shall be. 

And be it further enacted by the authority aforesaid, 
That if any person shall be convicted of the crime of theft, ^Z/theft, 
beside the punishment of tine or whipping, as aforesaid, j£ mu ^trebie 
he shall be sentenced to forfeit treble the value of the c ' 
goods or other articles stolen, to the owner thereof; any 
of the articles stolen being returned to be accounted part, 
according to their value. And if any such offender be J*™^ e d ' how 
unable to make restitution or pay such treble damages, 
the Justices of the Court before whom such conviction is, 
may further sentence him to make satisfaction to the per- 
son from whom such articles were stolen, by service, and 
he shall be, and hereby is, empowered to dispose of the 
said convict in service, to any person whomsoever, for 
such term of time as shall be assigned by the same Jus- 
tices ; or they may sentence the said convict to hard labour 
for a term of time not exceeding three years, to take place 
if the owner of the articles stolen doth not sell such con- 
vict in thirty days after a sentence therefor. 

And be it further enacted, That every Justice of the gg^JJJ" 
Peace in the county where such offence is committed, is ised to deter- 

• <■ i . -t i i i , • ii iv mine offences. 

hereby authorised to hear and determine all offences 
against this law, provided that the treble value of the Proviso, 
property stolen exceed not the sum of Forty shillings, and 
may sentence such offender to pay a fine not exceeding the 
sum of Forty shillings, or to be imprisoned for a term not 
exceeding twenty days, and to make satisfaction as above 
is directed. 

Andbe it further enacted, That when any person shall hlnded^p^na' 
be apprehended upon a charge of the said crime of theft, Jjd^ittffto 
andbe admitted to bail, he shall not only recognize to the ^-what 
Commonwealth for his appearance at the Court in such required. 
recognizance mentioned, to answer to the said charge, but 
he shall also enter into another recognizance, with suffi- 



172 



1784. — Chapter 66. 



recognizance to 
be declared for 
feited. 



Persons con- 
victed of a 
second theft to 
the value of 40 
shillings. 



cient sureties, to the party injured, for treble the value of 
if defaulted, the fc ne articles which he shall be charged with stealing; and 
if the accused person shall make default and not appear to 
take his trial according to his recognizance, in such case 
the said recognizance shall be declared forfeited, by the 
Court where the said accused person ought to have 
appeared, and the party injured shall recover treble dam- 
ages against the sureties for so much as can be made to 
appear to be stolen, as if the offender had put himself on 
his trial and had been convicted ; and if the accused person 
be committed for want of bail and upon trial be convicted 
and appeal to the Court of General Sessions of the Peace, 
or to the Supreme Judicial Court, he shall recognize to 
the party injured to respond the treble damages as afore- 
said, as well as to the Commonwealth to prosecute such 
appeal, before he is liberated. 

And be it further enacted by the authority aforesaid, That 
if any person who now is, or who hereafter shall be, con- 
victed, either before a Justice of the Peace or in any 
Court of General Sessions of the Peace, or Supreme 
Judicial Court within this Commonwealth, of the crime 
of theft, shall, thus standing convicted on record, steal 
any money, goods or chattels, or other articles as before- 
mentioned, to the value of Forty shillings, and be thereof 
convicted before the Supreme Judicial Court, holden 
within any of the counties of this Commonwealth, he 
shall for such offence be set upon the gallows for the space 
of one hour, with a rope about his neck and one end 
thereof cast over the gallows, and be severely whipt, not 
exceeding thirty-nine stripes, and be further sentenced to 
pay treble the value of the articles stolen, to the party 
injured; and the same Justices may further sentence him 
to make satisfaction to the person injured as aforesaid, by 
service as aforesaid, if he be unable to pay the same, or 
may sentence such convict to hard labour for a term not 
exceeding six years, in like manner as is hereinbefore 
provided. 

Arid be it further enacted by the authority aforesaid, 
That if any person convicted of a second theft in manner 
aforesaid, or who has heretofore been convicted of a sec- 
ond theft, standing convicted of a former theft, shall steal 
any money, goods, chattels, or other article's, as before 
described, to the value of Three pounds, and be thereof 
convicted before the Supreme Judicial Court, in any 



Punishment. 



When the 
Becoud theft 
amounts to JL.3. 



1784. — Chapter 66. 173 

county in this Commonwealth, he shall be set upon the Punishment, 
gallows for the space of one hour, with a halter about his 
neck, and one end thereof cast over the gallows, be 
severely whipped, not exceeding thirty-nine stripes, be 
branded on the right cheek with the letter T. and be fur- 
ther sentenced to hard labour during his natural life, and 
wear a chain round his leg with a large clog fastened to 
the end thereof. 

And be it further enacted by the authority aforesaid, That Persona con- 

»/ •/ victcfl of lH'C'Illv 

if any person shall break up any dwelling house in the ingupany 
day time with an intent to steal or commit any felony, or liTthe day time, 
enter any dwelling house in the night time, without break- by^ightoFdayj 
ing the same, with an intent to steal or to commit any ^m ai '^'." ll 
felony, or break up any warehouse, shop, mill, malt- 
house, barn, stable, out house, or any public building, or 
other building whatsoever, or any ship or other vessel 
being within the body of the county, by night or by day, 
with an intent to steal or commit any felony, and being 
thereof convicted before the Supreme Judicial Court, shall Punishment, 
be set upon the gallows for the space of one hour, with a 
rope about his neck, and one end thereof cast over the 
gallows, and be severely whipt not exceeding thirty-nine 
stripes, and shall pay treble the value of all goods or 
articles stolen, to the person injured, as is before herein 
provided : And the Justices of the same Court may fur- 
ther sentence him to make satisfaction for the articles 
stolen, by service, as is hereinbefore provided in case of 
theft, or sentence him to hard labour for a term of time, 
not exceeding fifteen years ; and if any person being con- Persons twice 
victed of either of these otFences, shall again commit""""'"' 
either of the said offences, and be thereof convicted before 
the Supreme Judicial Court, he shall be branded on both Pu nif * ment - 
cheeks with the letter B. and be confined to hard labour 
during life, as before mentioned. 

And be it further enacted by the authority aforesaid, 
That whosoever shall comfort, aid, abet, assist, counsel, i'.""'" 1 " 1 ""; fi " 

' ' ' aiding or at>rt 

hire, command or procure any person to commit any of tin s persons in 
the offences hereinbefore described, or that shall know- fences, or re 
ingly buy or receive any such stolen goods, chattels, or goJdsf&c? en 
articles, or that shall knowingly receive, harbour, main- 
tain or conceal any person guilty of any of the offences 
before described, shall be considered as accessary to the 
principal offender, and shall suffer the like punishment as 
he might have received on a first conviction ; and in case 



174 



1784. — Chapter 66. 



No person con- 
victed of theft, 
to be held in 
prison on ac- 
count of treble 
damages, more 
than 30 days, 
unless. 



Persons in- 
dicted for any 
high crime, .vc 
by the grand- 
jury, not found 



the principal offender be not known or prosecuted, any 
person committing any of the said crimes, whereby he 
becomes an accessary, may be prosecuted for a misde- 
meanor, and on conviction, shall suffer such punishment 
as the principal offender might have suffered on a first 
conviction. 

And whereas it sometimes happens that persons con- 
victed of theft, and sentenced to make restitution to the 
party, according to law, are unable to do the same, any 
otherwise than by service, and their being kept in goal 
may occasion greed charge to the county : 

Be it therefore enacted by the authority aforesaid, That 
no person convicted of theft, and sentenced for the same, 
shall be held in prison for or on account of the treble 
value awarded to the party injured, for more than the 
space of thirty days next after such sentence given, 
unless the party injured, or some one in his behalf, will 
become engaged, or give security to the keeper of the 
prison to pay and satisfy his charge and expence in keep- 
ing such prisoner, both for time past and future, accord- 
ing to the rate allowed for keeping prisoners in the same 
goal by the Justices of the quarter sessions ; and in case 
the person injured shall refuse or neglect so to do, and 
shall not dispose of or take such prisoner in service, the 
keeper shall no longer be chargeable with such prisoner, 
but may set him at liberty ; and in every such case the 
prisoner shall pay and satisfy the costs of Court, his own 
fees and charges of imprisonment, and if he be unable so 
to do, upon application made by the keeper of the goal 
to any two Justices, quorum unus, they are hereby 
empowered to determine the sum to be paid, and to order 
and enjoin the prisoner to make satisfaction by service, 
for such reasonable time as they may assign, for which 
time the keeper may dispose of the prisoner in service to 
any citizen of the United States, unless the Court before 
whom the conviction was, shall have sentenced the said 
prisoner to hard labor, to take effect if the party injured 
doth not dispose of him as is hereinbefore provided, in 
which ca.se the said prisoner .shall be delivered over by the 
said prison keeper to hard labour, according to the pro- 
visions of law. 

And be it further enacted, That when any person shall 
be indicted lor any high and aggravated crime or misde- 
meanor by the grand jury, and upon trial of the issue it 



1784. — Chapter 67. 175 

shall appear to the petit jury that the person accused is sjjjKy °*J£| e 
not ijuiltv of the whole crime charged in the indictment, directions in ' 

~ */ O i this c&se 

but is guilty of so much thereof as shall substantially 
amount to a crime of a lower nature, the petit jury may 
find the indicted person guilty of such part only, and not 
guilty of the whole indictment, and the Court shall pro- 
ceed to sentence such convict for the crime of which he is 
found guilty, according to law. 

And be it further enacted. That the punishment of hard 
labor mentioned in this or any other law assigning the 
same, shall be carried into execution at such place and in 
such manner as may be provided by the law of this 
Commonwealth. March 15,1785. 

1784. — Chapter 67. 

[January Session, ch. 34.] 

AN ACT TO PREVENT FORGERY, AND FOR THE PUNISHMENT OF QJ L(l p. 07 
THOSE WHO ARE GUILTY OF THE SAME. 1 ' 

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 willingly and deceitfully ^ el f y°"* 1 g ." Uly 
forge, make or alter, or wittingly and deceitfully cause or 
procure, aid, abet or command the forging, making, or 
altering any matter of record, or any other matter of a 
public nature, any false deed, last will or testament, obli- 
gation or waiting sealed, or any promissory note, bill of 
exchange, acceptance, assignment or indorsement on them, 
acquittance or receipt for money or goods, or any warrant, 
order or request for the payment of money, or delivery 
of goods or chattels of any kind, any certificate or account- 
able receipt for money or other things, any lottery ticket, 
or any assurance of money or other property whatsoever, 
with intent to defraud any person, or who shall utter or 
publish, or cause, procure or abet to be uttered and pub- 
lished as true, any of the above false, forged or altered 
matters as above specified and described, knowing the 
same to be false, altered and forged, with intent to deceive 
and defraud any person, upon conviction thereof he shall Punishment 
be punished by setting in the pillory, at one or more times 
or places, cropping one ear, whipping, imprisoning, lining. 
and binding to the good behaviour, all or any of these 
punishments, according to the nature and aggravation of 
the offence. March 16, 1785. 



176 1784. — Chapters 08, 69, 70. 



1784. — Chapter 68. 

[January Session, ch. 35.] 
ChaW. 68 AN ACT F0R THE PUNISHMENT OF RAPE. 

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 man shall ravish and carnally know 
any woman, committing carnal copulation with her by 
force against her will, or if any man shall unlawfully and 
carnally know and abuse any woman child under the age 
of ten years, every person offending in either of those 
cases before mentioned, being thereof convicted, shall be 
adjudged guilty of felony, and shall be sentenced to suffer 
the pains of death. March 16, 1785. 

1784. — Chapter G9. 

[January Session, ch. 36.] 

Chan 69 AN ACT F0R annulling the distinction between the 
'■* ' CRIMES of murder and petit treason. 

Whereas it does not appear reasonable any longer to con~ 
tinue the distinction between the crimes of murder and petit 
treason : 

Be it enacted, by the Senate and House of Representa- 
tives in General Court assembled, and, by the authority of 
the same, That from and after the passing this act, in 
all cases wherein heretofore any person or persons would 
have been deemed or taken to have committed the crime 
of petit treason, such person or persons shall be deemed 
and taken to have committed the crime of murder only, 
and indicted and prosecuted to final judgment accordingly ; 
and the same punishment only shall be inflicted as in the 
case of murder. March 16, 1785. 

1784. — Chapter 70. 

[January Session, ch. 37.] 

Chan 70 AN ACT F0R 1NC01iroUATING THE northerly part of the 

1 ' TOWN OF CUMMINGTON INTO A DISTRICT BY THE NAME OF 

PLAINFIELD. 

Preamble, WJiereas it appears to lli is Court, that the inhabitants 

of the northerly part of Cummington are exposal to great 
inconveniencies in attending public worship, by reason of 

their distance from the meeting house in /he said town. 



1784. — Chapter 71. 177 

And whereas the said inhabitants have earnestly requested 
to be incorporated into a separate district : 

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 aforesaid northerly part p^ed'Mriia' 
of Cummington, be, and it hereby is, by a line drawn vested with 
through the centre of the said town, from east to west, 
incorporated into a district by the name of Plainfield; 
and that the inhabitants of the said district be vested with 
all the powers and privileges which the inhabitants of dis- 
tricts within this Commonwealth do or may enjoy. 

Provided always, and be it further enacted, That the ^ abit £ nt * he i ld 

•7 * J ' to pay taxes al- 

inhabitants aforesaid shall be held to pay their propor- re » d y granted. 
tionable part of all taxes which have heretofore been 
granted by, or assessed on, the said town. 

Be it further enacted by the authority aforesaid, That NahumAger, 

7 J . -^ , -it'ii i Es 1' to call a 

JSlahum Ager, Jiisq ; be, and he is hereby empowered to meeting. 
issue his warrant to some principal inhabitant of the said 
district, requiring him to warn the inhabitants thereof, 
qualified to vote as the law directs, to meet at such time 
and place as he shall think fit, to chuse all such officers 
as districts are by law authorized to chuse in the month 
of March, annually. 

And be it further enacted by the authority aforesaid, 
That the inhabitants of the said district shall forever inhabitants to 
retain, hold and enjoy one full third part of all the public p^blfc tends. 
lands which now belong to the said town of Cummington. 

March 16, 1785. 

1784. — Chapter 71. 

[January Session, ch. 38.] 

AN ACT IN ADDITION TO, AND FOR REPEALING CERTAIN PARTS Qh an 71 
OF AN ACT, ENTITLED, " AN ACT IN ADDITION TO, AND FOR *■ ' 

REPEALING CERTAIN PARTS OF AN ACT, MADE AND PASSED 
THE THIRD DAY OF JULY, ANNO DOMINI, ONE THOUSAND 
SEVEN HUNDRED AND EIGHTY-TWO, ENTITLED, "AN ACT 
TO REMOVE THE OBSTRUCTIONS AND OPEN PASSAGE WAYS 
FOR THE FISH CALLED ALEWIVES, SHAD, AND OTHER FISH, 
UP NEPOXSET RIVER;" AND FOR MAKING MORE EFFECT- 
UAL PROVISION FOR THE PASSAGE OF THE SAID FISH. 

Whereas, in and, l>y the said act, it is provided, that a Preamble 
sufficient passage way be made for the said fish to pass up 
the said Hirer Neponset, by a sluice or passage way, made 
on the south side of the saw mill, standing on Mr. Daniel 



178 



1784. — Chapter 72. 



Passage way to 
be made. 



Leeds's dam (so called) which provision is found not to 
answer the purpose for which it was designed: 

Be it therefore enacted by the Senate and House of 

Representatives in General Court assembled, and by the 

certain parts of authority of the same, That such parts of the said act, as 

an act repealed. • i i» 1 • ,i ,1 • j r j.1 

provide tor a sluice or passage way on the south side ot the 
saw mill, therein mentioned, he, and hereby are, repealed 
and made null and void. 

And be it further enacted by the authority aforesaid, 
That a passage way, four feet in width, he made for the 
said fish to pass up the said River Neponset, in the follow- 
ing manner, viz. : Through the dam aforesaid there be a 
sluice or passage way made, on the north side of the 
chocolate mill, standing on the south end of the said dam, 
at the distance of eight feet from the said chocolate mill. 
And the said sluice to be well and substantially built with 
stone and timber, as the Selectmen of the town of Brain- 
tree shall judge sufficient ; and to be constructed in such a 
manner as not to draw off the water to a depth less than 
three feet and nine inches in the said Leeds's floom , when 
it runs nine inches in depth in the head of the said sluice : 
And the said sluice always to be kept open after the twen- 
tieth day of April, in every year, until the fifteenth day 
of June: And if it shall so happen that there be not a 
sufficiency of water to carry. all the mills on the said dam, 
when the said sluice is open, the said Leeds's grist mill 
shall have the preference. March 16, 1785. 



Sluice, liow 
constructed. 



When kept 
open. 



Chap. 72 

Preamble. 



Persons impris- 
oned, &o. may 
complain in 
writing to the 
Supreme Judi- 
cial Court. 



1784. — Chapter 72. 

[January Session, ch. 39.] 
AN ACT DIRECTING THE PROCESS IN HABEAS CORPUS. 

W7te,reas the writ commonly called the writ of Habeas 
Corpus is a writ of right to which the citizens of this ( Com- 
monwealth are, by constitution and /he Ian- of the land, a! 
all times entitled, to obtain relief from every wrongful 
imprisonment, or unlawful restraint of personal liberty: 

lie it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, That any person imprisoned in any common 
goal, or otherwise restrained of his personal liberty, by 
any officer or officers, or any other person or persons, for 
any cause or upon any pretence whatever, he or any 
person in his behalf may complain, in writing, to the 



1784. — Chapter 72. 179 

Supreme Judicial Court of this Commonwealth in term 
time in any county, or to any one or more of the Judges 
thereof in the vacation time of the said Court; and upon Upon such com- 
such complaint, and upon view of the copy of the warrant authorized to 
(if any there be) by which such person stands committed, habeas corpus? 
or upon his affidavit certified by a Justice of the Peace, or ^'^"b!* 1 ' 
on the oath of the person applying on his behalf, or any 
other credible witness, or upon the affidavit of such witness 
certified as aforesaid, if he lives more than twenty miles 
from the Court or Judge applied to, that a copy of such 
warrant has been demanded and denied ; the said Court 
in term time, and the said Judge in the vacation, hereby 
are respectively authorized and required to award a writ 
of Habeas Corpus, directed to the officer or person impris- 
oning or restraining the complainant, returnable forthwith 
to such Court or Judge who awarded the same, except the 
complaint be in favor of persons committed for treason or 
felony, or for suspicion thereof, or as accessary to the 
latter before the fact, plainly and specially expressed in 
the warrant of commitment, or persons convict or in exe- 
cution by legal process, criminal or civil, or committed by 
mesne process in any civil action for want of reasonable 
bail, and persons with regard to whom the benefit of the 
said writ shall be suspended by the legislature, agreeable 
to the constitution. 

And he it farther enacted, That such writ, when awarded S e t n e ™&c d ' 
by the said Court, shall be signed by the clerk, tested by 
the first justice who is not party thereto, and sealed with 
the seal thereof; but when awarded by any Judge in the 
vacation, shall only be under the hand and seal of such 
Judge, and shall direct the place to which the complainant 
shall be brought ; and the form of such writ, when awarded 
by the said Supreme Judicial Court, shall be as follows, 
viz. : 

Commonwealth of Massachusetts. 

[seal.] 8 ss. 

To Greeting. 

We command you that the body of A. B. of 
in oar prison, under your custody, (or by you imprisoned 
and restrained of his liberty, as the case may be) as 'tis 
said, together with the day and cause of his taking and 
detaining, by whatsoever name the said A. B. shall be 
called or charged, you have before our Justices of our 



Form of the 
writ. 



180 1784. — Chapter 72. 

Supreme Judicial Court, holden at B. within and for the 
county of S. immediately after the receipt of this writ, to 
do and receive what our said Justices shall then and there 
consider concerning him (or her) in this behalf; and have 
there this writ. Witness. W. C. Esq ; at B. this 
day of in the year of our Lord, 17 . p, , 

cXcw'in 1 ' And the like form shall be used by the Judge, mutatis 
term-time) or mutandis, when such writ shall be awarded by him; pro- 
vacation, not vided, that nothing in this act contained shall be con- 
banfnsTany '° m strued to hinder or restrain the said Supreme Judicial 
person. Court, in term time, or any one or more Judges thereof, 

in the vacation, from bailing any person wherever and for 
whatever offence committed, at their discretion, whenever 
the circumstances of the case shall appear to require it ; 
— persons committed by the Governor and Council, Sen- 
ate, or House of Representatives, agreeable to, and for 
the causes mentioned in the constitution, always excepted. 
And be it further enacted by the authority aforesaid, 
sinto'whomtiie That when any person shall bring and offer such writ of 
writ is directed, Habeas Corpus to the officer or person to whom the same 

ordered to re- 

ceive the same; shall be directed, he shall receive the same; and upon 
ment Extender payment or tender of such charges for bringing the com- 
haviThf body of plainant from the place of imprisonment, as the Court or 
befor'e'tn'e court Judge w h° grants the writ shall order, if the person corn- 
er jndge award, plaining be confined in a common goal, or under the cus- 
within a fixed tody of an officer, otherwise, without such payment or 
tender, to the place mentioned in the writ, such officer or 
person shall have the body of the complainant before the 
Court or Judge awarding the writ, (unless committed 
and detained for some one or more of the causes afore- 
said) at the place therein mentioned, within three days, 
if within twenty miles from the place of imprisonment ; 
if more than twenty, but within one hundred miles, then 
within ten days ; if above one hundred miles, then within 
twenty days after the receipt thereof; and shall then 
return the same, and certify thereon the true and all the 
cause or causes of his or her taking and detaining. 

And he it further enacted, by the authority aforesaid , 
wiit 8 awarded That if after the awarding such writ by any Judge of the 

by any Judge in . & J J "^fe^ "* 

the vacation, not said Supreme Judicial Court, in the vacation, but before 
the sitting of the the return thereof the said Court shall sit in any county, 
muraedf&c'.by the said writ, with the body of the complainant, and 
theJudge. causes of taking and detaining, may be returned, had 



1784. — Chapter 72. 181 

and certified to the .said Court by the Judge who awarded 
the same : But if after awarding such writ by the said 
Court, in term time, but before the return thereof the 
said Court shall rise, or be adjourned, the same, with the 
body of the complainant, and causes of taking and 
detaining, shall be returned, had and certified before; 
some Judge of the said Supreme Judicial Court. 

And be it further enacted by the authority aforesaid, 
That when any person shall be brought, by writ of habeas Persons brought 
corpus as aforesaid, before the said Court, or any Judge oran™judge!by 
thereof, such Court or Judge shall, within three days ^r^^ha" 
after, proceed to examine the said causes ; and if com- j£ai?be had 
mitted for an offence or cause bailable by law, they shall 
bail him by recognizing him w T ith sufficient surety or sure- 
ties in a reasonable sum, having regard to his quality and 
circumstances, and the nature of the offence, to appear at 
such Court as shall have cognizance of the offence ; and 
shall certify the recognizance into such Court, if com- 
mitted upon mesne process in any civil action for want of 
bail, and the bail required shall appear excessive, it shall 
1)0 ascertained what bail is reasonable, and he shall be 
discharged on giving the same : But if it shall appear 
that the complainant is imprisoned or restrained without 
due order of law, or sufficient cause, he shall be dis- 
charged from such commitment or restraint. 

And be it further enacted, That if any officer, in whose penalty when 
custody any prisoner shall be, shall not, within six hours ^atliier &t % ' 
after demand made, deliver such prisoner a true copy of [JX^rTcopyof 
the warrant or process by which he stands committed, the warrant. 
such officer shall forfeit, to the party grieved, the sum of 
Fifty pounds. 

And be it further enacted, That if any officer or person, officers or P er- 
to whom any writ of Habeas Corpus shall be directed, ^rlts ^al™ 
shall refuse to receive the same, or, after receipt thereof, to C „cei V r ethe In8 
shall refuse or neglect to yield such obedience thereto as same or yield 

O «/ ObGUlCDCG. 

this act requires, (the complainant performing the condi- 
tions required) unless prevented by the sickness of the 
prisoner, or other necessity, he, for such refusal or neg- 
lect, in each and every particular, shall forfeit, to the Penalty. 
party grieved, the sum of One hundred pounds ; and for 
any false return to such writ, shall be further liable to the 
action of the party. 

And it is further enacted. That the Court or Judge court orjudge 
respectively may further punish every disobedience to punish disobe- 



182 



1784. — Chapter 72. 



dience as for a 
contempt. 



Prisoners shall' 
not be delivered 
from one officer 
to another, nor 
be removed 
from one coun- 
ty to another, 
unless by ha- 
beas corpus, &c. 



Persons trans- 
porting any 
subject of this 
Commonwealth 
to any place 
without the 
limits of the 
same, without 
his consent. 



Punishment. 



Masters of ves- 
sels carrying 
out of this 
government any 
person under 
the age of 21 
years. 



such writs as for a contempt, and compel obedience 
thereto, by process of attachment. 

And in order to prevent any attempt* that might be 
made to deprive any prisoner of tJie benefit of his Habeas 
Corpus, by shifting the custody of such prisoner from one 
prison or officer to another, or sending him away; 

Be it enacted by the authority aforesaid, That every 
person, duly ordered to be committed for any criminal or 
supposed criminal matter, shall be carried, as soon as 
may be, and confined in some common goal, and not else- 
where, (except persons sent to the work house or house 
of correction for due cause) and shall not be delivered 
from one officer to another, except for the more easy 
and speedy conveyance of the prisoner to such goal 
nor be removed, without his consent, from one county 
to another, unless by Habeas Corpus, or some other 
legal writ, under the penalty of forfeiting, for every 
offence, to the party grieved, the sum of One hundred 
pounds. 

And be it further enacted, That if any person shall 
transport, or carry, or cause to be transported or carried, 
any subject of this Commonwealth, or other person law- 
fully residing and inhabiting therein, to any part or place 
without the limits of the same, by land or water, without 
his consent or voluntary agreement ; or in order to 
remove such person from one part of the state to another 
part of the same, except for the purpose of defending the 
same in time of war, agreeable to the constitution, or 
except such person be sent by due course of law, to 
answer for some criminal offence committed in some other 
of the United States of America, every person so offend- 
ing, and every person aiding and abetting the same, 
being duly convicted thereof before the Supreme Judicial 
Court, shall be punished by fine not exceeding Fire hun- 
dred pounds, by whipping not exceeding thirty-nine 
stripes, and imprisonment not exceeding two years, or 
any one or more of those punishments, at the discretion 
of the said Court, and be further liable to the action of 
the party grieved. 

And be it further enacted by the authority aforesaid, 
That every master or commander of any outward bound 
ship or vessel thai shall hereafter carry or transport out 
of this government, any person under the age of twenty- 
one years, or any apprentice, or any indented servant, to 



1784. — Chapter 72. 183 

any parts beyond sea, without the consent of his parents, 
master, or guardian, shall forfeit and pay the sum of Fifty Penalty. 
pounds; one moiety to the use of this government, and 
the other moiety to him or them that shall sue for the 
same ; and be further liable for the damages sustained by 
the parent, master, or guardian, in a special action of the 
case. 

And be it further enacted by the authority aforesaid, 
That no person enlarged by Habeas Corpus shall be again Nopersonen- 
imprisoned or restrained of his liberty for the same cause, telfcorpusr 
unless he shall be indicted therefor, or convicted thereof, fmpritonedfor 
or shall neglect to find bail when ordered thereunto by the same cause, 

O < J unless indicted 

some court of record. Provided, that no penalty estab- therefor, &c. 
lished by this act shall be construed to bar any action at 
common law for false imprisonment or unlawful restraint. 
And when any person shall be unlawfully carried out of 
the government, or imprisoned in a secret place, any 
other person shall be permitted to appear for him in any 
action brought in his name ; provided such person shall 
stipulate for the payment of costs, as the Court shall 
direct. 

And be it further enacted, That any person who shall be Any person 

ii-i- • • • /> i ... ! held in prison 

held in prison upon suspicion ot having committed a upon suspicion 
crime for which he may have sentence of death passed mutedacapiui 
upon him, shall be bailed or discharged, if he is not £^d or dis-^ 
indicted at the second term of the setting of the Supreme charged, if Dot 
Judicial Court in the county where the crime is alleged second term. 
to have been committed, when there are two terms a year 
in such county : And in such counties as have but one 
Supreme Judicial Court in a year, the defendant shall be 
bailed or discharged, if he is not indicted at the first 
term ; provided such person shall have been held in 
prison for the space of six months next preceding the day 
of the Court's setting. And when any person shall be Persons held in 
held in prison under indictment, he shall be tried or dfctmlnt! shall " 
bailed at the first term next after his indictment, if he baue^at'the 
demands the same, unless it shall appear to the Court f,|'*|. ^™|; Md 
that the witnesses, on behalf of the government, have the same. 
either been enticed away, or are detained by some inevi- 
table accident from attending. And all persons under 
indictment for felony, shall be bailed or tried at the 
second term after the bill shall be returned, if they 
demand it. March 16, 1785. 



184 1784. — Chapters 73, 74. 

1784. — Chapter 73. 

[January Session, ch. 40.] 

Chap 73 AN ACT IN ADDITION T0 A N ACT, ENTITLED, " AN ACT EMPOW- 

1 ' BRING THE DELEGATES OF THIS COMMONWEALTH, IN THE 

UNITED STATES IN CONGRESS ASSEMBLED, TO RELINQUISH 

TO THE UNITED STATES CERTAIN LANDS, THE PROPERTY 

OF THIS COMMONWEALTH." 

Whereas by the act aforesaid, three delegates represent- 
ing this State in Congress, are necessary to make the ces- 
sion aforesaid, and it may be necessary that the said 
business should be performed by a less number of the said 
delegates : 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of (he same, That any two delegates repre- 
senting this Commonwealth in Congress, be, and hereby 
are, authorized and empowered to do and perform all mat- 
ters and things which by the act aforesaid might be done 
and performed by any three delegates as aforesaid, any 
thing in the aforesaid act notwithstanding. 

March 17, 1785. 

1784. — Chapter 74. 

[January Session, ch. 41.] 

C/iaP 74 AN ACT F0R DI VIDING THE TOWN OF GRANVILLE INTO THREE 
1 ' SEPARATE PARISHES. 

Preamble. Whereas for the convenience of attending the public 

worship of God, it is found necessary to divide the town 
of Granville into three separate parishes; and, the inhabi- 
tants thereof having applied to this Court for that purpose : 
Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, That the said town of Granville be, and is, 
hereby divided into three separate parishes, by the sev- 
eral names of the East, Middle and West Parish of Gran- 
Line between ville, by the following lines, viz. : The lines between the 
middle parish. East and Middle Parish to begin at Hartland line, at the 
brook called Great Valley Brook, to run northwardly by 
the said brook to the great valley bridge ; then from the 
said bridge northwardly, to a bridge over the said brook, 
on the north road, so called; from thence to the south- 



1784. — Chapter 74. 185 

east corner of John Webb's land ; thence on the said 
Webb's line to Blanford line. The line between the Middle Line between 
and West Parish to begin at the dividing line between west parish. 
Hariland and Granville, at the centre between the road 
which leads from Colonel Robinson's to Hariland meeting 
house, and that which leads from Moses Golf's to the 
said Hariland meeting house ; from thence running north- 
wardly a straight line, to the middle of the bridge over 
Hubbard's River, on the county road ; from thence run- 
ning northwardly to Blanford line, in a centre line 
between the two roads, viz. : one leading from Timothy 
Robinson 1 s to Thomas Moore's, the other leading from 
Samuel Hall's to Loudon. 

Be it further enacted, That the meeting house, ministry what lands, &c. 
lands, and the rents due for use of the said lands lying in the east parish. 
the East Parish in the said Granville, shall belong to and 
be for the use and benefit of the said parish. 

A nd be it further enacted, That all the lands given by whatshaiibe- 
the proprietors for the support of the gospel for the West v ^h. 
Parish, shall belong to and be for the use and benefit of 
the said AVest Parish, together with all the proceeds of the 
sale of the said lands, or any other monies or securities 
for money that may have been given to the inhabitants of 
the said parish. 

And be it further enacted by the authority aforesaid, 
That the several parishes aforesaid be, and hereby are, Parishes in- 
respectively invested with all the powers, rights, privi- powers? 1 
leges and immunities, which other parishes in this Com- 
monwealth are invested with. 

And be it further enacted by the authority aforesaid, 
That Oliver Phelps, Esq ; be, and is, hereby authorized g5JJ r t *58PI' 
and empowered to issue his warrant to some principal meeting in each 
inhabitant of each of the said parishes, requiring 
them to notify and warn the inhabitants of the said 
parishes to which they respectively belong, to meet at 
such time and place in each of the said parishes, as 
by the said warrants shall be duly specified, and then 
and there cliuse such officers as may be necessary to 
manage the affairs of the said parishes respectively. 
And the inhabitants qualified by law to vote being so 
assembled, shall be and are hereby empowered to chuse 
officers in their respective parishes accordingly. 

March 17, 1785. 



186 



1784. — Chapteu 75. 



Instruments 
dutiecl. 



1784. — Chapter 75. 

[January Session, ch. 42.] 

Chap. 75 AN ACT IMPOSING DUTIES ON LICENCED VELLUM, PARCHMENT 
1 ' AND PAPER. 

Preamble. Whereas, in consequence of the late war, a considerable 

debt has arisen upon this Commonwealth; and it is an 
object whicli demands the whole attention of the Legislature, 
to devise ways and means for discharging the same, which, 
in operation, will be the least burthensome to the people. 
And whereas considerable sums of name// may easily be 
collected from licenced vellum, parchment and paper: 

Be it therefore enacted by the Senate and, House of Rep- 
resentatives in General Court assembled, and by the 
authority of the same, That there shall be, throughout 
this Commonwealth, raised, levied, collected and paid, 
for the several and respective things hereinafter men- 
tioned, which shall be engrossed, printed or written, the 
several and respective rates, duties, charges and sums of 
money, hereinafter expressed, in manner following, that 
is to say, 

For every deed, conveying real estate, whether the 
same be for years, or any greater estate, one shilling. 

For every bond, other than such as shall be made pay- 
able to Judges of Probate, one shilling. 

For every charter party, one shilling. 

For every promissory note of hand, whereby the value 
of Six pounds, or a greater sum, shall be promised to be 
paid, three pence. 

For every original writ, issuing from the office of a 
Clerk of Common Pleas, sixpence. 

For every original writ, issuing from a Justice of the 
Peace, three pence. 

For every writ of execution, issued by the Clerks of 
the Supreme Judicial Court, nine pence. 

For every writ of execution, issued by a Clerk of the 
Court of Common Pleas, sixpence. 

For every writ of execution, issued by a Justice of the 
Peace, fmr ye nee. 

For every policy of insurance, one shilling. 

For every newspaper, two-thirds of a penny. 

For every almanack, one penny. 

For every bill of lading, one penny. 

For every register for vessels, one shilling. 



1784. — Chapter 75. 187 

For every foreign clearance, nine pence. 

For every clearance of any vessel not wholly owned by 
any citizen or citizens of this or any other of the United 
States, twelve shillings. 

For every certificate certifying the admittance of any 
person to practice as an Attorney in a Court of Common 
Pleas, Six pounds. 

For every certificate of the admittance of a person to 
practice as an Attorney in the Supreme Judicial Court, 
the sum of Nine pounds. 

And no person not already admitted to practice as 
aforesaid, shall do the business of an Attorney in either 
of the Courts aforesaid, until he hath obtained a certificate 
of his admittance, and actually paid the duty above 
imposed. 

For every certificate of the admittance of any person 
to the degree of a Barrister at Law, Twelve pounds. 

And no person not already admitted thereto, shall 
hereafter enjoy the degree and rank of a Barrister at 
Law, until he hath obtained a certificate of his being- 
admitted as aforesaid, and hath actually paid the said 
duty. 

Provided always. That nothing in the foregoing para- 
graphs shall be construed to extend to the preventing any 
person from exercising the right he has of defending him- 
self, or supporting his own cause by himself, or his counsel 
at his election. 

Be it enacted by the authority aforesaid, That for the Tobeunderthe 
better and more effectually levying and collecting the fhJsTcrelary of 
said several duties hereby made payable on the before- wealth™" 10 "' 
mentioned instruments and writings, the same shall be 
under the government and care of the Secretary of the 
Commonweath for the time being ; who is hereby 
required and empowered to employ the necessary officers 
under him for that purpose ; and to cause all such stamps 
to be provided, to denote the duties abovementioned, as 
shall be requisite ; and to do all other things necessary to 
be done by them, for the putting this act in due execu- 
tion, with relation to those duties. 

Be it further enacted by the authority aforesaid, That d/y^/juiy' 81 
all vellum, parchment and paper, upon which any of the next, aiiveiium, 
aforesaid instruments or things shall, from and after the suchinstru- 

fi,^ /. t 7 , , t • j l • i L meuts shall be 

rst day of July next, be engrossed, printed or written, engrossed, 

shall, before such engrossing, printing or writing, be wruten.'snaiibe 



188 



1784. — Chapter 75. 



brought to the 
Commissioner's 
office, to be 
stamped or 
marked. 



Persons en- 
grossing, print- 
ing or writing 
such instru- 
ments, before 
the vellum, 
&c. is stamped. 



Forfeit. 



Officers cm- 
ployed in the 
execution of this 
act offending 
herein. 



Penalty. 



No instrument 
op'thing written, 
printed or en- 
grossed, not 
duly stamped, 
shall be availa- 
ble in law, un- 
less as well the 
duties as the 
sum of 4s. shall 
be lirst paid, 
and the instru- 
ment stamped. 



brought to the office of the Commissioner aforesaid ; and 
they, by themselves, or by their officers employed under 
them, are hereby empowered and required forthwith, 
upon demand to them made by any person or persons, 
from time to time, to stamp or mark, as this act directs, 
any quantities of vellum, parchment or paper; he or they 
paying the respective duties payable for the same by this 
act, without any other fee or reward, and without delay : 
Which stamp or mark, to be put thereupon in pursuance 
of this act, shall be a sufficient discharge for the several 
and respective duties hereby made payable for such 
vellum, parchment, or paper, which shall be stamped or 
marked. 

Be it further enacted by the authority aforesaid, That 
if any person or persons shall, from and after the first 
day of July next, engross, print, or write, or cause to be 
engrossed, printed, or written, any of the instruments or 
things abovementioned, or sign any one of them before 
the vellum, parchment or paper shall appear to have 
been duly stamped, he or they so offending shall, for 
every such offence, forfeit the sum of Three pounds, with 
full costs of suit. And any officer, employed in the exe- 
cution of this act, offending herein, and being convicted 
of any such offence, shall (over and besides the forfeiture 
and penalty aforesaid) forfeit and lose his office and 
employment, and be incapable to hold the same after 
such conviction. And that if any of the instruments or 
things shall, during the continuance of this act, be written, 
printed, or engrossed, contrary to the true intent and 
meaning hereof, upon vellum, parchment, or paper, not 
appearing to have been duly stamped according to law, 
that then, and in every such case, there shall be due, 
answered and paid, over and above the duties hereby due 
or payable, for every such instrument or thing respec- 
tively, the sum of four shillings; and that no such instru- 
ment or thing beforementioned shall be available in law, 
or be given in evidence, or admitted in any Court of 
law, unless, as well the said duties hereby charged, as the 
said four shillings, shall be first paid, and a receipt pro- 
duced for the same, under the hand of one of the receivers 
of the said duties, and until the vellum, parchment, or 
paper, on which such instrument or thing is so written, 
engrossed, or printed, shall be so marked and stamped, 

And 



according to the tenoi 



and true meaning hereof. 



1784. — Chai>tetc 75. 189 

the receiver of the aforesaid duties is hereby enjoined and 
required, upon payment or tender of the said duties paya- 
ble by virtue hereof, and of the said sum of four shillings, 
to give a receipt for such money : And the officer or 
officers, appointed by this act for that purpose, are there- 
upon required to mark and stamp such instrument or 
thing with the marks and stamps requisite in that behalf. 

Be it further enacted by the authority aforesaid, That Receivers duly 

ii i i- m l l n e j.- a. j.- l • authorized, muy 

all public officers who shall trom time to time have in inspectaii pui>- 
their custody any public books, tiles, records, or proceed- &o. that rnay "' 
ings, the light or knowledge whereof may tend to the ^curing of the 
securing of the aforesaid stamp duties, or to the proof or ^cov.'I^'oT'' 1 
discovery of any fraud or omission in relation thereto, or fraud > &c - 
to any of them, shall at any seasonable time or times 
permit any receiver, being thereunto authorized by any 
Justice of the Peace for that purpose, to inspect and 
view all such books, tiles, records or proceedings as 
aforesaid, and to take thereout such notes and memoran- 
dums as shall be necessary for the purposes last mentioned, 
without fee or reward, upon pain that such clerk or other 
officer or officers who shall refuse or neglect so to do, 
upon reasonable request in that behalf made, shall for 
every such refusal or neglect, forfeit the sum of two hun- 
dred pound*, with full costs of suit. 

And be it further enacted by the authority aforesaid, That officers man- 

*-*«/ nt'iim or f*olloct * 

every officer who shall act in or about the managing or in g the duties, 
collecting the aforesaid duties, shall before he enters upon 
the duties of his office, take the following oath, that is to 
say, 

I, A. B. do swear, that I will faithfully execute the Form of the 
trust reposed in me, pursuant to an act, entitled, " An oat " 
act imposing duties on licenced vellum, parchment and 
paper," without fraud or concealment, and will from time 
to time true account make, of my doings therein, and 
deliver the same to such person as shall be appointed to 
receive such account, and shall take no fee, reward or 
profit, for the execution or performance of the said trust, 
or the business relating thereto, from any person or per- 
sons, other than such as shall be by law allowed. 

So help me GOD. 

Be it further enacted by the authority aforesaid, That Sf S^dutyf" 
no fee or reward shall be demanded or taken by any whereby dam- 
officer relating to the said stamp duties, for any matter tained, liable to 



190 



1784. — Chapter 75. 



Duties to be 
paid into the 
treasury 
monthly. 



When stamps 
are altered or 
renewed, per- 
sons who have 
in their posses- 
sion any vellum, 
&c. marked 
with the stamp 
so altered, may 
exchange the 
same for the 
like quantity 
newly stamped. 



In case any per- 
son neglects, 
the same de- 
clared to be of 
no other use 
than if it had 

never been 

stamped. 



or thing to be done in pursuance of this act ; and in case 
any officer entrusted with the execution of this act, in 
relation to the said stamp duties, shall refuse or neglect 
to perform any matter or thing by this act required to be 
done or performed by him whereby any person or persons 
shall or may sustain any damage whatsoever, such officer 
so offending shall be liable, by any action to be founded 
upon this statute, to answer to the party grieved all such 
damages, with treble costs of suit. 

Be it further enacted by the authority aforesaid, That 
the aforesaid duties shall be all paid into the hands of the 
Treasurer of this Commonwealth monthly, who shall keep 
a separate and distinct account thereof. 

Provided always, and be it further enacted, That as 
often as it shall be thought necessary to alter or renew 
the said marks or stamps, to be provided or used in pur- 
suance of this act, or any of them, it shall be lawful for 
all persons who shall at that time have in their custody or 
possession any vellum, parchment or paper, marked with 
the stamp or stamps which shall be altered or renewed, 
and upon which none of the matters or things hereby 
charged shall be engrossed, written or printed, at any 
time within the space of fifty days after such intention of 
renewing or altering shall be made known, to bring or 
send such vellum, parchment or paper to such officer or 
officers as shall be appointed in that behalf; and the said 
officer or officers respectively are hereby required to 
deliver, or cause to be delivered to the several persons 
who shall so bring and deliver any quantity of vellum, 
parchment or paper, and as good in quality, stamped with 
new stamps, without demanding or taking directly or 
indirectly for the same, any sum of money or considera- 
tion whatsoever, under the penalty of forfeiting for every 
such offence One hundred pounds, to be sued for, recov- 
ered and divided in such manner as is hereinafter pro- 
vided and directed ; and in case any person shall neglect 
or refuse within the time aforesaid, to bring or cause to 
be brought and delivered to the said officer or officers as 
aforesaid, any such vellum, parchment or paper, the same 
is hereby declared to be of no other effect or use than if 
it had never been stamped ; and that all matters or things 
charged with the aforesaid duties, which shall after that 
time be engrossed, printed or written thereon, shall be 
of no other effect than if they had been engrossed, printed 



1784. — Chapter 75. 191 

or written on vellum, parchment or paper, not marked or 
stamped at all ; and all persons who shall engross, print 
or write any of the matters or things hereby charged on 
such vellum, parchment or paper, after the said time, 
shall forfeit and sutler as hereinbefore is enacted for per- 
sons writing, printing or engrossing on vellum, parch- 
ment or paper not marked or stamped; provided always, Proviso. 
That the intention of altering the marks or stamps be 
made known at least fifty days before the said alteration 
take effect. 

Be it farther enacted by the authority aforesaid. That f e ,™nj a f ny 
if any person or persons whatsoever shall at any time or stamp or mark 

!/•/••/• i used in pursu- 

tunes hereatter, counterfeit or forge any stamp or mark, ance of tins act. 
to resemble any stamp or mark which shall be provided, 
made or used in pursuance of this act, or shall counterfeit 
or resemble the impression of the same, upon vellum, 
parchment or paper, thereby to deprive this Common- 
wealth of any of the said duties on vellum, parchment or 
paper; or shall utter, vend or sell any vellum, parchment 
or paper, with such counterfeit mark or stamp thereupon, 
knowing such mark or stamp to be counterfeit ; or if any 
person whatsoever shall privately and fraudulently use 
any stamp provided or used, or to be provided or used 
in pursuance of this act, so as thereby to defraud this 
Commonwealth of the duties aforesaid, then every such 
person so offending, and being thereof convicted in due 
form of law, shall for every such offence forfeit the sum of 
One thousand pounds, with treble costs of suit, or be pun- 
ished by whipping, not exceeding thirty-nine stripes, or 
by imprisonment, not exceeding one year, or by sitting 
in the pillory, or be subject to any or all the aforesaid 
punishments, at the discretion of the Court before whom 
the conviction shall be had. 

Be it further enacted by the authority aforesaid, That secretary to 
the Secretary of the Commonwealth be, and hereby is, the several parts 

• i i /» ,i t' • t I of the Common- 

appOinted for the purpose of providing proper marks or we aith be sup- 
stamps, and to take care that the several parts of the Btampldveiium, 
Commonwealth be sufficiently furnished with vellum, &c - 
parchment or paper, stamped and marked as aforesaid, 
so as the citizens thereof may have it in their election to 
buy the same of the officer or persons to be employed by 
the said commissioner, at the usual and most common 
rates above the said duties, or to bring their own vellum, 
parchment or paper to be stamped as aforesaid, or to 



192 1784. — Chapter 75. 

furnish themselves or others that shall have done the 
same. 
Penalties, how jj e it f art her enacted by the authority aforesaid, That 
all penalties hereby imposed, relating to the said duties 
upon stamped vellum, parchment, or paper, shall be the 
one moiety thereof, to the use of this Commonwealth, and 
the other moiety thereof, with full costs of suit, to such 
person or persons as shall inform and sue for the same, 
in any Court within this Commonwealth, by action of debt, 
information or indictment. March ls\ 17S5. 



RESOLVES 



MASSACHUSETTS. 



1784. 



RESOLVES 

OF THE 

GENERAL COURT 

OF THE 

Commonwealth of Massachusetts, 

IN NEW-ENGLAND: 

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUFFOLK, 

ON WEDNESDAY, THE TWENTY-SFXTH DAY OF 

MAY, ANNO DOMINI 1784. 



BOSTON : 
PRINTED BY ADAMS AND NOURSE, 

Printers to the Honorable General Court. 

M,l)CC,LXXXIV. 

Reprinted by Wright & Potter Printing Company, State Printers. 



RESOLVES 



GENERAL COURT OF THE COMMONWEALTH 
OF MASSACHUSETTS: 

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUF- 
FOLK, ON WEDNESDAY THE TWENTY-SIXTH DAY OF 
MAY, ANNO DOMINI 1784. 



1784. — May Session. 

His Excellency JOHN HANCOCK, Esq ; 

Governor. 

. His Honor THOMAS CUSHING, Esq; 
Lieutenant-Governor. 

COUNCELLORS. 

Honorable Jeremiah Powell, Honorable Nathan Cushing, 
Moses Gill, James Prescott, 

Walter Spooner, Jonathan Greenleaf, 

Timothy Danielson, Samuel Holton, 

Benjamin Chadbourne, Esquires. 

The following are the names of the Gentlemen who compose the two 
Branches of the GENERAL COURT, viz. 

SENATORS. 
Hon. SAMUEL ADAMS, Esq; President. 
County of Suffolk. County of Essex — Con. 

Hon. Samuel Adams, Hon. Aaron Wood, 

Jabez Fisher, Tristram Dalton, Esquires. 

Cotton Tufts, 

William Heath, County of Middlesex. 

John Lowell, Esquires. 

Hon. Josiah Stone, 
County of Essex. Abraham Fuller, 

Hon. Stephen Choate, Eleazer Brooks, 

Samuel Phillips, jun. Ebenezer Bridge, Esquires. 



198 



1784. —May Session. 



SENATORS — Concluded. 



County of Hampshire. 

Hon. John Bliss, 

John Hastings, 

Caleb Strong, Esquires. 

County of Plymouth. 

Hon. Charles Turner, 

Hugh Orr, Esquires. 

County of Barnstable. 

Hon. Solomon Freeman, Esq. 

County of Bristol. 

Hon. Thomas Durfee, 

Elisha May, Esquires. 

County of York. 
Hon. Nathaniel Wells, Esq. 



County of Dukes County and 
Nantucket. 

Hon. Beriah Norton, Esq. 

County of Worcester. 

Hon. Samuel Baker, 
Seth Washburne, 
Israel Nichols, 
Jonathan Warner, Esquires. 

County of Cumberland. 
Hon. John Lewis, Esq. 

County of Lincoln. 
Hon. William Lithgow, jun. Esq. 

County of Berkshire. 

Hon. Jahleel Woodbridge, 

Theodore Sedgwick, Esq 1 rs. 



MEMBERS OF THE HOUSE OF REPRESENTATIVES. 
Hon. SAMUEL A. OTIS, Esq; Speaker. 



For the County of Sueeolk. 

(Hon. William Phillips, Esq. 

Hon Caleb Davis, Esq. 
§ | Hon. Samuel A. Otis, Esq. 
g \ Thomas Dawes, Esq. 
© John Rowe, Esq. 
I " H Hon. James Sullivan, Esq. 

Samuel Breck, Esq. 
Roxbury, Mr. Thomas Clarke. 
Dorchester, James Swan, Esq. 
Milton. Edward II Robbins, Esq. 
Braintree, Col Ebenezer Thayer, 

jun. 
Weymouth, Nathaniel Bayley, Esq. 
Hi '//(/ham, Col. Charles Cushing. 
Cohasset, Thomas Lathrop, Esq 
Dedham, Mr. Nathaniel Kingsbury. 
Medfield, Daniel Perry, Esq 
Stoughton, < 'apt. James Endicott. 
Sharon. 
Bellingham. 

Medway, Capt. Joseph Lovell. 
Wrentham, Capt. Oliver Pond. 
Brookline, Mr. John Goddard. 
Needham. 

Walpole, Major Seth Bullard. 
Chelsea. 
Hull. 

Franklin, Mr. Samuel Lethbridge. 
Foxborouyh, Mr. John Everett. 



County of Essex. 
Salem, William Vans, Esq. 
Nathan Goodale, Esq. 
.Mr. Samuel Page. 
Mr. Miles Greenwood. 
Danvers, Mr. Gideon Putnam. 
Ipswich, Dr. John Manning. 

John Patch, Esq. 
Ncicbury, Ebenezer March, Esq. 

Mr. Joshua Ordway, 
Newburyport, Hon. Tristram Dal- 
ton, Esq. 
Rufus King, Esq. 
Marblchead, Samuel Sewall, Esq. 
Capt. Nathaniel Lind?- 
sey 
Lynn, and Lynnfield, Mr. John 
Carnes. 
Andover, Hon. Samuel Osgood, 

Esq. 
Beverly, Mr. Nathan Dane. 
Rowley, ('apt. Thomas Mighill. 
Salisbury, Benjamin Evans, Esq. 
Haverhill, Samuel White, Esq. 
Gloucester, Col Joseph Foster. 
Topsfield, Mr Abraham Ilobbs. 
Amesbury, Air John Barnard. 
Bradford, Daniel Thurston, Esq. 
Mdlmen. 
Boxford, Capt. Isaac Adams. 



1784. — May Session. 



199 



BEPRESENTA Tl YES— Continued. 



County of Essex — Con. 

Wenham. 
Manchester. 

Middleton. 

County of Middlesex. 

Cambi-idge, Samuel Thatcher, Esq. 

Gharlestown. 

W'tih rtown, William Hunt, Esq. 

Woburn, Samuel Wyman, Esq. 

Concord, Hon. Joseph Hosmer, Esq, 

Newton, Mr. Thomas Parker. 

Reading, James Bancroft, Esq. 

Marlborough, Mr. Winslow Brig- 
ham. 

Billerica, Major Edward Farmer. 

Framingham, Mr. William Brown. 

Lexington, Benjamin Brown, Esq. 

Chelmsford, Mr. Aaron Chamber- 
lain. 

Sherburne, Daniel Whitney, Esq. 

Sudbury, William Rice, Esq. 

Maiden, Ezra Sargent, Esq. 

Weston, Capt. Isaac Jones. 

Medfqrd, Mr Aaron Hall. 

Hopkinton, Capt Walter M'Far- 
land 

Westford, Mr Francis Laighton. 

Waltham, Mr Abner Sanderson. 

Stow. 

Grolon, Dr. Benjamin Morse. 

Shirley. 

Pepperell. 

Townshend, Mr. William Ilobart. 

Dracutt, Capt. Joseph Bradley 

r, , • , Varnum. 
Bt aford. 

Holliston, Capt Staples Chamber- 

Act ) ^ xm ' 

n ,.\ > Francis Faulkner, Esq. 

Carlisle, $ ' l 

Dunstable, Mr. Joseph Danforth. 

Lincoln. 

Wilmington. 

Tewksbury. 

Littleton, Mr. Jonathan Patch. 

Ashby. 

Stoneham. 

Natick. 

East Sudbury, John Noyes,Esq. 

County of Hampshire. 

Springfield, Mr Thomas Dwight. 
West Springfield, Abraham Bur- 
bank, Esq. 
Justin Ely,Esq. 



County of Hampshire — Con. 

Wilbraham, Capt. Phinehas Steb- 

bins. 
Northampton. 
South Hadley. 
Amherst, Capt. Eli Parker. 
Granby, Mr. Benjamin Eastman. 
Hatfield, Hon. John Hastings, Esq. 
Whateley. 

Williamsburg, Mr. William Bod- 
man. 
Weslfield, John Ingersol, Esq. 
Mr. Samuel Fowler. 
Deerfield. 
Conway. 
Sunderland. 
Brimfield. 
South Brimfield. 

New Salem, Capt. Jacob Sampson. 
Ashfield, Capt. Elisha Grenson. 
Worthington, Mr. Jonathan Brew- 
ster. 
Chesterfield. 

Chesterfield Gore. 

Suffield. 

Monson. 

Pelham, Mr Thomas Johnson. 

Hadley, Capt. Oliver Smith. 

Palmer, Capt. David Spear. 

Montague 

Northfield, Mr. Aaron Whitney. 

Belchertown, Mr Joseph Smith. 

Colrain, Hugh M'Clallen, Esq. 

Charlemont. 

Shelburne, Mr. Benjamin Nash. 

Southwick, Dr. Isaac Coit. 

Granville, Oliver Phelps, Esq. 

Greenfield, David Smead, Esq. 

Greenwich, Mr. Caleb West. 

SomM Hampton, Mr Jonathan 

Clark. 
Waru-irh, Mr. James Ball. 
Blanford. 
Ware. 
I.i verett. 
Chester. 
Bernardston. 

Shutesbury, Mr. John Powers, jun. 
Erring shire. 
Enfichl. 
Sorners. 
Ludlow. 
Norwich. 
West Hampton. 
Merryfield. 



200 



1784. — May Session. 



REPRESENTATIVES— Continued. 



County of Hampshire — Con. 

Buckland, Samuel Taylor, Esq. 
Cummington, Mr. Ebenezer Snell. 
Long Meadow, Mr. Nathaniel Ely, 
jun. 

County of Plymouth. 
Plymouth, Joshua Thomas, Esq. 

Mr. Thomas Davis, jun. 
Sciluate, Israel Vinai, Esq. 
Duxborough.Mv . Zedekiah Sanger. 
Marshfield, Samuel Oakman, Esq. 
Bridgeirater, Capt Nathan Mitchel. 
Middleborough, Mr. Isaac Thomson. 
Mr. Zebedee Sprout. 
Rochester, Col. Ebenezer White. 
Plimpton, Capt. Francis Shurtliff. 
Pembroke, Capt. John Turner. 
Kingston, Capt. Ebenezer Wash- 
burn . 
Abington, Mr. Samuel Brown. 
Hanover, Mr. Melzar Curtis. 
Halifax, Ebenezer Thompson, Esq. 
Wareham, Capt. David Nye. 

County of Barnstable. 

Barnstable, Nymphas Marston, Esq. 
Shearjashub Bourne, 
Esq. 
Sand wich, Joseph Nye, Esq. 
) (innouth, David Thatcher, Esq. 
Eastham. 

Harwich, Capt. Kimbal Clark. 
Wellfleet. 
Falmouth. 
Truro. 
I 'hat ham. 
Province Town. 

County of Bristol. 

Taunton, Job Smith, Esq. 

George Godfrey, Esq. 
Rehoboth, Stephen Bullock, Esq. 
Swanzey, Colonel Simeon Potter. 
Dartmouth, Capt. William Clag- 

ham. 
Norton, Capt. Israel Trow. 
Atlleborough, Elisha May, Esq. 
Dighton, Mr. Thomas Bailies Rich- 
mond 
Freetown, Capt Levi Bounsevoll. 
Rainham, Capt. Noah Hall. 
Easton. 

Mansfield, Capt. John Pratt. 
Berkley, Samuel Tobey, Esq. 



County of York. 

York, Col Edward Grow. 

Kittery, Mr. Joshua Hubbard. 

Wells, Capt Joshua Bragdon. 

Berwick, John Hill, Esq. 

Arundell. 

Biddeford,Ca\)t. Benjamin Hooper. 

Pepperellborough, Mr. Paul Jun- 

kins. 
Buxton. 

Lebanon, Mr. Joshua Pray. 
Sanford. 
Fryeburg. 
Coxhall. 
Massabeseck. 
Limerick. 
Brownfield. 
Little Falls. 

County of Dukes County. 

Edgarton. 

Chilmark, Mr. Benjamin Basset. 

Tisbury, Shubel Cottle, Esq. 

County of Nantucket. 

Sherburne, Alexander Coffin, Esq. 
Mr Peleg Coffin, jun. 
Mr Stephen Paddock. 

County of Worcester. 

Worcester, Samuel Curtis, Esq. • 

Lancaster. 

Woodstock. 

Mendon, Capt. Peter Penniman. 

Brook fidd, Capt. Benjamin Rice. 

Oxford, Capt Jeremiah Learned. 

Charlton, Mr Ebenezer Davis. 

Sutton, Amos Singletary, Esq. 

Leceister, no choice. 

Spencer, Mr. Isaac Jenkes. 

Rutland, John Fessenden, Esq. 

Oakham. 

Hubbardslon. 

New Brainlree, Maj. Joseph Bow- 

_, 7 man. 

Southborough. 

Westboro\ 

Norlhboro\ 

Shrewsbury, Mr. Nathaniel Hay- 
wood. 
Lunenburg, Capt. Josiah Stearns. 
Fitchburq, Thomas Cowdin, Esq. 
Uxbridge, Col. Seth Reed. 
Northbridge 
Harvard, Mr. Joseph Stone. 



1784. — May Session. 



201 



REPRESENTATIVES — Concluded. 



County of Worcester — Con. 

Bolton, Ephraim Fairbanks, Esq. 
Sturbridge, Ebenezer Crafts, Esq. 
Hardwich. 

Western, Col. James Stone. 
Leominster, Hon. Israel Nichols, 

Holden. Esq 

Douglas, Mr. Eliphaz Stearns. 
Grafton, Capt. Nathaniel Sherman. 
Petersham, Jonathan Grout, Esq. 
Royalston, John Frye, Esq. 
Westminster^ apt. Elisha Jackson. 
Athol, Hiram Newhall, Esq. 
Ternpleton, Capt Ezekiel Knowl- 

ton. 
Princeton, Hon. Moses Gill, Esq. 
Ashburnham. 
Winchendon. 
Upton. 

Dudley, Mr. Jonathan Day. 
Paxton, Mr. Abraham Smith. 
Barre, Capt. Benjamin Lee. 
Ward, Capt. John Prentice. 
Milford, Capt. Ichabod Thayer. 
Sterling, Capt Ephraim Wilder. 

County of Cumberland. 

Falmouth, Mr. Benjamin Titcomb. 

Joseph Noyes, Esq. 
North Yarmouth, Mr Samuel Mer- 
rill. 
Scarborough, William Tompson, 

Esq. 
Gorham, Mr. Josiah Thatcher. 
N( w Gloucester, Mr.Peleg Chand- 

Cape Elizabeth. ei ' 

Brunswick. 

Harpswell. 

Windham. 

Grey. 

Pearsontown. 

Royalsborough. 

Ray mon dstown. 

Bakerstoivn. 

Sylvester. 

Bridgetown. 

County of Lincoln. 
Pownalborough,Mr. Joseph Chris- 

Georgetown. lo l ,hers - 

New Castle, Major John Farley 

Woolwich, Nathaniel Thwing, Esq. 

Topsham. 

Bowdoinham, Mr. Zacheus Beal. 



County of Lincoln — Con. 

Boothbay, Capt- Paul Reed. 

Bristol, William Jones, Esq. 

Vassalborough. 

Winthrop, Mr. Robert Page. 

Winslow. 

Waldoborough. 

Edgcomb. 

Hallowell 

Belfast. 

Warren, Thomas Starret, Esq. 

Thomastown, Mr. John Dillaway. 

Bath, Rev. Mr Francis Winter. 

Pittstown. 

St. Georges. 

Meduncook. 

Walpole. 

Hoivar dstown. 

Norwich Walk. 

Sterlinglon. 

Leivistown. 

Ballstown. 

Wales. 

County of Berkshire. 

Sheffield, and ) John Ashley, 

Mt. Washington,) jun. Esq. 

Great Barrington, Elijah Uwight, 

Esq. 

Parlridgefield, Mr. Ebenezer 

Piei'ce. 

Few Marlboro\ Jabez Ward, Esq. 

Williamstown, Capt. Joseph T. 

t- , , Skinner. 

Lanesoorough. 

Pitlsfield, Dr. Timothy Chilcls. 
Lenox, William Walker, Esq. 
Stockbridge, Hon. John Bacon, 

Esq. 
Egremont, Capt. Oliver Pier. 
Tyringham, Capt. Josiah Brewer. 
Sandisfleld, Major Sam. Woolcott. 
Becket, Nathaniel Kingsley, Esq. 
Gageborough. 

Hancock, Samuel Hand, Esq. 
Richmond, Mr. William Lusk. 
Loudon. 
Washington- 
West Stockbridge, Elijah Williams, 

Esq. 
Alford, Mr. Ehud Hopkins. 
Adams, Capt Reubin Hinman. 
Ashawelet Equivalent. 
New Ashford. 
Lee, Mr. Ebenezer Jenkins 
Windsor, Capt. L. Grosvenor. 



1784. — May Session. 



Chapter 1. 

RESOLVE RELATING TO LANDS LYING TO THE WESTWARD OF 
HUDSON'S RIVER, REQUESTING THE GOVERNOR TO SEND 
THE SAME BY EXPRESS TO THE DELEGATES OF THIS STATE; 
AND GRANTING ONE HUNDRED POUNDS TO THE SAID 
EXPRESS. 

Resolved, That the following petition be forwarded to 
the delegates of this Commonwealth in Congress, and 
that the said delegates prefer the same to the United 
States in Congress assembled, as a foundation of farther 
proceedings of this Commonwealth, in order to regain the 
possession of such part of the land therein described, as 
the said Commonwealth have been disseized of. 

To the United States in Congress assembled. 

The petition of the Legislature of the Commonivealth of 
Massachusetts : Sheweth. 

That whereas James the first, late King of Great 
Britain, by his letters patent, bearing date at West- 
minster, the third day of November, in the eighteenth 
year of his reign, granted unto the Council established at 
Plymouth, in the county of Devon, and kingdom of Great 
Britain, commonly called the Council for planting, rul- 
ing and ordering and governing of New England, in 
America, all that part of America, lying and being in 
breadth from forty to forty-eight degrees of northerly lati- 
tude, and of length, of and within all the breadth afore- 
said throughout the main lands, from sea to sea, to hold 
the same to themselves, their successors and assigns for- 
ever ; and whereas the said Council established at Plym- 
outh, by their deed, indented under their seal, dated the 
nineteenth day of March, in the third year of the reign of 
Charles the first, late King of Greed Britain, did bargain, 
sell, enfeoff, alien and confirm unto Sir Henry Rosswell 
and his associates, and to their heirs and assigns, all 
that part of New England, in America, which lieth and 
extendeth between a great river called Merimack, and a 
certain other Hiver there called Charles River, being the 
bottom of a bay, there called Massachusetts Bay; and 
also all those lands lying within three English miles to 
the southward of the southermost part of the said Bay, 
and extending thence, northward in latitude to the north- 
ward of every part of the said River Merimack, and in. 






1784. — May Session. 203 

the breadth of latitude aforesaid, extending throughout 
all the main land in longitude westwardly to the southern 
ocean : And the said Legislature in their claim herein 
described, do aver, that the Point, a place situate three 
miles south of the Bay called Massachusetts Bay, is a 
point or place situate in forty-two degrees of northern 
latitude, two minutes north, and that the place, point or 
boundary aforesaid of three miles to the northward of 
every part of the River Merimack, is a place or point 
situate in forty-four degrees in northern latitude, fifteen 
minutes north, and that by the grant aforesaid, the said 
Sir Henry Rosswell and his associates became seized of 
all the lands before described, and contained in the grant 
aforesaid, of the said Council established at Plymouth; 
and that the same grant was confirmed to the said Sir 
Henry Rosswell and his associates by the said King 
Charles, by his letters patent, dated in the fourth year of 
his reign, and that the said Sir Henry Rosswell and his 
associates were immediately upon the making the grant 
aforesaid by the said Council, in the actual seizen and 
possession of all the lands aforesaid, and for many years 
held the same, under the name and title of the Governor 
and Company of Massachusetts Ray, in JSfew England, and 
that such proceedings and possessions have been done 
and had respecting the territory aforesaid, granted to the 
said Sir Henry Rosswell and his associates, and such sub- 
sequent grants have been made of the same, that all the 
said territory is now the just and proper right of the Com- 
monwealth aforesaid ; and all this the said Legislature 
are ready to verity. 

And whereas the State of New York have set up a 
claim to some part of the land beforementioned, and it 
being highly necessary to have the same claims brought 
to an immediate decision ; they do therefore, in behalf 
of the said Commonwealth, most solemnly request the 
United States of America in Congress assembled. That 
commissioners may be appointed for enquiring into, and 
determining upon the claim aforesaid, of the said Legis- 
lature, and that such other proceedings respecting the 
premises may be had, as are by the fcederal government 
of the said United States in such cases made and provided. 

May 27, 17 84. 



204 1784. — May Session. 



Chapter 2. 

CkaV 2 RESOLVE RELATING TO LANDS LAYING TO THE WEST OF HUD- 
^' SON'S RIVER, REQUESTING THE GOVERNOR TO SEND THE 

SAME BY EXPRESS TO THE DELEGATES OF THIS STATE; AND 
GRANTING ONE HUNDRED POUNDS TO THE SAID EXPRESS. 

Resolved, That the Governor be, and he is hereby 
requested to write to the delegates of this Commonwealth 
in Congress, and enclose the resolve and petition this day 
passed on the subject of the lands laying to the west of 
Hudson's River, which belong to this Commonwealth, and 
to order a suitable express to carry the same to the said 
delegates, with all possible dispatch. And also to draw 
a warrant on the Treasury for the sum of one hundred 
pounds, to enable him to perform the journey with the 
greatest possible expedition ; he to be accountable for the 
expenditure of the same. May 27, 1784. 

Chapter 3. 

Chat) 3 A GRANT 0F SIX HUNDRED POUNDS TO RICHARD DEVENS, 
^' ESQ; COMMISSARY GENERAL, TO PROCURE OIL AND OTHER 

ARTICLES. 

Resolved, That there be paid out of the Treasury of 
this Commonwealth to Richard Devens, Esq ; Commis- 
sary General, the sum of six hundred pounds, from the 
revenue arising from the light-houses, to enable him to 
procure oil and other articles necessary for continuing 
the lights. May 27, 1784. 



Chap 



Chapter 4. 

A. RESOLVE ON THE PETITION OF PAUL DUDLEY SARGENT, 
AUTHORIZING THE JUDGE OF PROBATE TO CAUSE THE 
COMMISSIONERS TO SIT AGAIN, AND ALLOW THE CLAIMS 
AGAINST THE ESTATE OF WILLIAM BROWN, ESQ. 

On the petition of Paul Dudley Sargent, praying that 
the Judge of Probate in and for the county of Essex, may 
be authorized to direct the commissioners on the estate of 
William Brown, Esq; again to sit and examine certain 
claims against the said estate in the said petition mentioned: 

Resolved, That the Judge of Probate, in and for the 
county of Essex, be, and hereby is authorized and 
empowered, to cause the Commissioners aforesaid again 



1784.— May Session. 205 

to sit, examine and allow such just claims against the 
estate of the said William Brown, Esq ; as may be 
exhibited by the said Paul Dudley Sargent, as adminis- 
trator to Catharine Sargent, late of Salem, deceased, the 
said commission of the said Commissioners having been 
returned to the said Judge of Probate and closed, not- 
withstanding. May 29, 1784. 

Chapter 5. 

RESOLVE ON THE PETITIONS OF ROBERT PEGIX AND ALICE QJiWD 5 
PEGIN AND OTHERS, EMPOWERING THE GUARDIAN TO THE ^' 

INDIANS IN THE COUNTY OF PLYMOUTH, TO SELL A CERTAIN 
PART OF THE LAND MENTIONED. 

On the petitions of Robert Pegin and Alice Pegin his 
wife, Patience Wood and Deborah James, Indian man 
and Indian women, all of Bridgewater in the county of 
Plymouth, praying for liberty to sell several parcels of 
land mentioned and described i)i the said petitions, for 
reasons therein set forth. 

Resolved, That John Turner, David Kingman and 
John Nelson, Esq'rs. guardians to the Indians in the 
county of Plymouth, be, and they are hereby authorized 
and empowered to sell so much of the land mentioned in 
the said petitions as will answer the purposes therein 
mentioned, for the most the same will letch. And they 
are hereby authorized and empowered, in the behalf of 
the said Indians to make and execute good and lawful 
deed or deeds of the said lands ; they the said guardians 
previously giving bonds, with sufficient sureties, to the 
Judge of Probate for the county of Plymouth, that the 
neat proceeds of the sales of the said lands shall be faith- 
fully applied for the benefit of the said Indians, and for 
the purposes mentioned in their said petitions. 

June 4, 1784. 

Chapter 6. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN QhaV 6 
OF PRINCETON, CONFIRMING THE PROCEEDINGS OF THE ■*■ ' 

SAID TOWN, RELATIVE TO RAISING THREE MEN. 

On the petition of the selectmen of the town of Princeton, 
in the county of Worcester : 

Whereas the General Court of this State did, by their 



206 1784. — May Session. 

resolve of (he second of December, 1780, make a requisi- 
tion upon the town of Princeton, of nine men, for the 
continental service, three of which men the said town sup- 
plied by three-ninth parts of its inhabitants classing them- 
selves; the other six men were procured and agreed to be 
paid, bij the remaining six-ninths of the said inhabitants, 
and it appearing to this Court that the said inhabitants, 
did, at a legal town meeting on the twenty-sixth day of 
January, 1784, called for that purpose, vote and, agree, 
that the assessors for the time being, should class the town 
to pay the men aforesaid, and did direct the said assessors 
to proportion the same upon the valuation, taken in the 
fall of the year 1780, being the same valuation directed to 
by the General Court, having regard to the three-ninth 
parts of the town who procured the first three men afore- 
said, and the said toivn by their selectmen having prayed 
the interposition of this Court: 

Therefore Resolved, Agreeable to the prayer of the 
said petition, that the votes and proceedings of the town 
of Princeton, with respect to the three men raised by the 
three-ninth parts of the said town, and also the proceed- 
ings and agreements of the said town at their meeting the 
twenty-sixth of January, 1784, be, and hereby are rati- 
fied and confirmed, in the same manner as though they 
had been done at the time the said soldiers first enlisted, 
any law or usage to the contrary notwithstanding. 

June 4, 1784. 

Chapter 7. 
Char) 7 A GRANT 0F three hundred and forty-four pounds, 

^ ' SEVENTEEN SHILLINGS AND FOUR PENCE, TO THE HON. 

SAMUEL OSGOOD, ESQ; FOR HIS EXPENDITURES AND 
ATTENDANCE AS A DELEGATE FOR THIS COMMONWEALTH 

AT CONGRESS. 

On the accounts of the Hon. Samuel Osgood, Esq: 
Resolved, That there be paid out of the treasury of 
this Commonwealth to the Hon. Samuel Osgood, Esq ; 
the sum of three hundred and forty-four pounds, seven- 
teen shillings and four pence, in full discharge of his 
expenditures and attendance, as a delegate for this 
Commonwealth at Congress, from the twenty-third of 
/September, 1783, to the fust of May last. 

June o, 1784. 



1784. — May Session. 207 

Chapter 8. 

RESOLVE ON THE PETITION OF OLIVER WOOD, ESQ; REVERS- (Jkaj) 8 
ING THE JUDGMENT AND DIRECTING A NEW TRIAL. ^' 

On the petition of Oliver Wood, q/"Norridgwalk plan- 
tation, in the count// of Lincoln, Esq; praying that the 
judgment obtained against him at the Court of Common 
Pleas held at Pownalborough, in and for the county of 
Lincoln, for two hundred and fifty pounds, in an action 
of the case brought against him by one Joshua Chamberlain, 
of a place called Seven Mile Brook, may be set aside and 
a new trial ordered thereon, for reasons set forth in his said 
petition. 

Resolved, That the above described judgment be, and 
hereby is reversed, and declared to be null and void, and 
that a new trial shall be had on the above described case 
at the next Court of Common Pleas to be holden at 
Poionalborough, in, and for the county of Lincoln, on the 
last Tuesday of September next, and that the Justices of 
the same Court are hereby empowered and directed to 
hear and determine the same, in all respects, as they 
should or ought to do if the same case were regularly 
depending by continuance in. the said Court ; and that all 
execution on the aforementioned judgment be stayed, and 
that the said Oliver Wood serve the said Joshua Cham- 
berlain, or his attorney, with an attested copy of this 
resolve, fourteen days before the sitting of the said Court 
at Pownalborough. June 5, 1784. 

Chapter 9. 

REPORT ON THE REPRESENTATION OF COL. JOHN ALLAN, (JhaV. 9 
■ RESPECTING A BELT OF WAMPUM RECEIVED FROM THE "* " 

INDIANS. 

On a letter from Col. John Allan of the 2d instant: 
The committee of both Houses appointed to consider 
this letter, ask leave to report as their opinion, that as it 
appears to have been the intention of the Indians, that 
the Belt of Wampum mentioned in the said letter, should 
be presented to Congress, by their Superintendant, it is 
not expedient for the General Court to take any further 
order thereon. June 7, 1784. 



208 1784. — May Session. 



Chap. 10 



Chapter 10. 

RESOLVE ON THE PETITION OF JOSHUA HUBBARD, IN BEHALF 
OF THE TOWN OF KITTERY, ABATING THEM A FINE, FOR 
NOT SENDING A REPRESENTATIVE. 

On the petition of Joshua Hubbard, for, and in behalf 
of the town o/Kittery, praying for the abatement of a fine 
laid on the said town, for neglecting to send a, Representa- 
tive to the General Court, in the year 1782, for reasons 
mentioned in the said petition : 

Resolved, That the prayer of the said petition be so 
far granted, that there be allowed and paid out of the 
treasury of this Commonwealth, to the town of Kit- 
tery, the sum of thirty-two pounds seven shillings and 
six pence, it being one half of the fine aforesaid. 

June 7, 1784. 



Chapter 11. 

Chart 1 "I RES0LVE 0N THE petition of Elizabeth sen ah, (Indian 

"' WOMAN) EMPOWERING JOSIAH STONE, ESQ; AND OTHERS,. 

GUARDIANS, TO SELL THE HOUSE AND LAND MENTIONED. 

On the petition of Elizabeth Senah, (Indian woman) 
praying for liberty to sell a house, and about eleven acres 
of land lying in Natick, in the county of Middlesex, for 
reasons set forth in the said petition : 

Resolved, That the Hon. Josiah Stone, Esq ; Eleazer 
Kingsbury and Joseph Twitchel, guardians to the Natick 
tribe of Indians, be, and they hereby are empowered to 
sell the said house and land for the most the same will 
fetch, and to make and execute in their said capacity, a 
good and lawful deed or deeds of the same to the pur- 
chaser or purchasers thereof, the proceeds of the said sale 
to be applied to the discharge of the just debts of Eunice 
Spy wood, deceased, late owner of the said estate, as 
mentioned in the said petition, and also of the necessary 
charges arising by the said sale, and the remainder, if any 
there be, to be secured for the use of the said Elizabeth 
Senah. June 7, 1784. 



1784. — May Session. 209 



Chapter 12. 



)F THOMAS CHILDS, ESQ; AGENT (J] iav ^2 
INCIS WALDO, AN ABSENTEE, J- ' 



RESOLVE ON THE PETITION OF 
ON THE ESTATE OF FRA1 
DIRECTING THE COMMITTEE FOR SALE OF ABSENTEES 
ESTATES, TO DELIVER HIM A NOTE, AND GRANTING HIM 
NINE POUNDS TEN SHILLINGS IN FULL. 

On the petition of Thomas Childs, Esq; agent on the 
estate of Francis Waldo, late of Falmouth, in the count;/ of 
Cumberland, Esq; an absentee, setting forth that the com- 
mittee appointed by the General Court, for settling* the 
estates of absentees in the county of Cumberland, to make 
deeds of such lands to their creditors, did make a. deed to 
him, the said Thomas Childs, of a piece of land belonging 
to the estate of the said Francis Waldo, valued at Two hun- 
dred eight pounds, which was Ten pounds, eleven shillings 
more than the debt due to the said Thomas Childs, for 
which sum he gave his note to the committee ; that the said 
agent, on the second of September, 1783, did settle />is 
accounts of agency with the Judge of Probate for the said 
comity, and there was due to him as agent, Twenty pounds, 
one shilling and ten pence; and praying that his note 
abovementioned may be given up and the remaining part 
of the balance be paid him : 

Resolved, That the prayer of the petition be granted, 
and the committee for settling the estates of absentees in 
the county of Cumberland, are hereby ordered to give up 
to the said Thomas Childs his note of Ten pounds, eleven 
shillings ; and that Nine pounds, ten shillings and ten 
pence, be paid to him out of the treasury of this Common- 
wealth, in full of all his accounts as agent on the said 
estate of the said Francis Waldo, Esq. June 7, 1784. 



Chapter 13. 

RESOLVE AUTHORIZING THE JUDGE OF PROBATE FOR THE 
COUNTY OF MIDDLESEX, TO AUTHORIZE COMMISSIONERS 
FOR EXAMINING CLAIMS ON ABSENTEES ESTATES IN THE 
SAID COUNTY, TO EXAMINE THE CLAIMS OF JOSHUA 
HENSHAW, ESQ; ON THE ESTATE OF JOHN VASSAL, AN 
ABSENTEE, &c. 

On the petition of Joshua Henshaw, Esq : 
Resolved, That the Judge of Probate for the county of 
Middlesex, be, and he is, hereby authorized and empow- 
ered to authorize the commissioners appointed for re-ex- 
amining the claims upon absentees estates in the said 



Chcq). 13 



210 1784. — May Session. 

county to examine the demand of the said Joshua Hen- 
shaiv, and if the said commissioners shall find the said 
demand to be just and reasonable, to report the same, 
and upon such report the said Judge of Probate is 
directed to certify the same to the Governor and Council, 
who are hereby authorized to grant a warrant on the 
treasury of this Commonwealth for payment of the same. 

June 8, 1784. 



• Chapter 14. 

CllQ'p. 14 RESOLVE ON THE PETITION OF JONATHAN BRADSHAW, EM- 
POWERING THE JUSTICE OF THE SUPREME JUDICIAL COURT 
TO RECEIVE HIS COMPLAINT AT THEIR NEXT SESSIONS TO 
BE HOLDEN IN THE COUNTY OF MIDDLESEX. 

On the petition of Jonathan Bradshaw of Charlestown, 
in the county of Middlesex, labourer, stating that at a 
Court of Common Pleas held at Cambridge, within and 
for the county of Middlesex, on the last Tuesday of 
November last, he recovered judgment against Nathaniel 
Prentiss of the said Charlestown, sadler, for the sum of 
Three pounds seventeen shillings and seven pence lawful 
money, damage and costs of suit, by default, from which 
judgment the said Prentiss appealed to the Supreme Judicial 
Court then next to be holden in the said county ; and that 
the said Bradshaw was prevented entering his complaint 
against the said Prentiss by accident: 

Resolved, That the Justices of the Supreme Judicial 
Court, be, and hereby are, authorized and empowered, to 
receive the said complaint of the said Bradshaw, at their 
sessions next to be holden within and for the county of 
Middlesex, and to proceed thereon in the same manner as 
they might by law have done, if the said Bradshaiv had 
entered his complaint in the action aforesaid at their ses- 
sions in the said county next after the said last Tues- 
day of November, any law, usage or custom to the contrary 
notwithstanding. June 8, 1784. 



Chapter 15. 

ChcW 15 RES0LVE 0N THE PETITION OF JOSEPH KILBURN AND OTHERS, 
J "' ' EMPOWERING THE JUDGE OF PROBATE FOR THE COUNTY 

OF WORCESTER, TO AUTHORIZE COMMISSIONERS TO EXAM- 
INE SAID PERSON'S CLAIMS AGAINST THE ESTATE OF ABEL 
WILLARD, AN ABSENTEE. 

On the petition of Joseph Kilburn and others, setting 
forth that they had not sufficient notice of the appoi)dment 



1784. — May Session. 211 

of commissioners on the estate of Abel Willard, Esq; of 
Lancaster, deceased, represented insolvent, end praying 
that the said commissioners may be directed to receive, 
examine and allow the claims of the said petitioners, so 
far as they may appear just: 

Resolved, That the Judge of Probate of Wills, and for 
granting letters of administration, for the county of 
Worcester, be, and he hereby is, empowered and directed to 
authorize the said commissioners to receive and examine 
the claims of the said petitioners on the said estate, in 
the same manner as if they had been timely presented 
therefor, and to allow them such further time for that 
purpose, as he shall judge necessary. June 8, 1784. 

Chapter 16. 

RESOLVE AUTHORIZING THE OVERSEERS OF THE POOR OF THE nh ar) 1g 
TOWN OF BOSTON, TO CONTRACT WITH A PHYSICIAN TO "' 

ATTEND THE ALMSHOUSE. 

Resolved, That the overseers of the poor of the town 
of Boston, be a committee to contract with a physician to 
attend upon, and provide medicines for the space of one 
year (to be considered as ending the thirteenth day of 
May, 1785) for such sick persons, being of the poor 
belonging to this Commonwealth, as now are, or may be 
in the almshouse in the town of Boston, during the said 
year ; and the said committee are authorized to contract 
accordingly. j une 8\ 1784. 

Chapter 17. 

RESOLVE GRANTING ONE HUNDRED AND TWENTY POUNDS TO Chat) 17 
WILLIAM DREW, ESQ; FOR REPAIRING THE LIGHT HOUSE ■*■ ' 

AT THE GURNET. 

Whereas by a resolve of the General Court, of July last, 
William Drew, Esq- was appointed to repair and put in 
order the light house on the Gurnet at the entrance of Plym- 
outh harbour, and to lay his accounts before the General 
Court, for allowance and payment, but for want of means 
and money the light house has hitherto been neglected: 

Resolved, That there be paid out of the treasury of this 
Commonwealth to the said William Drew, Esq ; One hun- 
dred and twenty pounds, out of the light money that is, 
or may be collected, to enable him to compleat the busi- 
ness of his appointment ; and he to be accountable for 
the same. June 9, 1784. 



212 1784. — May Session. 



Chapter 18. 

Cliap. 18 RESOLVE ON THE PETITION OF PETER CASTA1NG AND W1L- 
^' LIAM ETSSAXDEAU, DIRECTING THE TREASURER TO PAY 

THE SAID PETER CASTAING FOUR NOTES, TO THE AMOUNT 
OF THREE HUNDRED AND SEVENTY-SIX POUNDS, FIVE 
SHILLINGS; AND REQUESTING THE GOVERNOR TO CERTIFY 
THEIR FAITHFUL SERVICES TO THE UNITED STATES. 

On the petition of Peter Castaing and William Eyssan- 
deau, Captains in the Massachusetts Line of the late army 
of the United States, praying for relief in their peculiar 
circumstances : 

Whereas the said Peter Castaing has in his possession 
four notes, given him by the Treasurer of this Common- 
wealth, the principals of which taken collectively amount to 
Three hundred and seventy-six pounds, five shillings: 

Resolved, That the Treasurer of the Commonwealth be, 
and be is hereby directed, to pay to the said Peter Cas- 
taing, on his delivering the said notes to the Treasurer, 
the beforementioned sum of Three hundred seventy-six 
pounds, five shillings, together with the interest which 
shall be found due on the said notes at the time of their 
redemption, any resolve, law or custom to the contrary 
notwithstanding. June 9, 1784. 

Chapter 19. 

Cliaj) 19 RESOLVE REQUESTING THE GOVERNOR TO GIVE CERTIFICATES 
1 ' IN FAVOR OF CAPTAINS CASTAIXG AND EYSSANDEAU, EX- 

PRESSING THE SENSE THE LEGISLATURE OF THIS COMMON- 
WEALTH ENTERTAIN OF THEIR SERVICES IN THE LATE WAR. 

Resolved, That the Legislature of this Commonwealth 
entertain a due sense of the faithful services of Captain 
Castaing and Captain Eyssondeau, whilst in the service 
of the United States, in the Massachusetts Line of the 
army ; and that his Excellency the Governor be requested 
to certify the same under the seal of this Commonwealth, 
in common form. June 9, 1784. 

Chapter 20. 

ChaV 20 RESOLVE 0N THE PETITION OF EBEXEZER CRAFTS, ESQ; IN 
P' BEHALF OF THE TOWN OF STURBRIDGE, GRANTING TO THE 

SAID TOWN ONE HUNDRED THIRTY-FOUR POUNDS, ELEVEN 
SHILLINGS, FOR SUPPORTING ONE JOHN LACE. 

On the petition of Ebenezcr Crafts, Esq; in behalf of 
(he toion of Sturbridge, praying for a compensation of 



1784. — May Session. 213 

the charge and expence the said town hath been at for sup- 
porting John Lace, a sick and indigent person, having no 
legal residence but in the Commonwealth at large, from 
May, 1780, to the seventeenth of May, 1784. 

Resolved, That there be allowed and paid out of the 
public treasury of this Commonwealth unto the selectmen 
of JSturbridge,. the sum of One hundred and thirty-four 
pounds, eleven shillings, in full for the expence they have 
been at for the support of John Lace, up to the seven- 
teenth day of May, A. 1>. 17*4. June .9, 17S4. 

Chapter 21. 

RESOLVE APPOINTING A COMMITTEE TO RECEIVE, EXAMINE Chap. 21 
AND PASS ON ACCOUNTS. r 

Resolved, That Charles Tin iter, Setlt Washburn, Joseph 
Ilosmer, Esq'rs ; Mr. Joseph Bradley Varnum, and Ezra 
Sargent, Esq ; be a committee to receive, examine and 
pass on all accounts that are now, or may be exhibited, 
for the support of such indigent persons as are the proper 
charge of the State, and all other accounts (those only 
excepted that are or may be committed to a special com- 
mittee) that shall be exhibited for services performed, 
cash advanced, or property sold for the use of this Com- 
monwealth, by order of the General Court, or any person 
or persons authorized to incur such expence, where the 
same are properly vouched ; and that the committee be 
vested with the same powers, and observe the same rules 
which were prescribed in a Resolve of the General Court 
passed the fifteenth day of March, one thousand seven 
hundred and eighty-three, appointing a committee to 
examine and pass on accounts, provided that the said 
committee do not sit on the business of their appoint- 
ment at any time in the recess of the General Court. 

June 12, 1784. 



Chapter 22. 

RESOLVE ON THE PETITION OF BEXJAM1N COXVERS, OF 
CHESTER, GIVING HIM LEAVE TO ENTER HIS APPEAL 
FROM THE JUDGMENT GIVEN IN A CERTAIN ACTION, MEN- 
TIONED. 

On the petition of Benjamin Convers, of Chester, in the 
county of Hampshire, yeoman, praying for a new trial 



Chap. 22 



214 1784 — May Session. 

upon an action brought against him by Jacob Davis, of 
Charlton, Esq; at a Court of Common Pleas held at 
Worcester, within and for the county of Worcester, on 
the first Tuesday in September last: 

Resolved, That the petitioner have leave to enter his 
appeal from the judgment given in the said action by 
the same Court with the clerk thereof, at the next Court 
of Common Pleas to be holden at the said Worcester, 
within and for the county aforesaid, the first Tuesday in 
September next ; and shall recognize as the Justices of 
the same Court shall direct to prosecute his appeal at the 
Supreme Judicial Court, next to be holden within and for 
the said county, on the last Tuesday of the same Sep- 
tember, and the petitioner is hereby fully authorized to 
enter his appeal at the Supreme Judicial Court, and shall 
then and there have full liberty to plead a plea, and to 
have a trial upon the same action there in the same way 
as if he had appealed in the common and ordinary course 
of law, and the execution which hath issued upon the 
judgment aforesaid shall have the same force and effect 
in law, as if the trial so had at the Supreme Judicial 
Court was on a review of the action, and no other. 

June 12, 1784. 

Chapter 23. 

Chap. 23 RESOLVE ON THE PETITION OF WILLIAM COOKE, DECLARING 

1 ' NULL AND VOID A CERTAIN JUDGMENT, AND DIRECTING 

THE CLERK OF THE SAID COURT TO BRING FORWARD THE 

ACTION MENTIONED, THE SAID COOKE TO NOTIFY MR. 

GABRIEL JOHONNOT. 

Upon the petition of William Cooke, praying for a (rial 
on an action brought by Gabriel Johonnot, against //iu>, as 
set forth in his petition : 

llesolved, That the prayer of the said petition be 
granted, and that the judgment given in the action 
aforesaid, at the Court of Common Pleas, holden at 
Boston, on the first Tuesday in January last, and the 
execution issued thereon, is declared null and void, and 
the clerk of the said Court is directed to bring forward 
the said action, at the Court of Common Pleas to be 
holden at Boston, within and for the county of Suffolk, 
on the first Tuesday of July next, in the same manner as 
if the same had been duly continued to that Court ; at 



1784. — May Session. 215 

which time the parties shall be allowed any new plea, and 
proceed to trial in the same manner as if no default had 
been made thereon, and no judgment had been given ; said 
William Cooke to notify the said Gabriel Johonnot, by 
leaving with him an attested copy of this resolve, at least 
fourteen days before the time of the said Court's sitting. 

June 14, 1784. 

Chapter 24. 

RESOLVE GRANTING TO EACH OF THE DELEGATES, REPRE- fjh ar) 24 
SENTING THIS STATE IN CONGRESS, THIRTY-THREE SHIL- J- ' 

LINGS PER DAY. 

Resolved, That there be allowed to each delegate, who 
shall hereafter be chosen to represent this Commonwealth 
in the Congress of the United States, for his service and 
expences for each day, (Lord's day included,) from the 
time of his leaving home, until his return, the sum of 
Thirty-three shillings. June 14, 1784. 

Chapter 25. 

RESOLVE ON THE PETITION OF SARAH DANA, GUARDIAN TO QIlCW. 25 
ORLANDO HENRY, CALEB AND JAMES DANA. 1 ' 

On the petition of Sarah Dana, guardian of Orlando 
Dana, Henry Dana, Caleb Dana and James Dana, setting 
forth, that George Dana, executor of the last will and tes- 
tament of Caleb Dana, late of Cambridge, in the county of 
Middlesex, Esq; deceased, in February, seventeen hundred 
and seventy-four, obtained bare from the then Superior 
Court of Judicature, Court of Assize 'and general anal 
deliver'/, to make sale of so much of the said deceased's 
real estate, for tlte payment of debts and legacies, as should 
amount to the sum of six hundred pounds lawful money, 
and praying that the said George be stayed from proceed- 
ing, (for reasons in the said petition mentioned) in the 
sale of the aforesaid estate, until he the said George, 
render an account to the Judge of Probate, of the county 
of Middlesex, aforesaid, of the monies he, the said George. * 

may have received from the proceeds arising from flic sales 
of any part of the real estate of the said deceased, which 
he may hare heretofore made by. virtue of the authority 
given hi))) as aforesaid, and also give bonds to the .Judge 
of Probate aforesaid, for the use of her wards aforesaid, 



216 1784. — May Session. 

her children, and the other children of her, the said Sarah, 
whose estate is made chargeable for the payment of the 
debts and legacies aforesaid, and subject to sale by the said 
George, in pursuance of his authority aforesaid, that he, 
the said George, in case he should, agreeably to the au- 
thority aforesaid, make any further sale of the real estate 
aforesaid, that he will appropriate the monies arising there- 
from, solely to the payment of the debts of the deceased, 
and, the legacies by the said deceased in his said last will 
bequeathed : 

Resolved, That the prayer of the said petition be 
granted, and that the said George proceed no further 
in the sale of the real estate aforesaid, until he render 
an account to the Judge of Probate aforesaid, for the 
monies by him received from the sales of any part of 
the real estate aforesaid, in pursuance of his authority 
aforesaid, which he may have made heretofore, and also 
give bonds to the said Judge for the use of the children 
of the said Sarah, with sufficient sureties, that in case he 
the said George, agreeably to the authority aforesaid, 
should make any further sale of the real estate aforesaid, 
to appropriate the monies arising therefrom solely to the 
payment of the debts of the said deceased, and to the 
discharge of the legacies by the said deceased in his said 
last will bequeathed. 

And be it further Resolved, That the said Judge of 
Probate be directed and empowered, on application made 
by the said George, or any other person or persons inter- 
ested in the said will or estate, to cite the said George to 
render an account as aforesaid, and to require of him 
bonds for the purposes aforesaid, with sureties as afore- 
said. June 14, 1784. 

Chapter 26. 

Chart- 26 resolve allowing pay to the rev. joseph willard, 

1 ' PRESIDENT OF THE UNIVERSITY AT CAMBRIDGE, THE REV. 

SAMUEL WILLIAMS AND THE REV. EDWARD WIGGLES- 
WORTH. 

* Resolved, That there be allowed and paid out of the 

treasury of this Commonwealth, to the Rev. Joseph Wil- 
lard, President of the University at Cambridge, the sum 
of One hundred and five pounds, thirteen shillings and four 
pence, which together with former giants, is to be in full 
of his salary until the first day of January, A. D. 1784 : 



1784. — May Session. 217 

To the Eev. Samuel Williams, one of the professors 
of the said University, the sum of Two hundred thirty- 
two pounds, ten shillings, in full for his services to the 
period aforesaid : and 

To the Rev. Edward Wigglesworth, one of the said 
professors, the sum of Two hundred thirty-three pounds, 
seven shillings and eight pence, in full to the same period. 

June 15, 1784. 

Chapter 21. 

UK SOLVE ON THE MEMORIAL OF THE HON. JOH\ T BACON, IN (Jhai). 27 
BEHALF OF THE TOWN OF STOCKBRIDGE, DIRECTING THE 1 ' 

TREASURER TO RECALL HIS EXECUTION, RELATIVE TO 
BEEF. 

On the memorial of the Hon. John Bacon, Esq; in 
behalf of the town of Stockbridge, praying, for reasons 
set forth in the said memorial, that the execution issued 
against the said town for beef required of them by a resolve 
of the General Court, of the fourth of December, 1780, 
may be recalled without cost to the said town: 

Whereas it appears to this Court, by the certificates of 
the super intendant , lodged in the Secretary's office, that the 
said town did seasonably comply with the said resolve: 

It is therefore Resolved, That the prayer of the said 
memorial be granted, and that the Treasurer be directed 
to recall the said execution, and that the cost attending 
the same be defrayed out of the treasury of this Com- 
monwealth ; any defect as to the form of the said certifi- 
cate, notwithstanding. Jane 15, 1784. 



Chapter 28. 

RESOLVE ON THE PETITION OF HANNAH THOMAS, GRANTING 
HER A BARRACK ON HER LAND, AT THE GURNET, AS HER 
PROPERTY. 

On the petition of Mrs. Hannah Thomas, pray ing that 
the barrack on her land, at the Grurnet, may ba given to her 
for the damages done to Iter house, fences, &c. while a 
garrison was kept at that place: 

Resolved, That the prayer of the petition be granted, 
and that she the said Hannah Thomas be entitled to the 
barrack on her land at the Gurnet, as her own property, 
which shall be in full for what damages she has sustained. 

June 15, 1784. 



Chap. 28 



218 1784. — May Session. 



Chapter 29. 

Chan. 29 resolve remitting a fine to the town of Scarborough, 

L ' FOR NOT SENDING A REPRESENTATIVE IN THE YEAR 1782. 

On the petition of the town of Scarborough, by William 
Thompson, Esq; their Representative, praying , for reasons 
set forth in their petition, to be abated a fine set upon them 
in the year 1783, for not sending a Representative in the 
year 1782 : 

Resolved, That the prayer of the said petition be 
granted, and the Treasurer of this Commonwealth is 
hereby authorized and directed, to credit the said town 
of Scarborough, the sum of Thirty-seven pounds, three 
shillings and four pence, on the last State tax, granted 
in the year 1783, that sum being the amount of the fine 
laid upon the said town of Scarborough, for not sending 
a Representative in the year 1782, any law or resolve to 
the contrary notwithstanding. June 16, 1784. 



Chapter 30. 

Chai). 30 RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
^' OF LEOMINSTER, EMPOWERING THEM TO CALL A MEETING 

FOR THE CHOICE OF A CONSTABLE OR COLLECTOR. 

On thepetition of the Selectmen of the town o/'Leominstei , j 
praying that they may be empowered to call a meeting of 
the said town, to chase a Constable in the room of one 
excused by the said to am : 

Resolred, That the prayer of the said petition be 
granted and that the Selectmen of the town of Leom- 
inster, lie, and they are, hereby empowered, forthwith 
to call a meeting of the inhabitants of the said town, 
qualified according to law, to vote in the choice of town 
officers, who when convened, are hereby authorized and 
empowered to make choice of a suitable person to serve 
as a Constable and Collector of taxes for the said town, 
and the person so chosen, shall be subjected to the same 
fine for refusal, and when sworn, shall have the same 
powers that by law arc given to constables and collectors, 
the month of March being elapsed, any law or custom to 
the contrary notwithstanding. June 1.7, 1784. 



1784. — May Session. 219 



Chapter 31. 

ORDER ON THE PETITION OF THE REPRESENTATIVES OF THE Chap. 31 
SEVERAL TOWNS IN DIKES COUNTY, RELATIVE TO SUS- 2 ' 

PENDING EXECUTIONS FOR TAXES. 

On the petition of the Representatives of tlie several 
towns in Dukes County : 

Ordered, That the subject matter of the said peti- 
tion, be referred to the aext session of the General Court, 
and that the Treasurer of the Commonwealth, be directed 
in the mean time to suspend executions against the inhab- 
itants of the several towns in the county of Dukes County, 
for taxes granted from the year J77<s, to the year 1782, 
inclusive, and for the tines assessed on the said towns for 
not raising their quota of men for the year 1783, and also 
for the tax assessed on the town of Edgar town, for the 
year 1777. . Jane 19, 1784. 

Chapter 32. 

RESOLVE ON THE MEMORIAL OF JOHN WHITE, GRANTING HIM CJiai) 32 
SEVEN POUNDS TEN SHILLINGS, FOR EXPENCE ATTENDING F ' 

HIS SON'S SICKNESS. 

On the memorial of John White : 

Whereas John White, jun. son of John White of San- 
ford, in the county of 'York, was in the year 1780, a soldier 
in the service of this Commonwealth, and stationed at Fal- 
mouth, in the county of Cumberland, where there was no 
hospital provided for the sick, who was sent home to his 
father by the direction of the commanding officer, who pro- 
vided for his said son during his sickness: Therefore, 

Resolved, That there be allowed and paid out of the 
public treasury of this Commonwealth to the said John 
White, senior, Seven pounds ten shillings, in full for all 
expeiiee attending his said son in his sickness as afore- 
said. June 21, 1784. 



Chapter 33. 

RESOLVE GRANTING EIGHTEEN THOUSAND FOUR HUNDRED 
AND EIGHTY-ONE POUNDS, TEX SHILLINGS AND ELEVEN 
PENCE, TO JABEZ HATCH, ESQ; LATE DEPUTY QUARTER- 
MASTER GENERAL, TO PAY SUNDRY PERSONS FOR PROCUR- 
ING OX TEAMS, &c. FOR THE TRANSPORTATION OF STORES 
TO THE ARMY IN 1781. 

Resolved, That there be paid out of the second moiety 
of the Continental tax, to Jabez Hatch, Esq ; late Deputy 



Chap. 33 



220 



1784. — May Sessiox. 



Quarter Master General, the sum of Eighteen thousand 
four hundred and eighty-one pounds, ten shillings and 
eleven pence, to be by him paid to the several persons 
mentioned in the annexed account, each one his propor- 
tion thereof, in full discharge of the monies due to them 
as contractors in this Commonwealth, for ox teams and 
conductors, employed in the campaign of 1784 ; the afore- 
said sum being for Fifty-three thousand six hundred and 
eighty-three dollars and forty-four ninetieths of a dollar, 
and the interest thereof from the first day of January, 1782, 
to this time ; and that the same sum be charged to the 
United States, as part of this State's quota, which may 
be required by Congress for the year 1785 : 



SAMUEL BUCK, . 
JOHN DUNSMORE, 
JOSEPH M'CLINTOCK, 
HEZEKIAH METCALF, 
JOHN HALL, . 
SOLOMON KIMBALL, . 
JOSEPH OSGOOD, 
MARK PACKARD, . 
JEREMIAH BATTLES, . 



Dollars. 


90ths. 


8465 


2 


6675 


13 


Coll 


43 


2344 


75 


6375 


00 


6556 


7 


3503 


61 


7752 


23 


6000 


00 


53,683 


44 


June 22, 


1784. 



Chap 



Chapter 34. 

CM RESOLVE EMPOWERING THE COMMITTEE FOR THE SALE OF 
CERTAIN STRIPS AND GORES OF UNAPPROPRIATED LAND, 
IN THE COUNTY OF YORK, TO DISPOSE OF THE LANDS 
MENTIONED. 

On the petition of sundry persons, praying that they 
may, for certain considerations, be quieted in the possses- 
sion of certain lands advertized for sale, by a committee of 
the General Court; and also on the representation of the 
said committee, praying for instructions relative to the sale 
of them : 

Resolved, That the Committee for the sale of certain 
strips and gores of unappropriated land in the county of 
York, appointed March 20, 1784, be, and they are, hereby 
directed and empowered to dispose of the lands men- 
tioned in the commission, either by private sale, or at 
public auction, attending to the circumstances under which 
any of the said lands may lie. June 23, 1784. 



178i. — May Session. 221 

Chapter 35. 

RESOLVE DIRECTING THE COMMITTEE FOR METHODIZING PUB- (Jhai) 35 
LIC ACCOUNTS, TO PROCEED IN THE SETTLEMENT OF THE -* ' 

COMMITTEES ON ABSENTEES ESTATES, AND DIRECTING A 
RETURN TO BE MADE TO THEM FROM JUDGES AND REGIS- 
TERS OF PROBATE, &c. 

Whereas by a resolve of the sixteenth of March last, 
the Committees for the sale of absentees estates in the 
several counties of this Commonwealth, were directed to 
make a return into the Secretary's office, of their doings by 
the tenth instant; and whereas it now appears that the 
Committee for slating and methodizing the public accounts, 
have called upon all the said committees to settle their 
accounts with them, agreeable to two former resolves of 
June the twenty-ninth, 1782, and June the fifth, 1783, in 
consequence of which, several of the said committees have 
applied and settled their accounts, and others stand ready 
to do it: 

Therefore, Resolved, That the said Committee for stating 
and methodizing public accounts, be, and they hereby are 
directed to proceed in the said settlement, and bring to a 
close, the accounts with the said Committees on Absentees 
Estates, agreeable to the said two resolves of the twenty- 
ninth of June, 1782, and the fifth of June, 1783, anything 
in the said resolve of the sixteenth of March last, not- 
withstanding. 

And it is further Resolved, That the Judges and Regis- 
ters of Probate, in the several counties in this Common- 
wealth, proceed and make return of their doings in every 
respect agreeable to the said resolve of the sixteenth of 
March, 1784, excepting that they make it to the said 
committee, instead of returning it into the Secretary's 
office, and that the same be done on or before the first 
day of September next, instead of the time mentioned 
in the said resolve ; and the said committee for stating 
public accounts, are hereby directed to lay the whole 
of their proceedings relative to the said committees, &c. 
before the General Court the first week in their next 
session. 

And it is further Resolved, That the Secretary be, and 
he is, herel>y directed to deliver to the Committee for stat- 
ing and methodizing the public accounts, all such returns 
as may have been made into his office by the several 



222 1784. — May Session. 

Judges of Probate, and Committees for the sale ol 
Absentees Estates, in consequence of the said resolve of 
the sixteenth of March last. 

Ordered, That the Secretary immediately publish the 
foregoing resolve in the Independent Chronicle, pub- 
lished in Boston by Adams and Nourse, and in the Salem, 
Springfield and Worcester newspapers. 

June 23, 1784. 

Chapter 36. 

Chap. 36 PLAN OF THE SCHEDULE FOR VALUATION. 

A list of the polls and of the estates real and personal 
of the several proprietors and inhabitants of the town 
of in the county of taken 

pursuant to an act of the General Court of the Common- 
wealth of Massachusetts, entitled "An Act for enquiring 
into, the rateable estate of this Commonwealth," passed in 
the year of our Lord one thousand seven hundred and 
eighty-four, by the subscribers, assessors of the said 
town, duly elected and sworn. 

No. Polls rateable. 

No. Polls not rateable supported by the town. 

No. Polls not rateable, not supported by the town. 

No. Dwelling Houses. 

No. Shops separate from, or adjoining to other build- 
ings. ^ _ 

No. Tan Houses, slaughter houses, and other working 
houses. 

No. Distill and sugar houses. 

No. Rope walks. 

No. Pot and pearl ash works. 

No. Warehouses. 

No. Barns. 

No. Grist, saw, fulling and slitting mills. 

No. All other mills. 

No. Iron works and furnaces. 

No. All other buildings and edifices of the value of five 
pounds and upwards. 

No. Superficial feet of wharf. 

No. Acres of tillage land. 

No. Acres of English and upland mowing. 

No. Acres of fresh meadow. 

No. Acres of salt marsh. 



1784. —Mat Session. 223 

No. Acres of pasturage. 

No. Barrels of cyder, which can be annually made upon 
the whole farm. 

No. Acres of wood land. 

No. Acres other unimproved land. 

No. Acres of land unimproveable. 

No. Tons of vessels, and small craft of five tons burthen 
and upwards, at home or abroad, to be given in carpen- 
ter's tonnage. An account of every person's whole stock 
in trade, goods, wares and merchandize, at home or 
abroad, paid for or not paid for. Factorage, or the value 
of commissions on merchandize annually. 

No. Horses and mares, three years old and upwards. 

No. Colts two years old. 

No. Colts one year old. 

No. Oxen four years old and upwards. 

No. Neat cattle three years old. 

No Neat cattle two years old. 

No. Neat cattle one year old. 

No. Cows four years old and upwards. 

No. Sheep and Goats six months old and upwards. 

No. Swine six months old and upwards. 

No. Ounces of silver plate. 

Debts due to any person on interest or not on interest, 
except government securities and continental loan office 
certificates, more than the}' are indebted. 

Monies on hand. 

June 23, 1784. 

Chapter 37. 

RESOLVE ON THE PETITION OF JOHN: TRACY, GRANTING HIM CllCIT) 37 
ONE THOUSAND SIX HUNDRED POUNDS, IN FULL FOR HIS ■&' 

ACCOUNT, FOR THE USE OF THE BRIGANTINE PALLAS, ON 
THE PENOBSCOT EXPEDITION. 

On the petition of John Tracy, praying that he may be 
allowed his account for the use of his vessel, and for ship 
stores expended in the expedition at Penobscot : 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to John Tracy, Esq ; (in 
Treasurer's notes, bearing date the first of January, 1781) 
the sum of One thousand six hundred pounds, in full of 
his account for the use of the said vessel and ship stores 
expended in the said expedition. June 23, 1784. 



224 1784. — May Session. 



Chapter 38. 



(Jimp. 38 R-ESOLVE ALLOWING INTEREST ON THE NOTE 
7 ' A RESOL1 l'l on ok COURT PASSED YE8TERDA 



MENTIONED IN 
AY, IN FAVOR OK 
JOHN TRACT, ESQ. 

Resolved, Thai the note which by a resolution of the 
General Court passed yesterday, was directed to he made 
io John Tract/, Esq; lor the sum of One thousand six 
hundred pounds, to bear date the first of January, 1781, 
shall !>e on interest from that lime and issued :is the con- 
solidated uotes of lliis Commonwealth. June, 24, 1784. 



Chapter :*i>. 

Chan. 39 RESOLVE GRANTING TO EZRA LUNT EIGHT HUNDRED AND 

'' TWENTY-SEVEN POUNDS, SEVEN SHILLINGS AND*NINE 

PENCE, TO HIM AND TO Ills ASSISTANTS, AS COMMISSARY 

OF SMALL STORES AND CLOTHIER IN THE CONTINENTAL 

\KMY. 

On the report of the committee for stating the accounts 
of ///is Commonwealth, setting forth that the;/ hare exam- 
ined and adjusted the accounts of Ezra Lunt, late Com- 
missary of small stores and Slate clothier in the conti- 
nental arm;/, and that flare is due to the said Ezra Lunt, 
the sunt of Eight hundred and t ireid ;/-seren pounds, seven- 
teen shillings and nine pence: 

Resolved, That there he paid out of the treasury of this 
Commonwealth, to Ezra Lunt, the sum of Eight hundred 
and twenty-seven pounds, seventeen shillings and nine 
pence, in full for his and his assistants wages, and all 
expences as Commissary of small stores and Clothier in 
the Continental Army, for this Commonwealth; and the 
Treasurer is hereby directed to pay the above sum as 
follows, viz. : Two hundred and seventy-live pounds, seven- 
teen shillings and nine pence, in specie, and the sum of 
Five hundred fifty-two pounds, in government securities; 
the said securities to hear date Jul;/ fourteenth, 17vS2, the 
time when the said Lunt was discharged from the service. 

June 24, ITS/. 



Chapter 40. 

Chan 40 KKSOM ' K entitling solomon parsons, jun. to half pay 

' ' as a SOLDIER. 

On tin representation of John Lucas, Esq; Commis- 
sary of pensioners, in behalf of Solomon Parsons, jun. 



1784. — May Session-. 225 

a soldier who was wounded in the service of the United 

States ; 

Resolved, That the said Solomon Parsons, jiui. be enli- 
tled 1<> one half pari of pay as a soldier, from the lirsl 
day of January, one thousand seven hundred :in<l eighty- 
one, lill the further order of the General Court or Con- 
gress. June 24, 1784. 



Chapter 1 1. 

RE80LVE ON THE PETITION OF LEVI RAWSON, DIRECTING HIM (Jhap. 41 
TO SERVE JABEZ METCALF, Willi A COP*? OF HIS PETITION, ' * 

AND RESOLVE THEREON, THAT HE MAY SHEW CAUSE, &o. 

On the petition of Levi Rawson, setting forth, that at 
the Court of Common Pleas, for the county of Suffolk, on 
the third Tuesday of April last, Jabez Metcalf recovered 
judgment against the petitioner for the sum, of Two hundred 

and seventy-nine pounds, and cost; and that he had not 
notice of the suit in due form of law: 

Therefore Resolved, That the suid Levi serve the s:iid 
Jabez, with an attested copy of bis petition and this order 
1 hereon, fourteen days before the second Wednesday of 
the next session of this Court, that he may then shew 
cause (if any he has) why the prayer of the said pel il ion 
should not be granted ; and in the mean lime it. is hereby 
ordered that execution be stayed. June 25, 1784. 



Chapter 42. 

RESOLVE DIRECTING THE TREASURER TO CONTINUE CONSOL- 
IDATING GOVERNMENT SECURITIES. 

Whereas the time limited by a resolve of the General 
Court, of the twenty-sixth of February last, for consol- 
idating government securities, is now expired, and il being 
represented to litis Court that a considerable number of such 
securities remain yet unconsolidated: 

It is Resolved, That the Treasurer be, and he is, hereby 
authorized and directed to continue the business of con- 
solidating government securities, until the first day of 
October next, on the -nine terms as heretofore provided. 

June 25, 1784. 



(J hap. 42 



226 1784. — Mat Session. 



Chapter 43. 

Chap. 43 RESOLVE ON THE PETITION OF JOHN BACON, ESQ; IN BEHALF 
OF ELISHA MAItriNDALE AND OTHERS, RESPECTING A RE- 
SOLVE PASSED FEBRUARY THE TENTH, 1783; AND EMPOW- 
ERING ASHBEL STRONG, AND OTHERS, TO EXECUTE A DEED 
OF SALE OF THE LAND MENTIONED. 

On the petition of John Bacon, in behalf of Elisha Mar- 
'tindale, of Lee, in the county of Berkshire, setting forth 
that in a resolve of the General Court, of February the 
tenth, 1783, on the petition of the said Elisha Martindale, 
there is a mere clerical mistake, as to the quantity of land 
mentioned in the said resolve, and praying that the said 
mistake may be rectified, which representation appearing 
to this Court to be true: 

Resolved, That the resolve aforesaid be, and hereby is 
repealed, and that Ashbel Strong and Henry Williams 
Dwight, administrators on the estate of Thomas Williams, 
late of Stockbridge, Esq ; deceased, be, and hereby are, 
authorized and empowered to make and execute a good 
and lawful deed of sale, unto the said Elisha Martindale, 
of a certain tract of land, in the town of Lee, containing 
two hundred and twenty acres, belonging to the estate of 
the aforesaid Thomas Williams, deceased, he the said 
Elisha, first paying to the aforesaid administrators, the 
sum of Four hundred and eighty pounds, with interest 
agreeable to contract, including such sum or sums of 
money as the said Elisha shall make appear to the said 
administrators that he paid to the said Thomas Williams, 
before his decease, being in part pay for the aforesaid 
tract of land ; and the aforesaid administrators shall 
account with the Judge of Probate for the county of 
Berksltire, for the disposal of the money they shall 
receive by virtue of this resolve. June 28, 1784. 

Chapter 44. 

Chap. 44 RESOLVE ON THE PETITION OF COL. JOHN ALLAN, DIRECTING 
THE COMMITTEE FOR METHODIZING PUBLIC ACCOUNTS, TO 
SETTLE THE ACCOUNTS MENTIONED IN HIS PETITION. 

On thepetition of John Allan, Superintendant of Indians 
in the eastern department, praying for a settlement of h is 
accounts : 

Ordered, That the accounts- mentioned in the said peti- 
tion, be referred to the committee appointed for meth- 
odizing and slating public accounts, who are hereby 



1784. — May Session. 227 

authorized and empowered to settle the said accounts 
with Col. John Allan, agreeable to justice, and charge 
the same to the United States. June 28, 1784. 

Chapter 45. 

RESOLVE FOR BONDS TO BE GIVEN BY THE TREASURER AND Qhaj). 45 
THE COMMISSARY GENERAL OF THIS COMMONWEALTH, WITH * ' 

DIRECTIONS TO THE SECRETARY TO MAKE OUT THE BONDS, 
FOR THE APPROBATION OF THE GENERAL COURT. 

Resolved, That Thomas Ivers, Esq ; Treasurer, give 
bond to this Commonwealth, in the sum of Thirty thou- 
sand pounds, with sufficient sureties for the faithful 
discharge of his said trust. 

And that Richard Devens, Esq ; Commissary General, 
give bond to this Commonwealth, in the sum of Eight 
thousand pounds, with sufficient sureties, for the faithful 
discharge of his said trust ; and that the Secretary pre- 
pare said bonds, and lay them before the General Court 
for their approbation. June 28, 1784. 

Chapter 46. 

RESOLVE ON THE PETITION OF EPHRA1M FAIRBANKS, ESQ; IN njj nn A(\ 
BEHALF OF THE TOWN OF BOLTON, EMPOWERING THE KjllUJ l ) ' ^ U 
ASSESSORS OF THE SAID TOWN TO COMMIT TO JOEL FOS- 
GATE, THE BILLS MENTIONED. 

On the petition of Ephraim Fairbanks, Esq; of the 
district of Berlin, lately set off from the town of Bolton, 
setting forth that some matters of difficulty have arisen 
respecting the collection oftax< j s, assessed before the division 
of the said town of Bolton, not committed to collectors 
before the said division, and praying that the assessors of 
Bolton may be authorized to commit the bills containiw/ 
the taxes legally assessed on the inhabitants of the said 
Berlin, before the said division, to Joel Fosgate, of the 
said Berlin, by them legally chosen constable and collector 
for the said district, at their first legal meeting for chus in g 
officers for the said district; and that the said Fosgate 
may be authorized to collect the said taxes, and a reasonable 
time allowed for the said collection: 

Resolved, That the prayer of the petition be granted, 
and that the assessors of the town of Bolton be, 
and they are, hereby authorized and empowered, to 
commit unto Joel Fosgate, legally chosen constable for 
the district of Berlin, the bills mentioned in the said 



228 1784. — May Session. 

petition, containing taxes legally assessed on the inhab- 
itants of the said district of Berlin, before the division 
of the said town of Bolton, with a warrant to collect and 
to pay unto the Treasurer of the town of Bolton, such of 
the aforementioned taxes as were properly town taxes, 
and the said assessors are directed to transmit such of 
them as were for the second moiety of the Continental 
Tax, to the Treasurer of this Commonwealth ; and the 
said Joel Fosgate is hereby empowered and directed to 
receive the said bill, to collect the taxes due thereon, and 
pay them accordingly ; governing himself according to 
the laws of this Commonwealth, respecting the collection 
of taxes. June 29, 1784. 

Chapter 48.* 

ChaV. 48 RESOLVE ON THE PETITION OF HENRY KNOX, ESQ; DIRECTING 
THE JUDGE OF PROBATE FOR THE COUNTY OF SUFFOLK, TO 
GRANT HIM A LETTER OF AGENCY ON THE ESTATE OF THE 
LATE THOMAS FLUCKER, ESQ; TO THE SAID HENRY KNOX, 
ESQ; HE GIVING BONDS SUFFICIENT TO THE SAID JUDGE. 

On the petition of Henry Knox, Esq: 

Resolved, That the Judge of Probate for the county of 
Suffolk, be, and he hereby is, directed to grant a letter 
of agency on the estate of the late Thomas Flucker, Esq ; 
to Henri/ Knox, Esq ; he giving bond with sufficient 
sureties to the said Judge, to account for the same estate, 
and to pay what remains of the same (after the just debts 
and legal charges thereof are satisfied) into the public 
treasury ; and the said Henry Iinox is empowered and 
directed to proceed in the settlement of the said estate, 
and the payment of the debts due therefrom, according 
to the direction of the law respecting administrators. 

Provided nevertheless, That Josepli Pearce, the present 
agent, notwithstanding his being superseeded by the 
appointment of the said Henry ITnox, as aforesaid, shall 
be held to account for all such parts of the said estate, as 
he has administered. June 28, 1784. 

Chapter 49. 

Chat) 49 A GllANT 0F TW0 HUNDRED POUNDS TO EACH OF THE DELE- 
F' ' GATES ELECTED TO REPRESENT THIS STATE IN CONGRESS. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to each of the delegates, 
who are or may be appointed to represent this State in 

* There is do chapter numbered H in the Session Pamphlet. 



1784. — May Session. 229 

Congress, the year ensuing, and who shall proceed to 
Congress for said purpose, the sum of Two hundred 
pounds, they to be accountable for the sums they shall 
respectively receive, to be deducted from the allowance 
made them for their service. June 29, 1784. 

Chapter 50. 

RESOLVE ON THE PETITION OF BENJAMIN CONVERS OF CHES- Chap. 50 
TER, GIVING HIM LEAVE TO ENTER HIS APPEAL MENTIONED, * 

AT THE NEXT COURT OF COMMON PLEAS AT WORCESTER. 

Upon the petition of Benjamin Convers of Chester, in 
the county of Hampshire, yeoman, praying for a new trial 
upon an action brought against him by Jacob Davis of 
Charlton, Esq; at a Court of Common Pleas held at 
AVorcester, within and for the county of Worcester, on 
the first Tuesday in September last: 

Resolved, That the petitioner have leave to enter his 
appeal from the said judgment given in the action afore- 
said by the said Court, with the clerk thereof, at the next 
Court of Common Pleas to he holden at said Worcester, 
within and for the county aforesaid, on the first Tuesday 
in September next, and shall recognize as the Justices of 
the same Court shall direct, to prosecute his appeal at the 
Supreme Judicial Court, next to be holden at Worcester, 
within and for the county aforesaid, on the third Tuesday 
in September next, and the said petitioner is hereby fully 
authorized to enter his appeal at the same Supreme Judi- 
cial Court, and shall then and there have full liberty to 
plead, and have a trial upon the same action, in the same 
manner as if the same appeal had been in the common 
and ordinary course of law, and the execution which hath 
been issued upon the same judgment aforesaid, shall have 
the same force and effect, as if the trial so had at the 
Supreme Judicial Court, was on a review of the action, 
and no other. June 29, 17S4. 

Chapter 51. 



E GRANTING SEVEN THOUSAND SEVEN HUNDRED AND (Jhdl). 51 
ITY-ONE POUNDS, EIGHTEEN SHILLINGS AND SEVEN 1 ' 



RESOLVE 
TWEN': 

PENCE, TO MR. JOSEPH RUGGLES, ON THE ORDER OF CON- 
GRESS IN FAVOUR OF JEREMIAH WADSWORTH, ESQ; DATED 
THE 15th OF APRIL, 1780, OUT OF THE TAX GRANTED IN 
OCTOBER, 1781. 

Wltereas the sum of Seven thousand seven hundred and 
twenty-one pounds, eighteen shillings and seven pence, is 



230 1784. — May Session. 

due to Joseph Ruggles, and others, for supplies of provi- 
sions for the use of the army of the United States, which 
ivas to have been paid on an order of Congress in favor of 
Jeremiah Wads worth, Esq; dated the fifteenth day of 
April, 1780, for One million nine hundred thousand dol- 
lars; and whereas by a resolve of the General Court of the 
eighth day of March last past, it was resolved that the said 
sum now due as aforesaid, should be paid from the proceeds 
of the tax then next to be granted, and as the so deferring 
the payment thereof will greatly distress those to whom the 
same is due, and it now appearing to this Court that part 
of (lie tax granted in October, 1781, was appropriated for 
the payment thereof: 

Therefore Resolved, That the said sum of Seven thou- 
sand seven hundred and twenty-one pounds, eighteen 
shillings and seven pence, shall be paid out of the treasury 
of this Commonwealth on the said order, out of the said 
tax granted in October, 1781, or any subsequent State 
tax, at such periods as the circumstances of the treasury 
will admit ; the said resolve of the eighth day of March 
last past, notwithstanding. June 30, 1784. 

Chapter 52. 

Chap. 52 RESOLVE ENTITLING CAPT. SAMUEL CLARK, TO ONE EIGHTH 

TART OF PAY AS A CAPTAIN. 

On the representation of John Lucas, Esq; Commissary 
of pensioners, in behalf of Captain Samuel Clark, who 
was wounded in the service of the United States : 

Resolved, That the said Samuel Clark, be entitled to 
one eighth part of pay as a Captain, from the seven- 
teenth day of November, one thousand seven hundred 
and eighty-one, till the further order of the General Court 
or Congress. June 30, 1784. 



Chapter 53. 

Chap. 53 RESOLVE DIRECTING THE SECRETARY TO FURNISH AGENTS 
APPOINTED TO PROSECUTE THE CLAIMS OF THIS COMMON- 
WEALTH TO LANDS WEST OF HUDSON'S RIVER, WITH COPIES 
OF RECORDS AND PAPERS, &c AND A GRANT TO THE SAID 
AGENTS, TO ACCOMPLISH THE SAID BUSINESS, OF FIVE HUN- 
DRED POUNDS. 

Resolved, That the Secretary of this Commonwealth, 
be, and he hereby is, directed to furnish the agents who 



1784.— May Session. 231 

may be appointed to prosecute the claim of this Com- 
monwealth to certain lands mentioned and described in 
the petition of the General Court, of the twenty-seventh 
day of May last, respectively, with authentic copies of 
such records and papers as they shall think necessary in 
the prosecution of their agency. And the Secretary is 
also directed to transmit to the Secretary of Congress, a 
certificate that this legislature; hath received the act of 
Congress, of the third day of June current, on their peti- 
tion aforesaid. 

Resolved, That there be allowed and paid out of the 
public treasury, to the said agents, the sum of Five hun- 
dred pounds, they to be accountable for the expenditure 
thereof in the prosecution of their said agency. 

July 1, 1784. 



Chap. 54 



Chapter 54. 

RESOLVE ESTABLISHING THE PAY OF THE MEMBERS OF THE 
GENERAL COURT. 

Resolved, That there be paid out of the treasury of this 
Commonwealth, the sum of eight shillings to each member 
of the Hon. Council, and the sum of seven shillings and 
six pence, to each member of the Honorable Senate, and 
the sum of seven shillings to each member of the House 
of Representatives, for each day they have attended the 
Council or General Court, the present session, also the 
further sum of one day's pay for every ten miles distance 
each member lives from this place. July 1, 1784. 



Chapter 55. 

RESOLVE CONSTITUTING THE DELEGATES WHO SHALL ACTU- Cliaj)- 55 
ALLY REPRESENT THIS COMMONWEALTH IN CONGRESS, ON 1 ' 

THE FIRST DAY OF DECEMBER NEXT, LAWFUL AGENTS OF 
THIS STATE, WITH SUCH AGENTS AS SHALL BE APPOINTED 
IN BEHALF OF NEW YORK, TO DETERMINE THE CLAIMS TO 
LANDS WEST OF HUDSON'S RIVER. 

Whereas the legislature of this Commonwealth, by their 
petition to Congress on the twenty-seventh day of May, 
1784, last past, alledged that certain lands to which the 
Slate q/"New York set up a claim., was the just and proper 
right of this Commonwealth, and Congress having given 
notice thereof to the said /Stale and appointed the first 



232 1784.— May Session. 

Monday of December next, to proceed in the premises as by 
the articles of confederation and perpetual union is directed: 

Resolved, That the delegates who shall actually repre- 
sent this Commonwealth in Congress on the first day of 
December next, or the major part of them, are hereby 
constituted the lawful agents of this State, and are 
authorized and empowered, with such agent or agents 
as may be empowered therefor on the part and behalf 
of the State of New York, to appoint by joint consent, 
Commissioners or Judges to constitute a Court for hearing 
and determining the claims of the same State and of this 
Commonwealth to the lands mentioned and described in 
the petition aforesaid ; and in case the said State of New 
York shall neglect to attend by their agent or agents, at 
the said time appointed therefor by Congress ; or if attend- 
ing, the agent or agents of the said State and the said dele- 
gates hereby appointed the agents of this Commonwealth, 
cannot agree to appoint by joint consent Commissioners or 
Judges for the purpose aforesaid, then the said delegates, 
or the major part of them, are hereby authorized and 
empowered, on the part of this Commonwealth, to do and 
transact all matters and things whatsoever by the said 
articles of confederation and perpetual union necessary to 
be done and transacted, to the appointment of Commis- 
sioners and Judges for the purpose aforesaid. 

Resolved, That there shall be appointed by joint ballot 
of the two Houses, three gentlemen, the duty and business 
of whom, or any two of them, it shall be, carefully to 
collect the evidence of the title of this Commonwealth to 
the lands mentioned and described in their petition to 
Congress, to part of which the State of New York have 
set up a claim, to appear before any Commissioners or 
Judges who may be appointed a Court to determine on 
the claim of the said State and of this Commonwealth, to 
the land aforesaid, and to prosecute the suit by the said 
petition instituted, to a final determination. 

July 2, 1784. 



Chapter 50. 

Chap. 56 RESOLVE ON the petition of orando searjeant, in be- 

1 ' HALF OF THE TOWN OF ALMSBURT, ABATING THE FINE 

LAID ON THE SAID TOWN. 

On the petition of Orando Searjeant in behalf of the 
town of Almsbuiy, praying that the fine of Forty-six 



1784. — May Session. 233 

pounds, fourteen shillings and two pence, laid on the said 
town for not sending a representative the last '/ear, may be 
abated, for reasons set forth in the said petition: 

Resolved, That the prayer of the said petition be so far 
granted, as that the town of Almsbury be abated the sum 
of Twenty-three pounds, seven shillings and one penny 
of the said tine; and the Treasurer of this Commonwealth 
is hereby direeted and empowered to credit the said town 
in the last State tax accordingly. July 2, 1784. 

Chapter 57. 

RESOLVE APPOINTING EBENEZER BRIDGE AND NATHAN DANE, CJlCip. 57 
ESQ'RS; COMMISSIONERS TO SETTLE THE BOUNDARIES OF 
LANDS AND POSSESSIONS, BEGINNING AT THE HEAD OF THE 
TIDE ON PENOBSCOT RIVER; AND TO CONFER WITH THE 
INDIANS RELATIVE TO THE RELINQUISHMENT OF ANY 
CLAIMS, &c. 

Whereas the Provincial Congress, of the then Province, 
now Commonwealth of Massachusetts, on the twenty-first 
of June, 1775, on application made to them by the Indians 
of the Penobscot tribe, did (as will appear by the records 
of the said Provincial Congress) strictly forbid any person 
or persons whatsoever , from trespassing or making waste 
upon any of the lands and territories or possessions, begin- 
ning at the head of the tide on Penobscot River, extending 
six miles on each side of the said River, then claimed by 
the said Indians: and whereas the boundaries of the lands 
and possessions claimed by them are uncertain ; and it being 
expedient that the extent of the said lands should be ascer- 
tained, and that a quantity of lands proportioned to the 
number of the said Indians should be confirmed to them: 

It is therefore Resolved, That .Ebenezer Bridge and 
Nathan Dane, Esq'rs. be, and they are, hereby appointed 
commissioners, with full power to treat with the said 
Indians on the subject beforenientioned, to settle the 
boundaries of such lands as shall be agreed upon to be 
confirmed to them, and to confer with the said Indians 
relative to the relinquishment of any claims or privileges 
they may suppose themselves entitled to in any lands, by 
the doings of the said Provincial Congress, or otherwise ; 
and to agree upon a consideration to be allowed them 
therefor; and the said commissioners are hereby directed 
to proceed upon the aforesaid business as soon as may be, 
and to make report of their doings herein to the General 
Court, at their next session. July 2, 1784. 



234 1784. — May Session. 



Chapter 58. 

Chan. 58 resolve directing confiscated lands to be sold by 
1 ' auction, for public securities. 

Whereas it appears that there are several parcels of land 
lying in the different counties in this Commonwealth , and 
confiscated to the use of this government, by retaining the 
property of which, no considerable rise of the same can be 
reasonably expected and the settlement of the same is thereby 
prevented: Therefore 

Resolved, That the several committees for the sale of 
absentees estates within this Commonwealth, those of the 
counties of York, Cumberland and Lincoln only excepted, 
be, and they are, hereby authorized and directed, as soon 
as may be, to make sale at public auction of all the lands 
confiscated to the use of this Commonwealth, within their 
several districts, for the consolidated securities of this 
government, and pay the same as speedily as may be 
into the treasury of this Commonwealth. Provided 
always, that in all instances where the said estates have 
been duly certified as insolvent, that the said committees 
be, and they hereby are, directed to sell the same for 
gold and silver, or legal certificates of the distributive 
sum on any allowed claims, and in all instances where 
bonds were given by the former owners for titles, upon 
complying with the conditions of the same, or entries on 
• the same were made, and cultivation thereof begun, pre- 
vious to the confiscation thereof, the said committees are 
hereby directed to proceed with respect to the same in 
manner as provided by the act originally appointing the 
said committees ; and the said committees are hereby 
enjoined to proceed on and compleat the business afore- 
said, with all such dispatch as is consistent with the 
public interest, and to settle their accounts of the same 
with the committee for methodizing and stating the public 
accounts. July 2, 1784. 

Chapter 59. 

Chan 59 RES0LVE 0N THE petition of Nathaniel Leonard, late 

V* ' MUSTEK MASTER IN THE COUNTY OF BRISTOL, DIRECTING 

THE SHERIFF OF THE SAID COUNTY TO RECEIVE A CERTAIN 
SUM OF MONEY IN CONTINENTAL BILLS, AND DISCHARGE 
HIM FROM THE EXECUTION MENTIONED. 

On the petition <>/' Nathaniel Leonard, Esq; late Muster 
Master for the county of 'Bristol, praying for relief respect- 



1784. — May Session. 235 

ing an action commenced against him by the Treasurer, 
for a balance in his liands of the money he received to pay 
bounties: 

Whereas it appears to this Court, that the said Leonard 
did offer the said balance to the Treasurer, agreeable to the 
orders of the General Court, as set forth in the said Leon- 
ard's declaration : 

Therefore Resolved, That the Sheriff of the county of 
Bristol, be, and he is hereby directed, to receive of the 
said Nathaniel Leonard, the sum of Sixty-seven pounds, 
seventeen shillings and six pence, in consolidated securi- 
ties of this government, and discharge him from the 
execution for the said sum, the said Leonard paying costs 
of suit ; and the Treasurer of this Commonwealth is 
hereby directed to receive the said consolidated securities 
from the Sheriff aforesaid. July 2, 1784. 

Chapter 60. 

RESOLVE FOR COMMEMORATING THE ANNIVERSARY OF AMER- Chap. 60 
ICAN INDEPENDENCE. l ' 

Whereas on the fourth day of July, A. D. 1776, the United 
States of America, were delivered from a low and humili- 
ating dependence ori a foreign power, and by the directing 
hand of Providence, assumed a station among the nations 
of the earth, and became a sovereign and independent 
people, which day will be forever marked as the era when 
their political existence commenced: 

Resolved, That the Legislature of this Commonwealth 
will, on Monday next, at ten o'clock in the forenoon, 
celebrate the anniversary of the Independence of the 
United States, and repair to some suitable place for 
public worship, and there in a solemn manner render 
thanks to Almighty God, for the signal and unmerited 
interposition of his Providence, in bringing to pass this 
great event, in supporting these States through a cruel 
and bloody war, in establishing them in peace and con- 
tinuing to bestow his innumerable blessings upon them ; 
and also humbly to implore that he would tit us to receive 
the divine favor and benediction on all our national affairs. 

Resolved, That his Excellency the Governor, his Honor 
the Lieutenant Governor and the Honorable Council, be 
requested to attend on this occasion : and that his Excel- 
lency be desired to direct demonstrations of joy by the 



23(5 1784. — May Session. 

discharge of cannon and such other military parade as he 
may judge proper; and that the Chaplain of the General 
Court officiate in the religious exercise of the said day. 

July 1, 1784. 

Chapter 61. 

C/lCW 61 RES0LVE 0N THE PETITION OF NICHOLAS BARTLETT, THAT THE 
■L ' SAID NICHOLAS NOTIFY JOTHAM LOR1NG OF HINGHAM, TO 

SHEW CAUSE, &c. 

On, the petition of Nicholas Bartlett : 

Resolved, That the said Nicholas Bartlett serve Jotham 
Loring, of Hingham, in the county of Suffolk, with an 
attested copy of the said petition and this resolve, that 
the said Loring may appear before the General Court on 
the third Wednesday of the next sitting thereof, to shew 
cause, if any he hath, wherefore the prayer of the said 
petition should not be granted, and that all proceedings 
on the judgment which the said Loring recovered against 
said Bartlett in the county of Suffolk, in April term last, 
before the Court of Common Pleas, shall cease in the 
mean time. July 3, 1784. 

Chapter 62. 

Chan 6'^ EES0LVE 0N THE petition of the selectmen of the town 

^ * OF GREAT BARR1NGTON, EMPOWERING THOMAS INGERSOLL, 

JUN. TO COLLECT THE SEVERAL TAXES MENTIONED. 

On the petition of the selectmen of the town of Great 
Barrington, shewing, that in the year 1782, a state tax 
of Six hundred and tiventy-two p>ounds, ten shillings, 
together with a county tax, a, town, tax and a minister's 
tax, were committed to Thomas Ingersoll, jun. then con- 
stable of the said town, to collect; that in the month of 
September last, for reasons in the said pel it ion mentioned, 
the aforesaid taxes ivere taken out of the hands' of the said 
Thomas Ingersoll, jun. and committed to John Hickok, 
then constable and collector of taxes for the said town, to 
be by him collected. That another state lax of Six hundred 
end twenty-two pounds, ten shillings; and a state tax of 
Four hundred thirty-seven pounds, thirteen shillings and 
four pence, together with a county fax, a town tax and a 
ministerial lax, u-ere also committed to the said John 
Hickok, to collect, and that for reasons in the aforesaid 



1784.— May Session. 237 

petition mentioned, all the taxes aforesaid have been taken 
out of the hands of the said John Hickok, and committed 
to Thomas Ingersoll, the present collector of taxes, then to 
be by him collected, and praying that the same Thomas 
logersoll may be empowered to collect the aforesaid taxes: 
Resolved, That the prayer of the petition be granted, 
and thai the same Thomas Ingersoll, be, and he hereby is, 
Cully authorized and empowered, to collect the aforesaid 
several taxes in the same manner as he might have done, 
had they been originally committed to him to collect, or 
as the said Thomas Ingersoll, jun. aud John Hickok, 
respectively, might or could have done, he observing 
the rules and requirements of the laws respecting the 
collecting of taxes by constables and collectors. 

July 5, 1784. 

Chapter 63. 

RESOLVE ON THE PETITION OF A NUMBER OF INHABITANTS flj )an Cft 
AND PROPRIETORS OF LAND IN THE NORTH-EAST CORNER K - / ' lu T' u ' 
OF STOCKBRIDGE, APPOINTING NATHANIEL KINGSLEY AND 
THOMPSON J. SKINNER, ESQ'RS. A COMMITTEE TO VIEW THE 
PREMISES. 

On the petition of a number of the inhabitants and pro- 
prietors of land in the north-east corner of Stockbridge, 
praying that the lands delineated in a plan accompanying 
the same, may be set off from said Stockbridge and annexed 
to (he town of Lenox : 

Resolved, That Ccdeb Strong, Nathaniel Kingsley and 
Tliompson J. Skinner, Esq'rs : be a committee to view 
the premises, at the expence of the petitioners, and report 
what is proper to be done thereon, at the next session of 
the General Court. Jidy 5, 1784. 

Chapter 64. 

RESOLVE ON THE PETITION OF TIMOTHY PAIGE, AGENT ON THE QJ /af) () [ 
ESTATES OF TIMOTHY HUGGLES AND DANIEL OLIVER, * ' 

ABSENTEES, EMPOWERING THE JUDGE OF PROBATE TO 
RECEIVE THE CLAIMS MENTIONED. 

On the petition of Timothy Paige, agent on the estates 
of Timothy Ruggles and Daniel Oliver, late q/" Hard wick, 
Esq'rs; absentees, setting forth that he has a balance in his 
hands arising from the sales and rents of said estates, 



238 1784. — May Session. 

amounting to Two hundred and twenty-eight pounds, five 
shillings and two pence one farthing, for which lie has 
■ taken notes and bonds of several individuals who are 
creditors to said estates; and praying for liberty to pay 
the same in lieu of cash, and that the Judge of Probate 
for the county of Worcester may be empowered to receive 
the same in discharge of the said balance : 

Resolved, That the Judge of Probate for the county of 
Worcester, be, and he hereby is, empowered to receive 
the said claims in discharge of the said balance due from 
the said agent accordingly ; provided the same shall have 
been duly allowed, and provided further, that the said 
creditors shall upon discharging their demands in manner 
aforesaid, give bond with sufficient sureties to the said 
Judge of Probate, that so much of the said claims shall 
be repaid, in case upon a final settlement the said estates 
shall be found insufficient to pay and discharge all the just 
debts of the said absentees. July 5, 1784. 

Chapter 65. 

Chart. 65 ItESOLVE ABATING A FINE LAID ON THE TOWN OF SUDBURY t 
FOR NOT SENDING A REPRESENTATIVE. 

On the petition of William Rice, in behalf of the inhab- 
itants of the toivn of Sudbury, praying for an abatement 
of the fine in Stale Tax, No. 3, for the year 1783, for not 
sending a Representative for the year 1782, for reasons 
set forth in the petition: 

Resolved, That the prayer of the petition be so far 
granted, as that one moiety of the fine, viz. Eighteen 
pounds, seventeen shillings and six pence be abated, and 
that the Treasurer be, and he is, hereby directed to dis- 
charge the town of Sudbury the aforesaid sum of Eighteen 
pounds, seventeen shillings and six pence in the last State 
Tax. July 5, 1784. 

Chapter 66. 

Chap. 66 RESOLVE EMPOWERING the court of GENERAL SESSIONS OF 
■* ' THE PEACE FOR THE COUNTY OF BERKSHIRE, TO APPOR- 

TION FIFTEEN HUNDRED POUNDS UPON THE SEVERAL 
TOWNS IN THE SAID COUNTY, FOR DEFRAYING COUNTY 
CHARGES. 

Whereas it is represented to this Court, by the Court of 
General Sessions of the Peace for the county of Berkshire, 



1784. — May Session. 239 

that the sum of fifteen hundred pourtds is necessary for 

erecting a Goal, Goal House and Court House in the town 

of Lenox : 

Therefore Resolved, That the Court of General Sessions 

of the Peace for the county of Berkshire, be, and hereby 

are empowered and directed, to levy and apportion the 

said sum of Fifteen hundred pounds, upon the several 

towns .and other places within the said county, for the 

purposes aforesaid. July 5, 1784. 
^ . 

Chapter 67. 



PETITION OF EZRA SARGEANT, ESQ; IN Ch(l7). G7 
I TOWN OF MALDEN, ABATING A FINE LAID 1 ' 



RESOLVE ON THE 
BEHALF OF THE 
UPON TIIF, SAID TOWN. 

On the ■petition of Ezra Sargeant, 'praying for an abate- 
ment of the fine set upon the town of Maiden, for not sending 
a representative to the General Court of this Common- 
wealth, in the year 1782, in the tax act of 1783, for reasons 
set forth in the said petition : 

Resolved, That the town of Maiden be abated one 
moiety of the said fine, viz. Fourteen pounds, four shil- 
lings and two pence ; and that the Treasurer of this Com- 
monwealth be directed to discharge the town of Maiden 
that sum in the last tax act accordingly. July 5, 1784. 

Chapter 68. 

« 

RESOLVE ABATING A FINE LAID UPON THE TOWN OF WEST- 
MINSTER, FOR NOT SENDING A REPRESENTATVE. 

On the petition of the selectmen of Westminster, praying 
the abatement of a fine set against the said town for neg- 
lecting to send a Representative in the year 1782 : 

Resolved, That the prayer be so far granted that the sum 
of Sixteen pounds, two shillings and six pence be allowed 
to the town of Westminster; and that the Treasurer be, 
and is hereby directed to credit the said town for that sum 
in their State tax for the year 1783. July 5, 178/. 

Chapter 69. 

RESOLVE ON THE PETITION OF MOSES STEBBINS AND OTHERS, pn /«q 

DIRECTING THE TREASURER TO CREDIT THE TOWN OF WIL- ^' ia P- OJ 
BRAHAM A CERTAIN SUM OF MONEY. 

On the petition of Moses Stebbins, James Warrinnor 
and Eldad Stebbins, committee for the town q/'Wilbraham, 



Chap. 68 



240 1784.— May Session. 

praying for abatement of a fine set against the town of 
Wilbraham, of Forty-seven pounds, nineteen shillings and 
four pence, for not sending a Representative to the General 
Court, in the year 1781 and the year 1782, to represent 
the said town of Wilbraham in the General Court, for 
reasons set forth in the said petition : 

Resolved, That the prayer of the petition be so far 
granted, that one half of the abovesaid fine be abated ; 
and that the Treasurer of this Commonwealth be, and he 
hereby is, directed to credit the town of Wilbraham the 
sum of Twenty-three pounds, nineteen shillings and eight 
pence, on the last State Tax, granted by the General Court 
in March, 1783, in which tax the abovesaid tine was set 
against the town of Wilbraham. July 5, 1784. 



Chapter 70. 

Chap. 70 RESOLVE DISCHARGING A COMMITTEE APPOINTED THE TWEN- 
TY-FIRST OF SEPTEMBER, 1780, TO LAY OUT SIX THOUSAND 
ACRES OF LAND TO ARTHUR LEE, ESQ; AND APPOINTING 
JOHN LEWIS AND OTHERS, ESQ'RS; TO PERFORM THE BUSI- 
NESS ASSIGNED THEM. 

Whereas by a resolve of the General Court, passed the 
twenty-first day of September, one thousand seven hundred 
and eighty, a grant of six thousand acres of the unappro- 
priated lands laying eastward of Saco River, was made to 
Arthur Lee, Esq; in compensation of his services as agent 
for this State, in Great Britain, in the year one thousand 
seven hundred and seventy-five ; and Benjamin Chadburne 
and Moses Little, Esq'rs. were appointed a committee to 
lay out the same, and perform other services, as by the said 
resolve will appear; and by a subsequent resolve, Jonathan 
Greenleaf, David Sewall, and Nathaniel Wells, Esq'rs. 
were joined to the said committee, but the affairs of the said 
committee have been so circumstanced as to render the per- 
formance of the business aforesaid impracticable: 

Therefore Resolved, That the committee aforenamed be, 
and hereby is discharged ; and that John Lewis, Edward 
Russell and Isaac Parsons, Esq'rs. be, and hereby are, 
appointed a committee to perform the business specified 
in the aforesaid resolve of the twenty-first of September, 
one thousand seven hundred and eighty. 

July 5, 1784. 



1784. — Mat Session. 241 

Chapter 71. 

RESOLVE ON THE PETITION OF JOIIN GRAFF, DIRECTING THE QhctV 1\ 
COMMITTEE FOR SETTLING WITH THE MASSACHUSETTS LINE ^' 

OF THE ARMY, TO CONSOLIDATE THE BOUNTY OF THREE 
HUNDRED DOLLARS PROMISED TO THE SOLDIERS, BY A 
RESOLVE OF THE FIRST OF OCTOBER, 1779, &c. 

On the petition of John Graff, praying for a bounty 
promised by this State to him, as one of those soldiers 
who hare served in the Massachusetts line of the army of 
the (liited States, during the late war: 

Resolved, That the committee for settling with the 
Massachusetts Line of the army of the United States, be, 
and hereby are, directed to consolidate the bounty of 
three hundred dollars promised by a resolve of the Gen- 
eral Court of October the first, 1779, to each non-commis- 
sioned officer and soldier, who then had, or since has 
inlisted as one of this State's quota of the said army, 
during the continuance of the late war ; and when it shall 
appear to the said committee, that any of the said soldiers 
have not received the aforesaid bounty, they shall return 
a certificate of the consolidated value of the said bounty, 
to the Governor and Council, who are hereby authorized 
to issue a warrant on the Treasurer for the same ; and the 
committee aforesaid shall charge the several sums they 
shall thus certify, to the United States. July 6, 1784. 



Chapter 12. 

RESOLVE INTITLING CALEB ATHERTON TO HALF PAY, TO COM- 
MENCE FROM MAT, 1778, TILL FURTHER ORDER. 

On the representation of John Lucas, Commissary of 
Pensioners, in behalf of Caleb Atherton, a soldier in 
Captain Adams's company, in Col. Brooks's regiment, 
in i 'he service of the United States, setting forth that the 
said Caleb Atherton was deprived of eye sight tvhile in 
the said service; and it appearing by a certificate from the 
Governor and Council agreeable to a resolve of Congress 
dated the twenty-fifth of September, 1778, that the said 
representation is true: 

Therefore Resolved, That the said Caleb Atherton be 
in titled to half pay from the first day of May, 1778, 'till 
the further order of this Court, or of the Congress of the 
United States. July 6, 1784. 



Chap. 72 



242 1784. — Mat Session. 



Chapter 73. 

Chap. 73 RESOLVE FOR appointing agents to repair to the east- 

^' ERN PART OF THIS STATE, TO INFORM THEMSELVES OF 

ENCROACHMENTS MADE BY BRITISH SUBJECTS; AND IN- 
STRUCTING THEM HOW TO PROCEED. 

Whereas the United States in Congress assembled, on 
the twenty-sixth day of January last past, recommended to 
the Governor of this Commonwealth to cause enquiry to be 
made whether encroachments had actually been made on the 
territories of this State by the subjects of his Britannic 
Majesty, from the government of Nova Scotia : and it 
appearing that great encroachments have been made on 
the said territories : 

Resolved, That three gentlemen be appointed by the 
General Court, whose duty and business it shall be to 
repair to the eastern part of this State, and there inform 
themselves what encroachments have been made by his 
said Britannic Majesty's subjects, on the territories of 
this Commonwealth, and if they find such have been 
made, that they make representation thereof to the Gov- 
ernor of Nova Scotia, and request him in a friendly man- 
ner, and as a proof of that disposition for peace and 
harmony which should subsist between neighboring 
States, to recall from off the said territory the said 
subjects of his Britannic Majesty, so found to have 
encroached thereon ; that they receive any communica- 
tions on the said subject which may be made by the said 
Governor of Nova Scotia, and make report of their pro- 
ceedings herein to the General Court. 

Resolved, That his Excellency the Governor make a 
commission under the seal of the Commonwealth, to the 
agents to be appointed as aforesaid to transact the said 
business, and transmit to the said Governor of Nova 
Scotia, a copy of these resolves. July 7, 1784. 

Chapter 74. 

Chan 74 A GRANT 0F forty-two pounds to mr. william baker, in 

^ ' FULL TO THE 25th OF MAY LAST. 

On the petition of Mr. William Baker, praying for 

allowance for his services as messenger to the General 
Court : 

Resolved, That there be allowed and paid out of the 



1784. — May Sessiqn. 243 

treasury of this Commonwealth, to William Baker, the 
sum of Forty-two pounds, in full for his services us mes- 
senger to the General Court, to the twenty-fifth day of 

May last. July 7, 1784. 

Chapter 75. 

RESOLVE APPROVING THE LICENCES GIVEN BY THE GOVERNOR (JJidj) 75 
TO GEORGE SPOONER AND OTHERS, LATE ABSENTEES. * ' 

Whereas the Governor, with the advice of the Council, 
hath granted licence to George Spooner, John Amory, 
Thomas Oxnard, Nathaniel Chandler, Thomas Brattle, 
David Greene and Isaac Winslow, to reside within this 
Commonwealth : 

Resolved, That the licences granted as aforesaid be, 
and hereby are approved, and shall be continued in force 
until the third Wednesday of the next sitting of the 
General Court, provided the Governor with the advice 
of the Council shall judge the continuance of the persons 
above named not incompatible with the safety of the 
Commonwealth. July 7, 1784. 

Chapter 76. 

RESOLVE ON THE MEMORIAL OF WILLIAM L1THGOW, JUN. ESQ; (Jhnjj ^Q 
DIRECTING THE TREASURER TO STAY HIS EXECUTIONS J- ' 

AGAINST THE SEVERAL TOWNS IN THE COUNTY OF LINCOLN, 
FOR DEFICIENCIES IN MEN AND BEEF. 

Whereas the memorial of William Lithgow, jun. Esq; 
of the thirty-first of January, 1784, in behalf of the inhab- 
itants of the county of Lincoln, for reasons set forth in the 
said memorial, praying that the said inhabitants may be 
exempted from the payment of the tax assessed upon them 
for not procuring their respective quotas of three years and 
three and five months men for the army, amounting to the 
average price of the said respective quotas; and also for 
the deficiencies in procuring beef, is referred over to the 
next session of the General Court: 

Therefore Resolved, That the Treasurer of this Com- 
monwealth, be, and hereby is, directed to stay execution 
against the seveial towns in the said county of Lincoln , 
so far as respects their deficiencies in procuring men and 
beef, until the end of the next sitting of the General 
Court, any resolve to the contrary notwithstanding. 

July 7, 1784. 



244 1784. — May Session. 



Chapter 77. 
Chap. 77 RESOLVE DIRECTING the commissary general to make 

CERTAIN REPAIRS, REPORTED BY THE COMMITTEE, TO THE 
CASTLE IN BOSTOX HARBOUR. 

The Committee appointed to view the state of the Castle 
in Boston harbour, take leave to report that they have 
attended the service, and find the stone wall at the south- 
east part of the island (under SJiirley Battery, so called) 
in such a state as to require an immediate repair ; also a 
continuation of the said wall so far inclining to the south- 
ward as to secure a very valuable well, and the earth that 
supports the foundation of the bastion contiguous to the 
principal magazine ; otherwise, in all probability, before 
another season it will be attended with double the expence 
and- a total loss of the well : several other repairs to the 
wharves, if soon made, will prevent a considerable addi- 
tional expence. 

They also report it necessary that doors be made for 
several of the barracks that arc wanting, and that they 
be inclosed as soon as may be : 

That coverings be made for the carriages of the cannon, 
and a quantity of plank provided against another season, 
for repairing a number of carriages that are in a degree 
useless, and also a quantity of plank for platforms. 

It will be for the advantage of the Commonwealth, to 
have a low wall continued round the West Head, so called, 
to the South Point, the next year, as for want of such a 
wall great quantities of the earth have washed into the 
sea. 

The committee find all the military apparatus, excepting 
the carriages beforementioned, in exceeding good order ; 
and that the garrison consists of fifty men only, including 
non-commissioned officers and privates, which number 
have been the peace establishment for near a century, 
and a less number the committee apprehend will be inade- 
quate for the garrison ; all which is humbly submitted. 

Cotton Tufts, per order. 

Read and accepted, and 

Resolved, That the Commissary General take order that 
the necessary repairs be made to the Castle in Boston 
harbour, pursuant to the foregoing report. 

July 7, 1784. 



1784. — May Session. 245 



Chapter 78. 

GRANT OF FIFTY POUNDS TO THE COMMISSIONERS TO ASCER- Qhaj). 78 
TAIN, &c. THE BOUNDARY LINE BETWEEN THIS COMMON- l ' 

WEALTH, AND THE EASTERN PART OF THE STATE OF NEW 
YORK. 

Resolved, That there be paid out of the treasury of this 
Commonwealth, to Joseph Hawley, Timothy Edwards, 
Caleb Strong and Theodore 8edgwick x Esq'rs. the Com- 
missioners by law appointed on the part of this State, in 
con junction with Commissioners appointed on the part of 
the State of JVew York, to ascertain, run and mark the 
boundary line between this Commonwealth and the east- 
ern part of the said State of New York, the sum of Fifty 
pounds, they the above named Commissioners to be 
accountable for the expenditure thereof, in the perform- 
ance of the business aforesaid. July 7, 1784. 

Chapter 79. 

RESOLVE ON THE PETITION OF ELIHU GIFFORD, TO NOTIFY CllCtT). 79 
JOHN BEAN TO APPEAR ON THE SECOND THURSDAY OF THE 2 ' 

NEXT SESSION OF THE GENERAL COURT TO SHEW CAUSE. 

On the petition of Elihu GiflFord, praying for relief in 
John Bean's action against him: 

Resolved, That the petitioner notify the said Bean to 
appear on the second Thursday of the next session of the 
General Court, by serving him with, or leaving at his last 
and usual place of abode, at least twenty days before the 
said time of appearance, a copy of the said petition and 
this resolve, properly attested, to shew cause, if any he 
hath, why the prayer of the petition should not be 
granted : and the execution in the said action, and all 
proceedings thereon, are stayed in the meantime. 

July 7, 1784. 

Chapter 80. 

RESOLVE ON THE PETITION OF JOSIAH MOORE, ENTITLING HIM Q/iap. 80 
TO A NEW TRIAL ON THE ACTION MENTIONED, &c. "' 

On the petition of Josiah Moore, praying for a new trial 
in an action brought </ gainst him by Edward Raymond 
and Hepzibah, his wife, administratrix on the estate of 
Jotham Bush, late of Shrewsbury, deceased, on which suit 
a judgment was recovered against the petitioner on default, 



246 1784. — May Session. 

at the Court of Common Pleas holden at Worcester, in 
and for the county of Worcester, in March, 1781, for 
reasons mentioned in the said petition : 

Resolved, That the petitioner be, and he hereby is, 
entitled to a new trial on the action aforesaid ; and the 
Justices of the said Court of Common Pleas, at their ses- 
sions to be holden at Worcester, for and within the 
county of Worcester, on the first Tuesday of September 
next, be, and they hereby are, authorized and fully 
empowered to resume the aforesaid action, take off the 
default, and proceed to a trial in the same manner as they 
legalty might on a new entry, the petitioner first serving 
the adverse party with an attested copy of this resolve, 
fourteen days at the least before the aforesaid first Tues- 
day of September next ; and that execution on the former 
judgment be staid in the mean time, any law to the con- 
trary notwithstanding. July 7, 17*4. 

Chapter 81. 

Chap. 81 RESOLVE FOR PENSIONING CAPT. JOHN SLEWMAN, AND ENTI- 
TLING HIM TO HALF PAY AS A CAPTAIN. 

Upon the representation of John Lucas, Commissar// of 
Pensioners, in behalf of Copt. John Slewman, of Col. 
Crane's regiment of artillery, wlio received a wound in the 
head at the battle of Germantown, on the fourth of Octo- 
ber, 1777, by which wound he is rendered incapable of 
following any useful employment for obtaining his support: 
Resolved, That the said Captain John Slewman be 
entitled to receive half pay as a Captain in the corps of 
artillery, from the time of his discharge from the army, 
untill the further order of Congress or the General Court 
of this Commonwealth. July 9. 17*4. 

Chapter 82. 

Chap. 82 RESOLVE FOR TRANSFERRING A COMMISSION APPOINTING 
r ' EBENEZER BRIDGE AND NATHAN DANE, ESQ'RS. TO TREAT 

WITH THE INDIANS, TO BENJAMIN LINCOLN, ESQ; AND 
OTHERS. 

Whereas the General Court, by a resolve dated the sec- 
ond day of July instant, appointed Ebenezer Bridge and 
Nathan Dane, Esq's; Commissioners to treat with the In- 
dians of the Penobscot tribe, for the purposes in the same 
resolve mentioned, since which Benjamin Lincoln, Henry 



178-1. — May Session. 247 

Knox and George Partridge, Esq'rs; hare been appointed 
Commissioners to inquire into the encroachments made by 
the subjects of the King of Great Britain, on the territory of 
this Commonwealth, and it appearing that the Commis- 
sioners last appointed van conveniently attend on the subject 
matter of both commissions: Therefore, 

Resolved, That the Commission aforesaid of the said 
Ebenezer Bridge and Nathan Dane, Esq'rs ; cease, and 
the said Benjamin Lincoln, Henry Knox and George 
Partridge, Esq'rs ; are hereby vested with all the authori- 
ties and powers which in the commission to the said 
Bridge and Dane were given to them. July 9, 1784. 

Chapter 83. 

ORDER DIRECTING THE TREASURER TO LAY AN ACCOUNT OF Qh(lp 83 
BALANCES DUE FROM COLLECTORS, &C. BEFORE THE GEN- 1 ' 

ERAL COURT, ON THE FIRST WEEK OF THE NEXT SESSION 
THEREOF. 

Ordered, That the Treasurer of this Commonwealth, 
be, and he is, hereby directed to lay before the General 
Court, in the first week of the next session thereof, an 
account of the respective balances due from the collectors 
in the several towns in the Commonwealth for taxes ; 
together with the sum total of the balance due to this • 

Commonwealth in outstanding debts and taxes, and also 
an account of the amount of the gold and silver notes, so 
called, not consolidated, and what interest may be unpaid 
thereon. 

Ordered, That the Secretary be directed to publish the 
foregoing order in Adams and Nourse's Independent 
Chronicle. July 9, 1784. 



RESOLVE ON THE PETITION OF DANIEL WITT OF PAXTOX 
REMITTING SIX HUNDRED POUNDS OF THE DEBT MEN 



Chapter 84. 

r : Chap. 81 

TIONED. 

On the petition of Daniel Witt of Paxton, shewing that 
he was prevailed on by Samuel Stearns, to be bail for 
said Samuel's appearance at the Supreme Judicial Court, 
holden at Worcester, where the said Samuel failed to 
appear, and thereby the Commonwealth hath obtained 
judgment against said Daniel for a sunt, the payment 
whereof would utterly ruin him, and that he has caused (he 



248 1784. — May Session. 

said Samuel to be apprehended and confined in the common 
goal in Worcester, and it appearing from the record of the 
said Supreme Judicial Court , that the contents of the said 
Judgment amounts to the sum of Six hundred and ninety- 
four pounds, eight shillings debt, and Six pounds, five shill- 
ings and two pence, cost : 

Resolved, That the sum of Six hundred pounds of the 
debt aforesaid, be, and hereby is remitted, and the said 
Daniel thereof discharged, and that execution be done 
only for the residue of the same judgment, viz. : for the sum 
of One hundred pounds, thirteen shillings and two pence. 
.Read, and thereupon Ordered, That the further consid- 
eration of the said petition be referred to the next session 
of this Court, and that execution be stayed in the mean 
time. July 9, 1784. 



Chapter 85. 

(Jhan 85 R ESOLVE 0N THE PETITION OF JACOB sheafe and others. 
"' INHABITANTS OF THE STATE OF NEW HAMPSHIRE, DIRECT- 

ING THE COLLECTORS OF IMPOST AND EXCISE, TO SUSPEND 
PROSECUTING THE BONDS TAKEN BY THEM. 

On the petition of Jacob Sheafe and others, inhabi- 
tants of the State of New Hampshire, praying that the 
bonds given for impost on goods imported into this Com- 
monwealth, and exported to said state of New Hampshire, 
may be cancelled: 

Resolved, That the Collectors of impost and excise in 
this Commonwealth, who may have taken bonds of any 
of the inhabitants of the State of New Hampshire, for the 
payment of the impost on goods, be, and they are, hereby 
directed to suspend prosecuting said bonds until the sec- 
ond Tuesday of the next session of the General Court, 
provided the obligor or obligors shall produce sufficient 
evidence to the said Collector or Collectors, that the goods 
so bonded, were exported whole and entire out of this 
Commonwealth, to the said State of New Hampshire. 

July 9, 1784. 



Chapter 8(5. 



Chap. 86 RESOLVE GRANTING FOUR THOUSAND POUNDS T 
1 ' MITTEE FOR EXAMINING AND PASSING ACC< 



() THE C0M- 
ACCOUNTS. 



Resolved, That there be paid out of the treasury of this 
Commonwealth, to the committee on accounts, Four thou- 



1784. — May Session. 249 

sand pounds, to enable them to pay such accounts as have 
been or may be by them examined and allowed, the said 
committee to be accountable for the expenditure of the 
same. July 9, 1784. 



M, GRANTING HIM Chap. 87 
AND FOUR PENCE, "* 



Chapter 87. 

RESOLVE ON THE PETITION OF MOSES FITCH 
FIFTEEN POUNDS, NINETEEN SHILLINGS 
TO DISCHARGE THE ACCOUNTS MENTIONED. 

On the petition and memorial of Moses Fitch, praying 
an allowance for his expence and loss of time, occasioned 
by a wound received in a battle at the White Plains, in the 
year 1776 : 

Resolved, That the prayer of the said petition and 
memorial be granted, and that there be allowed and paid 
out of the public treasury of this Commonwealth, to the 
said Moses Fitch, in full discharge of his account (includ- 
ing the doctor's bill) the sum of Fifteen pounds, nineteen 
shillings and four pence. 

And whereas there was no hospital established at the said 
White Plains at the time of the said battle, for the recep- 
tion of wounded soldiers : 

Therefore further Resolved, That the said sum of Fifteen 
pounds, nineteen shillings and four pence, be charged to 
the United States. June 26, 1784. 



Chapter 87a. 

RESOLVE ON THE PETITION OF REUBEX HINMAN, IN BEHALF (J] lt 87 A. 
OF THE TOWN OF ADAMS, DIRECTING THE COMMITTEE FOR 
THE SALE OF ABSENTEES' ESTATES IN THE COUNTY OF 
BERKSHIRE, TO EXAMINE THE CLAIMS OF THE TOWN OF 
ADAMS AGAINST THE ESTATES OF ELISHA JOXES AND JOHX 
MURRAY. 

On the petition of Eeuben Hinman, in behalf of the 
town of Adams : 

Whereas by a. resolve of the sixth of March, 1782, that 
part of the town of Adams, formerly called East Hoosuck, 
had a reasonable time allowed them in due course of law to 
establish their claims to all lands due to them, from the con- 
fiscated estates of Elisha Jones and John Murray. And 
zvhereas the time allowed the Judges of Probate to receive 
and examine the claims on the said estates is eicpired, 



250 1784. — May Session. 

which renders it impracticable for them in that way to estab- 
lish their claims: 

Resolved, That the Committee for the sale of Absentees* 
Estates in the county of Berkshire, be, and they are, 
hereby empowered and directed, previous to their mak- 
ing sale of the said estates, to examine the claims the said 
town of Adams have against the estates of JElisha Jones 
and John Murray, on account of lands reserved m the 
original grant of the said township for public uses : And 
the committee aforesaid are likewise empowered and 
directed to set off to the said town of Adams, out of the 
confiscated estates aforesaid, so much as they shall judge 
to be an equivalent for the lands for which the said town 
may in their judgment establish a legal claim against the 
estates of the said Jones and Murray. July 9, 1784. 

Chapter 88. 

Chap. 88 RESOLVE GRANTING ONE HUNDRED THIRTY-SIX POUNDS, TO 
r ' JABEZ HATCH, ESQ; LATE DEPUTY QUARTER MASTER GEN- 

ERAL, TO DISCHARGE AN ENGAGEMENT OF JOHX TORRET 
ESQ; TO AARON MIGHILL. 

Whereas the judgment which Aaron Mighill, Esq; hath 
recovered against John Torrey, Esq; late assistant 
Deputy Quarter Master General, at the Court in the 
county of Hampshire, on the last Tuesday of August last 
past, for the sum of One hundred and thirty-six pounds, 
fifteen shillings and, seven pence, was on an engagement 
made by the said John Torrey, to pay the said Aaron 
Mighill J or transportation of Continental property from 
Springfield to Claverack : 

Resolved, That there be paid out of the public treasury, 
to Jabez Hatch, Esq ; late a Deputy Quarter Master Gen- 
eral, the sum of One hundred and thirty-six pounds, fifteen 
shillings and seven pence, to be by him applied for the 
discharge of the debt abovementioned, and that the same 
be charged to the account of the United States. 

July 9, 1784. 

Chapter 89. 

Chap. 89 RESOLVE PENSIONING JEREMIAH robbins, a SOLDIER, TILL 
1 ' FURTHER ORDER. 

On (he representation of John Lucas, Commissary of 
Pensioners, in behalf of Jeremiah Robbins, a soldier, who 
v:as wounded in the service of (he United IStates: 



1784. — May Sesston. 251 

Resolved, That the said Jeremiah Robbins, be entitled 
to one eighth part of pay as a soldier, from January the 
first, one thousand seven hundred and eighty, 'till the 
further order of the General Court or Congress. 

July <>, 1784. 

Chapter 90. 

RESOLVE PENSIONING WILLIAM PARKER, A SOLDIER, 'TILL Chap. 90 
FURTHER ORDER. 

Upon the representation of John Lucas, Commissary of 
Pensioners, in behalf of William Parker, a, soldier in 
Colonel Samuel Johnson's regiment, Captain Samuel 
Johnson's company of militia, who was wounded at the 
battle of Stillwater, on the seventh of October, 1777, by 
a musket hall, in his hip: 

Resolved, That the said William Parker be allowed one 
eighth part pay as a private soldier, from the thirteenth 
day of December, 1777, the time of his discharge, until 
the further order of the General Court or the Congress. 

July 9,1784. 

Chapter 91. 

A GRANT TO THE HON. PRESIDENT OF THE SENATE AND HON. Chap. 91 
SPEAKER OF THE HOUSE, AND CLERKS OF THE SENATE AND 
HOUSE. 

Resolved, That there be granted and paid out of the 
public treasury of this Commonwealth, to the Honorable 
Samuel Adams, Esq ; President of the Senate, the sum 
of six shillings per day, for each day's attendance the 
present session of the General Court : and also to the 
Honorable Samuel A. Otis, Esq ; Speaker of the House 
of Representatives, the sum of six shillings per day, for 
each day's attendance on the General Court the present 
session, over and above their respective pay as members 
of the General Court : 

And it is further Resolved, That there be allowed and 
paid out of the public treasury of this Commonwealth, to 
Mr. Georr/e Minot, Clerk of the House of Representatives ; 
and also to Mr. William Baker, jun., Clerk of the Senate, 
the sum of Forty pounds each, in part for their services as 
Clerk of the House of Representatives and Clerk of the 
Senate, the present year. July 9, 1784. 



252 1784. — May Session. 



Chapter 92. 

Chap. 92 RESOLVE DIRECTING HOW THE MEMBERS OF THE GENERAL 
1 ' COURT SHALL BE PAID FOR THEIR ATTENDANCE THE PRES- 

ENT SESSION. 

Resolved, That the Treasurer of this Commonwealth 
be, and he is, hereby directed to pay to each member of 
the General Court, out of that part of the second moiety 
of the Continental Tax which is appropriated to the use of 
this government, two thirds of the sum due to such mem- 
ber on the pay roll, for travel and attendance, during the 
present session of the General Court, and the remaining 
sum by a certificate on a collector or constable, to be dis- 
counted or paid out of the same tax appropriated as 
aforesaid. July 9, 1784. 



Chapter 93. 

Chap. 93 RESOLVE FOR printing two thousand six hundred of 

1 ' THE SCHEDULE FOR TAKING A NEW VALUATION. 

Resolved, That there be printed Two thousand six hun- 
dred of the schedule for taking a new valuation, agreeable 
to the act passed this session for that purpose ; and the 
Secretary is hereby authorized and empowered to send 
with the valuation to each of the towns in this Common- 
wealth, a sufficient number for each town of the said 
schedules. July 9, 1784. 

Chapter 94. 

Chap. 94 RESOLVE ON THE PETITION OF THE FIRST PARISH IN BRAD- 
FORD, EMPOWERING SAMUEL TRASK, JUN. TO COLLECT 
RATES AND TAXES. 

On the petition of John Hovey, Enos Bishop and Peter 
Gage, a committee of the First Parish in Bradford, praying 
that Samuel Trask, jun. who was chosen a collector in 
March, 1783, to collect the rates and taxes of said First 
Parish, of that year, might be empowered to collect such 
rates and taxes, notwithstanding his neglecting to be sworn 
within the year for which he icas chosen: 

Resolved, That the prayer of the petition be granted, 
and that /Samuel Trash, jun. who was chosen a collector 
for the said First Parish in Bradford, for the year 1783, 



1784. — May Session. 253 

notwithstanding he was not sworn within the year for 
which he was chosen, be, and he hereby is, authorized and 
empowered to collect (upon his being sworn) all such 
rates and taxes as have been duly assessed on the inhab- 
itants of the said First Parish, within the year for which 
he was chosen, and which were committed to him to 
collect, as fully as if he had been sworn within the year 
for which he was chosen. July 9, 1784. 

Chapter 95. 

RESOLVE APPOINTING A COMMITTEE TO MAKE REPAIRS TO ChttT). 95 
THE STATE HOUSE AND THE HOUSE WHERE THE GOVERNOR 
AND COUNCIL SIT, AND GRANTING TWO HUNDRED POUNDS 
FOR THE PURPOSE. 

Resolved, That William Heath, Thomas Dawes, and 
Joseph Hosmer, Esq'rs ; be, and they are, hereby appointed 
a committee to make such repairs as they shall judge 
necessary to the State House where the General Court 
now sit ; and also to the House where the Governor and 
Council sit. 

And it is further Resolved, That there be allowed and 
paid out of the treasury of this Commonwealth, to the 
said committee, the sum of Two hundred pounds, they to 
be accountable therefor, and lay their accounts before the 
General Court for examination and allowance. 

July 9, 1784. 

Chapter 96. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF STOCK- QJiaj). 96 
BRIDGE, DIRECTING THE TREASURER TO CREDIT THE SAID 1 ' 

TOWN FOR A CERTAIN QUANTITY OF BEEF, AND TO RECALL 
HIS EXECUTION. 

On the petition of the Selectmen of Stockbvidge, praying 

for reasons set forth in said petition, that the said town 
may be credited for the whole quantity of beef required of 
them by a resolve of the General Court, passed on the 
twenty-second day o/'June, in the year 1781. 

Resolved, That the prayer of the said petition be 
granted, and that the Treasurer of this Commonwealth, 
be, and he hereby is, directed to credit the said town 
accordingly for the said quantity of beef, amounting in 



254: 1784. — May Session. 

the whole to four thousand eight hundred and seventy- 
four pounds, (two receipts for part of the same beef, 
having been lost notwithstanding) and that the said 
Treasurer be, and hereby is, directed to recall his exe- 
cution issued against the said town on account of the 
said beef. July 9, 1784. 



Chapter 97. 

CkaV 97 RESOLVE ON THE PETITION OF BENJAMIN EVANS, DIRECTING 
1 ' A NEW TRIAL IN AN ACTION BROUGHT AGAINST THE 

INHABITANTS OF SALISBURY, &c. 

On the petition of Benjamin Evans, praying that they 
may have a new trial in an action brought by Joseph 
Page and another, against the inhabitants of Salisbury, 
for reasons set forth in said petition : 

Resolved, That the prayer of the petition be so far 
granted, that the petitioner serve the adverse party, with 
an attested copy of this petition, with this order thereon, 
at least fourteen days before the second Wednesday of 
the next session of the General Court, to appear and 
shew cause (if any they have) why the prayer of said 
petition should not be granted, and in the mean time 
execution be staid thereon. July 9, 1784: 



Chapter 98. 

Chan Qft. resolve erecting Richard devens, esq; to man and 
\jitap. o FIT THE STATE yATCH< 

Resolved, That Richard Devens, Esq ; Commissary 
General of this Commonwealth, be, and he is, hereby 
directed to man and fit the State Yatch in a suitable 
manner, to receive on board the agents who have been 
appointed to ascertain the encroachments made on the 
eastern part of this Commonwealth, which yatch, so 
fitted and manned, is to attend on said agents in the 
prosecution of the business aforesaid ; and the Com- 
missary aforesaid is further directed, to provide the 
necessary stores and provisions for the agents aforesaid, 
and the crew of said yatch. July 9, 1784. 



1784. — Mat Session. 255 



Chapter 99. 



A NUMBER OF THE INHAB- (JhaV 99 
INCOLN, APPOINTING EBENE- "' 



RESOLVE ON THE REQUEST OF 

ITANTS IN THE COUNTY OF LINCOL1 
ZER BRIDGE, &u. FOR A COMMITTEE, TO REPAIR TO THE 
SEVERAL TOWNS MENTIONED, AND VIEW THEIR SITUATION 
AND REPORT. 



On the request of a number of the inhabitants in the 
county of Lincoln, in behalf of the towns of Newcastle, 
Walpole, Bristol, Waldoborough, Warren, Thomaston, 
the plantation of Sterlington, and Boothbay, praying 
that a Committee from the General Court may be sent to 
view the circumstances of the said towns, at the expence of 
the same : 

Resolved, That Ebenezer Bridge of Chelmsford, Eben- 
ezer March of Newbury, and John Hill of Berwick, 
Esq'rs ; be a Committee to repair to the said towns, as soon 
as may be, view their circumstances, and report a state of 
facts, at the next session of the General Court, the said 
towns defraying the expenses that shall be incurred in 
performing this business. July 9, 1784. 



Chapter 100. 

DEVENS, ftz 1(]A 

ESQ; COMMISSARY GENERAL, FOR REPAIRS AT THE CASTLE. ^""^'-l^ 

Whereas it appears by a report of a committee of both 
Houses made the present session, that sundry repass are 
indispensably necessary at Castle William ; which repairs, 
the Commissary General has been directed to make; and 
in order to enable the Co?nmissary General seasonably to 
compleat the said repairs: 

Resolved, That there be paid out of the public treasury 
to Richard Devens, Esq ; Commissary General, the sum 
of Three hundred pounds, to be by him applied for the 
purpose aforesaid, for which he is to be accountable. 

July 9, 1784. 

Chapter 101. 

RESOLVE ON THE PETITION OF JOSEPH DYER, GRANTING HIM (J] iar> 1()1 
TWENTY POUNDS IN SPECIE. * ' 

On the petition of Joseph Dyer, a soldier in Colonel 
Hazen's regiment, praying for an allowance of a bounty 



256 1784. — Mat Session. 



of Twenty pounds, promised to those who engaged in the 
first three years service, which bounty he has not received: 
Resolved, That the prayer of the petition be granted, 
and that there be allowed and paid to Joseph Dyer, out 
of the treasury of this Commonwealth, the sum of Twenty 
pounds in speeie notes, bearing date January first, 1777. 

July 9, 1784. 

Chapter 102. 

ChaV 102 A GRANT or 0NE HUNDRED AND FIFTY POUNDS TO THE COM- 
* ' MITTEE TO PERFORM CERTAIN DUTY IN THE COUNTY OF 

LINCOLN. 

Resolved^ That there be paid out of the public treasury, 
to the Committee appointed to perform certain duty in the 
county of Lincoln, by a resolve of the General Court, of 
the twenty-eighth of October last, the sum of One hundred 
and fifty pounds, to enable them to execute the business 
required of them by the resolves of the General Court ; 
the said Committee to be accountable for the expenditure 
of the same. July 9, 1784. 

Chapter 103. 

Chan 103 RES0LVE directing the committee for examining into 

"' THE STATE OF UNAPPROPRIATED LANDS IN THE COUNTY OF 

LINCOLN, &c. AND VESTING THEM WITH CERTAIN POWERS, 
&C. Sec. 

Resolved, That the resolve of the General Court, of the 
twenty-second of March last, so far as it includes the 
acceptance of the second clause of a report of the Com- 
mittee for examining into the state of the unappropriated 
lands in the county of Lincoln, made the nineteenth of 
the said March, be, and it is, hereby repealed. 

Resolved, That the said Committee be, and the}' are, 
hereby directed to lay out as many more townships, in 
the said county of Lincoln, besides those mentioned in 
their said report of the nineteenth of March last, as they 
can in the course of the present season ; and in such 
parts of the said county of Lincoln, as they shall judge 
most conducive to the interest of this Commonwealth ; of 
which townships they arc directed to run only the out- 
side lines, obtaining the best information within their 
power of the quality of soil, and the circumstances of 



1784. — May Session. 257 

cadi township or tract of land so laid out ; each of the 
said townships to contain six miles square, as near as may 
be; and in the admeasurement of them no allowance to 
be made for ponds, bogs or meadows, and when sold no 
allowance shall be made to the purchaser for any loss or 
deficiency on account thereof. 

Resolved, That the said Committee be, and they are, 
herehv directed and empowered to dispose of the said 
townships by them laid out as aforesaid, for the most they 
can obtain in the public consolidated securities of this 
Commonwealth, or for the notes given by the Treasurer 
thereof, to the officers and soldiers of the Continental 
Army, which may have, or shall become due in either of 
the years, 1784, 1785 or 178(5, the same to sell either at 
public auction or private sale, as to them shall appear 
most conducive to the public interest, and in the convey- 
ance .of each township, they are directed to appropriate 
Two hundred acres for the use of the Ministry, Two hun- 
dred acres for the first settled Minister, two hundred and 
eighty acres for the use of the Grammar School, and Two 
hundred acres, near the centre of the town, for the future 
disposition of the General Court. 

Resolved, That the said Committee be directed to give 
public notice as soon as may be, that the aforesaid lands 
are now laying out for sale as aforesaid ; and the said 
Committee are directed, as soon as they shall be possessed 
of due returns of the surveys, and are in a condition 
for the sale of any of the said lands, that they advertize 
the same for sale, and proceed without delay therein ; 
disposing of the said lands in greater or lesser quantities, 
as they shall judge most for the benefit of the Common- 
wealth ; and in the sale of the said lands, where they have 
been previously occupied, they are directed to govern 
themselves in the sale thereof according to the circum- 
stances of the ease ; and the said Committee are directed to 
agree upon some regular mode for the transacting the afore- 
said business, and one at least of the said Committee to 
sit in Boston, one or two days weekly, for six weeks suc- 
cessively, before the next meeting of the General Court, 
for the purpose of taking in any proposals or subscrip- 
tions : and for negociating the said business, giving public 
notice of the time and place of sitting. 

Resolved, That the said Committee be, and they are, 
hereby empowered to employ from time to time a Surveyor 



258 1784. — May Session. 

or Surveyors, with proper chainmen, in taking such sur- 
veys and plans as they shall rind necessary in the prose- 
cution of the business of their commission, the said 
surveyors and chainmen to be under oath ; and to execute 
good and sufficient deeds of the lands they shall sell, in 
pursuance of this or any former resolve; and the public 
securities for which the said lands are to be sold, and 
which they are hereby empowered to receive, the said 
Committee are directed to deliver to the Treasurer of the 
Commonwealth, taking duplicate receipts therefor, one 
of which to be lodged in the Secretary's office ; and to 
make report of their proceedings and progress herein, at 
the next session of the General Court. July 9, 1784. 

Chapter 104. 

Chan.104: REP0RT 0F A committee to consider, a transcript of a 

"'' LETTER FROM THE DELEGATES OF THIS COMMONWEALTH 

IN CONGRESS, DATED JUNE 4, 1784, DIRECTING THE SECRE- 
TARY TO TRANSMIT THE SAME TO THE DELEGATES. 

The Committee of both Houses appointed to take into 
consideration the transcript of a letter from the Delegates 
of this Commonwealth in Congress, from G. to H. with the 
papers No. Id and No. 20, accompanying the same, repoit, 

That in the opinion of the Committee, the conduct 
of the Delegates respecting a peace establishment, as 
expressed in the transcript of the letter beforementioned, 
merits the highest approbation of the Legislature : stand- 
ing armies bein^ dangerous to free States, in time of 
peace ; and that the Legislature should by an incessant 
attention, endeavour to regulate, and at all times cause 
their numerous militia to be well disciplined ; as the best 
and most proper defence of a free republic. 

The Committee are further of opinion, that as a laige 
proportion of the troops retained in the service from 
jVovember, 1783, to the time of disbanding the army, 
belonged to the Commonwealth of Massachusetts, their 
Delegates should continue their earnest applications to 
Congress, for such an allowance therefor as shall be 
equitable, all w r hich is submitted. 

Stejjhen C/toate, per order. 

Kead and accepted, and thereupon Ordered, that the 
Secretary be, and he hereby is, directed to forward to 
the Delegates of this Commonwealth in Congress, a copy 
of the foregoing report. July 9, 1784. 



1784. — May Session. 259 



Chapter 105. 

RESOLVE ON THE PETITION OF WILLIAM FOSTER AND OTHERS, ChctpA05 
LATE SOLDIERS IN COLONEL JOSEPH WEBB'S REGIMENT, L 

DIRECTING CAPTAIN SAMUEL TAT TO PRESENT AN ADDI- 
TIONAL PAY ROLL TO THE GOVERNOR AND COUNCIL. 

On (he petition of William Foster, Jesse Hopkins, Jesse 
Nichols, Samuel Teed, Nathaniel Harrod, Josiah Starnes, 
Samuel Eames, William Russel, Benjamin Lock, Jacob 
Richardson and Pomp Baldwin, praying for consideration 

for service performed as soldiers in Colonel Webb's regi- 
ment, and Captain Tay's company, raised to reinforce the 
Continental Army, in pursuance of a resolve of the legisla- 
ture, of June, 1781 : 

Whereas it appears to this Court, that the persons above- 
named did serve in the capacity a foresaid , for which ser- 
vice they have not received pay, and that they are entitled 
to compensation : 

Therefore resolved, That Captain Samuel Tay present 
to the Governor and Council, an additional pay roll, con- 
taining the names of the several persons beforementioned, 
made out in the usual manner and form, specifying each 
man's time of service, from the time of his marching from 
home to the thirty-first day of October, 1781, inclusive, 
for examination and payment ; and that the additional 
pay roll be annexed to the pay roll of the company, here- 
tofore presented and allowed. July 9, 1784. 

Chapter 106. 

RESOLVE PERMITTING THE TOWN OF WINDHAM, TO EXHIBIT Qhaj) 106 
DUPLICATE RECEIPTS OF BEEF TO THE SECRETARY, ANY ^ ' 

TIME BEFORE THE 20TH DAY OF JULY INSTANT, &c. 

Whereas by a resolve of this Court, passed the twenty- 
first of February last, the time of returning duplicate 
receipts of beef, from any town which had neglected to 
make return, was limited to the first day of this instant 
July. And whereas it appears to this Court that the 
town of Windham did transmit their duplicate receipts of 
four thousand nine hundred and ten pounds to Boston, 
some time in June last, but the bearer of the receipts either 
through mistake or neglect, did not deliver the same to the 
Secretary, till after the said limited time had elapsed, 
when the same could not be received by the Secretary. 



260 1784. — May Session. 

Resolved, That the town of Windham be permitted to 
exhibit the said duplicate receipts of beef to the Secretary, 
any time before the twentieth of July instant ; and the 
Governor and Council are hereby empowered to receive and 
examine the said receipts in the same manner, and on the 
same condition, as if the same had been exhibited before 
the first day of July instant, any resolve to the contrary 
notwithstanding. July 9, 1784. 



RESOLVES 

OF THE 

GENERAL COURT OF THE COMMONWEALTH 
OF MASSACHUSETTS: 

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUF- 
FOLK, ON WEDNESDAY THE TWENTY-SIXTH DAY OF 
MAY, ANNO DOMINI, 1784; AND FROM THENCE CON- 
TINUED, BY ADJOURNMENT, TO WEDNESDAY THE 
THIRTEENTH DAY OF OCTOBER FOLLOWING. 



1784. — October Session. 
Chapter 1. 

GRANT OF FIFTEEN POUNDS TO WILLIAM BAKER, MESSENGER (J] mr) 1 
TO THE GENERAL COURT, TO PURCHASE FUEL, &c. * ' 

Resolved, That there be paid to William Baker, mes- 
senger of the General Court, the sum of Fifteen pounds, 
out of the public treasury of this Commonwealth, to ena- 
ble him to purchase fuel for the use of the said Court, he 
to be accountable for the expenditure of the same. 

October 15, 1784. 

Chapter 2, 

RESOLVE ON THE PETITION OF ELIZABETH SXELLIXG, AUTHOR- nh ar) 9 
IZING THE JUDGE OF PROBATE, OF SUFFOLK COUNTY, TO RE- '"' 

COMMIT THE DEMAND MENTIONED. 

On the petition of Elizabeth Snelling, setting fort) h, that 
the Commissioners on the estate of Jonathan Snelling, upon 
the demand of Ezekiel Goldthwait, before them preferred, 
allowed him a large sum of money, on account of certain 
protested bills of exchange, the risk of which bills, as 
she suggests, the said Goldthwait took altogether upon him- 
self; and praying that the consideration of the premises 



262 1784. — October Session. 

may be recommitted to the former commissioners, or that 
neiv ones may be appointed, and the said request appearing 
reasonable : 

Resolved, That the Judge of Probate for the county of 
/Suffolk, be, and he hereby is, authorized and empowered, 
to recommit the .said demand of the said Goldthivait to 
the former Commissioners, to consider and report thereon ; 
their former commission being closed notwithstanding. 

October 15, 1784. 

Chapter 3. 

Cliai). 3 RES0LVE GRANTING TO REBECCA MUNRO, SIX POUNDS THREE 
^' SHILLINGS AND FOUR PENCE, FOR THE LOSS OF A HORSE. 

On the petition of Rebecca Munro, praying for allow- 
ance for the sum of Six pounds, three shillings and four 
pence, for reasons mentioned in the said petition: 

Resolved, That the prayer of the petition be granted, 
and that there be paid out of the treasury of this Com- 
monwealth, the aforesaid sum of Six pounds, three shil- 
lings and four pence, to the said Rebecca Munro, in full 
discharge of her account. October 15, 1784. 



Chapter 4. 

Chan 4 RES0LVE 0N THE p e tition of martha lee, and others, 
^ ' empowering the judge of probate, FOR ESSEX COUNTY, 

TO CAUSE A RE-EXAMINATION OF THE CLAIMS ON THE ES- 
TATE OF JEREMIAH LEE, ESQ; OF MARBLEHEAD, DECEASED. 

On the petition of Martha Lee, and others, praying that 
the Judge of Probate, in and for the county of Essex, may 
be authorized to direct the Commissioners on the estate of 
Jeremiah Lee, Esq; late of Marblehead, in the said 
county of Essex, deceased, to sit again and examine such 
further claims as may be exhibited against the said estate: 

Resolved, That the Judge of Probate, in and for the 
count}^ of Essex, be, and hereby is, authorized and empow- 
ered, to cause the Commissioners on the estate of the said 
Jeremiah Lee, Esq ; deceased, again to sit, examine and 
allow such further just claims against the said estate as may 
be exhibited ; the commission of the said Commissioners 
having expired, and returns having been made to the 
Judge of Probate, notwithstanding. October 15,1784. 



1784. — October Session. 263 



Chapter 5. 

RESOLVE ADJOURNING THE SUPREME JUDICIAL COURT, FOR (J} ia p t 5 
THE COUNTY OF ESSEX. Sf ' 

Whereas it appears that the causes, civil and criminal, 
pending in the Supreme Judicial Court, in the county of 
Middlesex, are numerous and of such importance, that the 
time limited by law (by reason of the sitting of the same 
Court at Salem, in the county of Essex, in the succeeding 
week) will be insufficient for hearing and determining the 
same: It is therefore hereby 

Resolved, That the Supreme Judicial Court, by law to 
be held at Salem, in the county of Essex, on the first 
Tuesday of November next ; and all matters and things, 
civil or criminal, now pending, or that may be pending 
therein, be, and hereby are, adjourned unto the second 
Tuesday of the same month of November, then to be held 
at Salem, within and for the said county of Essex, of which 
jurors, parties, witnesses, and all others interested or 
concerned, are to take notice and govern themselves 
accordingly. October 18, 1784. 

Chapter 6. 

RESOLVE GRANTING THE HON. GEORGE PARTRIDGE, ESQ; TWO Chap J) 
HUNDRED AND THIRTEEN POUNDS EIGHT SHILLINGS AND 
TWO PENCE, IN FULL OF HIS ACCOUNT OF SERVICE AND 
EXPENCE AS A DELEGATE AT CONGRESS, TO THE 29TH OF 
JUXE, 1784. 

The committee to whom tvas committed the accounts of 
the Hon. George Partridge, Esq; for his exjjenditures 
and attendance as a Delegate for this Commonwealth at 
Congress, have attended that service, and find the several 
articles therein charged properly vouched, the account right 
cast, and the balance in his furor to be Two hundred and 
thirteen pounds, eight shillings and tiro-pence : Therefore, 

Resolved, That there be paid out of the treasury of this 
Commonwealth, to the Hon. George Partridge, Esq ; the 
sum of Two hundred and thirteen pounds, eight shillings 
and twopence, in full discharge of his expenditures and 
attendance as a Delegate for this Commonwealth at Con- 
gress, from the first day of November, 178o, to the twenty- 
ninth day of June, following, both days inclusive, (and 
after deducting Lord's days) making two hundred and 
eight days. October 20, 1784. 



264 1784. — October Session. 



Chapter 7. 

Chap. 7 RESOLVE GRANTING TEN POUNDS TO JOHN TUDOR, ESQ; IN 
FULL OF HIS ACCOUNT OF WHARFAGE, &c. 

On the petition o/*John Tudor, Esq: 

Resolved, That there be paid out of the public treasury, 
the sum of Ten pounds, to John Tudor, Esq ; in full of his 
account, for wharfage and dockage of the ship John, men- 
tioned in his petition. October 20, 17*4. 



Chapter 8. 

Chap. 8 RESOLVE ON THE PETITION OF JOHN NOTES, ESQ; IN BEHALF 
OF EAST SUDBURY, DIRECTING THE TREASURER TO CREDIT 
SAID TOWN, THIRTEEN POUNDS SEVENTEEN SHILLINGS AND 
ONE PENNY, A FINE FOR NOT SENDING A REPRESENTATIVE, 
IN 1783. 

On the petition of John Noyes, Esq; in behalf of the 
town of East Sudbury, praying that a fine laid on said 
town in the year 1783, for not sending a representative in 

the year 1782, be abated: Therefore, 

Resolved, That the prayer of the said petition be so far 
granted, as that the Treasurer of this Commonwealth is 
hereby authorized and directed, to credit the said town of 
East Sudbury , the sum of Thirteen pounds, seventeen shil- 
lings and one penny, on the last State tax, granted in the 
year 1783, that sum being the amount of one half of the 
fine laid upon the said town of East Sudbury. 

October 21, 17 84. 

Chapter 9. 

Chap. 9 GRANT OF FOUR THOUSAND POUNDS TO THE COMMITTEE ON 
1 ACCOUNTS. 

Resolved, That there be paid out of the treasury of this 
Commonwealth to the Committee on accounts, Four thou- 
sand pounds, to enable them to pay such accounts as have 
been or may be by them examined and allowed, the said 
Committee to be accountable for the expenditure of the 
same. October 21, 1784. 



178J:. — October Session. 265 



Chapter 10. 

REPORT ON THE GOVERNOR'S MESSAGE RESPECTING EN- Chap. 10 
CROACHMENTS, AND REQUESTING HIM TO PURSUE THE r 

MEASURES RECOMMENDED BY CONGRESS THE 29th JANUARY 
LAST. 

The Committee of both houses, appointed to take into 
consideration his Excellency's message of the 20th 
instant, with the papers accompanying the same, have 
attended the service and report, That in the opinion of 
the Committee the report of the Commissioners so far as 
relates to the encroachments made by British subjects on 
the territories of the Commonwealth of Massachusetts, 
be accepted, and that his Excellency the Governor be 
requested immediately to pursue the measures recom- 
mended by Congress, the 29th of January last, respecting 
the same ; all which is humbly submitted. 

William Heath, per order. 

In Senate, read and accepted, and thereupon 
Ordered, That his .Excellency the Governor be requested 
accordingly. 

In the House of Representatives, read and concurred. 

October 21,1784. 



Chapter 11.; 

RESOLVE GRANTING DAVID ALLEY ONE POUND NINETEEN 
SHILLINGS AND NINE PENCE HALF-PENNY. 

On the petition of David Allen, praying for a compen- 
sation for his service as a soldier in the defence of the 
State of Rhode Island, in 1781 : 

Resolved, That there be paid out of the public treasury, 
to the said David Allen, the sum of one pound, nineteen 
shillings and nine-pence two-farthings, in full for his 
service as a soldier, in Capt. Abraham Washburn's com- 
pany, and Colonel Theophilus Cotton's regiment, that 
marched for the defence of Rhode Island, in March, 
A. I). 1781; it appearing to this Court that the said 
David Allen was omitted in the. said Capt. Abraham 
Washburn's State pay roll for the service aforesaid. 

October 22, 1784. 



Chap. 11 



266 1784. — October Session. 



Chapter 12. 

CkaV. 12 RESOLVE ON THE PETITION OF SAMUEL HUSTON, DIRECTING 
^' THE COMMISSARY GENERAL TO SUPPLY CERTAIN ARTICLES 

ANNUALLY FOR THE LIGHT HOUSE ON THATCHER'S ISLAND, 
AND GRANTING FIFTY POUNDS FOR THAT PURPOSE; ALSO A 
GRANT OF ONE HUNDRED AND TWENTY POUNDS TO SAID 
HUSTON, FOR HIS SERVICES, AND ESTABLISHING HIS PAY 
AND ASSISTANTS. 

On the petition and memorial of Samuel Huston, 
keeper of the light houses on Thatcher's Island : 

Resolved, That the Commissary General of this Com- 
monwealth be, and he hereby is, directed to supply fhe 
said Samuel Huston with the following articles, for the 
necessary repairs and use of the said light houses, viz.: 
One hundred squares of glass, one hundred pounds weight 
of putty, two tin flasks, two iron kettles, sixty bushels of 
charcoal, twelve cords of wood, one hundred pounds 
weight of candles, and fifty pounds weight of cotton. 

Be it further resolved, That from the second of this 
instant, October, the supplies for the said light houses 
annually be as follows, viz. : Charcoal, sixty bushels, wood, 
twenty-five cords, cotton, fifty pounds, and oil in such 
quantities as from time to time shall be found necessary. 

Be it further resolved, That there be allowed and paid 
to the keeper of the said light houses for the time being, 
for himself and two assistants, One hundred and twenty 
pounds per annum ; and also that he have and be allowed 
the profits arising from the improvement of the island on 
which the light houses stand. 

Be it further resolved, That there be paid out of the 
treasury of this Commonwealth to Samuel Huston, in 
full for his services as keeper of the said light houses, 
and that of his assistants, to the second day of October 
current, One hundred and twenty pounds. 

Be it further resolved, That there be paid out of the 
treasury of this Commonwealth to Richard Devens, Esq ; 
Commissary General, to enable him to furnish the several 
articles enumerated in the first of these resolves, Fifty-six 
pounds, he to be accountable for the expenditure of the 
same. 

Resolved, That the Commissary General be, and he is 
hereby directed, annually, to supply the several articles 
in the second resolve mentioned. October 22, 1784. 



1784. — October Session. 267 



Chapter 13. 

RESOLVE EMPOWERING THE ASSESSORS OF THE DISTRICT OF CJlClJ). 13 
CARLISLE, TO ASSESS UPON THE INHABITANTS OF THAT 
PART OF THE SAID DISTRICT TAKEN FROM THE TOWN OF 
ACTON, THEIR JUST PROPORTION OF ALL DEBTS DUE, &c. 

Whereas in and by the act for incorporating the District 
of Carlisle, provision was made that the inhabitants of the 
said District should pay their full proportionable part of 
all public debts which were then due from the respective 
towns from luhicJt the said District was taken; and wliereas 
all the inhabitants of the said District, except those taken 
from the town of Acton, have paid their proportion of the 
debts then due from the towns from which they were respect- 
ively taken; and it being unjust that the whole District 
should be assessed for any part of the debts due from the 
town of Acton, at the time of the incorporation of the said 
District; Therefore 

Resolved, That the assessors of the district of Carlisle 
be, and they hereby are, empowered and directed to 
assess upon the inhabitants of that part of the said Dis- 
trict which was taken from the town of Acton, their just 
proportion of all the debts that were due from the said 
town of Acton, at the time the District of Carlisle was 
incorporated, with the interest that shall be due when the 
assessment was made, according to the polls and estates 
for which they were respectively taxable at that time. 

Provided, That where any person that was an inhabitant 
of that part of Carlisle set off from the town of Acton, at 
that time, has removed out of that part of said District, 
and any other person now occupies the farm or tenement 
from which such person removed ; in such case the person 
now occupying such farm or tenement shall be assessed 
for his real estate, and that only, and the said assessors of 
the said District, are hereby directed to annex a warrant 
to said assessment in due form of law, for the collection 
of the same. October 22, 1784. 



Chapter 14. 

ORDER INSTRUCTING THE DELEGATES IN CONGRESS FROM 
THIS STATE, RESPECTING GOLD AND SILVER COIN. 

Ordered, That the Delegates in Congress for this Com- 
monwealth be, and they hereby are, instructed to move, as 



Chap. 14 



268 1784. — October Session. 

soon as may be, to Congress, to take under consideration 
the state of foreign gold and silver coin, the rate at which 
they ought to pass throughout the United States ; and to 
recommend to the several States in the Union to settle 
conformable thereto, the rates at which the same shall 
pass in their respective States. October 23, 1784. 



Chap. 



Chapter 15. 

15 RESOLVE ON THE PETITION OF MOSES LITTLE, ESQ; EMPOW- 
ERING THE JUSTICES OF THE SUPREME JUDICIAL COURT TO 
EXAMINE A JUDGMENT ENTERED AT THE COURT OF COM- 
MON PLEAS, AT IPSWICH; AND TO GIVE JUDGMENT, NOTI- 
FYING LAWRENCE FURLONG. 

On the petition of Moses Little, Esq; 

Resolved, That the Justices of the Supreme Judicial 
Court, be and they hereby are, empowered at their next 
term, holden in the county of Essex, to examine a judg- 
ment entered at the Court of Common Pleas, at Ipswich, 
on the first Tuesday of April last past, wherein the said 
Moses was plaintiff, and Lawrence Furlong, of Newbury 
Port, defendant ; from which judgment the said Lawrence 
appealed to the then next Supreme Judicial Court, holden 
at the said Ipsioich, on the third Tuesday of June last 
past, when the same judgment was affirmed ; and to 
rectify any error or mistake which may appear to have 
been made in rendering either of the said judgments, and 
to give judgment for what shall appear to be justly due, 
he, the said Moses, giving the said Lawrence or his attor- 
ney notice of this resolve ; and the said Justices admitting 
the said Lawrence to have day in Court, and to defend 
the said suit in the same manner he might have done if he 
had entered his said appeal at the said Supreme Court. 

October 23, 1784. 



Chapter 16. 

Chan 16 RES0LVE 0N THE petition of Robert hooper, esq ; direct- 

"' ING THE AGENTS ON ABSENTEES ESTATES, IN THE COUNTY 
OF ESSEX, TO POSTPONE THE SALE OF THE REAL ESTATE 
OF JOSEPH HOOPER, UNTIL FURTHER ORDER. 

Resolved, That the agents appointed to make sale of the 
estates of absentees, in the county of Essex, be, and 
hereby are, directed to postpone the sale of the real estate 
of Joseph Hooper, until the further order of this Court. 

October 23, 1784. 



178:1. — October Session. 269 

Chapter 17. 

RESOLVE ON THE PETITION fOF LEVI RAWSON, PERMITTING ChctV. 17 
HIM TO RE-ENTER HIS ACTION, AND STAYING EXECU- 1 ' 

TION, &c. 

Whereas if appears to this Court, that Jabez Metcalf 
recovered judgment against Levi Rawson, at the Court of 
Common Pleas for the county of Suffolk, on the third 
Tuesday of April last, for the sum of Two hundred and 
seventy-nine pounds, with cost, the said Levi not having 
had notice of the suit in due form of law: Wherefore, 

Resolved, That the execution which has issued on the 
said judgment, be staved, and that the said Rawson have 
leave to re-enter the aforesaid action at the next Court of 
Common Pleas, to be held at Boston, within and for the 
county of Suffolk, on the first Tuesday of January next, 
when the same proceedings shall be had on the said action, 
as if the same had been regularly continued to the 
said term, without any default of the defendant being- 
entered on record or judgment given thereon. Provided, 
The said liaicson give notice to the said Metcalf, fourteen 
days before the sitting of the said Court, by serving him 
with an attested cop}^ of this resolve. October 25, 1784. 

Chapter 18. 

RESOLVE ON THE PETITION OF ABRAHAM WATSON, ESQ; Q^nj) 18 
EMPOWERING THE JUSTICES OF THE SUPREME JUDICIAL ^ ' 

COURT TO EXAMINE A CERTAIN ERROR OF JUDGMENT, 
MADE BY THE CLERK OF THE PLEAS, FOR THE COUNTY OF 
MIDDLESEX. 

On the petition of Abraham Watson, Esq; praying that 
an error in a judgment in his favour, against John Geary, 
may be rectified: 

Resolved, That the Justices of the Supreme Judicial 
Court, at a Court to be by them holden at Cambridge, 
within and for the county of Middlesex, on the fourth 
Tuesday of October instant, be. and hereby are, authorized 
and empowered on complaint to them made by the said 
Watson, to examine into and correct any error or mis- 
prison that has arisen or been made by the Clerk of the 
Court of Common Pleas, for the said county, in certify- 
ing the copies of the record of a judgment of the Common 
Pleas of the said county, holden at Concord, on the second 



270 1784. — October Session. 

Tuesday of March last past, wherein the said Abraham 
Watson, as administrator, was plaintiff, against the said 
John Geary, of Stoneham, in the same county, on a note 
of hand, dated the twenty-third day of February, 1771, 
and to render judgment for any further sum that may 
appear to be justly due to the said Watson, in his said 
capacity, from the said Geary, and to issue execution 
thereon accordingly. Provided, It shall appear to the 
said Justices that the said Geary shall have had reasona- 
ble notice of this resolve. October 23, 17S4. 

Chapter 19. 

Chat) 19 RES0LVE 0N THE PETITION OF SUPPLY CLAP, AGENT FOR 
"' MERCHANTS AT PORTSMOUTH, REFERRING SAID CAUSE TO 

THE NEXT SESSION OF TFIE GENERAL COURT. 

Resolved, That the impost officers for the county of 
Suffolk, and for the county of Essex, be, and they are, 
hereby respectively directed not to prosecute the bonds 
given by John Langdon, Esq; and others, for duties on 
goods imported by them, as mentioned in the petition of 
Supply Chip, their agent, until the third Wednesday of 
the next sitting of the General Court. Ordered, That 
the further consideration of said Clap's petition, and 
of the petition of John Langdon, Esq ; therein referred 
to, together with the papers accompanying them, be 
referred to the next sitting of the General Court. 

October 23, 1784. 



Chaj) 



Chapter 20. 

, 20 RESOLVE DISCHARGING THE TOWN OF HOLLISTON OF ONE- 
THIRD PART OF THEIR FINES, FOR NOT SENDING A REPRE- 
SENTATIVE IN THE YEARS 1781 AND 1782. 

On the petition of the Selectmen of the town o/* Holliston, 
praying for an abatement of the fine laid on the said town 
of Holliston, for not sending a Representative to the Gen- 
eral Court of this Commonwealth, in the years 1781 and 
1782, for reasons set forth in the said petition : 

Resolved, That the town of Holliston be discharged of 
one third part of the said fines, viz. : Eifteen pounds, nine 
shillings and five pence ; and that the Treasurer of this 
Commonwealth be directed to discharge the town of J/oI- 
liston, in the last tax act, the said sum accordingly. 

October 26, 1784. 



1784. — October Session. 271 

Chapter 21. 



VE GRANTING COL. JOHX ALLAN THREE HUNDRED AND Cktl)). 21 
.TY-FOUR POUNDS, FIFTEEN SHILLINGS AND EIGHT- 2 ' 



RESOLY 
FOR] 

PENCE, BEING A BALANCE DUE TO HIM AS SUPERINTEN- 
DANT OF INDIAN AFFAIRS. 

Resolved, That there be paid out of the public treasury 
of this Commonwealth to John Allan, Esq; late Superin- 
tendant of the Indians, in the Eastern Department, the 
sum of Three hundred and forty-four pounds, fifteen shil- 
lings and eight pence, being the balance due to him on 
his accounts settled, the same to be charged to the United 
States. October 2d, 17 Si. 

Chapter 22. 

RESOLVE ON THE PETITION OF PAUL DUDLEY SAEGEXT, Q^aD 22 
EMPOWERING THE COMMITTEE ON THE SUBJECT OF THE -* ' 

UNAPPROPRIATED LANDS IN THE COUNTY OF LIXCOLX, TO 
SURVEY THE ISLANDS MENTIONED, AND TO CONVEY THE 
SAME BY DEED TO THE SAID SARGEXT. 

On the petition of Paul Dudley Sargent, praying that 
a small cluster of islands lying in Miss Peckey Keach, so 
called, man be surveyed, appraised and grantedto him and 
his associates: 

Resolved, That the Committee appointed the 28th of 
October, 1783, on the subject of the unappropriated lands 
in the county of Lincoln, be appointed and empowered 
to contract with and employ a trusty and accurate sur- 
veyor, with proper assistance, being rirst sworn to survey 
the said islands (being three or four in number, the larg- 
est of which hath been commonly called Rogue's Island) 
and to return an accurate plan thereof, with a fair descrip- 
tion of the quantity, quality and situation of the lands of 
the said islands, and to convey the same by deed to the 
said Sargent, and such other persons as may agree 
together to become purchasers thereof, upon such terms 
as the said committee shall think for the interest of the 
Commonwealth. October 26, 1784. 

Chapter 23. 

RESOLVE ON THE PETITION OF JAMES SWAX, AUTHORIZING (JJi a r) 23 
THE COMMITTEE ON THE SUBJECT OF UNAPPROPRIATED "' 

LANDS, IN THE COUNTY OF LIXCOLX, TO HAVE SURVEYED 
A CERTAIN TRACT OF LAND, AND TO SELL THE SAME TO 
SAID SWAX. AND IN CASE. 

Resolved, That the Committee appointed by a resolve 
of October 28. 1783, on the subject of the unappropriated 



272 1784. — Octobek Session. 

lands, in the county of Lincoln, or a major part of them, be, 
and they are, hereby authorized and directed to contract 
with and employ an accurate and trusty surveyor, to sur- 
vey Burnt Coat Island, (so called) in the county of Lin- 
coln, with directions to return to them the quantity and 
quality thereof, and upon receiving such return to sell 
the same to James Swan, Esq ; who hath applied to pur- 
chase it for such price as they shall judge the said island 
to be worth ; and in case they cannot agree on terms, the 
said Committee, or a major part of them, are directed to 
dispose of the same at public sale, or in such other way 
as they shall think will best serve the interest of the 
Commonwealth. October 26, 1784. 



Chapter 24. 



Chan 24 RES0LVE directing 

V' IDATING GOVERN 



THE TREASURER TO CONTINUE C0NS0L- 
MENT SECURITIES TO MARCH NEXT. 

Resolved, That the Treasurer be, and he hereby is, 
authorized and directed to continue the business of con- 
solidating Government Securities, until the first day of 
March next, and on the same terms as heretofore pro- 
vided. October 27, 1784. 

Chapter 25. 

Char) 25 RES0LVE directing the attorney general to defend 

*■ ' SUITS, &c. IN CERTAIN CASES, RELATIVE TO CONFISCATED 

ESTATES. 

Resolve empowering and directing the Attorney General, 
on behalf of the Commonwealth, to prosecute and defend 
suits, brought or to be brought, touching confiscated estates. 

Whereas act inns lately have been, and may hereafter be 
brought for the recovery of confiscated estates or property, 
wherein it may be necessary for the Commonwealth to 
appear and defend the titles of their grantees to such 
estates : 

Resolved, That the Attorney General of this Common- 
wealth be, and he hereby is, empowered and directed in 
all cases where any action is depending, or may hereafter 
be brought in any court of law in the said Commonwealth, 
for the recovery of any confiscated estate or property, 
wherein the title of any owner or possessor thereof, claim- 
ing under the sale and warranty of the Commonwealth, 
shall come in question, or for the reversal of any judg- 
ment of* confiscation, to appear on behalf of the said 



1784. — October Session. 273 

Commonwealth as attorney thereof, whenever it may be 
expedient for the same Commonwealth to appear, prose- 
cute or defend as vouchers or otherwise ; with full power 
in the name of the Commonwealth, to plead and pursue 
to final judgment and execution, and to brine forward and 
prosecute to final judgment, any action or judicial process 
that shall be necessary to determine in whom the right 
and title to any such estate or property are, with power 
to substitute one or more attorneys under him for any of 
the purposes aforesaid. October 28, 1784. 



Chapter 26. 

RESOLVE ON THE PETITION OF RICHARD DEVENS, AND OTHERS, Chan. 26 
EMPOWERING THE JUDGE OF PROBATE FOR THE COUNTY OF I ' 

WORCESTER, TO PROLONG THE TIME FOR RECEIVING THE 
CLAIMS ON THE ESTATE OF WILLIAM HARRIS. 

On the 'petition of Richard Devens, William Conant, 
John Austin, cutd Thomas Fessenden, representing that 
they were not knowing to the appointment of Commissioner* 
on the claims of the creditors of the estate of William Har- 
ris, late of Sterling, in the county of Worcester, deceased, 
and praying the Judge of Probate for the said count;/, 
may be empowered to grant a further time for the said 
purpose: 

Resolved, That the said petition be so far granted, as 
that the Judge of Probate be, and he hereby is, authorized 
and empowered to lengthen out the time for the Commis- 
sioners to sit, for the purpose of receiving the claims of 
the several creditors to the estate of the said Willie in 
Harris. October 29, 1784. 



Chapter 27. 

RESOLVE ON THE PETITION OF JOHN ROWE, ESQ; EMPOWERING Chef)) 27 
THE JUDGE OF PROBATE FOR THE COUNTY OF MIDDLESEX, * ' 

TO AUTHORIZE COMMISSIONERS TO RE-EXAMINE THE CLAIMS 
OF SAID ROWE, AGAINST THE ESTATE OF DAVID PHIPPS, 
ESQ; AND TO CERTIFY THE SAME. 

On the petition of John Rowe, Esq; representing that 
he has a just claim against the estate of David Phipps, 
Esq; late of Cambridge, an absentee, and that he had no 



274 1784. — October Session. 

notice of the reappointment of Commissioners on the claims 
against the said estate : 

Resolved, That the Judge of Probate for the county of 
Middlesex be, and he hereby is, authorized and empowered 
to authorize Commissioners to re-examine the claims of 
the said John Howe, Esq ; against the said estate, in the 
same manner as if the same had been timely presented 
for re-examination ; and if the said claim shall be found 
just and reasonable, the said Judge of Probate is hereby 
directed to certify the same to the Governor and Council, 
who are hereby authorized to granfc a warrant for the 
same on the treasury, to be paid out of the proceeds of 
said PA^pps's estate. October 29, 1784. 

Chapter 28. 

Chan 28 RES0LVE 0N THE petition of david tilden, empowering 

1 ' HIM TO ENTER A COMPLAINT FOR THE AFFIRMATION OF A 

JUDGMENT RECOVERED AGAINST STEPHEN MAYNARD, AT 
THE SUPREME JUDICIAL COURT. 

On the pel if ion of David Tilden, administrator of the 
estate o/"Kuth Parrot, praying leave to enter his com plaint 
at the Supreme Judicial Court, now holden at Cambridge, 
within and for theeounty of Middlesex, for the affirmation 
of a judgment recovered, by the said David, against Stephen 
Maynard, of VVestboro', gentleman, at the Court of Common 
Pleas, held at Worcester, on the second Tuesday of June 
last, on the default of the said, Maynard, which complaint 
was omitted to be entered at the Supreme Judicial Court, 
held at Worcester, within and for the county of Worces- 
ter, on the third Tuesday of September last: 

Iiesolved, That the said Da rid be, and he is, hereby 
empowered to enter a complaint for the affirmation of the 
said judgment at the Supreme Judicial Court, now holden 
at Cambridge, within and for the county of Middlesex. 
Provided, That the said David give the said Maynard 
notice thereof, and that the defendant be not subjected to 
any greater costs than if the said judgment had been 
affirmed at the Supreme Judicial Court, for the county 
of Worcester, and the Justices of the said Supreme Judi- 
cial Court are hereby authorized to take cognizance of the 
same complaint, as if the same had been entered at the 
term to which the appeal was made. October 30, 1784. 



1784. — October Session. 275 



Chapter 29. 

RESOLVE ON THE PETITION OF DANIEL WITT, OF PAXTON, RE- (JJiap 29 
M1TTING SIX HUNDRED POUNDS, AND EXECUTION TO BE DONE * ' 

ON THE RESIDUE OF THE JUDGMENT MENTIONED, FOR ONE 
HUNDRED POUNDS, THIRTEEN SHILLINGS AND TWO PENCE. 

On the petition of Darnel Witt, o/Taxton, shewing that 
he was prevailed on by Samuel Stearns, to be bail for the 
said Samuel, his appearance at the Supreme Judicial 
Court, holden at Worcester, when the said Samuel failed 
to appear, and thereby the Commonwealth hath obtained 
judgment against the said Darnel for a sum, the payment 
whereof would utterly ruin him; and that he has caused 
the said Samuel to be apprehended and confined in the 
common goal in Worcester, and it appearing from the 
record of the said Supreme Judicial Court, that the con- 
tents of the said judgment amounts to the sum of six hun- 
dred and ninety-four pounds, eight shillings debt, and six 
pounds, jive shillings and two pence costs: 

Resolved, That the sum of six hundred pounds of the 
debt aforesaid, be, and hereby is, remitted and the said 
Daniel thereof discharged, and that execution be done 
only for the residue of the same judgment, viz. : For the 
sum of one hundred pounds, thirteen shillings and two 
pence. October 30, 1784. 



Chapter 30. 

RESOLVE GRANTING A PENSION TO JUDE FOSTER. 

On the representation of John Lucas, Commissary of 
Pensioners, in behalf of Jude Foster, a corporal, in 
Colonel Asa Whitcomb's regiment, wounded in the ser- 
vice of the United States: 

Resolved, That the said Jude Foster be entitled to half 
pay, from the first of January, one thousand seven 
hundred and seventy-seven, till the further order of the 
General Court or Congress. October 30, 1784. 



Chap. 30 



Chapter 31. 

RESOLVE ON THE PETITION OF SOLOMON FREEMAN, ESQ; IN Qhtt}) . 31 
BEHALF OF SAMUEL COOK, ONE OF THE COLLECTORS OF 1 

EASTTTAM, DIRECTING THE TREASURER TO RECEIVE THE 
SUM MENTIONED IN CONTINENTAL- BILLS. 

On the petition of Solomon Freeman, Esq; in behalf 
of Samuel Cook, one of the Collectors in the toivn o/East- 



270 1784. — October Session. 

ham, for the year 1780, setting forth the loss said Collector 
is likely to sustain, by means of the late Treasurer Gard- 
ner's mistake in refusing to receive of the said Cook, a 
sum of old Continental money, when offered for taxes, 
agreeable to a resolve of the General Court, passed July 6, 
1781, and praying relief: 

Resolved, That the Treasurer of this Commonwealth 
be, and hereby is, directed to receive of the abovesaid 
Collector, in Continental bills, the sum of Twenty-eight 
hundred and fifty- one pounds, four shillings, and give the 
said Collector a discharge for the said sum ; any law or 
resolve to the contrary notwithstanding. 

November 1, 1784. 



Chapter 32. 

Chan 32 RES0LVE 0N THE petition of solomon thayer, granting 

-* * NINE POUNDS, FIFTEEN SHILLINGS AND EIGHT PENCE; AND 

TO SOLOMON BLANCHARD, EIGHT POUNDS, EIGHTEEN SHIL- 
LINGS AND EIGHT PENCE, FOR SERVICE AT RHODE ISLAND. 

On the petition of Solomon Thayer, corporal, and Solo- 
mon Blanchard, a private, representing that they had 
served for the space of five months, in a detachment for 
the defence of Khode Island, in Capt. De Guiscard's com- 
pany, in 1781 ; that they had not been made up in the 
said Captains pay roll, and praying that they may be 
paid for their service: 

Resolved, That there be allowed and paid out of the 
public treasury, unto Solomon Thayer, the sum of Nine 
pounds, fifteen shillings and eight pence ; and to Solomon 
Blanchard, Eight pounds, eighteen shillings and eight 
pence, in full for their services. November 1, 1784. 



Chapter 33. 

Chap. 33 GRANT ° F SIX pounds to benjamin stebbins, for taking 

1 ' UP A DESERTER. 

On the petition of Benjamin Stebbins : 
Resolved, That there be paid out of the public treasury, 
to Benjamin Stebbins the sum of Six pounds, for taking 
up Stephen Ward, a deserter from the Continental army. 

November 1, 1784. 



1784. — Octobek Session. 277 

Chapter 34. 



ON THE PETITION OF BILDAD FOWLER, EMPOWER- (J/, ai) \\ j 
IE JUSTICES OF THE SUPREME JUDICIAL COURT, AT * ' 



RESOLVE 
ING THE 

THE NEXT SPRINGFIELD COURT, IN THE COUNTY OF HAMP- 
SHIRE, TO RE-ENTER THE ACTION MENTIONED. 

Resolved, That the Justices of the Supreme Judicial 
Court be, and they hereby are, authorized and empowered, 
at their next term, in the county of Hampshire, to permit 
Bildad Fowler to re-enter an action of review, entered 
by the said Bildad, before the Superior Court of Judica- 
ture, on the fourth Tuesday of September, 1773, against 
Matthew Noble, executor of Matthew Noble, late of West- 
field, deceased ; and to receive the report of the referees 
that were appointed by the said Court thereon, and to 
give the parties a day in Court, in the same manner they 
would have had if no discontinuance therein had taken 
place, and to enter up judgment and issue execution 
accordingly ; he the said Bildad giving notice to the said 
Matthew hereof, fourteen days before the next sitting 
of the said Supreme Judicial Court, by serving him with 
an attested copy of this resolve. November 2, 1784. 



Chapter 35. 

RESOLVE ON THE PETITION OF JOSIAH JORDAN, GRANTING CJ ia7} ^5 
HIM TWENTY-EIGHT POUNDS, FOURTEEN SHILLINGS, IN * ' ' 

NOTES, WITH DIRECTIONS TO THE TREASURER TO POST 
UP IN HIS OFFICE THE CHECK AND NUMBER OF THE NOTES 
OBTAINED BY THE FORGED ORDER. 

On the petition of Josiah Jordan, a soldier in Col. 
Crane's regiment, setting forth, that he drew an order on 
the Treasurer of this Commonwealth, for ivhat was due to 
him from the lUh of March, 1777, to the \Uh of March, 
1780, in favour of sergeant Howes, which was presented 
for payment, but by a certificate from John Furnass, Esq; 
it appears that the wages due as aforesaid, to the amount 
of Twenty-eight pounds , fourteen shillings, was paid to one 
Uriah Remington, on an order forged by the name of the 
aforesaid Josiah Jordan ; the fact appearing to (his Court 
Therefore, 

Resolved, That there be paid out of the treasury of this 
Commonwealth to Josiah Jordan, the sum of Twenty-eight 



278 1784. — October Session. 

pounds, fourteen shillings, in notes, payable at the same 
period as other soldiers are; 

Ordered, That the treasurer be, and he hereby is, 
directed to post up in his office, the check and number 
of the aforesaid notes obtained by the forged order ; and 
when offered for payment, or any part thereof, to retain 
the same in his hands, so as the offender may be brought 
to justice. November 1, 17S4. 

Chapter 36. 

Chan. 36 resolve abating all the taxes assessed on the town 

7 * OF SHERBURNE, {NANTUCKET) PREVIOUS TO JUNE, 1784, 

EXCEPT ONE THOUSAND TWO HUNDRED AND TWENTY 
POUNDS LAID ON SAID TOWN IN MARCH, 1783; FOR WHICH 
THE TREASURER IS DIRECTED TO ISSUE HIS WARRANT. 

Resolved, That all the public taxes which have been 
assessed or apportioned upon the town of Sherburne, on 
the island of Nantucket, previous to the first day of June 
last, and which remain unpaid, be, and hereby are, abated, 
except the sum of Twelve hundred and twenty pounds of 
the said town's proportion of the tax granted in March, 
1783, for the use of this Commonwealth : and the Treas- 
urer is hereby directed to issue his warrant to the Asses- 
sors of the said town of Sherburne for the assessment of 
the said sum accordingly. November 2, 1784. 

Chapter 37. 

Chan. 37 RESOLVE ON THE PETITION OF DANIEL WRIGHT, FOR LOSS OF 
1 ' A SLOOP ON THE EXPEDITION TO PENOBSCOT, IN 1779. 

On the petition of Daniel Wright, praying thai he may 
be allowed and paid for a certain sloop which was his 
property, and was taken from him by Capt. Johnson, of 
the armed brigantine Pallas, and employed on the expedi- 
tion at Penobscot, and was afterwards destroyed with the 
rest of the vessels on that expedition : 

Resolved, That there be paid out of the treasury of this 
Commonwealth to the said Daniel Wright, the sum of 
Two hundred pounds, (being the value of the said sloop 
at the time of her being destroyed) in such way and 
manner as other persons, whose vessels were lost or 
destroyed in the expedition against Penobscot, are paid, 
agreeable to a resolve of the General Court, passed the 
28th of January, 1782. November 2, 1784. 



1784. — October Session. 279 



Chapter 38. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE 
OF COXHALL, IN THE COUNTY OF YORK', EXCUSING 
ANDER GRANT, CONSTABLE FOR 1781, FROM COLLECTION OF 
TAXES, AND EMPOWERING SAID TOWN TO CHOOSE ANOTI1KU 
IN HIS STEAD. 

On the petition of the Selectmen of the town of Coxhall, 
in tlie county of York, in behalf of the said town: 

Resolved, That the prayer of the said petition be so 
far granted, us that Alexander Grant, Constable of the 
said town for the year 1781, be, and hereby is excused 
from the collection of the said town's proportion of the 
tax granted 1)}' the General Court in October, 1781 ; and 
that the execution issued against him for the same, be 
forthwith returned into the Treasurer's office : That the 
said town, at any meeting duly warned for the purpose, 
be, and hereby are, empowered to choose a Collector for 
the purpose of collecting their proportion of the said tax. 
And the Selectmen of the said town for the time being, 
are hereby empowered and directed to commit the list or 
lists of the said tax, as assessed by the Selectmen of the 
said town for the year 1781, with such alterations as may 
be necessary, to such person as by virtue of this resolve 
may be duly chosen and qualified to serve as a Collector, 
and shall certify the same to the Treasurer of this Com- 
monwealth ; who shall thereupon issue his warrant in due 
form for the collection thereof and payment into the treas- 
ury, within six months from this time : And in case of 
failure of payment within the time limited, the said 
Treasurer is directed to issue his execution as in other 
cases. And any person who may be chosen, by virtue of 
this resolve, to serve as a Collector, shall be subject to 
the same penalties and vested with the same powers 
which other Collectors chosen in the month of March for 
the collection of other taxes, are subjected to and vested 
with : And in case of refusal, the said town shall have the 
same power to proceed to the choice of some other per- 
son, to serve in the room of the person refusing, as in 
other cases. November 2, 17S4. 



3TOWN Chap. 38 

ALEX- ■*■ 



280 1784. — October Session. 



Chapter 39. 

Chap. 39 ORDER TO THE SECRETARY TO PUBLISH THE ARRET OF THE 
1 ' KING OF FRANCE. 

Ordered, That the Secretary be directed to procure a 
translation of the Arret of the King of France, of May 14, 
1784 ; and that he cause both the original and translation 
to be published. November 3, 1784. 

Chapter 40. 

Chap. 40 RESOLVE ON THE PETITION OF THE TOWN OF CAPE ELIZABETH, 

1 ' PERMITTING THEM TO EXHIBIT DUPLICATE RECEIPTS OF 

BEEF BEFORE THE LAST OF DECEMBER NEXT, TO THE 

SECRETARY, FOR EXAMINATION BEFORE THE GOVERNOR 

AND COUNCIL. 

On the petition of the toivn of Cape Elizabeth, setting 
forth, that their duplicate receipts of beef, although sea- 
sonably returned, on account of some mistake in the form 
of those receipts, roere sent back for amendment, by which 
means the time set by the Legislature for sending in such 
receipts, elapsed: 

Resolved, That the town of Cape Elizabeth be permitted 
to exhibit their duplicate receipts of beef to the Secretary 
any time before the last day of December next, that the 
Governor and Council may examine the said receipts in 
the same manner and on the same condition as if they had 
been exhibited before the first day of July last ; any 
resolve to the contrary notwithstanding. 

November 3, 1784. 

Chapter 41. 

Chap 41 RESOLVE ON THE PETITION OF MARGARET MASCARENE, EM- 
1 ' POWERING HER, AS GUARDIAN TO HER INFANT SON, TO 

SELL THE LAND MENTIONED. 

On the petition of Margaret Mascarene, of Boston, 
widow of John Mascarene, Esq; and guardian to her 
infant son, John Mascarene, praying , for 7°easons set forth 
in her petition, for liberty to sell and convey a tract of Ten 
thousand acres of land situate on the eastwardly side of 
Passamaquadi Bay, and in the province of Nova Scotia, 
granted by Lord William Campbell, late Governor of that 
province, to John Mascarene, Esq; aforesaid: 



1784. — October Session. 281 

Resolved, That the prayer of the petition of the said 
Margaret Mascarene be granted. And the said Margaret 
Mascarene, in her said capacity of guardian, is hereby 
authorized and empowered, to bargain and sell the said 
tract of land; and to make and execute a good and law- 
ful deed or deeds of the same, to such person or persons 
as may appear to purchase the same, she, the said Man/a- 
rc/ Mascarene, previously to such sale, giving bond to the 
Judge of Probate of the county of Suffolk, to account for 
the proceeds of such sale, in like manner as guardians arc 
accountable for personal estate. November 8, 1784. 



Chapter 42. 

ORDER REQUESTING THE GOVERNOR TO TAKE ORDER RESPECT- QJ ia p, 42 
ING CANNON, &c. AT GLOUCESTER. 1 

Whereas it appears that there are several camion with 
their apparatus, and sundry military stores belonging to 
this Commonwealth, now in the town of Gloucester : 

Ordered, That the Governor be, and he hereby is, 
requested to give such orders for the removal or security 
of the said cannon, apparatus and military stores, as he 
may judge most conducive to the interest and safety of 
this Commonwealth. November 4, 1784. 



Chapter 43. 



RESOLVE APPROVING LICENCES GIVEN TO CERTAI 
TEES, TO THE THIRD WEDNESDAY OF THE NEX' 
OF THE GENERAL COURT. 



N ABSEN- Q hapm 43 
[' M->SION r 



Whereas the Governor, with the advice of the Council, hath 
granted licence to George Spooner, John Amory, Thomas 
Oxnard, Nathaniel Chandler, Thomas Brattle, David 
Green and Isaac Winslow, to reside within this Com- 
monwealth : 

liesolved, That the licences aforesaid be, and hereby 
are, approved, and shall be further continued in force until 
the third Wednesday of the next sitting of the General 
Court : Provided, the Governor, with the advice of Coun- 
cil, shall judge the continuance of the persons above- 
named not incompatible with the safety of the Common- 
wealth. . November 4, 17s I . 



282 1784. — October Session. 



Chapter 44. 

Chan. 44 RES0LVE allowing the accounts of the treasurer of 

1 ' THE COUNTY OF MIDDLESEX. 

Whereas it appears upon examination of the Treasurer's 
accounts for the county of Middlesex, that they are right 
cast and well vouched, that all the monies granted and 
allowed by the Court of General Sessions of the Peace, for 
the said county, from September, 1783, to August 24, 
1784, ivere for such purposes and appropriations as by 
law the said Court were empowered to grant: Therefore, 

Resolved, That the said accounts be accepted and 
allowed. November 4, 1784. 

Chapter 45. 

Chap. 45 RESOLVE POINTING OUT A MODE TO THE COMMITTEE AP- 
^' POINTED THE 28th OF OCTOBER, 1783, FOR DOING THE 

BUSINESS OF THEIR COMMISSION, RELATIVE TO THE UNAP- 
PROPRIATED LANDS IN THE COUNTY OF LINCOLN, AND 
APPOINTING RUFUS PUTNAM, ESQ; SURVEYOR FOR THE 
PURPOSES MENTIONED. 

The Committee appointed by a resolve of the General 
Court of this Commonwealth, of the 28th of October, 
1783, to examine into the illegal entries upon the unap- 
propriated lands in the county of Lincoln, &c. and by 
that and subsequent resolves, directed and empowered to 
examine into the authenticity of the titles of the claimants 
to the said lands, and the circumstances of settlers there- 
on ; and to lay out and dispose of the said lands, &c. 
being particularly directed by a clause in a resolve of the 
9th of July last, to agree on a regular mode of doing the 
business of their commission : submit the following mode 
or plan for transacting the same : 

1. That the business of ascertaining the authenticity 
of the titles of companies and individuals to any of the 
said lands, and the limits and extent of their claims, and 
of examining into the condition and circumstances of per- 
sons settled upon the said lands, and the cases of those 
who claim under conditional grants made by government, 
of reporting a state of facts to the General Court, in some 
cases, and of settling with some of the above described 
persons in other cases, be continued without delay, in the 
manner already prescribed by the said resolves, and pur- 
sued by the committee. 



1784. — October Session. 283 

2. That a trusty and accurate surveyor be added to 
the said Committee, who arc or shall be appointed to 
transact the above business, and joined in the commission 
so far as it relates to the locating, forming plans, and 
descriptions of the said lands, and fixing the rate or price 
at which they may be disposed of. 

3. That the business of locating the said lands, and 
ascertaining in the best manner possible, the quality and 
situation thereof, be continued with all convenient dis- 
patch, beginning upon the sea coasts, navigable rivers, 
and the boundaries of lands already located, (having 
regard to the lands and islands the most saleable) and 
proceeding back towards the interior parts of the said 
counties in a regular manner ; and that the said townships 
and islands, as soon as they shall be surveyed, and a plan 
and description thereof returned by the said surveyor, or 
such other surveyors as the Committee may employ, be 
located on a plan to be formed and kept by the said Com- 
mittee, on a scale of not more than three miles to an inch, 
so that it may be seen what lands in the said county are 
laid out, and where they lay. 

4. That one of the said Committee (other than the said 
surveyor) shall keep an office open in Boston, in or near 
the State House, the first and third Wednesdays and 
Thursdays in every month, to receive the proposals and 
subscriptions of those who may be disposed to become 
purchasers of any of the said lands, and to give them any 
information that may expedite the sale thereof; where 
the said Committee shall collect and lodge the best plans 
of that county they can obtain, and wherein they shall 
regularly keep the doings of government, and the doings 
of their Committee, respecting the said lands; and the 
said Committee shall continue to give public notice that 
the said lands are laying out and ready for sale, with the 
terms thereof, &c. as already directed by the General 
Court. 

5. That the said Committee proceed in the disposal of 
the said lands, at private or public sale, for the securities 
of this Commonwealth, &c. and reserving Eight hundred 
and eighty acres in each township, &c. in the same 
manner as is prescribed by a resolve of the General Court, 
of the 9th of July last. 

6. That the said Committee, or two or more of them, 
shall meet in the said office to make any determinations, 



284 1784. — OoTOBEii Session. 

the matters contained in their commission may require, 
the first Wednesday in every month, and as much oftener 
as the nature and circumstances of the business and the 
interest of the Commonwealth may make it necessary. 

7. That as soon as the General Court, on their part, 
shall decide or determine as to the validity or extent of 
any private claims to the said lands, and any companies 
or individuals concerned, between whom and the Com- 
monwealth the matter in controversy may be, shall not 
acquiesce therein, and in convenient time signify their 
consent to such determination ; some suitable person or 
persons be empowered and directed without delay, on the 
part of the Commonwealth, to bring forward a process in 
law, whereby any such matter in controversy may be 

determined. AT w 

Nathaniel Vvells. 

Nathan Dane. 

Read and accepted, and thereupon 

Resolved, That Rufus Putnam, Esq ; be, and he hereby 
is, appointed surveyor for the purposes mentioned ; and 
that the Committee be directed and authorized to proceed 
and carry into effect the said report. 

November 5, 1784. 



Chapter 46. 

Chat) 46 RES0LVE DIRECTING THE TREASURER TO ALLOW INTEREST 
*■ ' ON TUI3LIC SECURITIES TO THE PURCHASERS OF BROWN'S 

ESTATE, UP TO THE TIME OF PAYMENT. 

Resolved, That the Treasurer of this Commonwealth 
be, and hereby is, empowered and directed to pay to 
the purchasers of the estate, late the estate of William 
Brown, Esq ; situate in /Salem, in the county of Essex, 
sold to them on the 12th day of October last, by the Com- 
mittee for selling confiscated estates in the said county, 
for Government securities, the interest due at the time of 
payment on such securities as the said purchasers shall 
pay respectively to the said Committee, for such parts of 
the said estate as they respectively then purchased. 

November 5, 1784. 



1784. — Octobkk Session. 285 



Chapter 47. 

RESOLVE ON THE PETITION OF BENJAMIN D II. IND, GRANTING QhaV 47 
HIM ONE HUNDRED AND FIFTEEN POUNDS, FOURTEEN SHIL- -* ' 

LINGS AND FIVE PENCE, AND DIRECTING THE TREASURER 
TO FAY BY HIS NOTE, ONE HUNDRED AND SIXTY-TWO 
POUNDS, THIRTEEN SHILLINGS. 

On the petition of Benjamin Daland, praying for pay 
for his services in conducting the murine prisoners from 
Salem to Boston, and for a reimbursement of the money 
by him expended in this business: 

Resolved, That there be paid out of the public treasury 
of tliis State, to Ben jam in Daland, the sum of One hun- 
dred and fifteen pounds, fourteen shillings and five pence, 
in part pay of his account, and that the Treasurer he, and 
hereby is, directed to pay by his note, in behalf of the 
Commonwealth, the further sum of One hundred and 
sixty-two pounds, thirteen shillings, which two sums will 
be in full of his account ; and that the same be charged 
to the United States. November 5, 1784. 



Chapter 48. 

RESOLVE DIRECTING THE TREASURER TO PAY TO ADONIJAII QhflV- 48 
RICE, NOTES OF THE SAME TENOR AND SUMS WHICH WERE ' ' 

DELIVERED UPON A FORGED ORDER. 

On the petition of Adonijah Rice, setting forth that his 
so)i, Samuel Rice, teas a soldier in* the Continental army, 
from the fore part of the year 1777, until the year 1781, 
ut which time the said Samuel died; and on the twenty - 
eighth day of January, 1783, a forged order was drawn 
in favor of one John Kimball, upon the Treasurer of this 
CommomrealtJi , upon which order the notes due to the 
(foresaid Samuel, deceased , was delivered, whereuj)o?i the 
said Adonijah prays for relief: 

Resolved, That the Treasurer of this Commonwealth 
be, and he hereby is, directed to make out and pay to 
the said Adonijah Rice, notes of the same tenor and sums 
that those notes were of which were delivered upon the 
aforesaid forged order. November 5, 1784. 



286 1784. — October Session. 



Chapter 49. 

Chap, 49 RESOLVE DIRECTING THE TREASURER TO DISCHARGE THE 
TOWN OF COR ASSET FOR THEIR DEFICIENCIES OF THE 
BEEF TAX, AND TO CREDIT SAID TOWN WITH A FURTHER 
SUM. 

On the petition of Thomas Lothrop, in behalf of the 
town of Cohasset : 

Resolved, For reasons set forth in the petition, That 
the Treasurer be, and he is, hereby directed to discharge 
the town of Cohasset, from an execution now lying against 
the said town, for their deficiency of the Beef tax, which 
deficiency is the sum of Eighty-one pounds, three shillings 
and three pence, the said town of Cohasset paying the fees 
and charges that have already arisen upon the said exe- 
cution. 

And it is further Resolved, That the Treasurer credit 
the said town of Cohasset the further sum of Eighteen 
pounds, sixteen shillings and nine pence, out of the last 
State tax ; the same sums being in full of the deduction 
which the said town of Cohasset was to receive, by a 
resolve of the General Court, dated the 11th March, 
1784. November 5, 1784. 



Chapter 50. 

Ghat). 50 RESOLVE ON THE PETITION OF DAVID THAYER, TO NOTIFY 
SILAS HODGES TO SHEW CAUSE, cScc. THE NEXT SESSION OF 
THE GENERAL COURT. 

On the petition of David Thayer : 

Resolved, That the petitioner notify Silas Hodges, and 
Amos Barret, or their attorney, to shew cause, (if any 
they have) on the second Thursday of the next session 
of the General Court, why the prayer of the said petition 
should not be granted, by serving the said Silas and 
Amos, or their attorney, with an attested copy of his 
petition and this order thereon, at least ten days before 
the said second Thursday of the next session, and that 
the 'executions of the said Silas and Amos, against the 
said Thayer, in the mean time be stayed. 

November 5, 1784. 



1784. — October Session. 287 

Chapter 51. 

RESOLVE ON THE PETITIONS OF THOMAS WALLET AND JOHN (JliCll) 51 
SIMONDS, DIRECTING THE JUDGE OF . PROBATE FOR THE *' 

COUNTY OF MIDDLESEX, TO APPOINT COMMISSIONERS ON 
THE ESTATES OF JOHN VASSALL AND JONATHAN SEWALL, 
FOR PURPOSES MENTIONED. 

On the petitions of Thomas Walley and John Simonds, 
praying that the Judge of Probate for the count;/ of Mid- 
dlesex, may be empowered to grant his warrant to Commis- 
sioners, for the settling the estates of Jonathan Scwall and 
John Vassall, Esgfrs.^for a further time, that thereby they 
may have an opportunity of exhibiting their claims for 
allowance: ' 

Resolved, That the prayer of the petition he so far 
granted, that the Judge of Probate of Wills, &c. for the 
county of Middlesex, be, and he is, hereby authorized and 
empowered, on application, to appoint Commissioners to 
examine the claims of Thomas Walley and John Simonds, 
on the aforesaid estates of John Vassall and Jonathan 
Sewall, Esq'rs., for the term of one month, from the time 
of their appointment for the purpose aforesaid, at the 
expence of said Walley and Simonds, that they may have 
an opportunity to exhibit their claims within the term 
mentioned; any law to the contrary notwithstanding. 

November 5, 1784. 

Chapter 52. 

RESOLVE ON THE PETITION OF THE HONOURABLE FRANCIS Qhai) 52 
DANA, DIRECTING THE JUDGES OF PROBATE FOR THE COUN- J ' 

TIES OF SUFFOLK AND MIDDLESEX, TO APPOINT COMMIS- 
SIONERS TO EXAMINE THE CLAIMS UPON THE SEVERAL 
ESTATES MENTIONED. 

Whereas the Honorable Francis Dana, Esq; was for 
a long time absent from this Common.) 1 1 eal tJi , upon impor- 
tant business of public concernment, by which means lie 
vms prevented exhibiting claims he had upon the estates of 
David Phipps and Sylvester Gardiner, absentees, until the 
Commissioners for examining claims on the said estates had 
closed the business of their appointments : Therefore, 

Resolved, That the Judges of Probate for the counties 
of Suffolk and Middlesex, be, and they hereby are, respec- 
tively authorized and empowered to appoint Commis- 



288 1784. — October Session. 

sioners within their several jurisdictions, to receive and 
examine any claims that the said Francis may have upon 
the said estates, either in his own right, or as executor 
of the last will and testament of Ricliard Dana, Esq ; 
deceased, and report thereon, in the same manner as 
tho' the said claims had been seasonably exhibited to 
the Commissioners heretofore appointed to examine the 
claims on the said estates, and all such proceedings shall 
be had thereon, and every benefit and advantage shall 
enure to the said Francis, as though the same claims had 
been allowed by the former Commissioners on the said 
estates. November 5, 17 S4. 

Chapter 53. 

C/iaiJ 53 GRANT 0F 0NE HUNDRED AND FOURTEEN POUNDS, FOUR SHIL- 
J- ' LINGS AND SIX PENCE, TO THE HONOURABLE FRANCIS DANA, 

ESQ; AS A MEMBER OF CONGRESS, TO THE 26th AUGUST 
LAST. 

On an account of the Honourable Francis Dana, Esq; 
exhibited to the General Court : 

Resolved, That there be paid out of the treasury of this 
Commonwealth, to the Honourable Francis Dana, Esq; 
the sum of One hundred and fourteen pounds, four shillings 
and six pence, in full discharge of his expenditures and 
attendance as a Delegate for this Commonwealth at Con- 
gress, from the tenth day of May, one thousand seven 
hundred and eighty-four, to the twenty-sixth day of 
Auc/ust following, both days inclusive, and making ninety- 
four days. November 6, 1784. 

Chapter 54. 

Char) ^4 RES0LVE 0N THE petition of Christopher gore, in be- 

"* HALF OF CHAMPION, DICKINSON AND BURGESS, AUTHOR- 

IZING THE JUDGE OF PROBATE, FOR SUFFOLK, TO RENEW 
THE COMMISSION OF INSOLVENCY ON THE ESTATE OF 
THOMAS LEVERETT. 

Upon the petition of Christopher Gore, in behalf of 
Alexander Champion, Thomas Dickinson and William 
Burgess, shewing that by some mistake a just claim which 
they, the said Alexander Champion, Thomas Dickinson 
and William Burgess, had upon the estate of Thomas 
Leveret t, late of Boston, deceased, insolvent, mas not 



1784. — October Session. 289 

considered by the Commissioners of Insolvency on the said 
estate, though seasonably preferred : Therefore, 

Resolved, That the Judge of Probate, for the county 
of Suffolk, be, and hereby is authorized and empowered, 
to renew the commission of insolvency, originally issued, 
to adjust the claims on the estate of the said Levered, or 
to appoint new commissioners, as he shall think proper, 
whose duty and business it shall be to examine the claims 
of the said Champion, Dickinson, and Burgess, and any 
others on the said LeveretCs estate, and report the amount 
thereof; and upon comparison of the same, with the 
claims of the other creditors already allowed, to variate 
the report made upon the former commission, in such 
manner as that the same justice and rate of distribution 
shall enure to the said Champion, Dickinson, and Bun/ess, 
as to those creditors whose claims have already been 
allowed, and to report the same to the Judge of Probate, 
which report made shall be valid, the former notwith- 
standing; and in case payment of any claims already 
allowed hath been made, the several creditors which have 
received the same, shall be holden to refund the same, in 
proportion as their several claims shall be lessened by the 
proceedings on this resolve. November 6, 1784. 

Chapter 55. 

RESOLVE ON THE PETITION OF CHRISTOPHER GORE, FOR (Jimp. 55 
CHAMPION, DICKINSON, AND BURGESS, DIRECTING THE L 

JUDGE OF PROBATE, FOR ESSEX, TO APPOINT COMMISSION- 
ERS ON THE ESTATE OF EPES SARGENT. 

Upon the petition of Christopher Gore, in behalf of 
Alexander Champion, Thomas Dickinson, and William 
Burgess, shewing that by a mistake of the administrator 
on the estate of Epes Sargent, late of Glocester, deceased, 
in solve ut, a just claim of tlie said Alexander Champion, 
Thomas Dickinson, and William Burgess, amounting !<> 
Seventeen hundred and eighteen pounds nine shillings and 
nine pence sterling, was exhibited to the Commissioners of 
Insolvency on the said estate, as amounting to nine hundred 
pounds only, and distribution took- place of the estate of 
the said Epes Sargent, agreeable thereto: Therefore, 

Resolved, That the Judge of Probate of the county of 
Essex, be, and hereby is authorized and empowered 1<> 



290 1784. — October Session. 

appoint commissioners to examine the justice of the said 
claim, and upon comparison of the report of the former 
commissioners as already made, to report what further 
sum ought to have been allowed thereon ; and if any, 
report the same to the said Judge of Probate, who is hereby 
directed to cause a record thereof, together with this 
resolve, to be entered in the Register's Office of the said 
Court ; and upon the distribution of the dower of the 
widow of the said Epes, such further distributive sum, 
with interest, shall be paid to the said Champion, Dickin- 
son, and Burgess, or their heirs, out of the said dower, in 
priority to any other claims, as they w 7 onld have been 
entitled to, had their claim been wholly exhibited before 
the close of the commission of insolvency heretofore 
granted on the said estate, and as shall cause equal jus- 
tice to enure to all the creditors of the said Epes. 

November 6, 1784. 

Chapter 56. 

Chan. 56 Resolve 0N THE petition of elihu gifford, granting 

1 ' HIM A NEW TRIAL IN THE CASE OF JOHN BEAN. 

On the petition of Elihu Gifford, praying for a neio 
trial in an action brought against him by John Bean, on 
which suit a judgment was recovered against the petitioner 
on default at the Court of Common Pleas, holden at 
Sherburne, in the county of Nantucket, in March, 1784, 
for reasons set forth in the said petition : 

Resolved, That the petitioner be, and he hereby is 
entitled to a new trial on the action aforesaid : And the 
Justices of the said Court of Common Pleas, at their 
sessions to be holden at Sherburne, within and for the 
county of Nantucket, on the last Tuesday of March next, 
be, and they hereby are authorized and fully empowered, 
to resume the aforesaid action, take off the default, and 
proceed to a trial in the same manner as they legally 
might on a new entry, the petitioner first serving the 
adverse party with an attested copy of this resolve, four- 
teen days at the least before the aforesaid last Tuesday of 
March next, and that execution on the former judgment 
be staid in the moan time ; any law or resolve to the 
contrary notwithstanding. November 6, 1784. 



1784. — October Session. 291 



Chapter 57. 

RESOLVE ON THE PETITION OF ELISHA CHANSON, EN BEHALF Chap. 57 
OF THE TOWN OF ASHFIELD, DIRECTING THE TREASURER 
TO SEND HIS WARRANT TO JOSEPH WARREN, TO COLLECT 

THE TAX MENTIONED, AND TO STAY HIS EXECUTION. 

On the petition q/'Elisha Cranson, in behalf of the town 
of Ashfield', praying that the Treasurer of this Common- 
wealth may be directed to send his warrant to Joseph 
Warren, one of the Collectors for the said town, empower- 
ing the said Collector to collect tax No. 1, granted in Jan- 
uary, 1782, from the several person* whose names are con- 
tained in the list of the said (ax committed to the said 
Collector by the Assessors of the said town of Ashfield ; 
and that lie he directed not to send any execution for the 
said tax against the said town, till some future time, for 
reasons set forth in the said petition: 

Resolved, That the Treasurer of this Commonwealth 
be, and he hereby is directed, to send his warrant to 
Joseph Warren, the aforesaid Collector, empowering him 
to collect the tax aforesaid : And he is hereby further 
directed to stay, for the space of three months, the issu- 
ing any further execution for the tax aforesaid against 
either the town of Ashfield, or the present Collector. 

November 6, 1784. 

Chapter 58. 

RESOLVE ESTABLISHING THE PAY OF THE MEMBERS OF THE Chan. 58 
COUNCIL, AND OF THE GENERAL COURT. 1 ' 

Resolved, That there be paid out of the treasury of this 
Commonwealth, the sum of eight shillings to each member 
of the Honorable Council, and the sum of seven shillings 
and six pence to each member of the Honourable Senate, 
and the sum of seven shillings to each member of the 
House of Representatives, for each day they have attended 
the Council or General Court the present session; also 
the further sum of one day's pay for every ten miles dis- 
tance each member lives from this place. 

Novembw 8, 1784. 

Chapter 59. 

RESOLVE FOR SELLING THE FURNACE, &c. AT BRIDGWATER, Ch(U> 59 
AND EMPOWERING HUGH ORR, ESQ; TO SELL THE SAME. ' ' 

Resolved, That Hugh Orr, Esq ; be, and he hereby is 
authorized and directed to sell (either :il public or private 



292 1784. — October Session. 

sale, as he shall judge best) the air furnaces and blast 
furnace, together with the boring mill belonging to this 
Commonwealth at Bridgwater; together with all the land 
and appurtenances thereunto belonging, (except the ma- 
chine for boring solid cannon) and give and execute a 
good and lawful deed or deeds of the same in behalf of 
this Commonwealth, and receive in payment for the same 
government consolidated securities, and pay the proceeds 
thereof into the treasury of this Commonwealth, taking 
duplicate receipts therefor ; one of which he is directed to 
lodge in the Secretary's office, and make report to the 
General Court of his proceedings as soon as may be. 

November 8, 1784. 



Chapter 60. 

Char) 60 resol ve allowing the treasurer's accounts for the 

* COUNTY OF PLYMOUTH; AND GRANTING A TAX OF TWO 

HUNDRED POUNDS FOR DEFRAYING THE CHARGES OF 
SAID COUNTY. 

WJiereas it appears upon examination of the Treasurer's 
accounts for the county of Plymouth, that his accounts are 
right cast and well vouched; that all the monies granted 
and allowed by the Court of General Sessions of the 
Peace for the said county, from October 11, 1783> to 
September oO, 1784, were for such purposes and appro- 
priations as by law the said Court were empowered to 
grant: Therefore, 

Resolved, That the said accounts be accepted and 
allowed. 

And whereas it appears from an estimate of the Justices 
of the Court of General Sessions of the Peace of the said 
county of Plymouth, made on the first Tuesday of 'October, 
1784, that the sum of Two hundred pounds will be neces- 
sary for defray lug the charges of the said county for one 
year then next ensuing : Therefore, 

Resolved, That there be, and hereby is granted a tax 
of Two hundred 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 the Com- 
monwealth. November ,S', 1784. 



1784. — October Session. 2 ( .i:> 



Chapter 61. 

RESOLVE PENSIONING EDMUND BRITT, AND ENTITLING HIM TO Chap. 61 

ONE QUARTER PAY AS A SOLDIER. 

On (lie representation of John Lucas, Commissary of 
Pensioners, in the behalf of Edmund Britt, a soldier in 
Colonel Thomas Nixon's regiment, and in Abel Holden's 
company i who was /rounded the \9th of September, 1777, 
as appears by his certificate: 

Resolved, That the said Edmund Britt be entitled to 
one quarter part of pay as a soldier, from January 1, 1780, 
till further order of the General Court, or Congress. 

November 8, 1784. 

Chapter 62. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF WESTERN, (Jhaj). 62 
DIRECTING THE TREASURER TO CREDIT THE TOWN THE 
FINE MENTIONED. 

On the petition of the Selectmen of Western, setting 
forth that the town was fined for not raising one three- 
months man, which they were directed to raise by a resolve 
of the 30th of June, 1781. 

Whereas it appears to this Court that the said town of 
Western did actually raise the said man: 

Resolved, That the Treasurer of this Commonwealth 
•be, and he is hereby directed, to credit the town of 
Western, Twenty-one pounds one shilling- and eleven 
pence, in the state tax granted in March, 1783, it being 
the tine and bounty for one three-months man. 

November 8, 1784. 



Chapter 63. 



RESOLVE ON THE REPRESENTATION OF THOMAS IVERS, ESQ; 
RELATIVE TO THE ACCOUNTS OF MESSIEURS PURV 
AND DIRECTING THE COMMITTEE EOR SETTLING LATE 
BOARD OF WAR ACCOUNTS, &c. TO DELIVER TO THE TREAS- 
URER THE SAME ACCOUNTS, AND TO EMPLOY SOME SUIT- 
ABLE PERSON FOR THE RECOVERY OF THE DEBT. 

Resolved, That the committee for settling the accounts 
of the late Board of War, be, and they hereby are 
directed, to deliver to the Treasurer of the Common- 
wealth the accounts of the said Board of War against 



294 1784. — October Session. 

Samuel Purviance and Robert Purviance, of Baltimore, 
in the state of Maryland, merchants ; and that the Treas- 
urer employ some suitable person to take proper measures 
to recover from the said Samuel and Robert whatever may 
be due thereon to this Commonwealth. 

Resolved, That the person who shall be employed by 
the Treasurer as aforesaid, shall have full power and 
authority to commence any action or actions in the name 
and behalf of this Commonwealth against the said Samuel 
and Robert, or either of them, for the recovery of any 
sum or sums of money due from them, or either of them, 
to this state ; and to prosecute the same either by him- 
self, or his substitute, to final judgment and execution. 

November 8, 1784. 

Chapter 64. 

Chan. 64 RES0LVE empowering the governor and council to 

1 ' DRAW WARRANTS IN FAVOUR OF OFFICERS COMMANDING 

ARTILLERY COMPANIES IN THIS COMMONWEALTH, FOR 
ERECTING GUN HOUSES, IN ORDER TO DEPOSIT FIELD 
PIECES, WITH PROVISO. 

Wliereas standing armies in time of peace are incom- 
patible with the safety of a free republic, and dangerous to 
the liberties of the people: The militia of this State, and 
of the United States, must therefore be considered as of 
great importance for the defence of the lives, rights and 
properties of the community. And whereas it is the 
ardent wish of this Legislature to have a militia respecta- 
ble and well disciplined, at all times prepared to resist 
invasions and to repel attacks: Every encouragement 
should be held out which will have a tendency to preserve 
the martial spirit of the people, and to promote discipline: 
The companies of artillery in particular deserving atten- 
tion, being distinguished by their usefulness and services, 
it is the determination of this Court to grant them every 
assistance in their power consistent with their duty: 
Therefore, 

Resolved, That his Excellency the Governor be, and he 
is hereby empowered and requested, by and with the 
advice of the Council, to draw a warrant on the Treasurer 
in favour of the commanding officer of each company of 
artillery which are already, or that shall hereafter be 
raised, for a sum not exceeding Twenty pounds ; which 



1784. — October Session. 295 

sum, drawn as aforesaid, shall be applied for the sole 
purpose of erecting a gun house, in some convenient place, 
for the depositing the field pieces, and other military 
appendages necessary for the same — Provided, that the 
said companies shall be incorporated and equipt agreeable 
to the militia law of this Commonwealth — And provided 
also, the said commanding officer shall, previous to his 
receiving the money as aforesaid, give a bond to the 
Treasurer of this Commonwealth, with sufficient sureties, 
for the sum of Forty pounds, conditioned for the faithful 
application of the same, for the purposes hereinbefore 
directed. November 8, 1784. 



Chapter 65. 

RESOLVE APPROVING THE CONDUCT OF THE HONOURABLE (Jhaj) Qfr 
FRANCIS DANA, ESQ; A MEMBER OF CONGRESS FOR THIS *■ ' 

COMMONWEALTH, IN THE COMMITTEE OF THE STATES, REL- 
ATIVE TO THE ADJOURNMENT OF SAID COMMITTEE, AND 
DIRECTING THE DELEGATES IN THIS CASE. 

Resolved, That the Legislature approve of the conduct 
of Mr. Dana, a member for this Commonwealth, in the 
Committee of the States, relative to the adjournment of 
the said Committee ; and that the delegates of this Com- 
monwealth be, and hereby are directed, to lay before 
Congress the doings of the said committee respecting the 
same adjournment, and the removal of the public papers 
and records from Annapolis to Philadelphia, and to 
request their opinion and order in the premises. 

November 9, 1784. 



Chapter 66. 

RESOLVE ON THE PETITION OF ANDREW BROWN, ESQ; DIRECT- QJiqjn QQ 
ING THE COMMITTEE FOR SETTLING WITH THE ARMY, TO ' ' 

SETTLE WITH THE SAID BROWN HIS ARREARS OF PAY, &c. 

On the petition of Andrew Brown, Esq; an officer in 
the late mustering department within this State: 

Resolved, That the committee for settling with the army 
be, and hereby are directed, to settle with and pay the 
said Andrew Brown, Esq ; for his arrears of pay and 
year's advance agreeably to the resolve of Congress of the 
12th of October, 1781. November 9, 1784. 



296 1784. — October Session. 



Chapter 67. 

Chan 67 RES0LVE 0N THE memorial of william lithgow, esq; 

"' DIRECTING THE TREASURER TO STAY EXECUTIONS AGAINST 

THE SEVERAL TOWNS IN THE COUNTY OF LINCOLN FOR 
DEFICIENCIES IN PROCURING MEN AND BEEF, UNTIL THE 
THIRD WEDNESDAY OF FEBRUARY NEXT. 

Whereas thj memorial of William Lithgow, jun. Esq ; 
of the 31s£ day of January , 1784, in behalf <f several towns 
in the county of Lincoln, praying (for reasons set forth in 
the said memorial ) that the said towns may he exempted 
from the payment of the tax assessed upon them for not 
procuring their respective quotas of three years and three 
and five months-men for the army, amounting to the aver- 
age price of the said respective quotas ; and also for the 
deficiencies in procuring beef, is referred for consideration 
to the next session of the General Court: Therefore, 

Resolved, That the Treasurer of this Commonwealth be, 
and hereby is directed, to stay execution against the sev- 
eral towns in the said county of Lincoln, so far as respects 
their deficiencies in procuring men and beef, until the 
third Wednesday in February next ; any resolve to the 
contrary notwithstanding. November 9, 1784. 



Chapter 68. 

ChttJ). 68 IlES0LVE 0N TI1E PETITION OF JOSHUA PRAT, DIRECTING EX- 
-* ' ECUTION FOR TAXES FROM THE INHABITANTS OF SHAP- 

LEIGHTON, IN THE COUNTY OF YORK, TO BE STAYED. 

On the petition of Joshua Pray, in behalf of himself 
and others, setting forth the poverty of the inhabitants of 
the place known by the name of Shapleighton, adjacent to 
the town of Lebanon, in the county of York, relative to 
taxes given him and .lames Witherell to collect of the said 
Shapleighton, praying for further time allowed them to 
collect the same: 

I'cso/red, That executions respecting such a part of 
said taxes that are now to them respectively due from the 
inhabitants aforesaid, be stayed until the first day of May 
next; and the Treasurer is directed to govern himself 
accordingly. November 9, 1784. 



1784. — October Session. 207 

Chapter 69. 



A MISTAKE ON THE APPORTIONMENT OF THE Chap. 09 
l'ATIVES PAY BETWEEN THE TOWN OF ACTON 



RESOLVE ON 
REPRESENT; 

AND DISTRICT OF CARLISLE, DIRECTING THE TREASURER 
FOR HIS GOVERNMENT. 



]\liereas it appears to this Court, that in the apportion- 
ment of the Representatives pay in the last state tax, there 
is a clerical mistake between the town of Acton and district 
of Carlisle ; for remedy whereof, 

Resolved, That the sum of Thirty-seven pounds six shil- 
lings and one penny, farthing be put to the said town of 
Acton, instead of Twenty-two pounds fifteen shillings; 
and there be put to the said district of Carlisle, the sura 
of Twenty-nine pounds, three shillings and ten pence, 
three farthings only, instead of Forty-three pounds, fifteen 
shillings: And the Treasurer of this Commonwealth is 
hereby directed to govern himself accordingly. 

November 9, 1784. 



Chapter 7(). 

RESOLVE ON THE PETITION OF BUXTON, DIRECTING THE p}, nrt <7f) 
TREASURER TO DISCHARGE SAID TOWN FROM THE PAY- Kjlul r' iyj 
MENT OF A CERTAIN SUM OF MONEY. 

On the petition of the town of Buxton, setting forth 
that they are called upon by the Treasurer of this Com- 
monwealth for the payment of the several taxes which were 
set on the plantation of Narraganset No. 1, from, the year 
1761 to the year 1772, and praying for an abatement of 
(lie said taxes: 

Resolved, That the Treasurer of this Commonwealth be, 
and he hereby is directed, to discharge the town of Buxton 
from the payment of One hundred pounds in part of Two 
hundred and twenty pounds, one shilling and eight pence 
three farthings, which sum it appears the said town of 
Buxton was charged with from the year 1761, to the year 
1772, while unincorporated, and which sum never has 
been assessed on the inhabitants of the then plantation. 

November 10, 1784. 



298 1784. — October Session. 



Chapter 71. 

Chan. 71 re solve ON the petition of josiah glover and others, 

1 ' INHABITANTS OF SQUANTUM IN DORCHESTER, GIVING 

THEM LEAVE TO BRING IN A BILL FOR PURPOSES MEN- 
TIONED. 

On the petition of Josiah Glover, and others, inhabi- 
tants of that part of the town of Dorchester commonly known 
by the name of Squantum, and the farms, praying to be 
separated from the said town, and to be annexed to the town 
of Braintree : 

Ordered, That the petitioners have leave to bring in a 
hill for the purpose of separating themselves, together 
with their estates, from the said town of Dorchester, so 
far only as respects school and parish expences and privi- 
leges, and for the purpose of annexing the said peti- 
tioners, with their estates, to the said town of Braintree, 
so far only as relates to school expences and privileges, 
and to the north parish of Braintree aforesaid, so far only 
as regards parish expences and privileges. 

November 10, 1784. 



Chapter 72. 

Chap. 72 RES0L VE ON THE PETITION OF PRINCE WEST, DIRECTING THE 
1 ' COMMITTEE FOR THE SALE OF ABSENTEES ESTATES IN THE 

COUNTY OF BERKSHIRE, TO GIVE A DEED OF THE LANDS 
MENTIONED, &c. 

Upon the petition of Prince West, praying that he may 
hare a deed of certain tracts of land described in his said 
petition, lately belonging to John Murray, Esq: an absen- 
tee; the said Murray having, in the year 1772, given to 
the said Prince West, together with one Meletiah Hatch, a 
bond conditioned for the conveyance of the said tracts of 
land, on the said West and Hatch's paying him certain 
sums of money, the greater part of which has been paid to 
the said Murray : 

Resolved, That the prayer of the petition he granted ; 
and that the committee for the sale of absentees estates 
for the county of Berkshire, be, and are hereby empow- 
ered and directed, to give and execute to the said Prince 

West, a good and sufficient deed of the several tracts and 
parcels of land described as aforesaid; the said Prince 

West first giving bond, with sufficient sureties, to the 



1784. — October Session. 299 

said committee, for the paymenl of the sum of One hun- 
dred and six pounds, together with the interest which 

may have arisen thereon from the sixth day of April, 
1772, to the time of executing the deed as aforesaid. 

November 10, 1784. 

Chapter 73. 

RESOLVE ON THE PETITION OF DAVID TILDEN, OF PEMBROKE, (J],(lp. 73 
GIVING HIM LEAVE TO ENTER THE COMPLAINT MENTIONED 
AT THE SUPREME JUDICIAL COURT. 

Upon the petition of David Tilden, of Pembroke, in 
the county of Plymouth, praying for liberty to enter a 
complaint at the /Supreme Judicial Court, to be held at 
Boston, the first Tuesday of December next, for the 
affirmation of a judgment recovered by the said David, as 
administrator on the estate of Ruth Parrot, late of Boston, 
'hceased, against Stephen Maynard, of TVestborough, in 
the county of Worcester, at a Court of Common Pleas, 
held on the second Tuesday of June last: 

Resolved, That the petitioner, upon giving due notice 
to him the said Maynard, have leave to enter a complaint 
against him at the Supreme Judicial Court, to be holden 
by adjournment at Boston, within and for the county of 
Suffolk, in December next, for the affirmation of a judg- 
ment recovered by the said David, in his said capacity, 
against the said Stephen, at the Court of Common Pleas 
as aforesaid : And the said Supreme Judicial Court is 
hereby authorized to take cognizance of the said com- 
plaint, and to affirm the said judgment as of Worcester 
term, in the same manner as if the said complaint had 
been entered at the Supreme Judicial Court held at 

Worcester, on the third Tuesday of September last, and 
from thence continued to the said Court to be held at the 
said Boston, on the first Tuesday of December next, as 
aforesaid, for judgment to be entered up as of the said 

Worcester term, with the allowance of the same cost as if 
judgment had been then affirmed. November 10, 17S4. 

Chapter 74. 

Ml ANT OF NINETY-POUNDS TO WILLIAM BAKER, MESSENGER (Jf ia p t 74 
OF THE GENERAL COURT, FQR HIS SERVICES, FROM Till': l ' 

25th or MATTO THE 26th OF NOVEMBER. 

On the petition of William Baker, praying for allowance 

for his services as messenger to the General Court: 



300 1784. — October Session. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth to William Baker, the 
sum of Ninety pounds, in full for his services as mes- 
senger to the General Court, to the 26th November, 1784 ; 
it being for one half year from the 25th of May last. 

November 10, 1784. 

Chapter 75. 

Chap. 75 GRANT OF FOUR HUNDRED AND FORTY-NINE POUNDS SIX 
SHILLINGS, TO THE HONOURABLE ELBRIDGE GERRY, ESQ; 
FOR HIS SERVICES AS MEMBER OF CONGRESS. 

Resolved, That there be paid out of the treasury of this 
Commonwealth, to JElbridge Geary, Esq ; the sum of Four 
hundred and forty-nine pounds and six shillings, in full 
for his services and expences as a delegate to Congress, 
to the twelfth day of July last. November 10, 1784. 

Chapter 76. 

Chap. 76 RESOLVE DIRECTING the committee for selling certain 

1 ' STRIPS OF LAND, IN THE COUNTY OF YORK, TO SELL CER- 
TAIN LANDS REMAINING UNSOLD, EITHER AT PUBLIC OR 
PRIVATE SALE, AND RENDERING VALID ANY DEEDS BY 
THEM GIVEN. 

Resolved, That the committee appointed by a resolve 
of the General Court, passed the twentieth of March last, 
or the major part of them, be, and they hereby are 
empowered to sell such of the land remaining unsold as 
the said committee were directed to sell, either at public 
or private sale, as heretofore directed ; and that any deed 
or deeds already executed, or that may hereafter be exe- 
cuted by the said committee, or the major part of them, 
in pursuance of this or the former resoive, shall be valid 
and effectual, for the purpose of conveying to the grantee 
or grantees, their heirs and assigns, a complete title to 
the lands therein respectively mentioned ; the actual pos- 
session thereof by any other person or persons notwith- 
standing. November 10, 1784. 

Chapter 77. 

Chan 77 R ES OLVE DIRECTING THE COMMON LAW COURTS TO SUSPEND 
1 ' RENDERING JUDGMENT FOR INTEREST ON ACTIONS BROUGHT 

l;v REAL BRITISH SUBJECTS, OR ABSENTEES, TO THIRD 
WEDNESDAY OF THE NEXT SESSION. 

Whereas the payment of interest which might hare 
accrued during the late war, upon <Iel>ts due from the 



1784. — October Session. 301 

citizens of this or any of the United. States, prior to the 
commencement of the same, to real British subjects, and 
others, commonly called absentees, would be not only 
inequitable and unjust, but also as the Legislature of this 
Commonwealth conceive repugnant to the spirit and intend- 
ment of the fourth article in the treaty of peace, which 
provides onh/ for the payment of bona fide debts; and as 
the Legislature have (alien measures to obtain the sense of 
Congress upon the said article, so far as the same respects 
the payment of interest which might ha re accrued as afore- 
said; and in the mean time judgments may be obtained in 
some of the Courts of law within this Commonwealth for 
interest accruing as aforesaid, contrary to the true design 
of the said treaty : Therefore, 

Resolved, That in all actions or suits which are or may 
be instituted or brought to any of the Judicial Courts 
within this Commonwealth, wherein an}' real British sub- 
ject or absentee is plaintiff or defendant, and which 
actions or suits, by the laws thereof, are sustainable 
therein, the justices of the same Courts are hereby sev- 
erally directed to suspend rendering judgment for any 
interest that might have accrued upon the demand 
contained in such actions or suits, between the 19th day of 
April, 1775, and the 20th day of January, 1783, until 
the third "Wednesday of the next sitting of the General 
Court. 

Provided always, That if in any such actions or suits 
the plaintiffs shall move for, or by default have right to 
judgment, then and in such case the justices aforesaid 
shall cause judgment to be entered for the principal sum, 
which by the laws of this Commonwealth such plaintiffs 
shall be entitled to recover, and all such interest as 
accrued thereon before the said 19th day of April, and 
subsequent to said 20th day of January, and executions 
shall issue accordingly ; and if Congress shall hereafter 
determine that the interest which might have accrued on 
any bona fide debt aforesaid during the war, ought by the 
treaty aforesaid to be considered as part of such debt ; 
then the said Courts respectively shall proceed to enter a 
further judgment for the amount ot all such last men- 
tioned interest without any new process, and issue exe- 
cution for such further sum accordingly; and all attach- 
ments made, or bail given upon any action instituted a- 



302 1784. — October Session. 

aforesaid, shall be hoklen to respond the final judgment 
that may be given Cor the amount of such last mentioned 
interest. November 10, 1784. 

Chapter 78. 

ChaV 78 0RDERS F0R INSTRUCTING THE DELEGATES TO CONGRESS 
' ' RELATIVE TO BRITISH SUBJECTS, AND CERTAIN PERSONS 

WHO LEFT THIS STATE AFTER THE 5th OCTOBER, 1774. 

Ordered, That the delegates representing this Com- 
monwealth in the United States in Congress assembled, 
be, and they hereby are instructed to desire of Congress 
their sense on the following question, viz. Whether it 
will consist with the treaty of peace subsisting between 
Great Britain and the United States of America, for the 
Legislature of this Commonwealth, to pass an act debar- 
ring British subjects, and those persons who left the late 
province of Massachusetts Bay, after the 5th day of October, 
1774, and before the establishment of the present Consti- 
tution of this Commonwealth, and took the protection of 
the Kins: of Great Britain, or his government, fleet or 
army, or either of them, from recovering any interest 
which may be supposed to have accrued during the war, 
on debts contracted before the war? And that the said 
delegates be further instructed in the name and behalf of 
this Commonwealth, to request of Congress their sense 
of the meaning of the words "bona fide" debts, as men- 
tioned in the fourth article of the treaty of peace, and 
particularly whether the same are intended and ought to 
be const rued, to include the interest that would have 
accrued thereon, had not the war intervened; and to 
communicate to the Legislature of this Commonwealth 
the doings of Congress thereon as soon as may be. 

November 10, 1784. 

Chapter 79. 

Chan 79 RES0LVE empowering the commissioners on western 

1 ' LANDS TO KM1M.OY COUNCIL TO ASSIST THEM IN SUPPORT- 

ING I'll I. CLAIMS OF THIS COMMONWEALTH, AND VESTING 
THEM WITH ALL THE POWERS BY A RESOLVE OF 2d JULY 
LAST. 

Whereas Francis Dana, Esq; has declined accepting 
his appointment as one of the commissioners to support the 



1784. — October Session. 303 

right of this Commonwealth to certain lands west of 
Hudson's River : 
Resolved, That John Lowell and James Sullivan, Esq'rs. 

the other persons appointed for the purpose aforesaid, 
have all the power and authority which by a resolve of 
the (Jeneral Court, of the second day of July last, was 
given to the said three commissioners; and that they 
have authority to employ one other gentleman as counsel 
in behalf of this Commonwealth, to appear before any 
Court that may be appointed, agreeable to the confedera- 
tion, and assist in conducting the claim of this Common- 
wealth to certain lands, lying west of Hudson's River. 

November 10, 1784. 

Chapter 80. 

RESOLVE MAKING PROVISION FOR THE LIGHT HOUSE AT NAN- Ck(ip. 80 
TUCKET, AND ESTABLISHING THE PAY OF THE KEEPER, L 

DIRECTING THE COMMISSARY GENERAL, AND GRANTING 
HIM TWO HUNDRED POUNDS. 

Whereas his Excellency the Governor, with advice of 
Council, on the 4th inst, was pleased to appoint Capt. 
Paul Pinkham, keeper of the light house on the island of 
Nantucket, and as a proper regulation for the keeping and 
supplying of the said light house with oil and other mate- 
rials is indispensibly necessary : 

Resolved, That the Commissary General of this Com- 
monwealth be, and he hereby is empowered and directed, 
to provide for the supplies of the light house on the 
island of Nantucket, (annually) beginning on the first 
day of October, 1784, being the time the said light house 
was lighted, the following articles, viz. Thirty pounds 
of cotton, twelve cords of wood, and oil in such quanti- 
ties as may from time to time be found necessary for the 
said light. 

Be it further Resolved, That there be paid out of the 
treasury of this Commonwealth to the Commissary 
General, Two hundred pounds, to enable him to furnish 
the several articles enumerated, he to be accountable for 
the expenditure of the same. 

And be it further Resolved, That there be allowed and 
paid out of the treasury of this Commonwealth to the 
keeper of the said light house, for himself and out' assist- 
ant for the time being, Seventy-live pounds per annum, 
from and after the first day of October, 1784. 

November 10, 1784. 



301 1784. — October Session. 



Chapter 81. 

ChaW 81 liK SOLVE ON THE MEMORIAL OF RICHARD DEVENS, ESQ; 

-* ' COMMISSARY GENERAL, GRANTING HIM ONE THOUSAND AND 

EIGHTY-NINE POUNDS FIFTEEN SHILLINGS AND FIVE PENCE, 

FOR THE ERECTING A LIGHT HOUSE, AND A SMALL HOUSE, 

AT NANTUCKET. 

On the memorial of Richard Devens, Esq; Commis- 
sary General, praying allowance and payment of his 
account for erecting a light house, and a, small house for 
the keeper on the island of Nantucket, pmrsuant to a resolve 
of the General Court, passed the fifth day of February, 
1784: Whereas the said accounts appear right cast and 
well vouched : 

Resolved, That there be allowed and paid out of the 
public treasury of this Commonwealth, to Richard Devens, 
Esq ; Commissary General, the sum of One thousand and 
eighty-nine pounds fifteen shillings and five-pence, which 
together with Three hundred pounds which he has already 
received, is in full discharge of the said accounts. 

November 11, 1784. 

Chapter 82. 

Chan 82 llES0LVE appointing hugh orr, caleb davis and richarb 

' ' DEVENS, ESQ'RS. A COMMITTEE TO ATTEND THE SALE OF 

THE CONTINENTAL MILITARY STORES, AND TO MAKE PUR- 
CHASES OF THE SAME. 

Whereas it is /he good policy of every wise government, 
in lime of peace, /<> prepare for as the most probable means 
oj preventing war: And whereas there are great quanti- 
ties of ordnance and military stores advertized for public 
side, in Boston, on Wednesday the Ylth of the present 
month : 

Resolved, That Hugh Orr and Caleb Davis, Esq'rs. 
and Richard Devens, Esq ; Commissary General, be, and 
they art 1 hereby appointed a committee to attend the said 
sales ; and they, or any two of them, are hereby empow- 
ered to purchase, for account and for the use of this 
Commonwealth, such of the said stores, not perishable, 
as maybe in their opinion for Hie interest .and safety of 
the same, and them to have removed and secured in some 
suitable place in Watertown. 

Resolved, Thai there be paid out of treasury of this 
Commonwealth to Hie said committee, such public securi- 



1784. — October Session. 305 

ties as may be sufficient to enable them to pay for the 
stoics they may purchase as aforesaid : also such sums in 
specie as may enable them to pay for the removing and 
securing the same ; the said committee being • accountable 
to the General Court at their next sitting. 

November 11, 1784. 

Chapter 83. 

RESOLVE CONSTITUTING JOIIX LOWELL AND JAMES SULLIVAN, Chap. 83 
ESQ'RS., LAWFUL AGENTS TO REPRESENT THIS STATE IN 
CONGRESS ON THE FIRST OF DECEMBER NEXT, ON THE 
SUBJECT OF CERTAIN LANDS TO WHICH THE STATE OF NEW- 
YORK SET UP A CLAIM, AND GIVING INSTRUCTIONS TO SAID 
AGENTS. 

Whereas the Legislature of this Commonwealth, by their 
•petition to Congress on the twenty-seventh dag of May last 
past, alledged that certain lands to which the State o/'New 
York set up a claim, were the just and proper right of this 
Commonwealth; and Congress having given notice thereof 
to the said State, and appointed the first Monday of 
December next to proceed in the premises, as by the article 
of confederation and perpetual union is directed: 

Resolved, That the Honourable John Lowell and James 
Sullivan, Esq'rs., with the Delegates who shall actually 
represent this Commonwealth in Congress on the first 
day of December next, or the major part of the persons 
before mentioned, be, and they hereby are, constituted the 
lawful agents of this State, and are authorized and 
empowered, with such agent or agents as are or may be 
empowered therefor, on the part and behalf of the State 
of New York, to appoint by joint consent, Commis- 
sioners or judges to constitute a Court for hearing and 
determining the claims of the same State and of this 
Commonwealth, to the lands mentioned and described in 
the petition aforesaid ; and in case the said State of Neiv 
York shall neglect to attend by their agent or agents at 
the time appointed therefor by Congress, or if attending 
the agent or agents of the said State and of this Common- 
wealth, cannot agree to appoint by joint consent, Commis- 
sioners or judges for the purpose aforesaid, then the said 
agents of this Commonwealth, or the major part of them, 
arc hereby authorized and empowered to do and transact 
all matters and things whatsoever, which by the said 
articles of confederation and perpetual union, are made 



306 1784. — October Session. 

necessary to be done and transacted on the part of this 
Commonwealth, for the appointment of Commissioners or 
judges for the purpose aforesaid. November 11, 1784. 

Chapter 84. 

Chai). 84 RESOLVE EMPOWERING SAMUEL PHILLIPS, JUNIOR, NATHANIEL 
WELLS, AND NATHAN DANE, ESQ'RS., A COMMITTEE AP- 
POINTED 28th OF OCTOBER, 1783, TO EXAMINE INTO THE 
ILLEGAL ENTRIES UPON THE UNAPPROPRIATED LANDS IN 
THE COUNTY OF LINCOLN, TO SELL CERTAIN STRIPS OF 
SAID LAND, &c. 

Resolved, That Samuel Phillips, Junior, Nathaniel 
Wells and JVathan Dane, Esq'rs., a Committee appointed 
by a resolve of the General Court of the twenty-eighth 
day of October, 1783, to examine into the illegal entries 
upon the unappropriated lands in the county of Lincoln, 
or any two of them, be, and they are, hereby fully author- 
ized and empowered at their discretion, to sell any strips 
or other pieces of unappropriated land belonging to this 
Commonwealth, in the said county of Lincoln, as well as 
those the said Committee were by former resolves empow- 
ered to sell, for the most they may be able to get for the 
same, either at private sale or public auction, and to 
make and duly to execute good and lawful deeds of all 
such lands as the said Committee or any two of them may 
agree to dispose of, which shall make a good and suffi- 
cient title in law to the grantees, their heirs and assigns 
respectively, any person or persons being in the actual 
possession thereof notwithstanding. 

Resolved, That the said Committee be, and they are, 
hereby directed to proceed in laying out townships from 
time to time, and at such times and in such manner as 
they shall find most beneficial to this Commonwealth; 
any resolve to the contrary notwithstanding. 

November 11, 1784. 

Chapter 85. 

Chap. 85 RESOLVE ON THE PETITION OF HENRY PURKITT AND 
OTHERS, PRIVATES IN COLONEL SHELDOX'S CORPS OF LIGHT 
DRAGOONS, DIRECTING THE COMMITTEE FOR SETTLING WITH 
THE AKMV TO CERTIFY, &c. 

On the petition of Henry Purkitt and others, privates 
in Colonel Sheldon's corps of light dragoons^ ami of John 



1784. — October Session. 307 

Lenan and William Jones, soldiers in Colonel I la/en's 
regiment, praying for a bounty of twenty pounds, prom- 
ised them by a resolve of the General Court of June 11, 
1779, for enlisting into the Continental Army for three 
years or during the war, which bounty (they say) they 
//are never received : 

Resolved, That on the said petitioners making it appear, 
to the satisfaction of the Committee for settling with the 
army, that they enlisted into the Continental Army for 
three years or during the war, that they have been cred- 
ited to this Commonwealth as part of their quota of 
troops for the Continental Army, and that they have been 
honourably discharged and have never received the said 
bounty, the said Committee be, and they hereby are, 
directed to certify the same to the Governor and Council, 
who are hereby requested to grant a warrant on the Treas- 
urer for the same, to each person so certified, to be paid 
in two Treasurer's notes of Ten pounds each ; the said 
notes to be dated the first of January, 1784, one payable 
in the year 1787, the other in the year 1788, on interest. 

And whereas there may be other soldiers in other regi- 
ments of the Continental Army in like circumstances, and 
who have a just right to the said bounty, in case they have 
not received it already : 

It is further resolved, That any soldier, who is entitled 
to the said bounty and has not received it, on applying 
to the said Committee, and complying with the terms 
prescribed in the foregoing resolve, the Committee arc 
hereby directed to certify them, and the Governor and 
Council to grant warrants therefor, in the same manner 
as is directed in the foregoing resolve, for the petitioners. 

November 11, 1784. 

Chapter 80. 

RESOLVE ON THE PETITION OF DAVID NYE, PERMITTING HIM QJiap. 86 
TO ENTER HIS APPEAL FROM THE JUDGMENT OF THE MARI- 
TIME COURT, AT THE SUPREME JUDICIAL COURT, TO BE 
HOLDEN AT BARNSTABLE, IN MAY NEXT, FOR REASONS 
MENTIONED. 

On the petition of David Nye, setting fort) h that the said 
Nye, with others, a few months before the close of tli? late 
war, attacked, took and brought into port, the schooner railed 
tltc Pepperell borough, William Todd, master, ami laden 



308 1784. — October Session. 

ivith lumber, which with her cargo was libelled by the said 
Nye, in behalf of himself and others, in the Maritime 
Court for the Southern District, and claimed by the said 
Todd ; that the cause was there tried, and a verdict for the 
claimant, from which the memorialist appealed to the 
Supreme Judicial Court, next to be holden at Barnstable, 
in and for the county of Barnstable ; but for certain rea- 
sons in the said petition mentioned, did not enter his 
appeal, and praying that he may now have permission to 
enter his appeal from the Maritime Court aforesaid, at the 
Supreme Judicial Court, next to be holden at Barnstable, 
in and for the county of Barnstable : 

Resolved, That the prayer of the said petition be 
granted ; and that the said Nye have permission to enter 
his appeal from the judgment of the Maritime Court 
aforesaid, at the Supreme Judicial Court, to be holden 
at Barnstable, in and for the county of Barnstable, on 
Wednesday next preceding the third Tuesday of May 
next ; which Court is hereby empowered to sustain the 
said appeal ; and the same proceedings may be had 
thereon, as if the said appeal had been seasonably entered 
according to law, viz. : at the Supreme Judicial Court 
holden at Barnstable aforesaid, on Wednesday next pre- 
ceding the third Tuesday of May, in the year of our Lord, 
1783, being the term of the said Court to which the said 
Nye appealed as aforesaid. November 11, 1784. 

Chapter 87. 

Chan 87 BES0LVE 0N THE petition of thomas dwight, in behalf 

1 OF THE TOWN OF SPRINGFIELD, PERMITTING HIM TO 

EXHIBIT BEEF RECEIPTS: AND EMPOWERING THE GOV- 
ERNOR AND COUNCIL IN THIS CASE. 

On the petition of Thomas Dwight, in behalf of the toxon 
of Springfield, setting forth thai the said town procured 
tlic beef required by the resolves of the General Court, but 
havenot (through some mistake) returned the receipts there- 
for, agreeable to the orders of Government ; and that exe- 
cution hath issued again si (he said town; and praying that 
the said receipts may now be exhibited for examination 
and allowance: 

Resolved, Thai the town of Springfield be permitted to 
exhibit the said receipts of beef to the Secretary, any 
time before the 25th of November instant ; and the 



1784. — October Session. 309 

Governor and Council arc hereby empowered to receive 
and examine the said receipts in the same manner and on 
the same condition as if the same had been exhibited in 
due season. November 11, 1784. 

Chapter 88. 

RESOLVE AUTHORIZING PETER PUTNAM, TO COLLECT CERTAIN Ck(ip. 88 
TAXES MENTIONED, IN THE TOWN OF DANVERS. l ' 

Whereas it appears to this Court, that the town of Dan- 
vers, on the 18(h day of October last, made choice of 
Peter Putnam a Collector of taxes, to complete the collect- 
in;/ of all such faxes as hare been committed to his father, 
John Putnam, to collect, (he the said John being unable 
to collect the same) and the said John prays that the 
said Peter may be empowered to collect the said taxes, he 
the said John to be accountable therefor : Therefore, 

Resolved, That Peter Putnam, son of John Putnam, 
one of the Collectors of taxes for the town of Danvers, be, 
and hereby is, fully authorized and empowered to demand 
and recover all such sum or sums of money contained in 
the list or lists of assessment committed to the said John 
Putnam to collect, which remain unpaid ; and he, the said 
Peter, being first sworn faithfully to discharge the said 
trust, is hereby fully empowered to serve and execute the 
same warrant or warrants for collecting the said taxes that 
have been directed to the said John for that purpose, as 
effectually as he, the said Peter, might have done in case 
the same had been originally to him directed, so far as 
relates to collecting the said taxes ; and he, the said Peter, 
shall pay the money when collected, to John Putnam, his 
said father, who shall be held accountable for the same, in 
the same manner he was before the passing this resolve. 

November 11, 1784. 

Chapter 89. 

RESOLVE ON Till', PETITION OF THE FIRST PARISH IN CAM- Chat). 89 
BRIDGE, CONFIRMING THE ASSESSMENTS, AM) EMPOWER- l ' 

1NG THE ASSESSORS OF SAID PARISH TO ASSESS. 

On the petition of the First Parish in Cambridge : 
Resolved, That the assessment mentioned in the peti- 
tion of the inhabitants of the First Parish in Cam- 
bridge, be, and it is, hereby declared to be ratified and 



:>10 1784. — October Session. 

continued, so that the same shall be deemed, held and 
taken, in all Courts of law, good and valid ; the objections 
thereto stated in the said petition notwithstanding. 

And be it further Resolved, That the Assessors of the 
said First Parish in Cambridge, for the time being, be, and 
they are hereby authorized in any future assessment by 
them to be made, to adhere to the practice of their prede- 
cessors, in omitting to assess such lands and persons liv- 
ing thereupon as have never been assessed in the said 
parish, until the dispute between that and the Second 
Parish in Cambridge, relative to the bounds between the 
same parishes, shall according to their proposal be ami- 
cably, or otherwise adjusted and settled. 

Provided always, That this resolution shall not be con- 
strued so as to affect the right of either parish, or to pre- 
vent their trying the same in a due course of law when 
they shall think proper so to do. November 11, 17S4. 

Chapter 90. 

Chap. 00 RESOLVE ON THE PETITION OF MART COFFIY, AUTHORIZING 
HER TO MAKE SALE OF ALL THE REAL ESTATE MENTIONED. 

Upon the petition of Mary Coffin, shelving that her 

daughter Margaret Coffin, a minor, is seized of one fourth 

part of a small farm, in Woburn, by the sale of which 

the interest of the said Margaret ivoidd be much advanced: 

Therefore, 

Resolved, That the said Mary Coffin be, and she 
hereby is, authorized and empowered to make sale of all 
the real estate of which the said Margaret is seized in 
common with said Mary and others, by deed from 
Thomas Austin Coffin,' and situated in Woburn; she first 
giving bonds to the Judge of Probate, for the county of 
Suffolk, to account with the said Margaret, when she 
shall arrive at full age, for the proceeds of said sale, with 
interest therefor. November 11, 1784. 



Chap. 



Chapter 91. 

Ql RESOLVE ON THE PETITION OF ESTHER FREEBORN, EMPOW- 
ERING THE GUARDIANS TO SELL THE LAND MENTIONED. 

On the petition of Esther Freeborn, Indian woman, 
praying for liberty to sell about four acres of laud, in 



1784. — October Session. 311 

Grafton, in the county of Worcester, for reasons set forth 
in the said petition: 

Resolved, That Edward Rawson and Willis Hall, 
Esq'rs., guardians to the Grafton Indians, be, and hereby 
are, empowered to sell the said land for the most the same 
will fetch, and to make and execute in their said capacity 
a good and lawful deed or deeds of the same, to the pur- 
chaser or purchasers thereof; the proceeds of the said 
sale to be applied for the support of the said Esther Free- 
born, and family, as mentioned in the said petition, under 
the directions of the said guardians, they to be account- 4 

able to the General Court for the expenditure thereof. 

November 11, 1784. 

Chapter 92. 

GRANT TO THE PRESIDENT, SPEAKER, AND TO THE CLERKS OF Qhaj) 92 
THE SENATE AND HOUSE. 1 ' 

Resolved, That there be granted and paid out of the 
public treasury of this Commonwealth to the Hon. Sam- 
uel Adams, Esq ; President of the Senate, the sum of Six 
shillings per day, for each day's attendance the present 
session of the General Court; and also to . the Hon. 
Samuel A. Otis, Esq ; Speaker of the House of Repre- 
sentatives, the sum of Six shillings per day, for each day's 
attendance on the General Court the present session, over 
and above their respective pay as members of the General 
Court. 

And, it is further resolved, That there be allowed and 
paid out of the public treasury of this Commonwealth, to 
Mr. Geonje Richards Minot, Clerk of the House of Rep- 
resentatives ; and also to Thomas Edwards, Esq ; Clerk of 
the Honourable Senate ; the sum of Thirty pounds each, in 
part for their services the present year. 

November 11, 1784. 

Chapter 93. 

ORDERED THAT THE SECRETARY AND COMMISSARY GENERAL (Jhun 93 
GIVE NOTICE TO SAMVEL EODODON, ESQ; COMMISSARY OF l ' 

MILITARY STORES, OF ALL THE STORES BELONGING TO THE 
UNITED STATES IN THIS COMMONWEALTH. 

Ordered, That the Secretary and Commissary General 
be, and they hereby are, directed to give notice to Sam- 



312 1784. — October Session. 

uel Hodgdon, Esq ; Commissary of military stores, of all 
the stores which belong to the United States that are 
within this Commonwealth, of which they have received 
any return, or which have come to their knowledge. 

November 12, 1784. 



Chapter 94. 

Chan 94 0RDER directing the delegates of this state to be 

* ' PRESENT IN CONGRESS ON THE FIRST OF DECEMBER NEXT; 

AND THE SECRETARY TO NOTIFY THE SAID DELEGATES. 

Ordered, That the Delegates of this Commonwealth to 
Congress be, and they hereby are, severally directed to be 
present in Congress on the first day of December next ; 
and the Secretary is directed to serve each of the said 
Delegates with an attested copy of this order. 

November 12, 1784. 



Chapter 95. 



CllCW. 95 RESOLVE ON THE PETITION OF JOHN GARDNER, 
1 ' THE COUNTY OF NANTUCKET, RENDERING XA 



SHERIFF OF 
"ALID ALL HIS 
ACTS AND DOINGS PREVIOUS TO HIS GIVING BOND. 



Upon the petition of John Gardner, Sheriff of the 
county of Nantucket, representing that the act of the Leg- 
islature requiring the Sheriffs of the several counties in 
this Commonwealth to give good and sufficient bonds for 
the faithful performance of their duty to the Treasurer of 
the said Commonivealth, before the next session of the 
Court of Common Pleas in the respective counties, did 
and could not. from certain inevitable circumstances, come 
to the knowledge of the said act till a Court of Common 
Pleas hadbeen held in the said county of Nantucket, and 
that he officiated in his said office without complying with 
the requisition of the act aforesaid: Therefore, 

Resolved, That all the ads and doings of the said John 
Gardner, in his said office of Sheriff, prior to his giving 
bonds, agreeable to the requisition of the act aforesaid, 
be, and are, hereby rendered to all intents and purposes, 
as valid in law as if the said John Gardner had given 
bonds within the lime prescribed by the said act. 

November 12, 1784. 



1784. — Octobeii Session. 313 

Chapter 96. 

RESOLVE GRANTING SEVEN HUNDRED POUNDS FOR DEFRAY- Qfrdp <)() 
ING THE NECESSARY CHARGES OF THE COUNTY OF MID- 1 ' 

DLESEX. 

On the representation of the Justices of the Court of 
General Sessions of the Peace for the county of 
Middlesex : 

Resolved, That there be, and hereby is granted a tax of 
Seven hundred pounds for defraying the necessary charges 
of the said county of Middlesex, to be levied on the polls 
and estates of the several towns and districts in the said 
county : And the Clerk of the said Court is hereby 
authorized and empowered to apportion the said sum on 
the several towns and districts in the said county; and 
issue his warrant directed to the Selectmen or Assessors 
for each respective town and district's proportion of the 
same, agreeable to the laws of this Commonwealth, for 
defraying, levying and collecting county taxes, and pay- 
ing the same to the treasurer of the said county, agree- 
able to his warrant for that purpose. 

November 12, 1784. 

Chapter 97. 

RESOLVE ON THE PETITION OF EBENEZER CRAFTS, ESQ; IN Chap. 97 
BEHALF OF THE TOWN OF STURBRIDGE, DIRECTING THE 
TREASURER TO RECALL HIS EXECUTION FOR BEEF, AND 
GRANTING SEVEN POUNDS, THREE SHILLINGS AND EIGHT 
PENCE IN FULL FOR OVER PAY IN BEEF. 

On the petition of Ebenezer Crafts, Esq; in behalf of 
the town of Sturbridge, praying that an execution against 
the said town for part of their quota of beef may he . 
recalled, and that the said town may be allowed for four 
hundred and thirty-one weight of beef that the said town 
hath found more than their quota, their receipt for I he sunn 
failing of being seasonably returned notwithstanding ', for 
reasons set forth in the said in-lit inn. 

And whereas the said Ebenezer Crafts hath made it 
appear to /he satisfaction of this Court, that the said town 
of St urbridge did seasonably pay and deliver four hundred 
and thirty-one weight of beef over and above the quota set 
on the said town: Therefore, 



314 1784. — October Session. 

Resolved, That the Treasurer of this Commonwealth he, 
and he hereby is directed to recall the execution he has 
issued against the said town of Sturbridge, they paying 
the said Sheriff's fees, and that no further process be had 
thereon. 

And be it farther resolved, That there be paid out of the 
treasury of this Commonwealth to the petitioner afore- 
said, for the use of the said town of Sturbridge, the sum 
of Seven pounds, three shillings and eight pence, in full 
for the said four hundred and thirty-one weight of beef 
aforesaid. November 12, 1784. 



Chapter 98. 

Chap. 98 RESOLVE ON THE PETITION OF ELIPHAZ STEARNS, IN BEHALF 
1 ' OF THE TOWN OF DOUGLASS, REMITTING A FINE LAID ON 

SAID TOWN FOR NOT SENDING A REPRESENTATIVE. 

On the petition of Eliphaz Stearns, in behalf of the town 
of Douglass, jwaying for an abatement of the sum of twenty 
pounds, being a fine laid on the said town for not sending 
a Representative in the year 1782 : 

Resolved, That there be paid out of the treasury of this 
Commonwealth, to the said town of Douglass, the sum of 
Ten pounds, being the one half of the said tine. 

November 12, 1784. 



Chapter 99. 

Chap. 99 RESOLVE ON THE PETITION OF THE SELECTMEN, IN BEHALF 
OF THE INHABITANTS OF MILFORD, ABATING A FINE FOR 
NOT SENDING A REPRESENTATIVE FOR 1781 AND 1782. 

On the petition of the Selectmen, in behalf of the inhab- 
itants of Milford, praying for an abatement of the fine 
for not sending a Representative for the years 1781 and 
17 $2, for reasons set forth in the petition : 

Resolved, That the prayer of the petition be so far 
granted, as that Twenty-live pounds of said lines be 
abated; and Unit the Treasurer be, and he is hereby 
directed to discharge the town of Milford the aforesaid 
sum, in the tax granted in 1783. 

November 12, 1784. 



1784. — Octohki: Session. 315 



Chapter lOO. 

RESOLVE ALLOWING OLIVER PHELPS TO RECEIVE RECEIPTS 
FOR BEEF FROM THE SECRETARY GIVEN I3Y THE SEVERAL 
AGENTS, TAKING HIS RECEIPT FOR THE SAME. 

Whereas it has been represented to (his Court, that the 
accounts of the agents in the several counties for collecting 
beef under Oliver PhelpSj JSsq; have not been completely 
settled: 

Resolved, That Oliver Phelps, Esq ; be allowed to 
receive from the Secretary's office the receipts given by 
the agents aforesaid, in order to check the accounts of the 
said agents with the accounts by them exhibited to 
the said J 'helps. And the Secretary is hereby directed 
to make a list of the said receipts, and deliver them to 
Oliver Phelps, Esq ; taking his receipt therefor. 

November 12, 1784. 

Chapter lOl. 

RESOLVE ABATING CERTAIN TOWNS IN THE COUNTY OF 

LINCOLN. 

Whereas there is large sums in taxes due from the 
several towns and plantations in the county of Lincoln, 
hereafter mentioned, and by reason of their being in the 
neighbourhood of the enemy for several years past, they 
are unable to pay the whole of the said taxes: Therefore, 

Resolved, That the Treasurer of this Commonwealth 
be, and he hereby is, directed to recall all the warrants 
that have issued from the said office to said towns and 
plantations, for taxes previous to the first day of June 
last, and which have not been paid into the said office ; 
and issue his warrants to the Assessors of the said towns 
and plantations for the sums respectively set against 
them, viz. 

Newcastle, Five hundred and seventeen pounds, ten 
shillings. 

Waldoboro', Six hundred and fifty-five pounds, ten shil- 
lings. 

Boothbay, Four hundred and ninety-six pounds, fifteen 
shillings. 

Bristol, Seven hundred and ninety-three pounds, ten 
shillings. 



Chap.100 



CImp.101 



316 1784. — October Session. 

Edgecombe, Four hundred and eleven pounds, ten shil- 
lings. 

Warren, Two hundred and twenty-four pounds, five 
shillings. 

Thomaston, Two hundred and fifty-five pounds, six 
shillings. 

Walpole, Two hundred and seven pounds. 

Sterlington, Fifty-eight pounds, ten shillings. 

St. Georges, Three hundred and ninety-three pounds, 
sixteen shillings. 

Medumcook, Ninety-four pounds, sixteen shillings. 

Also, Resolved, That the Assessors of the aforesaid 
towns and plantations severally, be, and they hereby are, 
directed to assess the same in the following manner, viz. : 
Twenty-three shillings on each rateable poll, and the 
remainder on the estates, real and personal, in the same 
manner as hath heretofore been required. 

And be it further Resolved, That the sheriff of the said 
county of Lincoln, be, and he hereby is, directed to make 
return of all executions now in his hands, from the Treas- 
urer aforesaid, against the towns and plantations afore- 
said, with the monies he has already received. 

And be it further Resolved, That the sum paid by cither 
of the said towns to the sheriff aforesaid, in part of taxes 
assessed previous to the first day of June last, be deducted 
from the tax to be assessed as aforesaid. 

November 12, 1784. 



Chapter 102. 



Char) 102 r esolve for bringing delinquent sheriffs and 

1 ' TORS TO ACCOUNT, DIRECTING THE TREASUKKK 



AND COLLKC- 
IN THIS 
CASE. 



Whereas it is represented to this Court that several 
Sheriffs to whom executions hare been committed against 
delinquent Collectors, and man// Collectors in the several 
towns and of her places in /his Commonwealth, //are public 
monies in /heir hands, and. unreasonably and unjustly 
detain (he same for /heir own emolument, to the great dis- 
credit of the Commonwealth and the injury of the creditors 
thereof: For remedy whereof, 

Resolved, Thai the Treasurer be, and he is, hereby 
directed forthwith to compel and enforce such delinquent 



1784. — October Session. 317 

Sheriffs and Collectors to an immediate settlement, as shall 

appear to him to have detained public monies as aforesaid. 

And whereas it is further represented, that there are 

now outstanding in the hand* of /Sheriffs and Collectors, 
receipts, orders and due hills heretofore issued by the 
former and present Treasurer, which it is absolutely 
necessary should be immediately brought into the treasury 
in order to compleat a settlement with the late Treasurer's 
administrator, and to knoiv the true state of the treasury: 
Therefore, 

Resolved, That the Treasurer be, and he is, hereby 
directed to call on all Sheriffs and Collectors who have in 
their hands such receipts, orders and due bills, to bring 
the same into the treasury ; and in case the said Sheriffs 
and Collectors shall neglect or refuse to return the said 
receipts, orders and due bills, into the treasury, by the 
first day of February next ensuing, the Treasurer is fur- 
ther directed to compel such delinquents to a settlement: 
And the said Treasurer is further directed to transmit 
complaints to the Clerks of the Courts of General Sessions 
of the Peace, in the several counties of this Common- 
wealth, against such towns and plantations as have neg- 
lected to make returns to him of the names of the 
Collectors of such towns and plantations of whom the said 
Treasurer has required any assessments ; and the said 
Treasurer is directed to lay before the General Court on 
the fourth Wednesday of the next sitting thereof, his 
doings herein, and an account of the amount of all such 
receipts, orders and due bills, and payments, as may be 
by him received before the said day. 

November 12, 1784. 

Chapter 103. 

RESOLVE DIRECTING SHERIFFS AND DEFUTY SHERIFFS, NOT (JJi ai) 103 
TO RECEIVE PUBLIC SECURITIES OR CERTIFICATES FROM ' ' 

COLLECTORS OF TAXES, UNLESS — AND DIRECTING THE 
TREASURER IN THIS CASE. 

Whereas there is reason to apprehend that the public 
credit has suffered by public officers in certain vases, making 
an undue use of public money : 

Resolved, That all Sheriffs and Deputy Sheriffs be, and 
they are hereby directed not to receive any public certifi- 
cates or securities from any Collector, unless Ihe said 



318 1784. — October Session. 

Collector shall, before some Justice of the Peace, take the 
following oath, viz. 

I, A. B. do swear, that all the certificates and securi- 
ties now offered by me, to the amount of 
were received from the persons named in my rate list, 
in discharge of the taxes committed to me to collect, 
or otherwise without any discount or premium what- 
ever. So help me GOD. 

And the Justice before whom such oath shall be taken, 
shall give a certificate purporting that the oath by this 
resolve prescribed was taken before him, and shall therein 
express the sum mentioned in the said oath ; which cer- 
tificate shall be delivered with the said public certificates 
and securities to the sheriff, and by him to the Treasurer. 

And it is further Resolved, That the Treasurer shall 
not receive from any Sheriff or Deputy Sheriff any more 
public certificates or securities in discharge of executions, 
than shall be the amount of the sums expressed in the 
Justices certificates which shall accompany the same, 
unless the Sheriff or Deputy Sheriff shall take an oath, 
either before the Treasurer, or shall send a certificate 
thereof to the Treasurer, that the residue (expressing the 
sum) was received without any discount or premium 
whatever. 

Resolved, That the Treasurer shall not receive from any 
Collector any public certificates or securities, unless the 
Collector shall before him take the oath above prescribed. 

Provided nevertheless, When the Collector shall send 
the certificates or securities to the treasury by another 
person, the said Collector shall take the oath above pre- 
scribed, before some Justice of the Peace, who shall 
deliver to such Collector a certificate thereof, specifying 
the sum sworn to as above directed, which shall be trans- 
mitted with the said public certificates and securities to 
the treasury, and so much only in the said public certifi- 
cates and securities shall be received by the Treasurer as 
is expressed in the certificates given by the Justice ; and 
no fees shall be received by any Justice for administering 
the oath or giving the certificate hereby required. 

November 13, 1784. 



RESOLVES 



GENERAL COURT OF THE COMMONWEALTH 
OF MASSACHUSETTS: 

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUF- 
FOLK, ON WEDNESDAY, THE TWENTY-SIXTH DAY OF 
MAY, ANNO DOMINI, 17S4; AND FROM THENCE CON- 
TINUED, BY ADJOURNMENTS, TO WEDNESDAY, THE 
NINETEENTH DAY OF JANUARY, 1785. 



1784. — January Session. 
Chapter 1. 

RESOLVE ENTITLING JOSIAH JONES TO ONE HALF PAY AS A (JJ )a i) ~[ 

SOLDIER. 1 ' 

On the representation of John Lucas, Commissary of 
Pensioners, in behalf of Josiah Jones, a soldier, who was 
wounded in the service of the United States: 

Resolved, That the said Josiah Jones be entitled to one 
half part of pay as a soldier, from June the tenth, one 
thousand seven hundred and eighty-one, till the further 
order of the General Court or Congress. 

January 21, 1785. 



Chapter 2. 



All RALPH, AN INDIAN, Q/ (aj) 2 
3 OF A CERTAIN PIECE ' ' 



RESOLVE ON THE PETITION OF MICA 
EMPOWERING HIM TO MAKE SALE 
OF LAND. 

On the petition of Micah Ralph, an. Indian, praying 
for liberty to sell a certain piece of land, for reasons men- 
tioned in the said petition : 

Resolved, That the prayer of the said petition he 
granted, and that the said Micah he, and hereby is, fully 
empowered to make sale of all the land mentioned in the 



320 1784. — January Session. 

said petition, and make and execute a good and lawful 
deed or deeds of the same to the purchaser or purchasers 
thereof, any law to the contrary notwithstanding. 

January 21, 11 '85. 

Chapter 3. 

CliaV 3 RESOLVE ON THE PETITION OF THOMAS PECHAQUE, EMPOW- 
1 ' ERING HIM TO SELL EIGHT ACRES OF LAND. 

On the petition of Thomas Pechaque, Indian man, 
praying for liberty to sell about eight acres of land, as 
mentioned in the said petition : 

Resolved, That the prayer of the said petition be 
granted, and that the said Thomas be, and hereby is, 
empowered to make sale of the land aforesaid, at the 
value it shall be apprized by the Rev. Zachariah May- 
hew and Mr. Elijah Smith, of Chilmark, and make and 
execute a good and lawful deed or deeds of the same to 
the purchaser or purchasers thereof, they paying the said 
Thomas the sum at which it shall be apprized by the 
aforesaid May hew and Smith; any law to the contrary 
notwithstanding. January 21, 1785. 



Chapter 4. 

Chap. 4 RESOLVE ON THE PETITION OF DENNIS FERNALD, ESQ; EM- 
1 ' POWERING HIM TO SELL THE REAL ESTATE MENTIONED. 

On the petition of Dennis Fernald, Esq; executor of the 
last will and testament of Tobias Fernald, late of Kittcry, 
in the county of York, deceased, praying (for reasons set 
forth in his said petition) for liberty to make sale of such 
a part of the real estate of the said deceased ', as will he 
sufficient to discharge the debts due therefrom, without 
disposing of a number of stale notes belonging to the said 
estate: 

Resolved, Thai the said Dennis be, and he is hereby 
authorized and empowered to sell so much of the real 
estate of the said Tobias as will be sufficient, together 
with the personal estate of the said Tobias (exclusive of 
government securities) to discharge the debts due from 
the said estate, and to give and execute a good and law- 
ful deed or deeds of the same; he, the said Dennis, first 
giving bond with sufficient sureties to the Judge of Pro- 



1784. — January Session. 321 

bate for the said county, to observe the rules prescribed 
by law for the sale of real estates by executors or admin- 
istrators. January 22, 1785. 

Chapter .">. 

RESOLVE ON THE PETITION OF SAMUEL WARD, AND OTHERS, QJ )a p. 5 
DISCHARGING THEM FROM THEIR TRUST AS MANAGERS OF 1 ' 

LAX CASTER LOTTERY, AND APPOINTING OTHERS IN THEIR 
STEAD. 

On the petition of Messrs. Samuel Ward, Israel Atherton 
and flosiah Wilder, managers of the lottery granted for 
repairing and making good the public bridges and cause- 
ways in the town of Lancaster, praying to be discharged 

from their trust, on finishing the business of the three first 
classes, and that others may be appointed in their stead: 

Resolved, That Ephraim Carter, jun., Edmund Heard 
and Jonathan Wilder, of Lancaster aforesaid, be, and 
they hereby are appointed sole managers of all the future 
and succeeding classes of the said lottery, they taking the 
oath enjoined on managers by the act granting the same ; 
and the said Ephraim, Edmund and Jonathan, shall 
thereupon conform to all other rules and regulations in 
the same act prescribed or directed, and shall be subject 
to all the suits and penalties to which the managers first 
aforesaid would have been subject in managing the said 
future and succeeding classes ; and that on the said Eph- 
raim 's, Edmund's and Jonathan's taking the aforesaid 
oaths, and the said Samuel's, Israel's and Josiah's finish- 
ing and compleating the business of the aforesaid three 
classes, in the manner directed by the said act, on the 
last drawing of the said lottery, they, the said Samuel, 
Israel and Josiah, shall, by virtue hereof, be discharged 
from their aforesaid office, business and trust. 

January 22, 1785. 



M7TE.V, DIRECTING QJ^t^ Q 
iTES OF Till; SAME * " 



Chapter 6. 

RESOLVE ON THE PETITION OF RICHARD P. 

THE TREASURER TO DELIVER HIM NOT 

TENOR, AND TO TAKE AN ACCOUNT OF THE NUMBER AND 

DATE OF THE NOTES FRAUDULENTLY TAKEN. 

On the petition of Richard Patten, a soldier in the corps 
of invalids in the Continental Army, setting forth that 
some jwrson had fraudulently personated him, the said 



322 1784. — January Session. 

Richard, with a certificate from Mr. Lucas, Commissary of 
Pensioners, and has drawn noiesfor the pay for his service, 
and praying that notes way be issued to him equal to those 
to which he was entitled: 

Resolved, That the Treasurer of this Commonwealth be, 
and he hereby is, directed to make out and deliver to 
Richard Patten, notes of the same tenor and for the 
same sum that the notes were of to which the said Richard 
was entitled : and the Treasurer is hereby directed to take 
an account of the number and date of the notes fraudu- 
lently taken out of the treasury as aforesaid, and such 
other methods as shall appear to him most likely to detect 
the fraud. January 22, 1785. 

Chapter 7. 

Chap. 7 RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR THE BOUNTY OF BRISTOL, AND GRANTING A TAX OF 
ONE THOUSAND FIVE HUNDRED POUNDS FOR DEFRAYING 
THE CHARGES OF SAID COUNTY. 

On the petition of the Court of General Sessions of the 
Peace for the county of Bristol. 

Whereas it appears upon the examination of the Treas- 
urer's accounts for the same county, that they are rigid 
cast and well vouched to September, 1784, and that the 
monies therein charged were applied fur purposes by law 
a I lowed : Th erefore , 
Resolved, That the said accounts be accepted and allowed. 

And whereas it appears from an estimate of the Justices 
of the said Court, that the sum of Fifteen hundred pounds 
will be needed for the defraying the charges of the said 
county for one year, together with building a goal, 
repairing of the Court House, &c. Therefore, 

Resolved, That there be, and hereby is, granted a tax 
of Fifteen hundred pounds, to be apportioned and assessed 
on the inhabitants of the said county and estates lying 
within the same, and to be collected and paid, and applied 
for the purposes aforesaid, agreeable to the laws of this 
Commonwealth. January 21, 1785. 



Chapter 8. 

Chap. 8 RESOLVE ENTITLING R ICHARD CROUCH TO ONE HALF PAY AS 

1 A COOPER, FROM THE 1st OF JUNE, 1782. 

On the representation of John Lucas, Esq; Commissary 
of Pensioners, in behalf of Richard Crouch, cooper of the 



1784. — January Session. 323 

Continental, Deane, frigate, who contracted a lameness 
while in the service of the United States: 

Resolved, That the said Richard Grouch be entitled to 
one half pay as a cooper, from the first day of June, 1782, 
till the further order of the General Court or Congress. 

January 25, 1785. 



Chapter 9. 



3D AND FIFTY Chap. 9 

S: THE COUNTY ± 



RESOLVE GRANTING A TAX OF TWO HUNDRED 
POUNDS FOR DEFRAYING THE CHARGES IN 
OF TOIiK. 

On the representation of the Justices of the Court of 
General Sessions of the Peace for the county of 'York : 

Resolved, That there be, and hereby is, granted a tax 
of Two hundred and fifty pounds for defraying the neces- 
sary charges of the said county of York, to be apportioned, 
assessed, collected, paid, and applied agreeably to the 
laws of the Commonwealth. January 26, 1785. 



Chapter 10. 

RESOLVE ON THE PETITION OF LOAMMI BALDWIN, ESQ; SHER- Ch<XT) 10 
IFF OF THE COUNTY OF MIDDLEMEN, DIRECTING HIM TO ^ " 

POSTPONE THE SALE OF THE ESTATES MENTIONED, UNTIL 
17th FEBRUARY NEXT. 

Upon the petition of Loammi Baldwin, Esq; Sheriff of 
the county of Middlesex, representing the disadvantage of 
selling for ready money, the estate of Elisha Cutler, upon 
execution, for a debt due to the Commoniceolth : 

Resolved, That the said Baldwin be, and he hereby is, 
directed to postpone the sale of the same estate until the 
17th day of February next, in order that the General 
Court may give direction respecting the same, and that 
the said Baldwin give public notice thereof. 

Resolved, That the same execution shall be, and remain 
in full force until the said 17th day of February, and the 
sale of the premises then made, be as legal to all intents 
and purposes, as if the same had been made upon the 27th 
instant, according to the advertisement thereof by the said 
Sheriff. January 20, 1785. 



324 1781. — Jaxuaky Session. 



Chapter 11. 

Chan 11 IlES0LVE 0N THE PETITION OF EDWARD h. robbins, in be- 
^ ' HALF OF THE TOWN OF MILTON, CONFIRMING THE CHOICE 

OF TWO COLLECTORS OF TAXES. 

Upon the petition of Edward Hutchinson Robbins, in 
behalf of (he town of 'Milton, praying that the choice of tiro 
Collectors of public taxes for the said town, as made by the 
inhabitants thereof, at a legal town meeting on the 6th day 
of January instant, may be qualified ana J confirmed: 

Resolved, That the choice and appointment of Ebenezer 
Williams and Samuel Horton, made by the inhabitants of 
the paid town on the sixth day of January instant, as 
Collectors of public taxes for the said town, be, and here- 
by is, confirmed and made valid, and the said Ebenezer 
and Samuel upon executing such bond as shall be required 
by the Selectmen of the said town, and taking the oaths 
requisite, are hereby severally authorized and empowered 
to use, exercise, and carry into effect, all the powers and 
duties which Collectors are by law authorized to, and 
which they could have done had they been duly appointed 
in March last, and complied with the several requisites of 
law. January 27, 1785. 

Chapter 12. 

Chan l 9 RE?:0LVE 0N TIIE PETITION OF THE SELECTMEN OF FBAM1NG- 
* ' ' HAM, EMPOWERING ABRAHAM BELKNAP TO COLLECT TAXES. 

On the petition of the Selectmen of the town o/Traming- 
ham, praying that Abraham Belknap, might be empow- 
ered to collect such taxes as might be committed to him by 
i he Assessors of the said town: 

Resolved, That the said Abraham Belknap be, and 
hereby is fully authorized and empowered to collect any 
tax or taxes that may be committed to him for that pur- 
pose, by the present Assessors of the said town, in the 
same manner as though the said Abraham had been duly 
chosen a Collector of taxes for the said town in the month 
of March last, and also, that he shall be subject to the 
same penalties, and vested with the same powers as the 
other Collectors of the said town who were then chosen, 
are subject to, and vested with. January 28, 178.'>. 



1784. — January Session. 325 



Chap. 



Chapter 13. 

RESOLVE GRANTING A TAX. TO BE ASSESSED ON THE INHABI- 
TANTS AND ESTATES OF THE COUNTY OF HAMPSHIRE. 

Whereas it appears from an estimate of the. Justices of 
< ourt of General Sessions of the Peace for the count;/ 
of Hampshire, made on, the second Tuesday of November, 
1784, that the sum of Seven hundred pounds will be neces- 
sary to discharge the debts of the said count;/, ami for 
defraying the charges of the said county for one year then 
next ensuing: Therefore^ 

Resolved, That there be, and hereby is, granted a tax of 
Si ven hundred pounds, to be apportioned and assessed on 
the inhabitants of the said county, and estates lying 
within the same : and that the said sum be assessed, col- 
lected, and paid into the county treasury on or before the 
thirty-first day of March next, for the use of the said 
county, and to be applied and paid out according to the 
laws of the Commonwealth. January 28, 1785. 

Chapter 14. 

RESOLVE ON THE PETITION OF EPHRAIM FA1RBANK, ESQ; IN (JliaT). 14 
BEHALF OF BOLTOX AND BERLIN, DIRECTING ASSESSORS 1 ' 

TO MAKE OUT WARRANTS AGREEABLE TO LAW, AND CON- 
FIRMING THEIR DOINGS. 

On the petition of Ephraim Fairbank, Esq; in behalf 
of the town of Bolton and district of Berlin, shewing that 
no warrants were given to collect the county tax in the 
aforesaid town and district, for the year one thousand 
seven hundred and eighty-one; and praying some persons 
ma;/ be empowered to give to the Constables of the said 
Bolton, for the same year, warrants for the aforesaid 
purpose: 

Resolred, That the Assessors of Bolton, for the year one 
thousand seven hundred and eighty-one, be, and they 
hereby are, empowered and directed to make their war- 
rants in manner and form as by law is directed (mutatis 
mutandis) to the Constables aforesaid, and to deliver the 
same to the Constables aforesaid; and the warrants afore- 
said, made and delivered as aforesaid, shall be as good 
and effectual in law, for all future collections, as if the 
same had been made and delivered to the said Constables 
with the lists or assessments of the aforesaid tax. 

January 28, 17S5. 



326 1784. — January Session. 



Chapter 15. 

Chan. 15 resolve on the petition of shearjashub bourne, per- 

1 ' MITTING HIM TO FILE HIS COMPLAINT AGAINST X ATM AN IE L 

HARDING. 

On the petition of Shearjashub Bourne, of Barnstable, 
in the county of Barnstable, Esq; praying for liberty to 
file his complaint upon a default action on a judgment 
recovered by him against one Nathaniel Harding, as set 
forth in his said petition, at any Supreme Court in this 
Commonwealth ; he having by unavoidable accident omitted 
to enter his said complaint at the regular term appointed 
therefor : 

Resolved, That the prayer of the petition be so far 
granted, that the said Bourne have liberty to file his 
complaint against said Harding at the Supreme Judicial 
Court, next to be holden within and for the said county 
of Barnstable ; and that the same Court proceed thereon 
in the same manner as they might by law have done if the 
said Bourne had entered his said complaint at their ses- 
sions in the said county of Barnstable, next after the first 
Tuesday of December, Anno Domini 1783 ; any law, 
usage or custom to the contrary notwithstanding. 

January 28, 1785. 

Chapter 16. 

Chap. 16 RESOLVE DIRECTING THE COMMISSARY GENERAL TO FURNISH 
THE LIGHT HOUSE IN THE HARBOUR OF BOSTON, ANNU- 
ALLY, WITH COAL, WOOD AND CANDLES, AND MAKING 
AN ESTABLISHMENT FOR THE KEEPER AND ASSISTANTS,— 
A GRANT FOR THEIR SERVICES, AND TO THE COMMISSARY 
GENERAL. 

On th<- petition of Thomas Knox, praying for allow- 
ance, Sc.for keeping the light house in Boston harbour: 

Resolved, That the Commissary General of this Common- 
wealth he. and he hereby is, directed to supply the said 
Thoma* Knox with the following articles for the necessary 
use of the said light house, viz. : sixty bushels of Charcoal , 
twelve cords of Wood, and one hundred pounds weight of 
( landles. 

Be it further Resolved, That from the fifth of Decemb<r 
last, the supplies for the said light house, annually, be as 
follows, viz. : Charcoal, sixty bushels ; Wood, twenty-five 
cords, and Cotton and Oil in such quantities as from time 



1784. — January Session. 327 

to time shall be found necessary; and the Commissary 
General is directed, annually, to supply the said articles 
accordingly. 

Be it further Resolved, That there be allowed and paid 
to the keeper of the said light house for the time being, 
for himself and two assistants, One hundred and twenty 
pounds per annum. 

Be if further Resolved, That there be paid out of the 
treasury of this Commonwealth to Thomas Knox, in full 
of his services, us keeper of the said light house, and that 
of his assistants, to the fifth day of December last, One 
hundred and twenty pounds. 

And he it further Resolved, That there be paid out of 
the treasury of this Commonwealth, to Richard Devens, 
Esq ; Commissary General, to enable him to furnish the 
several articles enumerated in the first of these resolves, 
Twenty-four pounds, he to be accountable for the expendi- 
ture of the same. January 29, 1785. 

Chapter 17. 

RESOLVE DISCHARGING A CLASS IN TOPS FIELD FROM AN CkciB. 17 
ASSESSMENT LAID ON THEM, AND DIRECTING ASSESSORS 1 ' 

AND COLLECTORS OF THAT TOWN TO NOTICE THE SAME. 

On the petition of John Tread well, in behalf of a class 
in the town of Topsfield, of which Thomas Porter was 
head : 

Whereas it appears to this Court, that the said peti- 
tioners hare fully complied with the requisition on them 
by the resolve of the 2d December, 1780 (exceptinr/ (he 
said Thomas Porter, head of the said class) : Therefore, 

Resolved, That the said class be, and they hereby are, 
severally discharged from the said assessment, and the 
Treasurer of this Commonwealth, and the Assessors and 
collectors of the town of Topsfield, are hereby directed to 
govern themselves accordingly. January 29, 1785. 

Chapter 18. 

RESOLVE ON THE PETITION OF THOMAS PORTER, DIREOTIXG Qhnyy |Q 
THE TREASURER TO DISCHARGE THE TOWN OF TOPSFIELD *■ ' 

FROM ONE HUNDRED AND TWENTY-EIGHT POUNDS, UPON 
CONDITION, &c. 

Upon the petition of Thomas Porter, shewing, that the 
town of Topsfield are called upon to pay One hundred and 



328 1784. — January Session. 

twenty-eight pounds, for the deficiency of one man, as 
apportioned upon and required of the said town by a resolve 
of the 2d of December, 1780: And whereas by another 
resolve of November 1st, 1782, the said Porter was 
required to procure a wan to supply the said deficiency , 
or pay the sum of Eighty-five pounds, thirteen shillings, 
which he hath neglected to do, and the said Porter having 
prayed the further consideration of this Court thereon: 

liesolved, That the Treasurer of this Commonwealth be, 
and he hereby is, directed to discharge the town of Tops- 
field from the payment of the said sum of One hundred 
and twenty eight pounds, the said Porter paying into the 
treasury of this Commonwealth the sum of Eighty-five 
pounds, thirteen shillings, and upon his neglect so to do 
for the space of forty days, the said Treasurer is hereby 
directed to issue his execution against the said Porter for 
the said sum of Eighty-five pounds, thirteen shillings, 
agreeably to the said resolve of November 1st, 1782, 
returnable in forty days from the date of the same writ. 

January 29, 1785. 

Chapter 19. 

C/lCip. 19 RESOLVE ON THE PETITION OF COL. TIMOTHY BIGELOW, 
GRANTING HIM TWENTY-NINE POUNDS, FOURTEEN SHIL- 
LINGS AND NINE PENCE. 

On the petition of Timothy Bigelow, Esq; sitting forth 
that in /he beginning of the late war he was a Major in a 
regiment whereof Jonathan Ward, Esq; was Colonel, and 
was made up in a muster roll for the pay of the said regi- 
ment, from the 15V// day of April, 1775, for three months 
and twenty days ; that at the time of making up the said 
rod he was in Canada, and did not return from that place, 
where he was a prisoner, until the fall of the year 177(>, 
which was the reason of his not receiving his pay at the 
time the money was due on the saiil roll; that immediately 
upon his velum his whole time was taken up in raising a 
regiment in tin- Continental service, and that he has never 
applied for his said wages until eery lately, when lie tvas 

informed by the present Treasurer of the said Common- 
/rra//h, that he was not at liberty to pay tin- money upon 
the former warrant annexed to the said roll, without some 
further order from this Comi, and that he never has 
received any part of his said wages borne on the said roll. 



1784. — January Session. 329 

And whereas if appears, ///at the said Bigelow was made 
up in the aforesaid roll for his service aforesaid, the sun/, 
of Twenty-nine pounds, fourteen shillings and nine pence, 
and it doth not appear that he ever has been paid; but that 
soon after the said warrant was drawn on Henry Gardiner, 
Esq; thru Treasurer of the said Commonwealth, viz. : in 
June, 17 7(1, the said Gardiner settled his accounts with the 
said Commonwealth, and mas allowed the whole of the said 
/'•arrant, which included the said Bigelow's wages (/fore- 
said. 

Resolved, That the Treasurer of this Commonwealth for 
the time being, be, and hereby is, directed to pay the 
aforesaid Timothy Bigelow, Esq ; the aforesaid sum of 
Twenty-nine pounds, fourteen shillings and nine pence, in 
full for his services as aforesaid, and that the said Treas- 
urer charge the same to the account of the said Com- 
monwealth against the estate of the said Gardiner. 

January 29, 17S5. 

Chapter 20. 

RESOLVE ON THE PETITION OF NOAH MCINTIRE, DIRECTING (JJtfnj 20 
HIM TO MAKE UP A ROLL FOR HIS SERVICES AT BROOKFIELD, * ' 

AND ALLOWING HIM EIGHT POUNDS FOR NURSING HIS SON. 

On the petition o/Noah M.clnt\ve, praying for an allow- 
ance for wages, doctoring, nursing and providing neces- 
saries in sir/r 1 1 ess for his .son, Noah Mclntire, jun., who 
was a draughted soldier for the term of six months, to 
guard the public stores at Brookfield : 

Resolved, That the prayer of the said petition be granted ; 
and that Captain Benjamin Freeman, of Sturbridge, who 
was the Lieutenant that commanded the guards at Brook- 
field, in the year 1778, be, and he hereby is, empowered 
and directed to return into the Secretary's office of this 
Commonwealth, a muster roll, authenticated in the usual 
manner ; in which roll he is hereby directed to make up 
the aforesaid Noah Mclntire, Jun., At forty shillings per 
month for the six months that he was a draughted soldier 
in the public service, as set forth in the said petition ; 
and hi- Excellency the Governor, with advice of Council, 
is hereby empowered to examine said roll, and pass the 
same for payment. 

And be it further Resolved, That there be paid out of 
the treasury of this Commonwealth, to the petitioner 



330 1784. — January Session. 

aforesaid, the sum of Eight pounds, which is to be in full 
for his providing for, and for the doctoring and nursing 
of the said Noah Mclntire, jun., while he was in the ser- 
vice of the United States, and that the same be charged 
to the said United States. January 31, 1785. 



Chap. 21 RESOLVE ON THE PE1 
HIM TO NOTIFY R( 



Chapter 21. 

PETITION OF ABIJAH KENDALL, DIRECTING 
\OBERT WHITE TO APPEAR THE SECOND 
WEDNESDAY OF NEXT SESSION, &c. 

On the petition of Abijah Kendall, setting forth, that 
Robert White hath obtained an erroneous judgment against 
h im : 

Resolved, That the petitioner serve the said Robert with 
a copy of his petition and this resolve, fourteen days 
before the second Wednesday of the next sitting of the 
General Court ; and that the said Robert may appear on 
the same day, and shew cause, if any he hath, why the 
prayer of the petition should not be granted ; and all 
process on the said judgment shall be stayed in the mean 
time . January 31 , 1 785 . 

Cliapter 22. 

Chap. 22 RESOLVE REMITTING TAXES in dukes county, ON THE 
REPRESENTATION OF THE SEVERAL TOWNS IN SAID COUNTY. 

On the memorial and petition of the Representatives of 
s the several towns in Dukes County : 

Resolved, That the prayer of the petition of Ebenezer 
Smith, Samuel Norton and Shubael Cottle, Representa- 
tives for the several towns in Dukes Count//, be so far 
granted, that the said towns be exempted from paying 
any part of the several species of taxes (or lines for not 
raising of men for supporting the late war) which have 
been required of them by the General Court of the Mas- 
sachusetts, since the last day of December, A. D. 1777, to 
the first day of March, 1783. The said towns are also 
exempted from paying their several proportions of the 
tax for three years and three and live months men, set to 
the said towns in the State Tax granted in March A. D. 
1783 : And the -aid towns shall be only held severally to 
pay their equal proportion of the State Tax for the sum of 
Two hundred thousand pounds, granted \\\ March afore- 



1784. — January Session. 331 

said ; and also all the arrearages of (axes due from each 
of the said towns before the first day of January, 1778, 
excepting such sum or sums of public monies as were 
taken from the Collector of the town of Edgartown by 
the British troops, being part of the monies collected of 
the inhabitants of the town aforesaid ; to discharge their 
public taxes for the year 1777, viz. Three hundred thirty- 
six pounds, five shillings and lliree pence, in Continental 
bills of credit. January 31, 1785. 

[The original papers belonging with this Resolve con- 
tain statements of losses sustained by the towns in Dukes 
County in 1778, etc.] 

Chapter 23. 

RESOLVE ON THE PETITION OF EZEKIEL KENDALL. DIRECTING CJlCip. 23 
HIM TO SERVE BENJAMIN KENT AND OTHERS WITH A COPY 
OF HIS PETITION AND THIS RESOLVE, &c. 

On the petition of Ezekiel Kendall, setting forth, that 
Benjamin Kent and others hath obtained an erroneous 
judgment against him: 

Besolved, That the petitioner serve the said Benjamin 
Kent and others with a copy of his petition and this 
resolve, fourteen days before the second Wednesday of 
the next sitting of the General Court, that the said Ben- 
jamin Kent and others may appear on the same day, and 
shew cause, if any they have, why the prayer of the peti- 
tioner should not be granted ; and all process on the said 
judgment shall be stayed in the mean time. 

February 1, 1785. 

Chapter 24. 

RESOLVE ON THE REPRESENTATION OF THE COMMISSARY OF QhCLT). 24 
PENSIONERS, ENTITLING EDMUND POTTER TO ONE-THIRD 
PAY. 

On the representation of John Lucas, Esq; Commis- 
sary of Pensioners, in behalf of Edmund Potter, a sol- 
dier, who icas debilitated while in the service of the United 
Stales: 

Resolved, That the said Edmund rotter be entitled to 
receive one-third part of pay as a soldier, from the 
twelfth day of June, 1783, till the further order of the 
General Court or Congress. February 1, 1785. 



332 1784. — January Session. 



Chapter 25. 

Chap. 25 RESOLVE ON the PETITION OF JOHN darling, directing 
THE TREASURER TO ISSUE NOTES IN HIS FAVOUR, IN LIEU 
OF OTHERS OBTAINED BY A FORGED ORDER, AND TO PROS- 
ECUTE THE OFFENDER. 

On the petition of John Darling, setting forth, that 
wages were due to him for his service as a soldier in the 
Continental Army ; but that, previous to his making appli- 
cation to the Treasurer for his notes, a forged order was 
presented therefor by one John Baker, and notes made out 
and delivered accordingly, wherefore he hath never been 
able to ob'ain his said wages. 

And whereas it appears to this Court that the said order 
was false and forged : Therefore, 

Resolved, That the Treasurer be, and he hereby is 
directed to issue a note or notes to the said John Darling, 
to the amount of the wages due to him as aforesaid, in the 
manner prescribed by law ; and to take every possible 
measure for detecting and bringing to justice the perpe- 
trators of the forgery and fraud aforesaid. 

February 1, 1785. 

Chapter 2G. 

Chap. 26 R ESOLVE ON THE PETITION OF THOMAS STEVENS, GRANTING 
HIM NOTES IN LIEU OF NOTES OBTAINED BY FORGED OR- 
DER. 

On the petition of Thomas Stevens, setting forth, that 
wages were due to him for his services as a soldier in the 
Continental Army; but that, previous to his making aj)pli- 
cation to the Treasurer for his notes, a forged order was 
presented therefor by one Stephen Curtis, and notes made 
out and delivered accordingly, ivherefore lie hath never been 
able to obtain his said wages. 

And whereas it appears to this Court thai the said order 
was false and forged : Therefore, 

Resolved, That the Treasurer be, and he hereby is 
directed to issue a note or notes to the said Thomas 
Stevens, to the amount of the wages due to him as aforesaid, 
in the manner prescribed by law ; and take every possible 
measure for detecting and bringing to justice the perpe- 
trators of the forgery and fraud aforesaid. 

February 1, 1785. 



1784. —January Session. 333 

Chapter 27. 

RESOLVE GRANTING A TAX, TO BE ASSESSED ON THE INHAB- Q/ ia j) 9J 
HANTS AND ESTATES OF DUKJ.S COUNTY. * ' 

On the representation of the Justices of the Court of 
General /Sessions of the Peace for the county of Dukes 
County, praying that they may be em/powered to assess, 
upon the inhabitants and the estates within the same, the sum 
of One hundred and eighty pounds, to defray necessary 
charges that have arisen: 

Resolved, That there be, and hereby is, granted a tax of 
One hundred an<I eighty pounds, to be apportioned and 
assessed on the inhabitants of the said county and estates 
lying within the same ; and to be collected, paid and 
applied for the use of the said county, agreeable to the 
laws of this Commonwealth. February 1, 1785. 

Chapter 28. 

RESOLVE ON THE PETITION OF MESSIEURS ADAMS AND (JliaV- 28 
NOURSE, DIRECTING THE TREASURER TO PAY THEM FROM -* " 

ANY MONEY IN HIS OFFICE, &c. 

On the petition of Thomas Adams and John Nourse, 
Printers to the General Court: 

Resolved, That the prayer of the petition be so far 
granted, as that the Treasurer be, and he hereby is, 
empowered and directed to discharge any warrants they 
may have on him for printing for the General Court 
aforesaid, out of any monies he may have in his hands, 
and replace the same out of the first monies he shall 
receive into the treasury that is not appropriated. 

February 2, 1785. 

Chapter 29. 

ORDER ON THE PETITION OF THOMAS IVES. Chap. 29 

On the petition of Thomas Ives. 

Ordered, That the petition of Thomas Ives, Collector 
of impost and excise in the county of Berkshire, with 
the papers accompanying, be referred to the Attorney 
General of this Commonwealth; and that he be, and he 
hereby is, directed to enquire into the facts alledged 



331 1781. — January Session. 

therein, find to take such measures thereon as may appear 
to him consistent with the laws, and for the interest of 
this Commonwealth. February 2, 1785. 

Chapter 30. 

Chap. 30 RESOLVE GRANTING TWENTY POUNDS, TEN SHILLINGS TO MR. 
JOHN MARSTON, BEING THE BALANCE OF HIS ACCOUNT FOR 
PROVIDING A PUBLIC DINNER ON THE RETURN OF PEACE. 

Resolved, That there be allowed and paid out of the 
public treasury of this Commonwealth, the sum of Twenty 
pounds, ten, shillings, to Mr. John Marston, in full dis- 
charge of the remainder of his account against the Gov- 
ernor, for his providing an entertainment on the 25th day 
of February, 1784, on the celebration of the return of 
peace. February 3, 1785. 

Chapter 31. 

Chan 31 RES0LVE granting two hundred and eighty-five pounds* 

■L ' FOURTEEN SHILLINGS AND TEN PENCE, TO CAPT. CALEB 

HOPKINS, AS STORE KEEPER TO THE LATE BOARD OF WAR 
OF THIS STATE. 

Whereas it appears by a certificate from Thomas Ivers, 
one of the committee for settling the accounts of the late 
Board of War, that there is a balance of Two hundred and 
eighty-rive pounds, fourteen shillings and ten pence, due 
• to Capt. Caleb Hopkins' account, as storekeeper to the said 
board : 

Resolved, That there be allowed and paid to Capt. 
Caleb Hopkins, out of the treasury of this Common- 
wealth, the sum of Two hundred and eighty-five pounds, 
fourteen shillings and (en pence, in full discharge for the 
balance due to him from the late Board of War. 

February 3, 1785. 

Chapter 32. 

ChflV 3? RESOLVE ON THE PETITION OF JAMES NICHOLS, DIRECTING 
KjltUJJ. O-j THB TREASURER T0 PAY HIM FORTY-FOUR POUNDS, NINE- 
TEEN SHILLINGS AND THREE-PENCE HALF-PENNY, WITH 
INTEREST. 

Upon the petition of James Nichols, selling forth that in 
December, 1782, lie lodged in the 'Treasurers ('ffice a 



1784. — January Session. 335 

receipt given by Henry Gardiner, Esq; late Treasurer of 
this Commonwealth, in favour of John Sexton, a Collector 
of (axis of the town of Deerfield, in the count;/ of Hamp- 
shire, dated June 2lst, 1782, for the sumof Two hundred 
and twenty pounds, the proper!;/ of the said Nichols ; 
(hdf mi execution was issued to the Sheriff of the said 
count;/, by Thomas hers, Esq; present Treasurer, against 
the said John Sexton, in favour of the said Nichols, for 
the amount of (he said receipt, with the addition offiueper 
cent, agreeable to a resolve of the General Court passed 
the second da;/ of November, 1782 : 

Whereas there appears to this Court, that there was a 
mistake of Five pounds, ten shillings, in the addition of (he 
five per cent, in (//e sum before mentioned; (hat (lie said 
John Sexton has since deceased, insolvent, and that it 
appears (hat the sum of One hundred and eighty-eight 
pounds and eight pence two farthings only, is received 
by the said Nichols on (he said execution, and that (Jiere is 
due (o (he said James Nichols, the sum of Forty-four 
pound-*, nineteen shillings and three pence half-penny, 
together with the interest: Therefore, 

Resolved, That the Treasurer pay out of the treasury of 
this Commonwealth, unto James Nichols, the sum of 
Forty-four pounds, nineteen shillings, three pence half- 
penny, together with the interest on the said sum, in full 
for the sum due by the receipt aforesaid. 

February 3, 1785. 



Chapter 33. 

REPRESENTATION OF STEPHEN CEO ATE, ESQ; nj ?an QQ 
IM TO PAY THE SUM MENTIONED, INTO THE Kj ' t{l r' °° 



RESOLVE ON A 
DIRECTING HIM 
TREASURY. 

On the representation of the Hon. Stephen Choate, Esq; 
agent for (he Commonwealth of Massachusetts, praying 
for direction in what manner he may be discharged (he 
sum of Nine pounds, twelve shillings, which he has received 
in the behalf of the said Commonwealth, as rent for (lie 
improvement of Thatcher's Island [so called) for the year 
1783 : 

Ordered, That the said Stephen Choate, Esq ; be, and 
he is, hereby directed to pay into the public treasury, the 
said sum of Nine pounds, twelve shillings, taking duplicate 
receipts therefor, one of which to be lodged in the Secre- 
tary's oflice. Ftbruary4, 1785. 



336 1784. — January Session. 



Chapter 34. 

Char) 34- Resolve committing the machine for boring cannon, 
■* ' AND a quantity of copper at bridgewater, to the 

CARE OF nUGII ORR, ESQ; AND THAT A RETURN THEREOF 
BE MADE TO THE COMMISSARY GENERAL. 

Whereas a via chine for boring caiman, and a quantity 
of unrefined copper, the property of this Commonwealth, 
are now at Bridgewater, under the care of the Hon. Hugh 
Orr, Esq; and it is judged expedient that the same should 
remain there: Therefore 

Resolved, That the said machine and copper be still 
kept at the said place, under the care of the Hon. Hugh Orr, 
Esq ; and that a return be made to the Commissary 
General of the said machine, and of the weight of the said 
copper, the weight thereof to be taken by said Orr, 
in conjunction with Capt. David Kingman, of the said 
Bridgewater, who are directed to make their return 
accordingly. February 5, 1785. 



Chapter 35. 

Chan 35 RES0LVE 0N THE petition of daniel souther and others, 

KjII IJ. . O PROPRIETORS OF HULL, AUTHORIZING THEM TO LEVEL 

WORKS ERECTED THERE, AND DIRECTING THE COMMISSARY 
GENERAL TO CAUSE THE BARRACKS TO BE APPRAISED, &C. 

On the petition of Daniel Souther and Thomas Jones, 
for themselves and others, proprietors of lands in the town 
of 'Hull, pray / 'ng , for reasons set forth in the said petition, 
that they may be permitted to level the fort, and to hare the 
barracks, platforms, and small buildings, erected in the 
year 1776, by order of the committee of fortifications, and 
now standing in the said town: 

Resolved, That the prayer of the said petition be so far 
granted, that the said proprietors be, and they are hereby 
authorized and permitted to level any works or redoubts 
that may have been erected in the town of Hull, except 
the principal fort, which it is not expedient to demolish. 
And if is further 

Resolved, That the Commissary General be, and he 
hereby is, empowered and directed, as soon as conven- 
iently may be, to cause all the barracks and platforms in 
the town of Hull, belonging to this Commonwealth, 
except those in the principal fort, to be appraised, at the 



1784. — January Session. 337 

expence of the said proprietors, by three discreet, disin- 
terested persons, whom lie shall appoint for the purpose, 
and also call on the several proprietors and others, who 
have suffered in their lands, houses, or fences, in conse- 
quence of the torts or barracks aforesaid, having been 
erected, to lav before him an account of the losses and 
damage sustained by them respectively; and the bar- 
racks and platforms, except as before excepted, shall be 
divided among the present proprietors and others, who 
were actually injured as aforesaid, in proportion to each 
person's loss or damage ; and the Commissary General 
shall assist in the division of the buildings and materials, 
and shall, when the whole is compleated, lodge in the 
Secretary's office the appraised value of the barracks and 
platforms, and the name of each person, and the amount 
of such part of the buildings and materials as they 
respectively receive. February 7, 1785.. 

Chapter 36. 

RESOLVE DIRECTING THAT THE DISTRICT OF ORANGE BE AT (Jl ia p, 36 
THE CHARGE OF MAINTAINING FOREVER, THE BRIDGE OVER * ' 

THE RIVER TULLY. 

Resolved, That the District of Orange, forever hereafter, 
be at the charge of maintaining the bridge over the River 
Tally, (so called) and the causeway on that road from 
said bridge, to the poles that are laid going on to the lit- 
tle bridge between the two rivers, which shall be the full 
proportion of the charges of maintaining the bridges and 
roads in the town of Athol, to be borne by the district of 
Orange for the future. February 8, 1785. 

Chapter 37. 

RESOLVE ON THE PETITION OF DINAH SPEAN, DIRECTING (jJiap. 37 
GUARDIANS TO NATICK INDIANS TO DISPOSE OF THE LANDS ' l ' 

MENTIONED. 

On the petition of Dinah Spean, o/"Natick, in the county 
of Middlesex, Indian woman, praying for liberty to sell 
several pieces of land mentioned in her petition, and for 
reasons therein contained : 

Resolved, That the prayer of the said petition be 
granted, and that Josiah Stone, Esq ; Joseph Twitchel 
and Eleazer Kingsbury, Guardians to the NaticTc Indians, 



338 1784. — January Session. 

be, and they tire, hereby fully authorized to sell the afore- 
said pieces of land 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; and the 
money arising by the sale, after paying the reasonable 
charges, shall by the said Guardians be applied the one 
half for the payment of the said Dinah's debts and her 
further support, as they shall think reasonable, and the 
other half of the said money being the property of Sarah 
Pero, sister of the petitioner, shall be put on interest, 
and the principal and interest reserved and improved by 
the said Guardians for the benefit of the said Sarah Pero. 

February 7, 1785. 

Chapter 38. 

Chart. 38 resolve continuing a resolve directing the common 
'law courts to suspend making up judgment on 
actions brought by real british subjects, &c. for 
interest. 

Whereas the resolve passed the tenth day of November 
last, directing the common law Courts to suspend render- 
ing judgment for interest on actions brought by real British 
subjects or absentees, to the third Wednesday of the present 
sessions of the General Court, expired on the second day 
of February instant: and ivhereas the legislature have not 
as yet obtained the sense of Congress upon the fourth arti- 
cle in the treaty of peace, which provides only for the pay- 
ment of bona fide debts, as was expected, and a further 
time being necessary for that purpose : Therefore, 

Resolved, That the said resolution of the tenth of 
November last, be, and hereby is, declared to be continued 
in full force, and shall operate in all cases as fully until 
the further order of the General Court, as the said resolu- 
tion of the tenth day of November last might have 
operated previous to the third Wednesday of the present 
sessions of the General Court. February 7, 1785. 

Chapter 39. 

Chap. 39 Resolve ON the PETITION OF JOSIAH BOWERS AND WILLIAM 
TOMPSON, AGENTS FOR THE PROPRIETORS OF TTNG'S 
TOWNSHIP. 

On the petition of Josiah Bowers and William Tomp- 
son, agents for the proprietors of Tyng's township, (so 



1784. — January Session. 339 

called) In behalf of themselves , and the heirs and assigns 
of Captain William Tyng and others^ excepting the heirs 
o/*Benjamin Trescott and William Holden, who have been 
compensated heretofore, to whom was granted a township 
of land on the east side of Merrimack River, between Sun- 
cook and Litchfield, containing about twenty-three thousand 
acres, in consideration of their sufferings and services in 
performing a dangerous march in the winter season, of 
the year 1703, upon snow shoes, in quest of the Indian 
enemy, which, township fell within (lie government of New 
Hampshire, on running the line between the then Province 
of the Massachusetts Hay and New Hampshire, for which 
they have received no consideration : 

Resolved, That in lieu thereof, there be granted a town- 
ship of land to the legal representatives or assigns of the 
said Captain William Tyng and his company, out of the 
unappropriated lands within this Commonwealth, which 
is to consist of six miles square, and with the public lots, 
is to make the complement of sixty-four shares, provided 
that the grantees, within six years, settle thirty families 
in the said township, build a meeting house, and settle a 
learned protestant minister, and lay out one sixty-fourth 
part of the said township for the use of the first settled 
minister, and one other sixty-fourth part for the min- 
istry, and one other sixty-fourth part for a grammar 
school, and one other sixty- fourth part for Harvard 
College; and return a plan into the Secretary's office, 
taken at the expence of the grantees by a surveyor 
and chainmen under oath, to be appointed and instructed 
by the committee appointed by a resolve of the General 
Court of the twenty-eighth day of October, 1783, on the 
subject of the unappropriated lands in the county of Lin- 
coln, within twelve months from this day, for confirma- 
tion : Provided also, That the said township be laid out 
in siicli part of the unappropriated lands belonging to 
this Commonwealth, adjoining to some former grant to 
the Eastward of Saco river, as shall be directed by the 
committee aforesaid, and also that the rights of such of 
the original grantees, their heirs or legal representatives, 
who shall neglect for the space of three years after the 
said township shall be laid out, to exhibit the evidence of 
their right under the original grantees to the Secretary's 
office, shall revert to the Commonwealth. 

February 7, 1785. 



340 1784. — January Session. 



Chapter 40. 

Cha?) 40 RES0LVE GRANTING SAMUEL BRECK, ESQ; THREE HUNDRED 
* ' AND FORTY-ONE POUNDS, FOURTEEN SHILLINGS AND 

SEVEN PENCE, IN FULL FOR ERECTING A HOSPITAL AT 
THE WEST PART OF BOSTON, AND DIRECTING THE COM- 
MISSARY TO TAKE MEASURES FOR SECURING THE SAME. 

Resolved, That there be paid out of the public treasury 
to Samuel Breck, Esq ; the sum of Three hundred and 
forty-one pounds, fourteen shillings and seven pence, being 
in full of his accounts of payments advanced for erecting 
the hospital at the westerly part of the town of Boston. 

Resolved further, That the Commissary General be, and 
hereby is directed to take proper measures for the secu- 
rity of the said hospital. February 8, 1785. 

Chapter 41. 

Cha,V> 41 RES0LVE 0N THE PETITION "OF THE TOWN OF LUDLOW, PER- 
1 ' MITTING THEM TO EXHIBIT BEEF RECEIPTS, AND EMPOW- 

ERING THE GOVERNOR AND COUNCIL TO EXAMINE THE SAME. 

On the petition of the Selectmen of the town of Ludlow, 
setting forth that the said town procured Three thousand 
six hundred and ninety-nine pounds of beef, in part of the 
several quotas of beef required of the said town by the 
resolves of the General Court, but through mistake have 
not returned the receipts therefor, agreeable to the orders 
of government, and that execution hath issued against (he 
said town, and praying (hat the said receipts may noiv be 
exhibited for examination and allowance : 

Resolved, That the town of Ludlow be permitted to 
exhibit the said receipts for beef to the Secretary at any 
time before the twentieth day of March next; and the 
Governor and Council are hereby empowered to receive 
and examine the said receipts in the same manner, and on 
the same condition, as if the same had been exhibited in 
^' season. February 9, 1785. 

Chapter 42. 

Chap. 42 RKS0LVE 0N THE MEMORIAL OF WILLIAM WETMORE AND 
-* ' SALLY WETMORE, ADMINISTRATORS ON THE ESTATE OF 

THE I. All'. BRIGADIER WALDO, DECEASED, Willi DIREC- 
TIONS TO Till': ATTORNEY GENERAL. 

On the memorial of William Wetmore and Sally Wet- 
more, administrators on the estate of (he (ate Brigadier 



1784. — January Session. 341 

(/ciien// Waldo, deceased, praying that the lands, late the 
property of Francis Waldo, Esq; absentee, in the count// 
of Cumberland, and which were confiscated to the use of 
this Commonwealth, nun/ he held to answer its proportion 
of sundry claims against the estate of the said Brigadier 
Waldo, to which estate the said Francis Waldo was an heir: 

Whereas it appears to this Court, hy papers from the 
Probate Office and Supreme Judicial Court, that sundry 
demands do now actually exist against the estate of the said 
Brigadier Waldo, and for the payment of which the pater- 
nal estate of the said Francis Waldo, Esq ; is answer -able for 
one fifth part : And whereas sundry lots of 'land in the comity 
of Cumberland was part of the paternal estate aforesaid, 
being in a division belonging to the said Francis Waldo, 
and since confiscated hy this government: Therefore, 

Resolved, That the estate confiscated in the county of 
Cumberland, as the estate of the late Francis Waldo, 
Esq ; an absentee, or such part thereof as is now unsold, 
be held and applied to the payment and discharge of the 
said Francis Waldo's proportion, being one fifth of such 
legal debts and demands against the late Brigadier Waldo, 
as now, according to law, remains unsatisfied; and that 
the Committee for the sale of confiscated estates in the 
said county, in concurrence with the administrators of 
the said estate of Brigadier Waldo, take measures that the 
said estate may be sold for the best interest of the Com- 
monwealth and the creditors, as soon as may be. And in 
order to prevent any fraud or illegal claims being recov- 
ered against the said estate, it is hereby further 

Resolved, That the Attorney General of this Common- 
wealth be, and he is, hereby directed to examine such 
claims and demands as aforesaid, and to contest the same 
in the Courts of law, if necessary, and certify to the 
Committee the real amount of the debts that may be 
legally recovered ; which certificate shall be their govern- 
ment in paying the administrators aforesaid their just 
proportion. February 9, 1785. 

Chapter 43. 

RESOLVE ON THE PETITION OF JONATHAN CUNNINGHAM, A.P- Chap. 43 
POINTING A COMMITTEE TO SET OFF TO THIS COMMON- 
WEALTH, A PART OF A FARM, BELONGING TO JOHN MURR IT, 
AN ABSENTEE, &c. 

On the pet ition of Jonathan Cunningham, praying that 
a Committee may he appointed to set of a part of his farm, 



342 1784. — January Session. 

in Oakham, in consideration of a sum of money due to 
John Murray, an absentee, for which said farm was mort- 
gaged, and 7W7V beco7nes the property of this Common- 
wealth : 

Resolved, That the prayer of the petition be granted, 
and that Daniel Clap, Ruf us Putnam, Esq'rs. and Mr. 
Jonas Howe, be a Committee to appraize and set off, to 
the use of this Commonwealth, where, in their opinion it 
shall be most beneficial to the State, and least prejudicial 
to the said farm, as much of the said land as shall be 
sufficient to pay the debt and necessary charges ; and the 
Committee for the sale of absentees estates are directed to 
execute a good and lawful deed to the said Cunningham, 
of the remainder of the said form. February 10, 17 So. 



Chapter 44. 

Char). 44 absolve granting thirty pounds, to purchase rooks 

1 ' FOR THE AGENTS TO SUPPORT THE CLAIM OF THIS STATE 

TO LANDS WEST OF HUDSON'S RIVER, AND GRANTING THE 
SAID AGENTS FOUR THOUSAND FIVE HUNDRED POUNDS, 
AND APPROVING THEIR CONDUCT. 

Resolved, That the Secretary be, and he is, hereby 
directed to procure by purchase or otherwise, such books 
as are mentioned in the annexed list, and such other as the 
Agents appointed to support the claim of this Common- 
wealth to lands westward of the River Hudson may 
require, and to deliver the same to the said Agents, for 
their use in the business assigned to them, they to be 
accountable for the same. 

Resolved, That there be paid out of the treasury, to the 
Secretary, to enable him to purchase the said books, the 
sum of Thirty pounds, he to be accountable for the expen- 
diture of the same. 

Resolved, That the Secretary do furnish and deliver to 
the said Agents such original papers or copies of papers as 
they may require, taking copies of such original papers 
as he may deliver to them, they to give receipts for such 
books and original papers as may be delivered to them as 
aforesaid, and to return the same into the Secretary's 
office. 

Resolved, That the exact latitude of such point or 
points, on either or both the side lines of this Common- 
wealth, be taken, as the Agents may direct, and by such 
pei-sons as they may appoint. 



1784. — January Session. 343 

Resolved, That the sum of Four thousand five hundred 
pounds be allowed and paid out of the treasury, to the 
said Agents, for the purpose of defraying the expences 
which may arise in prosecuting the business of their 
agency, they being accountable therefor. 

Resolved, That the said Agents, so far as they have pro- 
ceeded, have discharged the important trust committed to 
them, to the entire satisfaction of the General Court. 

February 10, 1785. 



Chapter 45. 



RESOLVE ON THE PETI 
HIM TO SWEEP PE 
COST. 



^ITION OF STEPHEN CEOSS, EMPOWERING (J] lan , 45 
NOBSCOT RIVER FOR WRECKS, &c. AT HIS 1 ' 



On the petition of Stephen Cross, praying, for reasons 
mentioned therein, that he may have liberty to weigh such 
wrecks or parts of wrecks, sunk in the River Penobscot, as 
he may be able to get up : 

Whereas there is a probability that such wrecks or parts 
thereof, sunk in the River Penobscot, in (he expedition 
against that post, as might be saved, if sought for the 
ensuing season, will be othemvise totally lost: And 
ivhereas Stephen Cross, Esq: has petitioned this Court for 
liberty to sweep the said river for that purpose, and it 
appears that he is well qualified for the undertaking : 

Resolved, That Stephen Cross, Esq ; be, and he hereby 
is, authorized and empowered to sweep the River Penob- 
scot, and by such means as he may judge proper, at his 
own cost and charges, without any expence to, or reim- 
bursement from this Commonwealth, attempt the weigh- 
ing and getting up such of the wrecks of vessels, or parts 
thereof, lost in the said river on the expedition against 
that post, as he may judge expedient, the said Cross 
keeping an account of the expences he may be at, and of 
the several articles he may weigh and secure, and being 
accountable to Congress therefor, or as shall hereafter 
otherwise be ordered. February 11, 1785. 

Chapter 46. 

RESOLVE CONTINUING A RESOLVE OK OCTOBER, 4th, 1783, Chap. 46 
AUTHORIZING CHARLES CHANDLER AND OTHERS TO IM- L ' 

PROVE PART OF THE ESTATE OF THEIR FATHER JOHN 
CHANDLER, ESQ. 

Resolved, That the resolve of the General Court of 
October 4th, 1783, authorizing Charles Chandler, and 



344 1784. — January Session. 

others, to take possession of, and to improve part of the 
estate of their father, Joint ( 'handler Esq ; late of Worces- 
ter, an absentee, be, and shall remain, in full force for two 
years from the date hereof, the resolve of July 2d, 1784, 
notwithstanding. February 11, 1785. 

Chapter 47. 

CkaV 47 RES °LVE GRANTING TWENTY-SEVEN POUNDS, NINE SHILLINGS 
1 ' AND SIX PENCE TO THE COMMITTEE FOR SURVEYING 

BAKERSTOWN AND ANDROSCOGGIN RIVER, IN FULL OF 
THEIR ACCOUNT. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to the Hon. Jonathan 
Greenleaf, Esq ; one of the aforesaid Committee, the sum 
of Twenty-seven pounds, nine shillings and six pence, in full 
of the said Committee's account for the survey of Bakers- 
town and Androscoggin River, planning, measuring and 
other services done by the said Committee, as by their 
account exhibited the olst of January, 1785, and that he 
be accountable to each of the said Committee according to 
the account aforesaid. February 11, ITS."). 

Chapter 48. 

Chap. 48 RESOLVE ENTITLING EDWARD SHARMAN TO ONE THIRD FAY 
FROM JANUARY, 1780, UNTIL FURTHER ORDER. 

On the representation of John Lucas, Esq ; Commissary 
of Pensioners, in behalf of 'Edward Sharman, a soldier, who 
lost his right hand in the service of the United States: 

Resolved, That the said Edward Sharman be entitled 
to one third part of pay as a soldier, from the first day of 
January, 1780, till the further order of the General 
Court or Congress. February 12, 1785. 



Chapter 49. 

Chan. 49 res °lve granting five hundred and sixty pounds to 

1 ' DEFRAY THE CHARGES OF THE COUNTY OF CUMBEUL WD. 

Whereas if appears from an estimate of the Justices of 
the Court of Genera/ Sessions of the Peace of the county 
of Cumberland, made on the last Tuesday of October, 
1784, that the sum of Five hundred and sixty pounds will 
be necessary for defraying the charges of the said county for 
one year then next ensuing : 



1784. — January Session* 345 

Resolved, That there he, and hereby is, granted a tax 
of Five hundred and sixty pounds, to he 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 said county, according to the laws of the 
Commonwealth. February 12, 1785. 



THE DUDLEY Chap. 50 
INGS AND SIX L 



Chapter 50. 

RESOLVE DISCHARGING THE GUARDIANS OF 
INDIANS, OF SIXTY POUNDS, EIGHTEEN SIIILLIN 
PENCE, THEY TO STAND CHARGEABLE WITH THE SUM OF 
TWENTY POUNDS, ONE SHILLING AND SIX PENCE. 

Whereas it appears that the Guardians of the Dudley 
Indians are chargeable with the incomes of the said 
Indians' estate, from the year 1776 to 1785, at Nine pounds 
per year, amounting to Eighty-one pounds, and upon 
examination of the said Guardians' accounts of disburse- 
ments, it appears they are well vouched and right cast, 
and., for the use of the said Indians, amounting to the sum 
of Sixty pounds, eighteen shillings and six pence : There- 
fore, 

Resolved, That the Guardians of the Dudley Indians, be 
and hereby are discharged the sum of Sixty pounds, 
eighteen shillings and six pence; and that they be further 
chargeable with the sum of Twenty pounds, one shilling 
and sixpence, being the balance of their account. 

February 14, 1785. 

Chapter 51. 

RESOLVE DEFINING THE BOUNDS OF LITTLE FALLS AND MAS- n], an X>\ 
SABESECK, IN ORDER FOR THEIR LEVYING AND COLLECTING ^ ' 

TAXES. 

Whereas inconveniences have arisen in the plantations 
of Little Falls and Massabeseck, in the county of York, 
respecting the levying and collecting faxes, for want of 
determining the extent of the said, 'plantations respectively: 

It is therefore Resolved, That the plantation of Little 
falls shall contain the tract of land hounded as follows, 
viz. : Beginning at the northerly corner of the town of Bid- 
deford, at Sac<> River, thence running south-westerly by 
the head lines of Biddeford and Annulet, about four miles 
to the easterly corner of Ooxhall, thence northerly l>\ 



346 1784. — January Session. 

Coxliall to the northerly corner thereof, thence on the 
course last mentioned to the little Ossapee River, thence 
easterly by the river last mentioned to Saco River, thence 
easterly by Saco River to the place begun at. 

And it is further Resolved, That the lands laying 
between Sanford and Shapleigh, on the south-west, the 
river of the Little Ossapee on the north, the plantation of 
Little Falls on the north-east, and the town of Ooxnall on 
the south-east, be known as, and reputed to be, the plan- 
tation of Massabeseck, till the further order of the 
General Court. February 12, 1785. 



Chapter 52. 



Chap. 52 RESOLVE ON the petition of the inhabitants of 

1 ' PLANTATION OF MASSABESECK, IN THE COUNTY OF Yl 



THE 
r OR K, 

DIRECTING THE TREASURER TO RECALL ALL WARRANTS 
ISSUED FOR TAXES, AND THE SHERIFF TO RETURN EXECU- 
TIONS. 

Whereas the inhabitants of the plantation of Massabe- 
seck, in the county of York, have preferred a petition to 
the General Court, setting forth their extreme poverty and 
inability to pay the taxes that have been laid upon (hem 
since the first of January, in the year 1781, and previous 
to the first day of July last, and praying to have the same 
abated : 

Resolved, That the prayer of the said petition be so far 
granted, as that the Treasurer of this Commonwealth be, 
and he hereby is, directed to recall all the warrants that 
have issued from the said office, to the said plantation, for 
taxes previous to the first day of July last, and which 
have not been paid into the said office, and to issue his 
warrant to the Assessors of the said plantation of Massa- 
beseck, for the sum of Five hundred and twenty-five pounds, 
instead of the sums heretofore assessed upon them 

Also Resolved, That the Assessors of the said plantation 
be, and they are, hereby directed to assess the same on 
the polls and estates of the said inhabitants and non-resi- 
dent proprietors, in the manner prescribed in the Tax Act 
of July, ITS !. 

Also Resolved, Thai the Sheriff of the county of York, 
be. and he is, hereby directed to return the execution 
which he has against the Collector or Collectors of the said 
plantation, and if any part thereof has been paid, that the 



1784. — Januaky Session. 347 

said plantation have credit for the same out of the above 
sum of Five hundred and twenty-five pounds. 

February 12, 1785. 

Chapter 5J5. 

RESOLVE UN THE PETITION OF JIREE WILLIS, EMPOWERING Cll(l)). 53 
HIM TO SELL A CERTAIN TRACT OF LAND DEVISED TO HIM 

BY HIS FATHER. 

Whereas it appears b/j the representation of Jireh 

Willis, that his late father, Samuel Willis, did, in and by 
//is last will (did testament, give and devise to t//e said 
Jireh Willis, a certain tract of Iain/, lying and being in 
Dartmouth, in the county of Bristol, during the term of his 
natural life, and after the decease of the said Jireh, to his, 
t//e said Jireh's heirs, in fee simple, to be divided between 
them : And ■whereas it further appears by the said repre- 
sentation, that the said Jireh is unable to discharge the 
taxes for the said lands now due to the Commonwealth, 
and for the education of his children, in whom the fee of 
said laud is, all which children, except one absent, join in 
the prayer of the said Jireh for the sale of so much of the 
nest end of the said loud as to raise the sum of One hun- 
dred and twenty pounds, for the payment of the said taxes 
and education of the said children : Therefore 

Resolved, That the said Jireh Willis, be, and he hereby 
is, authorized and empowered to sell so much of the west 
end of the said land devised to him by the last will and 
testament of his said late father, at public auction, he first 
notifying the same in writing, in some public place in the 
town where the said land is, three weeks successively, as 
will raise the sum of One hundred and twenty pounds, 
for the purpose aforesaid, and to give good and sufficient 
conveyance of the same, in fee simple, to any person or 
persons who may purchase the same, and such sale shall 
lie deemed in law as valid as though the fee of such land so 
sold was in the said Jireh Willis, any law to the con- 
trary notwithstanding. February II, 1785. 



Chapter 54. 

RESOLVE GRANTING A TAX OF THREE HUNDRED LVD FIFTY (Jhd)). 54 
POUNDS, TO DEFRAY THE CHARGES OK THE COUNT'S OF 
li IRNST IBLE. 

Whereas if appears from an estimate of the Justices of 

the Court of General Sessions oj the Peace for the county 



348 1784. — January Session. 

of Barnstable, made on the first Tuesday of December 
last, that the sum of Three hundred and fifty pounds ivill 
be necessary for defraying the charges of the said county 
to dial time: Therefore 

Resolved, That there be, and there hereby is, granted a 
tax of Three hundred and fifty pounds, to be apportioned 
and assessed on the polls and estates of the inhabitants of 
said county, to be collected, paid and applied for the use 
of the said county, according to the law of this Common- 
wealth. February 14, 1785. 



Chapter 55. 

Chan 55 resolve on the petition of john rowe, esq. 

On the petition of John Rowe, Esq; praying that the 
Judge of Probate for the county of Middlesex may be 
empowered to grant his warrant to Commissioner's for the 
settling the estate of Jonathan Sewall, Esq; for a further 
time, that thereby he may have an opportunity to exhibit 
his claim for allowance : 

Resolved, That the prayer of the petition be so far 
granted, that the Judge of Probate of Wills, &c. for the 
county of Middlesex be, and he is, hereby authorized and 
empowered, on application, to appoint Commissioners to 
examine the claims of John Rowe, Esq ; on the estate of 
Jonathan Sewall, Esq ; for the term of one month from 
the time of their appointment for the purpose aforesaid, 
at the expencc of the said Rowe, that he may have an 
opportunity to exhibit his claim within the term mcn- 
t ioned, any law or resolve to the contrary notwithstanding. 

February 14, 1785. 



Chap. 



Chapter 56. 

5(j RESOLVE ON THE PETITION OF EPHRAIM FAIRBANKS, ESQ; IN 
BEHALF OF STEPHEN HUDSON AND JOU.X BARNARD, 
DIRECTING THE TREASURER TO ISSUE NEW NOTES. 

Whereas it appears to this Court that Stephen Hudson 
and .John Barnard were soldiers in the Continental Army, 
in Col. Bigelovv's regiment and Capt. Daniel Barnes' com- 
pany, and hod wages justly due to each of them, and that 
some evil minded person by a false and forged order, has 
taken from the said soldiers their just due: Therefore, 



1784. — January Session. 349 

Resolved, Thai the Treasurer be, and he is, hereby 
directed to issue notes to the said Hudson and Barnard 
respectively, in manner and form as by law is directed, 
for the sums to which they were entitled at the time of 
presenting said forged order ; and whenever the said notes 
already issued shall be presented at the treasury, the 
Treasurer is hereby directed to give the earliest notice 
thereof to the Attorney General, who shall use his 
endeavours to discover the persons concerned in obtain- 
ing the said notes already issued. February 14, 1785. 

Chapter 57. 

RESOLVE ON THE PETITION OF EPHRA1M WILDER, DIRECTING Q] im ) £7 
THE TREASURER TO CREDIT THE TOWN OF STERLING, THE ^ ' 

SUM OF NINETEEN POUNDS, EIGHT SHILLINGS AND NINE 
PENCE. 

On the petition of Ephraim Wilder, for and in behalf 
of the town of Sterling, setting forth that the said town of 
Sterling was fined in the Tax Act of March, 1783, for the 
sum of Thirty-eight pounds, seventeen shillings and six 
pence, yor their neglect in not choosing a representative for 
the year 1782, for reasons therein mentioned : 

Resolved, That the prayer of the petition be so far 
granted, that the Treasurer of this Commonwealth be, 
and hereby is, directed to credit the said town of Sterling, 
in the last State Tax, the sum of Nineteen pounds, eight 
shillings ancl nine pence, being one half of the said fine. 

February 14, 1785. 

Chapter 58. 

RESOLVE ON THE PETITION OF THE JUSTICES OF THE COURT Qhaj) 58 
OF GENERAL SESSIONS OF THE PEACE FOR THE COUNTY OF ^' 

WORCESTER. 

On the petition of the Justices of the Court of Genera/ 
Sessions of the Peace, begun and holden at Worcester, on 
the first Tuesday ^December, 1784, praying for a grant 
of the land hereinafter described, together with the privi- 
lege hereafter also mentioned, for the purpose of erecting 
and accommodating a public county goal: 

Resolved, That a certain piece of hind in Worcester 
aforesaid, lately owned by John Chandler. Esq ; and con- 
fiscated to the use of this Commonwealth, bounded as 



350 1784. — January Session. 

follows, viz. : beginning at Timothy Bigelow's corner, by 
the county road, by the stream called Swift River; then 
running southwardly on the said Bigelow's line fourteen 
rods, to a black alder, marked ; then eastwardly eight 
rods, to a stake and stones ; then northwardly sixteen 
rods, to a post in a garden fence, about ten feet eastward 
of a well by the aforesaid road; then westwardly by the 
said road, about thirteen rods, to the first mentioned 
boundary ; together with a privilege of making and keep- 
ing open a canal from the goal thereon to be erected to 
the stream aforesaid, extending southwardly, about eight 
rods from the land before described, — be, and hereby is, 
granted to the county of Worcester, for the sole purpose 
of erecting and accommodating a Public Goal in the said 
county, to have and to hold the same to the said county, 
so long as the same county shall continue and maintain a 
Public Goal thereon, or shall rebuild the same; and this 
resolve when recorded in the Registry of Deeds in the 
same county, and in the records of the said Court of Ses- 
sions, shall be a good and sufficient title to hold the above 
granted premises in manner as aforesaid. 

February 14, 1785. 

Chapter 59, 

Chap. 59 RESOLVE EMPOWERING the overseers of boston to con- 
tract FOR TAKING CARE OF STATE SICK. 

Resolved, That the Overseers of the poor of the town 
of Boston be empowered to contract with a physician to 

attend upon and provide medicines for such sick persons, 
being of the poor belonging to this Commonwealth, as 
now are or may be in the alms house in the town of Bos- 
ton, till further order of the General Court. 

February 10, 1785. 

Chapter 60. 

Chart. 00 Resolve on the petition of loammi Baldwin, sheriff 

OK THE COUNTY OK MIDDLESEX, EMPOWERING HIM TO 
RECEIVE CONSOLIDATED NOTES FOR THE ESTATE OF ELISHA 
CUTLER. 

On the petition of Loammi Baldwin, Esq; Sheriff of 

l he con nty of Middlesex, respecting the sale of the estate of 
Elisha Cutler, of Walt ham, in the county aforesaid, in 



1784. — January Session. 351 

which execution has been extended in favour of this Com- 
monwealth : 

Whereas the said Baldwin, by a resolve of this Court, 
has been directed to postpone the sale of the aforesaid 
estate until the 11th instant: 

Resolved, That the said Baldwin bo, and he is, hereby 
empowered to receive specie or consolidated notes of this 
Commonwealth, (as he shall judge most for the interest 
of government) for the estate of the said Elisha Cutler, 
any law or resolve to the contrary notwithstanding. 

February 16, 1785. 

Chapter 61. 

RESOLVE ON THE PETITION OF SAMUEL WHITE; TIMOTHY (J] ia p, (jl 
WHITE AND PHILLIPS WHITE, ALLOWING AN APPEAL TO 2 

THE SUPREME COURT OF PROBATE. 

On the petition of Samuel White, Timothy White and 
Phillips White, -praying an appeal to the Supreme Court 
of Probate, as therein set forth: 

Resolved, That the said Samuel, Timothy and Phillips, 
or either of them, have, and they are hereby granted, 
leave to appeal from the said decree of the said Judge of 
Probate for the county of Suffolk, allowing the account 
of Will tarn White, administrator of the estate of Wil- 
liam White, deceased; to claim the same in the said 
Court of Probate ; and to enter the same at the Supreme 
Court of Probate, to be held in and for the county of 
Suffolk, on the last Tuesday of August next ; and to prose- 
cute the said appeal to effect, in the same manner and 
form as if the same had been prosecuted in due season ; 
any thing to the contrary notwithstanding. 

February 17, 1785. 

Chapter 62. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF FREE- QJiai). 62 
TOWN, GRANTING THIRTEEN POUNDS, ONE SHILLING AND * ' 

FOUR PENCE, TO JOHN HAMBLETON. 

On the petition of the Selectmen of Freetown, setting 
forth, that through a mistake, John Hambleton of the said 
town, was neglected in being made up in a pay roll, who 
served for the term of six months, for the said town, in the 
Continental Army, in the year 1780, and praying that he 
may be allowed his wages for (he above service: 



352 1784. — January Session. 

Revolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to John Hambleton, 
Thirteen pounds, one shilling and four pence, in full for the 
above service. February 17, 1785. 



Chapter 63. 

ChciV. 63 RESOLVE ON THE MEMORIAL OF ISAAC BACON, ONE OF THE 
1 ' CONSTABLES OF THE TOWN OF BARNSTABLE, FOR 1774, 

DIRECTING THE TREASURER TO RECEIVE CERTAIN BILLS 
OF OLD MONEY. 

Whereas it appears to this Court by the memorial of 
Isaac Bacon, one of the Constables of the town of Barn- 
stable, /or the year 1774, and the papers accompanying 
the same, that a bill of assessment for the sum of Forty-four 
pounds, three shillings and six pence was committed to him 
to collect, and Fourteen pounds, three shillings and six 
pence, part of the said sum, still remains due to this Com- 
monwealth, which sum of Fourteen pounds, three shillings 
and six pence, the said Bacon received in paper currency, 
and tendered the Treasurer in due season, but through 
mistake he was not then discharged of the same, and he 
prays that an order may noiv pass for his discharge, for 
reasons set forth in his said petition : 

Resolved, That the Treasurer of this Commonwealth be, 
and he is, hereby directed to receive of the said Isaac 
Bacon, the sum of Fourteen pounds, three shillings and six 
pence, in continental bills of the old emission, and give to 
the said Isaac Bacon a discharge for the said sum, any 
law or resolve to the contrary notwithstanding. 

February 17, 1785. 



Chapter 64. 



Chaj). 64 RESOLVE ON THE PETITION OF ELI KEYS, GRANTING HI 
1 ' LIBERTY TO ENTER HIS APPEALINTHE ACTION MENTIONE 



IIM 
ION EI), 

HE NOTIFYING SAMUEL WARD TO SHEW CAUSE, AND DIS- 
CHARGING SAID KEYS FROM GOAL, HE GIVING BONDS. 



Upon the petition of Eli Keys, praying that he may 
have liberty to enter an appeal upon a writ of Scire Facias 
sued out against him by Samuel Ward, at a Court of 
Common /'/< j </s, held at Worcester, within and for the 
county of Worcester, on the second Tuesday of June last, 



1784. — January Session. 353 

and on the return of wind i the said Keys was defaidted, 
for reasons set forth in his petition : 

Resolved, That the said Eli Keys have liberty to enter 
his appeal in the action aforesaid, at the next Supreme 
Judicial Court to he held at Worcester, within and for 
the county of Worcester, on the Tuesday next preceding 
the last Tuesday of April next, and to avail himself of 
any plea or pleas to which he is by law entitled : And the 
Justices of the same Court are hereby authorized and 
empowered to take cognizance of the same cause, in the 
same manner as if it had come regularly before them, the 
said Eli Keys notifying the said Samuel Ward, by leav- 
ing an attested copy of this resolve fourteen days at least 
before the sitting of the said Court. 

And it is further Resolved, That the said Eli Keys be 
discharged from goal, on his giving bonds to prosecute 
the said appeal to effect, and also to respond the judg- 
ment that may be recovered against him. 

February 18, 1785. 



Chapter 65. 

RESOLVE APPOINTING HUGH ORR, AND OTHERS, A COMMITTEE QJiaV. 65 
TO PURCHASE A BARRACK AT CAMBRIDGE, TO SELL CER- I 

TAIN MILITARY STORES, AND FOR REMOVING AND DISPOS- 
ING OTHERS AS DIRECTED, GRANTING THEM ONE HUNDRED 
AND FIFTY POUNDS TO EXECUTE THE BUSINESS. 

Resolved, That Hugh Orr and Caleb Davis, Esq'rs. 
together with the Commissary General, or the major part 
of them, be, and they are, hereby authorized and directed 
to sell, for the most they can obtain, all such shells and 
broken cannon, the property of this Commonwealth, as 
are unfit for service. 

Also Resolved, That the said Hugh Orr and others, 
as aforesaid, be, and they are, authorized and directed 
to purchase, for the use of this Commonwealth, a bar- 
rack, being in the town of Cambridge, and in which a 
quantity of shells and shot are now deposited, provided 
they can obtain the said barrack for a reasonable price, 
and provided also they can obtain permission from the 
proprietors of the land on which the said barrack stands, 
for the same to remain on the said land ; and on pro- 
curing the barrack as aforesaid, the said Hugh Orr and 
others, as aforesaid, are further directed to remove all such 



354 1784. — January Session. 

shells and shot as are in the towns of Boston and Water- 
town, and deposit them therein, to be kept under the care 
of the Commissary General of this Commonwealth, until 
the further order of the General Court. 

And the said Hugh Orr and others, as aforesaid, are 
further directed to remove all the cannon in the town of 
Boston, or elsewhere, excepting such as are in any forts 
or garrisons belonging to this Commonwealth, to the 
Castle in the harbor of Boston, the commander of 
which is hereby directed to receive and take care of the 
same. 

And whereas there is a large quantity of military and 
other stores belonging to this Commonwealth, now depos- 
ited in a large building called the Grainery, in the town 
of Boston, which it is necessary should be removed: 

Resolved, That the said Hugh Orr and others, as afore- 
said, be, and they are, further directed to remove all the 
stores deposited in the said building, either to the Castle 
or the barrack at, Cambridge, as they shall judge best, 
excepting such of them as they may judge will not be fit 
for public service, which they are hereby authorized and 
directed to sell. 

And to enable the said Hugh Orr and others, as afore- 
said, to prosecute the business assigned them by these 
resolves, Resolved, That there be allowed and paid out of 
the treasury of this Commonwealth to the said Hugh Orr 
and others, as aforesaid, the sum of One hundred and 
fifty pounds, they to be accountable for the same, and to 
lay their accounts before the General Court for settle- 
ment, as soon as may be. February 21, 1785. 



Chapter 66. 

Chap. 66 RES0L VE DIRECTING THE COMMITTEE FOR SETTLING PUBLIC 
1 ' ACCOUNTS TO SETTLE WITH JOHN LUCAS, COMMISSARY OF 

PENSIONERS, TO THE FIRST OF JANUARY, 1785. 

Resolved, That the Committee appointed to state the 
accounts of this Commonwealth, be, and they are, hereby 
directed to settle the accounts of John Lucas, Commissary 
of Pensioner,-, up to the first day of January, 1785, and 
the said Committee are further directed to lay the said set- 
tlement before the General Court as soon as may be. 

February 21,1785. 



1784. — January Session. 355 

Chapter 07. 

RESOLVE ON THE PETITION OF JOHN BO WE, ESQ; GRANTING Clldl). 67 
HIM EIGHTY-FOUR POUNDS, FIVE SHILLINGS, AS ATTORNEY 
TO THOMAS GRIFFITHS, OF BRISTOL, FOR REASONS MEN- 
TIONED. 

On the pel it ion of John Rowe, Esq; who- has repre- 
sented and made it appear to this Court, that a quantity of 
brass kettles, the property of Thomas Griffiths, of Bristol, 
in Great Britain, ivas taken by mistake by the Committee 
of Sequestration, and sold as the property of William 
Jackson, an absentee: 

Resolved, That there he allowed and paid out of the 
public treasury, to the said Roive, as attorney to the said 
Griffiths, the sum of Eighty-four pounds, five shillings, in 
full compensation for the said kettles. 

February 21, 1785. 

Chapter 68. 

RESOLVE ON THE PETITION OF JAMES SWAN, DIRECTING THE (JhciV Q$ 
JUDGE OF PROBATE OF PLYMOUTH TO APPOINT COMMIS- "' 

SIONERS TO EXAMINE THE CLAIMS ON THE ESTATE OF 
PETER OLIVER, AND PETER OLIVER, JUNIOR. 

On the petition of James Swan, praying that the Judge 
of Probate for the county of Plymouth, may be empow- 
ered to grant his /'-arrant to Commissioners for the settling 
the estates of Peter Oliver, and Peter Oliver, jun., Esq'rs; 
for a further time, that thereby he may have an opportu- 
nity of exhibiting his claim for allowance: 

Resolved, That the prayer of the petition be so far 
granted, that the Judge of Probate of Wills &c, for the 
county of Plymouth, be, and he is, hereby authorized and 
empowered, on application, to appoint Commissioners to 
examine the claim of James Swan, as executor of the last 
will and testament of the deceased William Dennie, on 
the aforesaid estates of Peter Oliver and Peter Oliver, 
jun., Esq'rs ; for the term of one month from the time of 
their appointment for the purpose aforesaid, at the 
expence of the said Swan, that lie may have an opportu- 
nity to exhibit his claim within the term mentioned ; any 
law to the contrary notwithstanding. 

February 21, 1785. 



356 1784. — January Session. 



Chapter 69. 

Chap. 69 RESOLVE GRANTING five thousand pounds to the com- 

' MISSARY OF PENSIONERS, AND DIRECTING THE TREASURER 

IN WHAT MANNER TO PAY SAID SUM, AND TO DRAW ON THE 
TREASURY FOR AMOUNT OF PENSIONS PAID. 

On the petition of John Lucas, Commissary of Pen- 
sioners, praying for a grant of money to enable him to 
pay the balances due to the pensioners recorded in his 
office : 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth to John Lucas, Commis- 
sary of Pensioners, the sum of Five thousand pounds, to 
enable him to pay the several balances due to the pen- 
sioners recorded in his office. 

And it is further resolved, That the Treasurer of this 
Commonwealth, be, and he is, hereby empowered and 
directed to pay the sum granted by this resolve, in cer- 
tificates in favour of such persons and for such sum as 
the said Commissary shall request ; which certificates 
shall be received in all taxes heretofore granted, (except- 
ing the two Continental taxes granted in the year 1781, 
and excepting also the tax granted the last year for 
the redemption of the army notes, so called,) and also 
monies arising from the sale of any lands belonging to 
this Commonwealth, which are ordered by government to 
be sold. 

Also resolved, That the Treasurer of this Commonwealth, 
be, and he is, hereby directed to draw on the Superin- 
tendant of Finance or Treasury Board of the United 
States, (agreeable to a "Resolution of Congress, passed 
the 23d of April, 1782,) for the sum of Twelve thousand 
two hundred and fourteen pounds, twelve sit Wings and five 
pence, being the amount of pensions already paid, and 
which became due the, first day of January, 1785. And 
the Treasurer aforesaid is further directed to transmit, 
with his draft, an attested list of the Continental pen- 
sioners in this Commonwealth, together with the amount 
of their respective pensions, to the first day of January, 
1785. February 1>Z, 1785. 



1784. — Jantiary Session. 357 



Chapter 70. 



IN DEMING AND OTHERS, Chap. 70 

ACCOUNTS, RELATIVE TO 



RESOLVE ON THE MEMORIAL OF JOE: 
A COMMITTEE FOR METHODIZING 
A SETTLEMENT WITH WILLIAM IMLAY, ESQ; ELECTED BY 
CONGRESS TO RECEIVE AND ALLOW THE CLAIMS OF THIS 
COMMONWEALTH AGAINST THE UNITED STATES, AND EM- 
POWERING THE GOVERNOR AND COUNCIL IN THIS CASE, &c. 

Whereas it is represented to this Court by the Committee 
appointed to exhibit the claims of this Commonwealth 
against the United States, that differences in opinion have 
arisen between them and William Imlay, Esq ; Commis- 
sioner, appointed by Congress to receive and allow the 
same, on the propriety of certain charges made by this 
Commonwealth against the United States. 

Resolved, That where any such disagreement has already 
arisen, or may hereafter take place, the committee afore- 
said, be, and they hereby are, directed to represent the 
same, with their opinion thereon, to the Governor, who, 
with the advice and consent of Council, is hereby empow- 
ered to consider of such representations ; and in all 
instances in which it shall appear to the Governor and 
Council, that any article or articles with respect to which 
such disagreement exists, ought to be allowed to this Com- 
monwealth, that thereupon the Governor be, and he hereby 
is, requested to represent the same to the Delegates repre- 
senting the Commonwealth in Congress, and instruct 
them to use their influence that the Commissioner afore- 
said be directed to allow the same. 

It is further Resolved, That the Committee aforesaid, 
shall, and they are hereby directed to keep a separate 
account of all charges by them exhibited to the said 
Commissioner, and not allowed by him, and lay the same 
from time to time before the General Court for their con- 
sideration thereon. February 22, 1785. 



Chapter 71. 



RESOLVE ON THE PETITION 
HIM OF FOUR HUNDRED 
HIM, AND THAT EXECUTION BE DONE FOR THE REMAINDER. 



OF OLIVER WITT, DISCHARGING (JJiap. 71 

POUNDS, RECOVERED AGAINST L ' 

I BE DONE FOR THE REMAINDER. 

On the petition of Oliver Witt, praying relief from a 
judgment in favor of the Commonwealth against him: 



858 1784. — January Session. 

Resolved, That Four hundred pounds of the debt recov- 
ered against the said Oliver, be, and hereby is, discharged, 
and that execution be done for the remainder of the said 
judgment, with incidental charges, in due form of law. 

February 22, 1785. 

Chapter 72. 

Chan. 72 resolve empowering john baker and john choate, 

1 ' ESQR'S; TO TAKE THE COMPLAINT OF WILLIAM PRESCOTT, 

A PRISONER FOR DEBT IN IPSWICH GOAL, AND TO ADMIN- 
ISTER AN OATH PRESCRIBED IN AN ACT FOR THE RELIEF 
OF POOR PRISONERS FOR DEBT, AND TO CAUSE THE CRED- 
ITOR TO BE NOTIFIED. 

Whereas William Prescott is now a prisoner for debt or 
damages in the common goal in Ipswich, in the county of 
Essex, at the suit of Mary Connor, and he having com- 
plained that he hath not estate sufficient to support himself 
in prison, the keeper of the said prison hath thereupon 
made application to Stephen Choate and John Baker, 
Fsr/rs; two Justices of the Peace within the said county, 
quorum unus, who have appointed Friday, the twenty- 
fifth day of February current, to take the said complaint 
into consideration, and, if proper so to do, to administer 
to the said William, the oath prescribed in and by a law 
of this Commonwealth, entitled, " An act for the relief of 
poor prisoners for debt," and caused the said creditor, h<r 
agent or attorney, to be notified thereof; and it being 
made to appear to this Court, that the said Stephen 
Choate, Esq; cannot attend at the time appointed for the 
purpose aforesaid, and that the said William is in such a 
state of health., thai his life will be endangered if he should 
be continued in prison until a new process should be com- 
mence tl and prosecuted for the purpose of entitling him to 
the bene/// of the law aforesaid: 

It is therefore Resolved, That the said John Baker, and 
John Choate, Esq ; another Justice of the Peace in the 
said comity, (they neither of them being of the quorum) 
be, and they hereby are, empowered fully to hear and 
determine on the subject of the complaint aforesaid, to 
administer to the said William (if they shall think proper 
so to do) the oath aforesaid, and in all things to conduct 
themselves as two Justices of the Peace within the said 
county of Essex, quorum unus, might or could conduct 



1784. — Januaky Session. 359 

upon the complaint and notification aforesaid; and the 
doings of the said John Baker and John Ohoate, in the 
premises, shall have the same effects to all intents and 
purposes whatsoever, as if the same had been transacted 
by two Justices of the Peace for the same county, quorum 
unus, any law to the contrary thereof notwithstanding. 

February 23, 1785. 



Chapter 73. 

RESOLVE ON THE PETITION OF JOSEPH RUGGLES, GRANTING Chap. 73 
HIM TWO HUNDRED EIGHTEEN POUNDS, SIXTEEN SHIL- i ' 

LINGS AND EIGHT PENCE, FOR SUPPLIES TO CAPT. AMOS 
LINCOLN'S COMPANY OF STATE TROOPS. 

On the petition of Joseph Ruggles, praying for allow- 
ance for supplying Capt. Lincoln's company of State 
troops : 

Whereas it appears to this Court, that Joseph Ruggles 
supplied the company of State artillery, under the com- 
mand of Capt. Lincoln, from the first day of May, 1783, 
to the 20th of August in the same year inclusive, amount- 
ing, in the whole, agreeable to the contract price given by 
the Continent, to Two hundred eighteen pounds, sixteen 
shillings and eight pence, jor which supplies he has pro- 
duced sufficient vouchers: 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to Joseph Ruggles, Tiuo 
hundred eighteen pounds, sixteen shillings and eight pence, 
in full satisfaction for the said supplies. 

February 23, 1785. 
f 

Chapter 74. 

RESOLVE ON THE PETITION OF /. HUBBARD, IN BEHALF OF Chap. 74 
KITTERT, IN THE COUNTY OF YORK, REQUIRING JOHN 
SIVETT, ESQ; TO RETURN ALL EXECUTIONS ISSUED BY 
TREASURER F07E TO JOSEPH PLAISTED, ESQ; THEN SHER- 
IFF, TO THE TREASURER OF THIS COMMONWEALTH. 

Whereas William Foye, Esq; deceased, formerly Treas- 
urer of the Province of Massachusetts Bay, issued execu- 
tions against divers Constables in the several towns in the 
county of York, for the balances due to Government from 
them respectively , which executions were delivered to Joseph 



360 1784. — January Session. 

Plaisted, Esq; then Sheriff of the said county, but since 
deceased: And whereas it is represented, that the said 
Sheriff in his life time never compleated the collection of 
the several sums due on the said executions, which after his 
decease fell into the hands of his administrators, Joseph 
Plaisted and Paul Nowell, and after their decease fell into the 
hands of John Swett, of York, in the said county, Esq; as 
administrator de bonis non, in whose possession they now 
remain: And whereas it is fur titer represented, that the 
administrators aforesaid received divers sums in part pay- 
ment of the said executions, besides those received by the 
Sheriff in his life time, which sums are indorsed on the 
said executions: Therefore, to the intent that justice may 
be done to the several towns and constables concerned, as 
well as with regard to the estate of the Sheriff, deceased: 

Resolved, That the said John Swett, Esq ; in his said 
capacity, be, and he hereby is, directed and required to 
return into the office of the Treasurer of this Common- 
wealth, all the executions aforesaid, on or before the first 
Wednesday in June next, and certify the same on oath : 
And the Treasurer is directed to receive the said execu- 
tions and give a certificate thereof to the said John, 
specifying the several indorsements on each execution. 

And it is also Resolved, That all further proceedings 
against the said towns and constables respecting the said 
executions and sums due, be stayed in the mean time, and 
that the Secretary of this Commonwealth be, and he 
hereby is, directed forthwith to furnish the said John with 
an attested copy of this resolve. February 23, 1785. 



9 



Chapter 75. 



Chap. 75 resolve allowing luke aldridge a pension of one eighth 

PART PAY AS SOLDIER, FROM 1779, TILL FURTHER ORDER. 

On the representation of Mr. John Lucas, Commissary 
of Pensioners, in behalf of Luke Aldridge, a soldier in 

Col. Marshall's regiment, to ho lost the sight of his right 
eye, while in the service of the United States, and is there- 
by rendered incapable of performing much labour: 

Resolved, That the said Zw&e 'Aldridge be allowed a 
pension of one eighth part of his pay as a soldier, from 
the seventh day of December, 1779, until the further order 
of the General Court or Congress. 

February 23, 1785, 



1784. — January Session. 301 

Chapter 70. 



B ON THE PETITION OF JON \TII IV TENNT, OF SALEM, (Jliap. 70 
WING JOSHUA SAWYER AND RUTH, HIS WIFE, AND X ' 



RESOLVE 

ALLOW i: 

NATHANIEL WALKER AND HIS WIFE, TO ENTER THEIR 
APPEAL AT THE SUPREME JUDICIAL COURT, TO BE HOLDEN 
AT IPSWICH IN J(\VE NEXT. 

£7po;> the petition of Jonathan Tenny, of Salem, in the 
county of Rockingham, and /State of New Hampshire, 
tanner, and Mehetable, his wife: 

Resolved, That Joshua Sawyer, husbandman, and Ruth, 
his wffe, and Nathaniel Walker, husbandman, and Han- 
nah, his wife, all of Haverhill, in the county of Essex, 
may, if they see cause, enter at the Supreme Judicial 
Court, next to be holden at Ipswich, within and for the 
said county of Essex, on the third Tuesday of June next, 
their appeal from a judgment rendered at a Court of Com- 
mon Pleas holden at Ipsivich, within and for the said 
county of Essex, on the first Tuesday of April last past, 
in an action of ejectment commenced against them by the 
said Jonathan Tenny and his wife ; and if the said appeal 
be not then entered, the said Jonathan and Mehetable may 
at the same term enter their complaint and pray affirma- 
tion of that judgment, with additional costs, provided the 
said Jonathan cause the said Joshua and Nathaniel to be 
served with a true copy of this resolve, fourteen days at 
the least before the third Tuesday of June next. And in 
case either the said appeal or complaint be entered as 
aforesaid, the same proceedings shall be had thereon to 
final judgment and execution, as if the same had been 
regularly entered at the term to which the said appeal 
was made. February 23, 1785. 

Chapter 77. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE TOWN (Jh,ClJ) 77 
OF BELEAST, AUTHORIZING JONATHAN BUCK, ESQ; TO ISSUE L ' 

HIS WARRANT FOR THE PURPOSES MENTIONED. 

Whereas it appears to this Court, that from the event* 
of the late ivar, the inhabitants of the tmvn of Belfast, in 
the county of Lincoln, were obliged to abandon their dwell- 
ings, and for a number of years seek refuge in the western 
parts of this Commonwealth, and by that means have been 
deprived of the legal method of calling town meetings for 



362 1784. — January Session. 

transacting the public business of the same town: There- 
fore 

Resolved, That Jonathan Buck, Esq; be, and he is, 
hereby authorized and empowered to issue his warrant to 
some principal inhabitant of the said town of Belfast, 
requiring him to call a meeting of the said inhabitants, in 
order to their choosing such officers as by law towns in 
the said Commonwealth are empowered to choose in the 
month of March annually ; which officers so chosen shall 
respectively hold and exercise their offices until the March 
meeting, One thousand seven hundred and eighty-six, or 
until others may be chosen in their stead, as "by law 
directed. February 24, 1785. 



Chapter 78. 
Chart 78 RES0LVE 0N THE petition of joseph lewis, of barxsta- 

*■ ' BLE, EMPOWERING THE REGISTER OF DEEDS, WITH THE 

CONSENT OF THE GUARDIANS TO ALL THE HEIRS OF JOSEPH 
LUMBERT, DECEASED, TO DELIVER TO THE SAID JOSEPH 
LEWIS THE DEED MENTIONED. 

Whereas it appears to this Court by the petition of 
Joseph Lewis, of Barnstable, and papers accompanying 
the same, that on the 26th day of Slay, A.D. 1783, the 
said petitioner, for the consideration of one hundred and 
fifty pounds, promised him by Joseph Lumbert, of the 
said Barnstable, did make and execute one deed of convey- 
ance to (he said- Joseph Lumbert, of all his real estate, and 
hath received only Three pounds, seventeen shillings and 
eight pence, in part of the consideration, and never did 
receive any security for the remainder, by reason of the 
sudden death of the said Lumbert , which hath reduced the 
said petitioner to circumstances very distressing, the said 
deed being lodged in the Register's office, in the county of 
Barnstable, but not recorded: 

Resolved, Thai the Register of Deeds for the county of 
Barnstable, be, and hereby is, empowered, by and with 
the consent of the guardians to all the heirs at law of 
Joseph Lumbert, late of Barnstable, deceased, to deliver 
to Joseph Lewis the deed above mentioned, he, the said 
Joseph Lewis, first paving to the said guardians for the 
use of the said heirs, the above sum of Three pounds, seven- 
teen shillings and eight pence, any law to the contrary 
notwithstanding. February 25, 1785. 



1784. — January Session. -Wn 

Chapter 7«.>. 

RESOLVE ON THE PETITION OK SETH BULLARD, IN BEHALF (JllCin 79 
OF THE TOWN OF WALPOLE, ABATING A FINE LAID UPON ' " 

SAID TOWN. 

On the petition of Seth Billiard, in behalf of the town of 
Walpole, praying abatement of a fine laid on the said 
town for not sen/lint/ a representative to the General Court 
in tin 1 year 1782 : 

Resolved, That the prayer of the said petition be granted, 
and that the Treasurer be, and he is, hereby directed to 
credit the said town of Walpole, the sum of Twenty-eiyht 
pounds, in the tax granted by the General Court in 
March, 1783. February 25, 1785. 

Chapter 80. 



N THE PETITION OF PHILLIPS WHITE, EMPOWER- Chap. 80 
TO CLAIM AN APPEAL FROM A DECREE GRANTING 1 ' 



RESOLVE ON 
ING HIM 

ADMINISTRATION TO WILLIAM WHITE, MADE BY THE JUDGE 
OF PROBATE FOR SUFFOLK COUNTY, IN 1782, AND AUTHOR- 
IZING THE SAID JUDGE TO RECEIVE SAID CLAIM, &c. 

On tli e petition of Phillips White, Esq: 
Resolved, That for the reasons set forth in the said 
petition, the said Phillips White, be, and he is, hereby 
empowered to claim an appeal from a decree, dated the 
17th day of December, A.I). 1782, made by the Judge of 
Probate for the county of Suffolk, granting to William 
White, of Boston, in the same county, merchant, admin- 
istration on the estate of William White, late of the said 
Boston, Esq ; deceased, with the will of the said William 
annexed, to file the reasons of such appeal, and give 
bonds to the acceptance of the said Judge for prosecuting 
the same to effect ; provided the same appeal be claimed, 
the reasons tiled, and bond given within one month from 
the passing of this resolve: And the said Judge of Pro- 
bate is hereby authorized and empowered to receive such 
claim of appeal, the reasons thereof, and take bonds 
accordingly, as though the time limited by law for claiming 
the said appeal, tiling the reasons thereof, and giving 
bonds to prosecute the same, had not elapsed. And the 
said Phillips White is hereby further empowered to enter 
the said appeal in the Supreme Court of Probate for this 
Commonwealth, and tile the copies of his case, provided 



364 1784. — January Session. 

the same be done within two months from the time of pass- 
ing this resolve : And after giving such notice to the said 
William White, as the said Supreme Court shall order, 
to proceed to trial on the merits of his cause, as though 
the appeal from the decree aforesaid, had been claimed 
from the Judge aforesaid, and the same entered in the 
said Supreme Court of Probate, and the copies of his case 
regularly filed in due season of law, and the said Supreme 
Court of Probate is hereby authorized and empowered to 
receive such appeal, and after ordering such notice to be 
given to the said William White, as they shall judge fit, 
to hear and determine the same, on the merits thereof, in 
as full and ample a manner as though the same had been 
claimed from the Judge, the reasons filed, and bonds 
given, and the same appeal had been regularly entered, 
and the copies filed in the said Supreme Court of Probate 
within the time limited by law. February 25, 1785. 

Chapter 81. 

Chav. 81 A RESOLVE GRANTING three thousand pounds to the 

1 ' COMMITTEE FOR PASSING ACCOUNTS. 

Resolved, That there be paid out of the public treasury 
of this Commonwealth to the Committee on accounts, 
Three thousand pounds, to enable them to pay such 
accounts as have been or may be by them examined and 
allowed, the said Committee to be accountable for the 
expenditure of the same. February 25, 1785. 

Chapter 82. 

Chap. 82 RESOLVE ON THE PETITION OF EBENEZER WILLIS AND 
1 ' OTHERS, SELECTMEN OF THE TOWN OF DARTMOUTH, EM- 

POWERING SAID TOWN TO CHOOSE COLLECTORS. 

On the petition of Ebenezer Willis, Stephen Pecklmm 
and Jabez Parker, Selectmen of the town of Dartmouth, 
setting forth , that by a mistake of the Selectmen of the said 
town, a suitable number of Collectors were not chosen at the 
last March meeting to collect the faxes for the current year: 

Resolved, That the town of Dartmouth be authorized 
and empowered at their annual meeting in March next, to 
choose, beside the Collectors for the year ensuing, such 
Collectors as ought to have been chosen at their annual 
meeting in March last, to whom shall be committed such 



1784. — January Session. 365 

taxes as should have been committed to them for the year 
last past : and such Collectors so chosen are hereby 
required and empowered to collect the same, and make 
due payment thereof according to law, 

February 28, 1785. 

Chapter 83. 

RESOLVE ON THE PETITION OF ELIJAH ADAMS, EMPOWERING Clldl). 83 
ANY THREE JUSTICES IN ANY COUNTY WITHIN THIS COM- 
MONWEALTH TO SWEAR THE PERSON MENTIONED ' 

On the petition of Elijah Adams, praying that some 
Justice of the Peace might be empoioered to take the 
acknowledgment of certain deeds in said petition men- 
tioned, for reasons there fully set forth : 

Resolved, That any three Justices of the Peace for and 
within an}' county in this Commonwealth, (quorum unus) 
be, and hereby are, empowered to swear Sophia March as 
a witness to the deeds therein referred to, and that the 
same shall operate to the acknowledgment of said deeds, 
as fully as if the said Sophia had been sworn in any 
Court of record in this Commonwealth, any law, usage 
or custom to the contrary notwithstanding. 

February 28, 1785. 

Chapter 84. 

RESOLVE ON THE PETITION OF WINSLOW BRIGHAM, IN BEHALF QhaV 84 
OF THE TOWN OF MARLBOROUGH, EMPOWERING SAID TOWN •* ' 

TO CHOOSE A COLLECTOR. 

On the petition of Winslow Brigham, in behalf of the 
town of Marlborough, representing that Silas Barns was 
appointed a Collector for the said town for the years 1781 
and 1782, that the said Barns had conducted in such a 
manner as to induce the Assessors of the said town to- 
demand and receive from him the several assessments com- 
mitted unto him to collect; and praying that they may be 
empowered to choose some suitable persons to collect such 
part of the said assessments as still remain uncollected: 

Resolved, That the prayer of the said petition be 
granted, and that the said town of Marlborough be, and 
they are, hereby empowered at any legal town meeting, 
to choose and appoint some suitable person as a Collector 
for the said town, to finish the said collections ; and the 



366 1784. — January Session. 

person who shall be chosen in manner aforesaid, shall be, 
and is hereby, invested with full power and authority to 
collect all such sum or sums of money as may be still due 
on the assessment delivered to the said Silas Barns to 
collect, in as full and ample a manner as though he had 
been chosen in either of the years in which the said Barns 
was elected; and the Treasurer of this Commonwealth, 
the county and town Treasurers, and the Assessors of the 
said town of Marlborough, are hereby directed to govern 
themselves accordingly. February 28, 1785. 

Chapter 85. 
Chap. 85 RESOLVE DIRECTING the treasurer to discharge the 

TOWN OF BERKLEY, IN THE COUNTY OF BRISTOL, FROM 
THE PAYMENT OF MONEY DUE FROM NATHANIEL PHILLIPS- 

Resolved, That the Treasurer of this Commonwealth, be, 
and he hereby is, directed to discharge the town of Berk- 
ley, in the county of Bristol, from the payment of Three 
pounds, one shilling and nine pence three farthings, which 
sum appears by the Treasurer's books to be due from 
Nathaniel Phillips, Constable of the said town of. Berkley, 
in the year 1741 ; but it appears by receipts from Treas- 
urer Foye and Sheriff Church, that the full sum which 
was committed to the said Phillips to collect was paid. 

February 28, 1785. 



Chapter 86. 

Chap. 86 RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF CHESTERFIELD, ABATING A TAX LAID ON SAID TOWN, 
AND PLACING THE SAME TO THE TOWN OF GOSHEN. 

On the petition of the Selectmen of the town of Chester- 
field, praying that so much of the State Tax, JVb. 4, as 
relates to that part of Goshen formerly set off from Ches- 
terfield, might he taken off from the said town of Chester- 
field : 

Unsolved, That the sum of Sixty-eight pounds, nineteen 
shillings and seven pence, being one fourth part of the tax- 
set to the town of (J J i est erf eld, be abated, and the same 
sum placed to the town of Goshen; and the Treasurer of 
this Commonwealth is directed to issue his warrants 
accordingly. February 28, 1785. 



1784. — Januaky Session. 367 



Chapter 87. 

RESOLVE ON THE PETITION OF JONAS GLBASON, IN BEHALF Chap. 87 
OF THE [NHABITANTS OF THE PLANTATION CALLED M7R1- 
F1ELD, REMITTING A TAX LAID ON SAID TOWN. 

On the petition of Jonas Gleason, in behalf of the inhab- 
itant* of the plantation called Myrifield, praying for abate- 
ment of taxes, and representing that they were charged the 
sum of Thirty-one pounds, ten shillings, for a Representa- 
f ire's pay, through a mistake, &o. 

Resolved, That the sum of Thirty-one pounds, ten shil- 
lings, be, and hereby is, remitted to the said inhabitants 
ol' the plantation called Myrifield, in State Tax No. 4, 
being the sum charged them for a Representative's pay 
in the said tax through a mistake : and that the Treasurer 
of this Commonwealth, be, and he hereby is, directed to 
discharge the inhabitants of Myrifield the said Thirty-one 
pounds, ten shillings, and charge the same sum to the 
inhabitants of Murray field, now called Chester, to whose 
Representative the said sum was paid. 

February 28, 1785. 



Chapter 88. 

RESOLVE ON THE PETITION OF JOHN At)AMS, DISCHARGING (Jhar) 88 
HIM FROM GOAL. ■*■ ' 

Whereas it appears to this Court by the representation 
o/John Adams, of Lenox, in the county of Berkshire, 
that in the last year he sold a quantity of rum, and neg- 
lected to account with the Collector of Excise in the said 
county for the duties thereon, for which neglect the said 
Collector commenced an action, and recovered judgment 
against the said John Adams, for the sum of Fifty pounds ; 
and execution hath been sued out on the said judgment 
Hud the body of the said Adams taken and committed, to 
goal on the same, where he still remains; lie therefore 
prays, that on his paying the duties due to the govern- 
ment and payment of the costs which have arisen, he may 
be discharged from goal: 

Resolved, That the said John Adams, be discharged 
from goal, he first accounting with the Collector of Exci 
for the said county of Berkshire, for the said rum so sold 
as aforesaid, in the same manner as other licensed persons 



368 1784. — January Session. 

are obliged by law to account with Collectors of Excise, 
and pay the duties thereon to the said Collector, together 
with all costs which have arisen in prosecuting the said 
action against him ; any law or resolve to the contrary 
notwithstanding. February 28, 1785. 



Chapter 89. 

Chart. 80 resolve on the petition of ebenezer strong, in behalf 

1 ' OF HIMSELF AND COMPANY OF MILITIA, GRANTING HIM 

TWENTY-NINE rOUNDS, THREE | SHILLINGS AND FOUR 
PENCE, FOR THE USE OF HIMSELF AND COMPANY. 

On the petition of Ebenezer Strong, in behalf of him- 
self and company of militia, praying an allowance for 
mileage : 

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 Ebenezer Strong, for the use of the 
said company, consisting of seventy men, officers included, 
one penny per mile, for each man's travel from Northamp- 
ton to Saratoga, being one hundred miles, amounting in 
the whole to Twenty-nine pounds, three shillings and four 
pence. March 1, 1785. 



Chapter 90. 

Chan 90 RES0LVE continuing the time for receiving duplicate 
*■ ' receipts of beef to the last day of mat next. 

Whereas it is represented to this Court, that duplicate 
receipts of beef in several towns, either by being mislaid or 
for want of sufficient attention in those by whom they were 
sent, have not been received by the Secretary, by which 
means such towns may be greatly injured: Therefore, 

Resolved, That the time for receiving duplicate receipts 
of beef, be, and hereby is, further continued till the last 
day of May next; and the Secretary is authorized to 
receive duplicate receipts of beef in order for examina- 
tion by the Governor and Council, any time before the 
last day of next May; provided, that if any expence has 
arisen by such omission, it shall be borne by the delin- 
quent town. March 2, 1785. 



1784. — January Session. 369 



Chapter 91. 

RESOLVE ON THE PETITION OF ROBERT SMITH, GRANTING CTlClT). 91 
lll.M TWO RUNDRED AND SIXTY-FOUR ACRES OF LAND, AND 
DIRECTING THE COMMITTEE TO EXECUTE A DEED THEREOF. 

On the petition of Robert Smith, praying for a com- 
pensation in the unappropriated hind* of this Common- 
wealthy for a right of land in the township called Souhe- 
gan East, or Narraganset, iVo. 5, whereof he teas deprived 
by the running the boundary line between this State and 
the State of New Hampshire, about (he year 1740 : 

Resolved, That there be granted, and there is hereby 
granted, to the said Smith, his heirs and assigns, a lot of 
land containing two hundred and sixty-four acres, marked 
No. 21, in the survey and plan of Mr. Barnabas Dodge, 
who, A.D. 1784, surveyed the lands on the East side of 
Penobscot River, between the twelve townships, (so called) 
and the head of the tide on the said river, in full compen- 
sation for the said right ; upon condition however that 
the said Smith, his heirs or assigns, shall, within four 
years from this date, settle on the said lot, or cause some 
honest and diligent husbandman to settle thereon, to 
build a framed house within six years from this date, and 
clear four acres annually for six years next after the expi- 
ration of the said four years. 

And it is further Resolved, That the Committee appointed 
by a resolve of the General Court of the 28th of October, 
1783, on the subject of the public lands in the county of 
Lincoln, be a Committee on behalf of this Commonwealth 
to execute a deed of the said lot to the said Smith accord- 
ingly, with warranty. March 3, 1785. 



Chapter 92. 

RESOLVE ON THE PETITION OF SOLOMON PRENTICE, PRAYING QJiap, 92 
FOR A HEARING OF A CERTAIN CASE, AND STAYING JUDG- 1 ' 

MENT, &c. 

On the petition of Solomon Prentice, praying for a 
hearing of the case, John Campbell plaintiff, vs. the said 
Solomon Prentice defendant: 

Ordered, That the petitioner serve the plaintiff, or 
Edward Jiangs, Esq ; his attorney, fourteen days before 
the second Wednesday of the next sitting of the General 



370 1784. — January Session. 

Court, of the said petition and this order, and notify him 
that he appear on the second Wednesday aforesaid, to 
shew cause, if any he has, why the prayer of the petition 
shall not be granted ; and that in the mean time all fur- 
ther process on the judgment and execution mentioned in 
the said petition be stayed. March 3, 1785. 

Chapter 93. 

Chap. 93 RESOLVE ON THE PETITION OF PAUL DUDLEY SARGENT, EM- 
POWERING THE JUDGE OF PROBATE FOR THE COUNTY OF 
ESSEX, TO DIRECT THE COMMISSIONERS ON WILLIAM 
BROWN'S ESTATE TO MEET AGAIN. 

Whereas it appears to this Court, that many of the debts 
due from William Brown, late of .Salem, an absentee, 
owing to the creditors residing in other States, and to vari- 
ous other causes, were not laid before the Commissioners on 
the said absentee's estate, nor reported to the Judge of 
Probate : Wherefore 

Resolved, That the Hon. B. Greenleaf, Esq ; Judge of 
Probate, &c. for the county of Essex, be, and he hereby 
is, authorized and empowered to direct the Commissioners 
on the said estate to meet again, for such a length of time 
as the said Judge may think proper, to hear and liquidate 
the claims of all such creditors on the said estate as have 
not hitherto been delivered in, at the expence of the said 
creditors, and to proceed in all respects touching the 
same, as to law and right appertains. March 3, 1785. 

Chapter 94. 

Chan 94 RES0LVE 0N THE petition of paul Dudley sargent, 
■L ' allowing him to make up a pay roll for services in 

1775. 

On the petition of Paul Dudley Sargent, praying for 
wages due to him and the field and staff officers of the Regi- 
ment he commanded in the year 1775. 

Resolved, That the said Paul Dudley Sargent make up 
the pay roll of the field and staff officers of his regiment 
for the year 1775, while in the pay of this then State, and 
lay the same before the Governor and Council for allow- 
ance and payment, according to the wages established for 
those services when the same were performed. 

March 4, 1785. 



1784. — January Session. 371 

Chapter 95. 

RESOLVE GRANTING TO JOI1X AVERY, JUN. ESQ; TWO HUN- QkaV, 95 
DRED AND SEVEN POUNDS, FIFTEEN SHILLINGS. 

Resolved, Th:it there be allowed and paid out of the 
public treasury of this Commonwealth, to John Avery, 
Esq ; Secretary, the sum of Two hundred and seven pounds, 
fifteen shillings, in lull for his services from January, 
1784, to the tirst day of January, 1785, over and above 
One hundred and forty- two pounds, five shillings, which he 
has received in his office during that term. 

March 4, 1785. 

Chapter 96. 

RESOLVE ON THE PETITION OF JOSIAH LEAVITT, THOMAS QJiap, 90 
BROWN AND BENJAMIN RICHARDS, ON A COMMITTEE FROM ^' 

THE TOWN OF STERLING, EMPOWERING THE ASSESSORS OF 
THE TOWN OF LANCASTER, IN THE CASE MENTIONED. 

Whereas it appears that those of the inhabitants of the 
town of Shrewsbury, together with their estates, who by an 
act of the General Court passed February 26, 1781, were 
set off from the town of Lancaster, and annexed to the said 
town of Shrewsbury, have never been assessed their pro- 
portion of the several requisitions of money , beef, cloathing 
and soldiers , jor the year 1781 : 

Therefore Resolved, That the Assessors of the town of 
Lancaster for the year 1781, being first sworn before 
some Justice of the Peace for the county of Worcester, 
for the faithful performance of the trust reposed in them 
by this resolve, be, and they hereby are, authorized and 
directed to assess those inhabitants of the town of Shrews- 
bury aforesaid, so set off, with their estates, their due 
proportion of the several requisitions aforesaid, which 
were apportioned on the town of Lancaster, by the sev- 
eral acts of the General Court for that purpose, according 
to the list of polls and estates by which the said inhabi- 
tants were assessed in the last tax assessed on them by 
the Assessors of Lancaster, and the same assessments so 
made to commit to the Sheriff of the county of WorcesU r, 
who is hereby authorized and directed to collect the same, 
and the proceeds thereof to pay into the treasury of this 
Commonwealth, by the tirst day of Novemher next; and 
the said Sheriff is hereby empowered to use and exercise 



372 1784. — January Session. 

all the powers and proceedings which Collectors are by 
law authorized to in the collecting of taxes, and to depu- 
tize either of the said inhabitants of Shrewsbury , afore- 
said, giving him sufficient bonds to do and perform what- 
soever the said Sheriff' is hereby authorized to : And the 
Assessors of Lancaster aforesaid are hereby directed to 
perfect said assessment and commit the same to the 
Sheriff as aforesaid, before the first day of April, next, 
and return a fair copy of said assessment to the Treasurer 
of this Commonwealth, by the said first day of April, 
who is hereby directed to stay his execution for the 
amount thereof, against the town of Sterling, upon their 
deficiencies for the year 1781, until the further order of 
the General Court. March 4, 1785. 



Chapter 97. 

Chap. 97 resolve ON the petition of the selectmen of the town 

OF GRAFTON, DIRECTING THE TREASURER TO GIVE A 
RECEIPT TO SAID TOWN, FOR TWENTY-NINE POUNDS, BEING 
FOR A FINE FOR NOT SENDING A REPRESENTATIVE. 

On the petition of the Selectmen of the town of Grafton, 
praying for the abatement of the fine laid on the inhabi- 
tants of the said town for not sending a Representative in 
the year 1782, for reasons set forth in the said petition : 

Resolved, That the prayer of the said petition be 
granted, and that the Treasurer of this Commonwealth be, 
and he hereby is, empowered and directed to receipt the 
town of Grafton, in Tax No. 3, granted in the year 1782, 
the sum of Twenty -nine pounds, in full of the said fine. 

March 4, 1785. 

Chapter 98. 

Chan. 98 RES0LVE 0N THE PETITION OF GEORGE WILLIAMS, AGENT 
' * * FOR Til E SHIP BLA CK PRINCE, LOST AT PENOBSCOT, DIRECT- 

ING THE TREASURER TO ISSUE A NOTE PAYABLE TO SAID 
WILLIAMS, AND GIVING HIM LIBERTY TO RECEIVE A NOTE 
GIVEN BY COL. LARK1N THORNDIKE. 

On the petition of George Williams, agent for the ship 
Black Prince, lost at Penobscot, setting forth, that the stun 
of Twenty-six thousand two hundred and seventy-eight 
pounds, sixteen shillings and two pence, equal to Seventeen 
hundred and seventy-nine pounds specie, was due from 



1784. — January Session. 373 

this Commonwealth , to the said George Williams, Larkin 
Thorndike and Samuel Ward, being their shares of the 
said ship Black Prince, from the 26th day of July, A.D. 
1 779, and praying payment thereof: 

Resolved, That the prayer of the petition of the said 
George Williams, agent as aforesaid, be so far granted, 
that the Treasurer of this Commonwealth, be, and he 
hereby is, ordered and directed to issue a note or notes in 
behalf of this Commonwealth, payable to the said George 
Williams, or order, for the said sum of Seventeen hundred 
and seventy-nine pounds, specie, bearing date the 6th day 
of July, A. D. 1779, the said note or notes to be on 
interest from that time, and payable at the same time as 
notes heretofore issued to other persons sustaining simi- 
lar losses at Penobscot have been ordered to be paid ; and 
he, the said George Williams, agent as aforesaid, upon 
payment of the said sum as aforesaid, to discharge the 
charter party made by the Board of War in behalf of the 
said Commonwealth, with the said George Williams, 
agent as aforesaid, in full. 

Provided nevertheless, and it is further Resolved, That 
the said George Williams, agent as aforesaid, shall be at 
liberty to receive of the Treasurer aforesaid, a note of 
hand, given by the said Thorndike to this Commonwealth, 
in pay of said sum of Seventeen hundred and seventy-nine 
pounds, so far as the same will go, and to receive of the 
said Treasurer his note or notes, as aforesaid, for the 
remaining sum, to make up the said sum of Seventeen hun- 
dred and seventy -nine pounds. March 2, 1785. 

Chapter 99. 

RESOLVE ON THE PETITION OF HIRAM SEWHALL, IN BEHALF Cjlutj). 09 
OF THE TOWN OF ATHOL, DIRECTING THE COLLECTORS IN 
SAID TOWN TO PROCEED IN COLLECTING TAXES. 

On the petition of Hiram Ncwhall, in behalf of the town 
of At hoi, respecting the collect ion of taxes in the said town : 

Resolved, That the Collectors in the town of Athol, 
proceed in collecting the taxes assessed on such of the 
inhabitants of the District of Orange as before the incor- 
poration of the said district were inhabitants of the said 
town of Athol, and which taxes were granted previous to 
that time, in every respect, as though the said persons had 
not been set off from the said town of Athol, any law to 



374 1784. — January Session. 

the contrary notwithstanding (excepting the money 
granted by the said town of Athol, on the 15th day of 
October, 1783) and that the said town of Athol, on the 
second Wednesday of the next session of the General 
Court, lay before this Court the evidence of the said 
town's owing the money granted the said 15th day of 
October, and serve one of the principal inhabitants of the 
said Orange, who were set off from Athol, with a copy 
of the said petition and this resolve, by leaving a copy 
thereof at his usual place of abode, in the said Orange, at 
least twenty days before the said second Wednesday of 
the next session of the General Court, that so they may, 
if they see cause, appear and shew cause, if any they 
have, why the tax granted on the 15th of October afore- 
said, should not be collected in manner as in this resolve 
is first provided. March 5, 1785. 

Chapter 100. 

Chap.100 ItESOLVE ABATING THE TAXES ASSESSED ON THE TOWNS OF 
BARNSTABLE, EASTHAM, HARWICH, YARMOUTH, SANDWICH 
AND FALMOUTH, IN THE COUNTY OF BARNSTABLE. 

Whereas by representations of (he impoverished and dis- 
tressed circumstances of the towns of Barnstable, Eastham, 
Harwich, Yarmouth, Sandwich and Falmouth, all in the 
county of Barnstable, it appears to this Court, that the 
inhabitants of the said towns are utterly unable to pay the 
several taxes now assessed on them: 

Resolved, That there be, and hereby are, abated of the 
taxes now due from the several towns abovementioned, 
assessed on them before the Tax of July, 1784, the sums 
hereafter mentioned, which abatements are to be in full of 
every allowance to be made to the said towns, on account 
, of any assessments or taxes made before that of July, 
1 78 I To the town of Barnstable, One thousand one hun- 
dred and twenty-seven pounds, Jive shillings and onepenny; 
to the town of Eastham, Nine hundred and three pounds 
fifteen shillings and four pence ; to the town of Harwich, 
Eight hundred and seventy-two pounds, fifteen shillings and 
ten pence; to the town of Yarmouth, Two thousand four 
hundred and thirty-two pounds, three shillings; to the 
town of Sandwich, Eight hundred sixteen pounds, eleven 
shillings and threepence; to the (own of Falmouth, JSfine 
hundred u / 'net ' y-t In ree pounds, fifteen shillings and ten pence. 



1784. — January Session. 375 

Revolved, That the Treasurer be, and he hereby is, 
directed to credit the said (owns with the said sums 
accordingly. 

Resolved, That the Assessors of the several towns afore- 
mentioned be, and they hereby are, empowered to collect 
from such persons as they may think able to pay. their 
just proportions of the several sums by these resolves 
abated to the said towns, and to apply the monies so 
collected to such use or uses as may be ordered by their 
several towns. March 5, 1785. 



Chapter 101. 

AN ALLOWANCE OF THREE HUNDRED POUNDS TO THE AGENTS Ckdp.lOl 
FOR PROSECUTING THE CLAIMS OF THIS COMMONWEALTH l ' 

TO LANDS WEST OF HUDSON'S RIVER. 

Ordered, That the sum of Three hundred pounds be 
allowed and paid to each of the said agents, (over and 
above their expences while absent ) as a compensation for 
their services in prosecuting the business aforesaid to 
effect. March 7, 1785. 



Chapter 102. 

RESOLVE ON THE PETITION OF MATTHE W NE WHALL, OF LYNN- ChciV.lO 
FIELD, EMPOWERING THE SELECTMEN TO ASSESS ON THE * 

SEVERAL PERSONS (BELONGING TO A CLASS FOR PROCURING 
MEN) SUCH SUMS AS MENTIONED. 

On the petition of Matthew Newhall, of Lynnfield, 
praying that the Selectmen of the said district may be 
empowered to assess on the several persons belonging to the 
class for procuring men to serve in the Continental Arm;/, 
agreeable to a resolve of the General Court of the seventh 
of March A.D. 1782, whereof the said Newhall was the 
head, the monies advanced and paid by him for procuring 
a man for said class to serve as aforesaid: 

Resolved, That the Selectmen of Lynnfield aforesaid, 
for the time being, be, and they are, hereby empowered 
and directed to apportion and assess on the polls and 
estates of the several persons classed in the said class, 
so much, or such sums of money as it shall appear to them 
the said Newhall paid for the said man for the purpose 
aforesaid, in the same manner that the Selectmen of the 



376 1784. — January Session. 

said district might and should have done, had it been set 
off from the town of Lynn before the resolve respecting 
the procuring the said men had been made, and the said 
Selectmen had then at the passing of the said resolve been 
in office ; and the same to commit to a Collector of the 
said district of the present or ensuing year to collect, in 
the form prescribed by the said resolve. 

March 7, 1785. 



Chapter 103. 

Chap.103 RESOLVE FOR DIVIDING THE COUNTY OF LINCOLN INTO TWO 
DISTRICTS, FOR COLLECTING EXCISE DUTIES. 

Whereas there is a great extent of sea coast in the county 
of Lincoln, and it appears probable that more monies would 
come into the treasury of this Commonwealth from (he 
duties of impost and excise, in a collection thereof, by hav- 
ing two Collectors in said county, titan by the present mode 
by one Collector only : 

Resolved, That the said county of Lincoln, (so far only 
as the collection of the duties of impost and excise is 
concerned) from and after the passing of this resolve be, 
and hereby is declared to be divided into two districts, 
viz. : an Eastern and a Western district, and that the River of 
Penobscot be the division of the said districts ; and that 
all the towns and settlements eastward of the said Penob- 
scot River be, and hereby are, declared to be the Eastern 
district ; and that the towns and all the other settlements 
to the westward of the said Penobscot River, be, and 
hereby are, declared to be the Western district ; and that 
there be annually chosen and appointed a suitable person 
as a Collector of the duties of impost and excise for each of 
the said districts, agreeable to the laws of this Common- 
wealth for the choice and appointment of Collectors of the 
duties of impost and excise for the several counties within 
the same ; and that each of the said Collectors tor the said 
districts in the said county of Lincoln, from and after the 
passing of this resolve, shall be subject in all things to 
similar obligations, and vested with similar powers and 
privileges in his said office of a Collector, to those of the 
several Collectors of the duties of impost and excise 
chosen and appointed to, and in the several counties of 
this Commonwealth. March 7, 1785. 



1784. — Januaky Session. 377 

Chapter 104. 



ESOLVE ON THE PETITION OF WILLIAM SWAN, IN BEHALF OF CkapA04t 
HANNAH MARSH, EMPOWERING THE JUDGES OF THE SU- 1 ' 



IIHSOLVE ON 
HANNAH i 
PREME JUDICIAL COURT TO CORRECT A MISTAKE. 

On the petition of William Swan, Clerk of the Court of 
Common Pleas of the county of Middlesex, praying that 
he may be allowed to correct a mistake made by him in 
making uj) the judgment upon a certain bond in the same 
petition mentioned: 

Resolved, That the Judges of the Supreme Judicial 
Court, at the term of the said Court now holden at 
Boston, within and for the county of Suffolk, be, and 
they hereby are, directed and empowered to correct a 
mistake in the judgment of the Court of Common Pleas, 
held at Cambridge, within and for the county of Middle- 
sex, on the last Tuesday in November, One thousand seven 
hundred and eighty-three, wherein Hannah Marsh of the 
said Cambridge, widow, was plaintiff, and William Longly, 
John Longly and Jonas Longly, were defendants and 
appellants to the Supreme Judicial Court ; and to issue 
execution for any sum that may by them be found to be 
justly due, with reasonable costs. March 7, 1785. 

Chapter 105. 

RESOLVE ON THE PETITION OF JOSEPH WARD, DIRECTING THE QhciV 105 
COMMITTEE FOR SETTLING WITH THE ARMY TO SETTLE 1 ' 

WITH HIM FOR HIS YEAR'S PAY. 

On the petition of Joseph Ward, Esq; late an officer in 
the mustering department within this /State, praying for a 
year's advance pay: 

Resolved, That the Committee for settling with the army 
be, and hereby are, directed to settle with the said Joseph 
Ward for his year's pay, agreeable to a resolve of Con- 
gress of the twelfth of October, 1781. March 7, 1785. 



Chapter 10G. 

RESOLVE DIRECTING THE TREASURER TO ABATE THE TOWN Ch(l)).106 
OF LEOMINSTER, A TAX LAID ON SAID TOWN FOR THE PAY 2 ' 

OF A REPRESENTATIVE, OVER THEIR PROPORTION. 

Whereas it appears to this Court, Unit in the last Tax 
Act the town of Leominster ivas taxed Six pounds, thirteen 



378 1784. — January Session. 

sliil lings, for the pay of a Representative, more than the 
Representative's pay amounted to: Therefore, 

Resolved, That the Treasurer of this Commonwealth be 
directed, and he is hereby directed, to credit the town of 
Leominster the aforesaid sum of Six pounds, thirteen shil- 
lings, in the last tax laid on the said town, July 9, 1784. 

March 8, 1785. 

Chapter 107. 

Char) 107 resolve directing the treasurer to continue consol- 

1 "' IDATING PUBLIC SECURITIES TO JULY NEXT. 

Resolved, That the Treasurer be, and he hereby is, 
authorized and directed to continue the business of con- 
solidating Government securities, until the first day of 
July next, and on the same terms as heretofore provided. 

March 8, 1785. 

Chapter 108. 

Chap.lOS RESOLVE GRANTING THOMAS PIER THIRTY-SIX POUNDS, FOR 
1 ' WAGES DUE TO HIS SON, WHO WAS WOUNDED IN THE SER- 

VICE OF HIS COUNTRY. 

On the petition of Thomas Pier, praying for a continu- 
ance of the wages of his son, a minor, who was wounded 
and scalped in the service of his country : 

Resolved, That there be allowed and paid out of the 
public treasury of this Commonwealth, to the said Thomas 
Pier, the sum of Thirty pounds, as a full compensation for 
the loss of his son's time from the twenty-third day of 
October, 1780, to the twenty-third day of January, 1782, 
being fifteen months, at Forty shillings per month. 

March 8, 1785. 



Chap 



Chapter 109. 

.109 INSTRUCTIONS TO THE HON. ELBRIDGE GERRY, ESQ; AND 
OTHERS, DELEGATES IN CONGRESS FROM THIS STATE. 

To the Honorable Mbridge Gerry, Samuel Holton, George 
Partridge and Rufus King, Esqr's. 
The United States of America having formed by the 
wisdom of their Councils, and established by their exer- 
tions, a Federal Union, which is no less necessary to the 



1784. — January Session. 370 

freedom of each, than important to the independence of 
all the States, every measure ought to be adopted and 
vigorously executed, which can have a tendency to per- 
petuate an institution, that reflects so much honor upon 
human nature, and so strongly points the world to the 
true political felicity of mankind ; but whatever marks of 
wisdom and perfection appear upon the face of this 
system, it cannot be expected, that provision is made 
against every species of corruption, which ambition and 
avarice may attempt to introduce for the subversion of it ; 
and therefore, in the early age of our national existence, 
the United States in Congress assembled, will doubtless 
form such resolutions, and establish such principles as will 
have a tendency to prevent designing men in future ages 
from sapping the foundation of our federal union. 

The world cannot but admire, that prudence and 
wisdom which by providing for a rotation of Members in 
Congress fixed one important barrier against corruption ; 
but the Legislature of this Commonwealth observe, with 
concern and regret, that no provision is made to prevent 
the Members of Congress from appointing themselves 
to offices, and it requires no very great share of sagacity 
to foresee, that unless this point is more effectually 
guarded, the offices of the Federal Government may here- 
after be filled with men who will not be the most capable 
of serving the people, or the most remarkable for their 
integrity : and that some persons forsaking the true inter- 
ests of their country, will take corrupt measures to become 
Members of Congress, with a view to possess themselves 
of lucrative employments, whereby offices in themselves 
unnecessary, may be created and multiplied, and the 
injured fabrick of our Federal Government be overthrown 
by the same means that have been employed in prostrat- 
ing those ancient Republicks, which are seen no more but 
in the pages of history. 

The Legislature of this Commonwealth, therefore 
instruct you, Gentlemen, to endeavour to procure a reso- 
lution of Congress enacting, that no Member of Congress 
shall be appointed to any office, under the States, during 
the term for which he shall have been elected. 

And that a uniformity of practice upon the Confedera- 
tion may be observed, and that those republican principles, 
which call for a cessation of the tenure of offices, at cer- 
tain fixed periods, may be attended to, the Legislature 



380 1784. — January Session. 

instruct you, to use your utmost endeavour to procure a 
resolution for the annual appointment of the Secretary of 
Congress, and that you zealously oppose the exercise 
of that office, by any person who shall not be annually 
appointed thereunto. 

As it can never be for the interest of the States, to have 
the permanent residence of Congress in any great city, 
the Legislature of this Commonwealth instruct you to 
endeavour to have the buildings proposed by an ordinance 
of Congress of the twenty-third of December last, com- 
pleated as soon as may be ; that you exert yourselves to 
have them constructed with that economy and plainness, 
which is suitable to the state of a young republic, and 
with decency suited to the residence of a national Council. 

The Legislature further instruct you, to urge Congress 
to proceed immediately to the important business of 
securing to the States the free navigation of the River 
Mississipjji, and of establishing the eastern boundary of 
this Commonwealth according to the true intention of the 
treaty of peace, lately concluded with the King of Great 
Britain. 

The Legislature presume, that from the local situation 
of the United States, and the present state of their 
finances, they will not think it for their interest to have 
many foreign officers : Having just emerged from depend- 
ence on another power, and taken rank among the nations, 
it may be necessary to employ Ministers to form such 
treaties of amity and commerce as promise advantage to 
our rising Republic : but as soon as such treaties are 
concluded, they apprehend little can be expected from 
the residence of Ministers at foreign Courts ; they do 
therefore further instruct you, Gentlemen, to exert your 
influence in Congress, that Ministers, or other public 
officers, be not sent or continued in foreign countries, 
except on such occasions as the public good may abso- 
lutely require : And as the character of Republics in 
general, and the ability of this in particular, make it 
proper and necessary, that the strictest economy should 
be observed in all their affairs, we expect thai you take 
care, as far as your influence can extend, that the salaries 
and allowance of our public officers abroad, and the 
arrangements and salaries of the departments at home, be 
so conducted as effectually to coincide with the principles 
herein expressed. 



1784. — January Session. 381 

The Legislature observe, with regrel and concern, thai 
no measures have yel been adopted by Congress, for the 
redemption of the old continental money ; and request 
yon to exert your utmost endeavours for the accomplish- 
ment of an object, which so nearly affects the interest of 
the citizens of this State. They also instruct you to use 
your unwearied and unabated exertions, that Congress do 
allow and pass to the credit of this Commonwealth, the 
account of charges they were at, in consequence of their 
attempt to dislodge the British from their post at Penob- 
scot ; and that the bounties paid by the several towns 
within this Commonwealth, to soldiers who served in the 
Continental Army, be also allowed by Congress. 

The Legislature are informed, that Congress have 
entered, or are about entering into a convention with the 
Court of France, that any Consul appointed by that 
Court, to reside in any of the United States of America, 
shall have and exercise powers and privileges similar with 
those vested in Ambassadors ; and being deeply impressed 
with the dangerous tendency of such a measure, do fur- 
ther instruct and direct you, gentlemen, in the most 
pointed manner, to oppose the ratification of any such 
agreement ; and to take those measures which they shall 
judge most effectual to prevent the extension of the 
powers and privileges of Consuls beyond their usual limits. 

Read and accepted and thereupon 

Ordered, That the Secretary be directed to make out a 
fair and attested copy of the foregoing instructions and 
forward them to the Delegates from this Commonwealth 
in Congress. March 8, 1785. 



Chapter 110. 

RESOLVE EMPOWERING THE COLLECTORS OF IMPOST AND 
EXCISE, TO EXERCISE THE DUTIES ASSIGNED THEM, UNTIL 
THE 12th OF JUNE, 1786. 

Whereas the businesses of the Naval Officers and Collect- 
ors of Impost and Excise, within this Commonwealth, hare 
strict connections with each other: And whereas by laws 
now in force the said Collectors are required to render to 
the Treasurer, on or before the first day '//"June, annually, 
fair and accurate accounts of all monies by l hem respect- 



ChapMQ 



382 1784. — January Session. 

ively received; and to settle and balance their several 
accounts under oath; which accounts the Treasurer is 
directed to lay before the General Court, on or before the 
tenth day of the same month: And whereas the annual 
choice of Naval Officers, is in the month of June, and it 
may be more beneficial to the revenue of this Common- 
wealth, that the Collectors of Impost and Excise should be 
chosen at the same time: 

Resolved, That the Collectors of Impost and Excise, 
which may be chosen at this session of the General Court, 
be, and they are, hereby empowered to exercise the sev- 
eral duties assigned to the Collectors of impost and excise, 
until the 12th day of June, One thousand seven hundred 
and eighty-six, and until others are chosen in their room ; 
any law or resolve of this Commonwealth to the contrary 
notwithstanding. March 10, 1785. 



Chapter 111. 

Chap.lll RESOLVE EMPOWERING SAMUEL PHILLIPS, JUN., NATHANIEL 
1 ' WELLS AND NATHAN DANE, ESQ'RS, TO SELL CERTAIN LANDS 

LYING IN THE COUNTY OF CUMBERLAND. 

Whereas there are sundry parcels of land belonging to 
this Commonwealth, and lying in the county of Cumber- 
land, which have never been granted to any private persons, 
or appropriated to any public use, by retaining the prop- 
erty of which no considerable advantage will probably 
accrue to the Commonwealth : Therefore, 

Resolved, That Samuel Phillips, jun., Nathaniel Wells, 
and Nathan Dane, Esq'rs., be a Committee with full 
power and authority to sell and convey all the lands of 
the aforesaid description, belonging to this Commonwealth, 
and lying in the county of Cumberland ; and in behalf of 
this Commonwealth, to make and execute deeds thereof 
to the purchasers, to hold the same to them and their 
heirs, in fee simple ; and the said Committee are hereby 
vested with all the powers and authorities, touching (lie 
lands abovementioned, which the same Committee are 
vested with by divers resolves of the General Court with 
respect to the lands in the county of Lincoln, and to 
account as in the said resolves is directed. 

March 10, 1785. 



1784. — January Session. 383 



Chapter 112. 

RESOLVE ON THE PETITION OF JOSEPH BUFFAM, EMPOWERING Char>.~ll2 
THE JUSTICES OF THE SUPREME JUDICIAL COURT TO TAKE -* * 

COGNIZANCE OF THE JUDGMENT MENTIONED, AT THE NEXT 
COURT TO BE HELD AT WORCESTER. 

On the petition of Joseph Buffam, praying that the 
Sujweme Judicial Court may have liberty to rectify a mis- 
fake in a judgment by them rendered, as is fully set forth 
in his petition ; 

Resolved, That the Justices of the Supreme Judicial 
Court, next to be holden at Worcester, within and for the 
county of Worcester, in April next, be, and hereby are, 
authorized and empowered to take cognizance of the judg- 
ment in the said petition mentioned, and give judgment 
for such further sum as the same Court shall consider as 
justly due, and to issue execution for the same accord- 
ingly ; he the said Joseph Buffam to notify the said John 
Campbell, named in the said petition, to appear at the 
said Court to shew cause (if any he has) why judgment 
should not be rendered as prayed for, by causing an 
attested copy of the said petition, with this order of 
Court thereon, to be left at the last and usual place of 
abode of the said Campbell, in the said Oxford, fourteen 
days before the said sitting of the said Supreme Judicial 
Court at Worcester, in April next. March 11, 1785. 



Chapter 113. 

RESOLVE AUTHORIZING AGENTS TO PROSECUTE THE 
OF THIS COMMONWEALTH TO LANDS WEST OF HUD 
RIVER, TO RESTRICT THE TRIAL BEFORE THE COURT FOR 
THAT PURPOSE CONSTITUTED. 

Resolved, That the Agents appointed to prosecute the 
claims of this Commonwealth to certain lands described 
in the petition of the Legislature of the said Commonwealth 
to Congress, dated May 27, 1784, be, and they hereby 
are, authorized and empowered, (if they see fit) by mutual 
agreement between them and the Agents on the part of 
New York, to restrict the trial of the said claims before 
the Court constituted and appointed for that purpose, to 
such lands as lie westward of Hudson's River. 

March 11, 1785. 



claims Chap.WS 

DSON'S L 



384 1784. — January Session. 



Chapter 114. 

Chap.114: RESOLVE ENTITLING JAMES WARREN, JUN., TO HALF PAY AS A 
LIEUTENANT OF MARINES, FROM THE TIME OF HIS DIS- 
CHARGE, 1781. 

On the representation of John Lucas, Commissary of 
Continental Pensioners, in behalf of J ames Warren, j'ra., 
Lieutenant of Marines, who lost one of his legs by a wound 
he received in an engagement on board the Alliance, Frigate : 

Resolved, That the said James Warren, jun., be allowed 
one half his pay as Lieutenant of Marines, from the first 
day of November, 1781, being the time of his discharge. 

March 11, 1785. 



Chapter 115. 

Chap.115 RES °LVE INTITLING WAREHAM WARNER, TO ONE SIXTH PART 
1 ' PAY FROM 17th SEPTEMBER, 1783, UNTIL FURTHER ORDER. 

On the representation of John Lucas, Esq; Commissary 
of Pensioners, in behalf of 'Wareham Warner, late a soldier 
in the second Massachusetts regiment, 'who was regularly 
discharged therefrom the seventeenth day of September, 
1783, on account of a casual injury he received while in 
the service of his country, and is thereby disqualified for 
performing any kind of labor : 

Resolved, That there be allowed and paid out of the 
public treasury unto the said Wareham Warner, or order, 
one sixth part pay of a soldier, from the said seventeenth 
day of September, 1783, until the further order of the 
General Court or the Congress of the United States. 

March 11, 1785. 



Chapter 116. 

ChaV.116 RE SOLVE APPROVING THE CONDUCT # 0F THE COMMISSIONERS 

1 ' FOR SETTLING THE LINE BETWEEN THIS COMMONWEALTH 

AND STATE OK NEW YORK, EASTWARD OF HUDSON'S RIVER, 

AND DIRECTING THE DELIVERY OF PAPERS TO THE AGENTS 

FOR SUPPORTING THE CLAIMS OF THIS COMMONWEALTH, &c. 

Resolved, Thai this Legislature do fully approve of the 
conduct of the Commissioners appointed to settle the line 
between this Commonwealth and the Slate of JVew York, 
eastward of Hudson's Hirer, in their endeavours to ascer- 



1784. — January Session. 385 

lain and run the said line conformable to the agreement 
made and executed at 1 Hartford , in May, A. D. 1773. 

And whereas the said Commissioners have not been able 
to ascertain and run the said line in conjunction with Com- 
missioners appointed for that purpose by the State of New 
York, and have therefore desisted from further prosecuting 
the said business: 

Resolved, That the report of the said Commissioners, 
with the papers accompanying the same, be delivered into 
the hands of the Agents for supporting the elaims of this 
Commonwealth before a Federal Court, to be holden on 
the first Tuesday of Jane next ; and the said Agents are 
hereby authorized and empowered to make use of the 
papers aforesaid in such manner as they may think will 
promote the interest of this Commonwealth. 

March 11, 1785. 

Chapter 117. 

A GRANT OF SEVENTY-EIGHT POUNDS TO THE DELEGATES Q^qj) \Y7 
OF THIS COMMONWEALTH, TO FORWARD AN EXPRESS TO "' 

THE COMMISSIONERS FOR DETERMINING THE DISPUTES 
BETWEEN THIS STATE AND NEW YORK. 

Whereas the Delegates of this Commonwealth at Con- 
gress have drawn on the Treasurer of the State for Two 
hundred and sixty Mexican dollars, to enable them to for- 
ward an express to the Commissioners appointed for consti- 
tuting in part a Federal Court for determining the dispute 
between this State and New York : 

Resolved, That the Governor, with the advice of Coun- 
cil, be, and he hereby is, requested to issue his warrant for 
the aforesaid sum of Two hundred and sixty Mexican 
dollars; and the Treasurer is directed to discharge the 
same according to the tenor of the draft. 

March 11, 1785. 

Chapter 118. 

RESOLVE ON THE PETITION OF DAVID MEAD, ALLOWING A (7^1?. 118 
NEW TRIAL ON A CERTAIN REFERENCE, AND EMPOWERING 1 ' 

THE COURT OF COMMON PLEAS TO BE HELD AT CONCORD, 
AND STAYING EXECUTION. 

WJiereas David Mead hath prayed for a new trial on a 
certain reference mentioned in his petition, for reasons 



386 1784. — January Session. 

therein set forth : And whereas the adverse parties have 
been notified agreeable to an order of the General Court, 
to shew cause (if any they had) why the prayer of the said 
petition should not be granted, but did not appear : 

Resolved, That the said David Mead, and each of the 
parties mentioned in a rule of Court entered into at a 
Court of Common Pleas, holden at Concord, within and 
for the county of Middlesex, on the second Tuesday of 
September, A. D. 1783, have leave to enter at the same 
Court at their next term, the several actions which by the 
said rule were referred to the determination of benjamin 
Brown and John Bridge, Esq'rs., of Lexington, and Cap- 
tain Isaac Gleason, of Wallham; and the said Court are 
hereby authorized and empowered to try and determine 
the same in the same manner as though the parties had 
not entered into the said rule ; and that execution upon 
each of the said actions be stayed in the mean time. . 

March 11, 1785. 



Chapter 119. 

ChaW 119 RES0LVE 0N THE PETITION OF SAMUEL AMEE, GRANTING HIM 

"*' SEVENTEEN POUNDS TWELVE SHILLINGS, IN CONSOLIDATED 

NOTES; AND DIRECTING THE SECRETARY TO FURNISH THE 

ATTORNEY GENERAL WITH COPIES OF HIS PETITION AND 

THIS RESOLVE. 

On the petition of Samuel Amee, setting forth that one 
Moses Barker, had, by a forged order, drawn front the 
treasury of this Commonwealth, the wages due to him, the 
said Samuel, for his service as a soldier in the late State 
Train of Artillery, under the command of Captain Amos 
Lincoln, and praying for the payment of his said wages: 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth to the said Samuel Amee, 
the sum of Seventeen pounds, twelve shillings, by delivering 
him consolidated notes to that amount, in full for his said 
service, he giving sufficient security for repayment in case 
it shall hereafter appear that the said order was not forged ; 
and the Secretary of this Commonwealth is hereby directed 
to furnish the Attorney General with attested copies of 
the said petition and this resolve, in order that such pro- 
ceedings may be had as to law and justice appertains. 

March 11, 1785. 



1784. — January Session. 387 



Chapter 120. 

RESOLVE ON THE PETITION OF EBENEZER BRIDGE AND SAM- QJ iaj) |20 
UEL II1ATCHER, ESQ'RS., CONFIRMING THE DOINGS OF ^ ' 

THADDEUS MASON, ESQ; AS REGISTER OF DEEDS. 

On the petition q/'Ebenezer Bridge and Samuel Thatcher, 
JEsq'rs., praying that the doings of Thaddeus Mason, Esq; 
as Register of Deeds, may be confirmed: 

Resolved, That the prayer be granted, and that all 
records of deeds, as also all copies, attestations and cer- 
tificates by Tliaddeus Mason, Esq ; attested as Register 
of Deeds, from the seventeenth day of March, 1784, to 
the fourth day of December, of the same year, be, and 
hereby are, as fully ratified and confirmed, as if the act of 
the General Court of the seventeenth day of March, 1784, 
(entitled, " An act for the more safe keeping the registry 
of deeds and conveyances of land, and for appointing the 
time and manner of choosing Registers,") had never passed ; 
any other law or resolve to the contrary notwithstanding. 

March 12, 1785. 

Chapter 121. 

RESOLVE ON THE PETITION OF SAMUEL FIELD, ADMINISTRA- QJ ia jj 121 
TOR ON THE ESTATE OF SAMUEL MUNN, EMPOWERING ^' 

HIM TO EXECUTE A GOOD DEED OF THE ESTATE MEN- 
TIONED. 

Resolved, That Samuel Field, administrator on the 
estate of the said Samuel Munn, be, and hereby is, author- 
ized and empowered to make and execute a good and 
lawful deed of sale to George Grinnell, of the whole real 
estate whereof the said Samuel Munn died seized, consist- 
ing of about two thirds part of the farm in Greenfield 
aforesaid, on which Samuel Munn, father of the said 
deceased, lately lived, with the buildings thereon, now in 
possession of the said George Grinnell; he the said Grinnell, 
first paying to the said administrator the sum of Two hun- 
dred and fifty pounds, agreeable to contract, including such 
sum or sums of money, as the said George Grinnell shall 
make appear to the commissioners appointed to examine the 
claims of the creditors to the said estate, that he paid to 
the said Samuel Munn, before his decease, in part pay for 
the aforesaid land and buildings; and the administrator 
aforesaid shall, before the sale aforesaid, give bond, with 



388 1784. — January Session. 

sufficient sureties to the Judge of Probate for the county 
of Hampshire, to account with him for the disposal of 
the money he shall receive by virtue of this resolve. 

March 14, 1785. 

Chapter 122. 

Chap.122 resolve on the petition of Jonathan filer, empower- 
ing HIM TO ENTER THE ACTION MENTIONED, AT A COURT 
OF COMMON PLEAS TO BE HELD AT PITTSFIELD, AND STAY- 
ING EXECUTION. 

On the petition of Jonathan Filer, praying that leave 
may be given to revive two actions in favor of Solomon 
Lathrop against him, on which judgments were rendered 
by the Court of Common Pleas in the county of Berkshire, 
February Term, 1784: 

Resolved, That the said Jonathan Filer shall be, and 
hereby is, empowered to enter the said actions at the 
Court of Common Pleas, to be holden at Pittsfield, within 
and for the said county of Berkshire, on the second Tues- 
day of May next, by filing with the clerk of the said 
Court attested copies of all the papers contained in those 
cases ; that the said actions shall thereupon be continued 
to the next term of the holding the said Court ; that a 
notification shall thereupon be made of the premises, and 
served on the said Solomon Lathrop, or his attorney, 
fourteen days before the sitting of the said Court to which 
the said actions shall be continued, when the said Court 
shall proceed in said actions to all intents and purposes as 
if the said actions had been originally continued to the same 
Court, and that in the mean time no execution of the judg- 
ments aforesaid shall be made. March 14, 1785. 

Chapter 123. 

Chan 123 GRANT T0 THE honorable president of the senate and 
* ' speaker of the house, and to each clerk. 

Resolved, That there be allowed and paid out of the 
public treasury of this Commonwealth, to the Honorable 
Samuel Adams, Esq ; President of the Senate, the sum 
of Six shillings per day, for each day's attendance the 
present session of the General Court; and to the Hon. 
Samuel A. Otis, Esq ; Speaker of the House of Represent- 
atives, the sum of Six shillings per day, for each day's 
attendance on the General Court the present session, over 



1784. — January Session. 389 

and above their respective pay as members of the Gen- 
eral Court. 

Resolved, That there be allowed and paid out of the 
public treasury, to Thomas Edwards, Esq; Clerk to the 
honorable Senate, and to Mr. George Richards Minot, 
Clerk to the House of Representatives, the sum of Sixty- 
five pounds, each, in full for their respective services the 
year past, including the former grant made to them. 

Resolved, That there be allowed and paid out of the 
public treasury, to the Reverend Mr. Joseph Eckley, 
Chaplain to the two Houses, the sum of Twelve pounds , in 
full for his attendance on the General Court the year 
past. March 14, 1785. 



Chapter 124. 



MCFARLAND, GRANT- ChciV.124: 
NG FOR BRINGING TO 



RESOLVE ON THE PETITION OF WALTER 
ING HIM SEVEN POUNDS, ONE SHILLIM 
HIS DUTY A DISOBEDIENT SOLDIER. 

On the petition of Walter McFarland, praying that he 
may be allowed and paid his account herewith exhibited, 
amounting to Seven pounds, one shilling, being so much 
by him expended in securing and bringing to his duty a 
disobedient soldier, who refused to join the corps to which 
he belonged: 

Resolved, That there be paid out of the treasury of this 
Commonwealth, to the said Walter McFarland, the afore- 
said sum of Seven pounds, one shilling, in full of his said 
account. March 14, 1785. 

Chapter 125. 

RESOLVE ON THE LETTER OF THE HONORABLE DAVID SEWALL, QhaV.125 
ESQ; EMPOWERING THE JUSTICES OF THE SUPREME JUDI- 1 ' 

CIAL COURT TO PROCEED TO ASCERTAIN THE VALUE IN 
CURRENT MONEY OF CERTAIN NOTES. 

Whereas in and by an act made and passed in the year 
1780, entitled " An act to provide for the security and pay- 
ment of the balances that may appear to be due, by virtue 
of a resolution of the General Assembly, of the sixth of 
February, One thousand seven hundred and seventy- nine, 
to this State's quota of the Continental Army, agreeably to 
the recommendation of Congress, and for supplying the 
treasury with a sum of money for that purpose: " Among 
other things, " It is enacted, that certain persons therein 



390 1784. — January Session. 

named are severally appointed to collect and keep a true 
account, according to the best of their judgment, of the 
prices of Corn, Beef, Sheep's Wool, and Sole Leather, in 
their respective counties, monthly, during the term of eight 
years, from the first day of January, One thousand seven 
hundred and eighty, and make a true report of the same 
into the Secretary's office, upon the last Tuesday in '• August 
and on the third Tuesday in February, annually, during 
the said eight years;" from the average prices whereof the 
Justices of the Supreme Judicial Court are to ascertain 
the value, in current money, of certain notes given to the 
officers and soldiers of the army : And whereas it appears 
to this Court, that five counties only have made returns, 
conformably to the said act: Therefore 

Resolved, That the Justices of the Supreme Judicial 
Court, be, and they hereby are, empowered and directed 
to proceed to ascertain and determine the value in cur- 
rent money, of the notes before mentioned, from such 
returns as they have received, and their own judgment in 
the premises. March 15, 1785. 

Chapter 126. 

Chap.126 RESOLVE ESTABLISHING the pay of the committee on 

1 ' ACCOUNTS ABOVE THEIR PAY AS MEMBERS OF THE GEN- 

ERAL COURT. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to each member of the 
Committee on Accounts, One shilling per day, for their 
attendance upon the business of the said Commission, 
during the several sittings of the General Court the pres- 
ent year, over and above their pay as members of the 
Legislature. March 15, 1785. 

Chapter 127. 

JOHN CARVES, FOR AND IN 
,YNN, PRAYING FOR AN ABATE- 
MENT OF A FINE, &c. 

On the petition of John Carnes,/or and in behalf of the 
town o/'Lynn, praying for an abatement of a fine, &c. set 
on the said, town: 

Resolved, That the prayer of the said petition be so far 
granted, that the town of Lynn and district of Lynnfield, 
be, and they arc, hereby abated the sum of r Two hundred 



C/iap.~\27 RESOLVE ON THE PETITION OF 

1 ' HE HALF OF THE TOWN OF LY 



1784. — January Session. 391 

and fourteen pounds, two shillings and six pence, to be 
divided between them according to the proportion they 
bear to each other in the taxes, it being- what they were 
set while one town, as a fine (over and above the average 
price) for a deficiency of five men, required of them by a 
resolve of the General Court, December 2, 1780. 

And it is further Resolved, That the sum of Sixty-one 
pounds, fourteen shillings and eleven pence, being the ten 
per cent, for assessing and collecting the fines from 
the people called Quakers, in the said town of Lynn, 
agreeable to the Militia Act, and which, through inadver- 
tency of the Assessors, was returned to the Treasurer of 
the Commonwealth, be abated to the said town of Lynn,; 
and the Treasurer of this Commonwealth is hereby 
directed to credit the said town of Lynn and district of 
Lynnfield, agreeably to the foregoing resolve, on the Tax 
No. 3, for the year 1783. March 15, 1785. 



Chapter 128. 

RESOLVE GRANTING THIRTY POUNDS, SIXTEEN SHILLINGS TO CJiaj)A28 
GEORGE LITTLE, COMMANDER OF THE SLOOP WINTHROP ^' 

FOR ADVANCES FOR THE CREW OF SAID SLOOP. 

WJiereas it appears by a certificate from the Secretary 
of this Commonwealth, that George Little, late com- 
mander of the sloop Winthrop, has advanced Thirty 
pounds, sixteen shillings more than he received: 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth to George Little, late com- 
mander of the sloop Winthrop, belonging to this Com- 
monwealth, the sum of Thirty pounds, sixteen shillings, in 
full for what he advanced for the crew of the sloop 
Winthrop. March 15, 1785. 

Chapter 129. 

RESOLVE FOR ADJOURNING HAMPSHIRE COURT TO THE FIRST Qhap.129 
TUESDAY OF MAT NEXT. * 

Whereas a larger portion of time will necessarily be 
required for hearing and determining the civil and crimi- 
nal causes that are noiv pending, and probably will be 
pending in the Supreme Judicial Court, in the several 
comities of Worcester and Hampshire, at the next terms 
there respectively, than the present arrangement of the said 
Coui'ts will admit: 



392 1784. — January Session. 

It is therefore Resolved, That the Supreme Judicial 
Court, by law to be held at Northampton, for the county 
of Hampshire, on the last Tuesday of April next, be, 
and hereby is, adjourned to the first Tuesday of May next, 
then to be held at the said Northampton, within and for 
the county of Hampshire. 

And it is further Resolved, That the Supreme Judicial 
Court, by law to be held at Plymouth, within and for the 
county of Plymouth, on the third Tuesday of May next, 
be, and hereby is, adjourned to the third Wednesday of 
May next, being the 18th day of the same month, then to 
be held at Plymouth, for the county of Plymouth. 

And it is further Resolved, That the Supreme Judicial 
Court by law to be held at Barnstable, in the county of 
Barnstable, for the counties of Barnstable and Bides 
County, on the Wednesday preceding the third Tuesday 
of May next, be, and hereby is, adjourned to the fourth 
Monday of May next, being the twenty-third day of the 
same month, then to be held at the said Barnstable, for 
the counties of Barnstable and Dukes County, and par- 
ties, witnesses, and all others interested or concerned, 
are to take notice and govern themselves accordingly. 
And the Secretary is directed to furnish the Justices of 
the said Supreme Judicial Court with a copy of these 
resolves, that they may direct the venires for jurymen to 
be issued accordingly. And the Secretary is likewise 
directed seasonably to publish these resolves in one of the 
Boston news papers, and also in the Worcester and 
Springfield news papers, three weeks successively. 

March 15, 1785. 

Chapter 130. 

Chap. 130 RESOLVE ON THE PETITION OF TIMOTHY WHITNEY, IN BEHALF 
.OF THE TOWN OF LOUDON, DIRECTING THE TREASURER TO 
RECEIVE THE SUMS MENTIONED. 

Upon the petition of Timothy Whitney, in behalf of 
the town of Loudon, shelving that John Babb, a Collector 
of public taxes for the said town, hath in his possession 
Fifteen hundred and twenty-nine dollars, and one half 
dollar, of Continental bills of credit, and if appearing 
to this Court that he received said bills to the use of 
this Commonwealth before the tenth day of June, 1781: 
Therefore, 



1784. — January Session. 393 

Resolved, That the Treasurer of this Commonwealth 
be, and he hereby is, authorized and directed to receive 
the aforesaid sum, and discharge the said Babb for the 
amount thereof upon the taxes in the payment of which 
he is now deficient. March 16, 1785. 

Chapter 131. 

RESOLVE DIRECTING THE TREASURER TO BORROW MONEY TO Chci7).131 
PAY THE MEMBERS OF THE GENERAL COURT THE PRESENT 1 " 

SESSION. 

Wliereas it may happen, that at the ensuing adjourn- 
ment of tliis Court, a sum of money sufficient to pay the 
members may not be in the treasury: Therefore, 

Resolved, That the Treasurer be, and he is, hereby 
empowered and directed to borrow a sum of money 
sufficient to pay the members of the General Court for 
their services during the present session ; provided there 
is not a sum adequate to the above purpose now in the 
treasury. 3farch 15, 1785. 

Chapter 132. 

RESOLVE ON THE PETITION OF NATHANIEL DAVENPORT, AU- (Jh av 132 
THORIZING HIM TO SELL THE ESTATE MENTIONED. J ■>■ ' 

Upon the petition of Nathaniel Davenport, guardian to 
Euclit and Thomas Houghton, minors, pr ay 'ing for licence 
to sell the real estates of the said minors: 

Resolved, That the said Nathaniel Davenport be, and 
he hereby is, authorized and empowered to sell and convey 
all the real estate of which the said Euclit and Thomas 
are seized, and make and execute deeds thereof to the 
purchasers, observing in the. sale thereof, all the rules and 
directions which executors and administrators are holden 
to in the sale of real estates, and first giving bond, with 
sufficient sureties, to the Judge of Probate for the county 
of Suffolk, to account with the said minors, when they 
shall arrive at full age, for the proceeds of the said sale, 
with interest therefor. March 16, 1785. 

Chapter 133. 

RESOLVE ON THE PETITION OF THE TOWN OF TTRINGHAM, TO (J/ iai) 133 
RELIEVE THEM OF CERTAIN TAXES MENTIONED. ' ' 

On the petition of the town of Tyringham, praying to be 

relieved of certain taxes. 



394 1784. — January Session. 

Resolved, For reasons set forth in the said petition, that 
the prayer thereof be so far granted, as that there be 
remitted to the said town, the sum of Two hundred and 
twenty pounds, fifteen shillings arid five pence halfpenny, 
which sum, it appears by the Treasurers accounts, stands 
charged against the said town, for taxes deficient from 
the year 1755 to the year 1760; and the Treasurer of 
this Commonwealth is hereby directed to credit the said 
town of Tyringham accordingly. March 16, 1785. 

Chapter 134. 

CkajJ.134: RESOLVE ON THE PETITION OF NATHANIEL APPLETON, ESQ; 
GRANTING HIM A SUM OF MONEY OF THE OLD EMISSION, 
FOR REASONS MENTIONED. 

On the petition of Nathaniel Appleton, Esq; setting 
forth, that Nine thousand nine hundred and forty dollars 
of this Slate's proportion of Continental money, was coun- 
terfeit, and that he paid the deficiency out of his own money, 
anil praying that he may be repaid agreeable to the scale of 
depreciation, dec. 

Resolved, That the prayer of the petition be so far 
granted, as that there be paid out of the public treasury 
of this State to the said Nathaniel Appleton, the afore- 
said sum of Nine thousand nine hundred and forty dollar*, 
in Continental money of the old emission, for reasons set 
forth in the said petition. March 16, 1785. 

Chapter 135. 

Chap.135 RESOLVE ON THE PETITION of THE SELECTMEN OF ASHFIELD, 
1 ' ABATING A FINE SET AGAINST SAID TOWN. 

On the petition of the Selectmen q/'Ashfield, praying for 
abatement if a fine set against said town in the Tax Act 
of March, 1783, for a deficiency if one man to serve In the 
Continental Army for the term of three years, anil it appears 
to this Coin/ that /he said town of Ashfield did actually 
procure /heir fill quota of the said requisition : Therefore, 

Resolved, That the Treasurer be, and he hereby is, 
directed to credit the said town of Ashfield the sum of 
Two hundred and thirteen pounds, two shillings and six 
pence, in lull for the fine and average price of the said 
man, in the T;i\ Act of March, 1783. March 16, 1785. 



1784. — Januaky Session. 395 

Chapter 136. 

RESOLVE ON THE PETITION OF ROBERT HOOPER, ESQ; All- Cluin.VM) 
THORIZING THE COMMITTEE OF SALES OF ABSENTEES 
ESTATES, FOR THE COUNTY OF ESSEX, TO SURRENDER UP 
EVERY PART OF THE LAND, &c. MENTIONED. 

Whereasthis Commonwealth, before their Jus/ices of their 
Court of Common Pleas, holden at Newbury Port, in and 
for the county of Essex, on the last Tuesday of September, 
1782, recovered judgment for their title and possession of 

and in a certain messuage, lands and tenements, situate in 
Marblehead, in the con mty of Essex, and upon which judg- 
ment execution issued, ami possession of all the premises 
recovered as aforesaid was regularly given on the 18/// of 
November following, by the Sheriff of the said count;/, to 
Israel Hutchinson, Use/; in behalf of this Commonwealth; 
anil whereas it appears that the said messuage, la nils ami 

premises, at the time of the making up of the said judgment, 
mere the legal property, ami of right belonged to Robert 
Hooper, Esq; of the said Marblehead, and that he ought 
now to be in quiet possession of the same: Therefore, 
. Resolved, That the said Israel Hutchinson, Esq ; with 
the Committee of Sales of Absentees Estates for the said 
county of Essex, be, and they hereby are, authorized and 
directed forthwith to surrender up to the said Robert 
Hooper, all and every part and parcel of the land, messu- 
age and premises aforesaid, which they hold by virtue of 
the extension of the execution aforesaid, or by any par- 
ticular resolve of the legislature of this Commonwealth ; 
any law or resolve to the contrary, in any wise, notwith- 
standing. March 16, 1785. 

Chapter 137. 

RESOLVE ON THE PETITION OF BEVJAMIX AND ISRAEL FEAR- Qhail.137 
ING, IN BEHALF OF THE TOWN OF WAREHAM, APPOINTING 1 ' 

A COMMITTEE TO REPAIR TO THE SAID TOWN, VIEW Till. 
CIRCUMSTANCES, AND REPORT, &c 

Upem the petition of Benjamin Fearing and Israel Fear- 
ing, in behalf of the town of Wareham, representing the 
inability of the said town to pay the tuxes already assessed 
upon them, and pruyimifor relief: 

Resolved, That Elisha May, Charles Gushing, Esq'rs. 
and Mr. Thomas Clarke, be a Committee to repair to the 



396 1784. — January Session. 

town of Wareham, and take a view thereof, and also to 
make inquiry into the circumstances of the inhabitants, 
and report a state of the same at the next session of the 
General Court ; the said town of Wareham defraying the 
whole expence of the said committee. 

And it is further Resolved, That all executions against 
the said town of Wareham be stayed till a final deter- 
mination of the General Court be had on the report of the 
committee aforesaid. March 16, 1785. 

Chapter 138. 

Chap.138 RESOLVE ON the petition of the selectmen OF SALEM, 

AUTHORIZING MILES WARD TO COLLECT THE TAXES MEN- 
TIONED. 

On the petition of the Selectmen of Salem, praying that 
Miles Ward, tertius, may be authorized to collect the public 
taxes remaining uncollected on the several lax lists, which 
in the year 1783 were committed to one John Andrew, a 
Collector of the same town, who has since absconded: 

Resolved, That the said Miles Ward, tertius, be, and 
he is, hereby authorized and empowered to collect the 
public taxes which remain uncollected on the several tax 
lists aforesaid, as fully to all intents and purposes, as if 
he had been regularly and legally chosen a Collector for 
that purpose, and had received, in due form of law, the 
necessary warrants of collection agreeably thereto, he, the 
said Ward, being first sworn to the faithful discharge of 
the duties assigned him by this resolve. 

March 16, 1785. 



Chapter 139. 

Cfiap.\39 RESOLVE ON THE PETITION OF JOSIAII WATERS, AS AGENT 
FOR THE OWNERS OF THE SHIP GENERAL PUTNAM, LOST 
ON THE EXPEDITION AT PENOBSCOT, GRANTING NINE 
THOUSAND POUNDS, IN MANNER AS OTHER OWNERS OF 
VESSELS WERE PAID. 

On the petition of Josiah Waters, as agent for the 
owners of the ship General Putnam, lost on the expedition 
against the British Post at Penobscot, setting forth, thai 
the said ship teas taken by order of this Government into 
their service, against the consent of the owners thereof; and 
that the said ship was appraised by persons appointed by 



1784. — January Session. 397 

the then Board of War, in which appraisement neither the 
said owners nor their agent had any voice, nor wereconsent- 
ing thereto; and if appearing that the sum at which this 
ship was appraised was not equal to her value, compared 
with the value at which other vessels lost on the same expe- 
illiion were appraised: 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to the said Josiah Waters, 
as agent to the owners of the said ship General Putnam, 
the sum of Nine thousand pounds, lawful money, in the 
same way and manner as the owners of the other vessels 
lost on the said expedition were paid, which sum of Nine 
thousand pounds shall be in full payment for the said ship, 
with her appurtenances and equipments : Provided never- 
theless, That if the Treasurer of this Commonwealth has 
already paid any sum or sums on account of the loss of 
the said ship General Putnam, the same shall be deducted 
from the aforesaid sum of Nine thousand pounds, and the 
balance thereof only be paid. March 17, 1785. 

Chapter 140. 

EESOLVE GRANTING THIRTEEN HUNDRED AND SIXTY-FIVE QhaV 140 
POUNDS, FOR DEFRAYING THE NECESSARY CHARGES OF THE "'' 

COUNTY OF ESSEX. 

On the representation of the Justices of the Court of 
General Sessions of the Peace for the county of Essex : 

Resolved, That there be, and hereby is, granted a tax 
of Thirteen hundred and sixty-five pounds, to be appor- 
tioned 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 the Commonwealth. March 17, 1785. 

Chapter 141. 

RESOLVE REQUESTING THE LIEUT. GOVERNOR TO FORWARD r7>r/r>l41 
TO THE DELEGATES AT CONGRESS, COPIES OF THE REPORT Xj " X(/ l J ' 
OF THE AGENTS WHO REPAIRED TO THE EASTERN PART OF 
THIS STATE, BY A RESOLVE OF JULY; 1784, &c. 

Resolved, That his Honor the Lieut. Governor be, and 
he hereby is, requested to forward to the Delegates of this 
Commonwealth, at Congress, as soon as conveniently may 
be, copies of the report made by the Agents appointed by 



398 1784. — January Session. 

a resolve of the 7th of July, 1784, to repair to the eastern 
part of this State, to inform themselves of encroachments 
made by British subjects ; and also a copy of the letter 
from Rufus Putnam, Esq ; to the Legislature, with 
respect to the eastern boundary of this State, and such 
parts of the official correspondence between the late 
Governor Hancock and Governor Parr, of Nova Scotia, 
touching the same boundary, as may be in the possession 
of the Lieutenant Governor, with such other information 
and evidence concerning the same boundary line, as he 
may be able to procure. 

And be it further Resolved, That the Lieut. Governor 
be requested to inform the said Delegates, that it is the 
expectation of the General Court, that they use their 
utmost endeavours to procure such instructions from 
Congress to their Minister at the Court of London, as 
shall be thought most effectual to prevent any further dis- 
putes concerning the said eastern boundary, and cause 
the encroachments aforesaid to be removed. 

March 17, 1785. 

Chapter 142. 

Chap 142 RES0LVE 0N THE PETITION OF TIMOTHY JACKSON, OF NEW- 
1 ' TOWN, GIVING LIBERTY TO THE ADMINISTRATOR OF HIS 

LATE FATHER'S ESTATE, TO PAY THE PRINCIPAL SUM MEN- 
TIONED. 

On the petition of Timothy Jackson, of Newtown, set- 
ting forth, that previous to the late war, his father was 
indebted to the estate of the late Jane Eustis, a sum of 
money by bond, and, mortgaged his real estate as collateral 
security for payment thereof, and that the money due as 
< foresaid became the property of Sampson Salter Blowers, 
Esq; an absentee, end that the said bond, during the said 
war, teas cat- vied out of this Commonwealth, so that the 
same could not be come at to be discharged ; that since the 
establishment of peace, an action of ejectment has been 
brought against the said Timothy for the possession of the 
premises mortgaged as aforesaid, and judgment hath been 
rendered for the same, and the said Timothy is likely to 
be dispossessed of the said estate, unless the prineijxd sum 
mentioned in llie condition of the said deal is paid, with 
interest in full, contrary to a resolve of I Iris Common- 
wealth, passed the last session of the Central Court, post- 



1784. — January Session. 390 

porting the payment of the interest due on absentees debts, 
in certain cases, until the sense of Congress could be had 
thereon : Be it therefore 

Resolved, That the said administrator (311 the said estate 
of the said Jackson shall he, and hereby he is at liberty to 
pay the principal sura due on the said bond, with the 
interest thereon, up to the 19th day of April, 1775, with 
such costs and charges of Court as shall or may arise in 
consequence of the said action brought as aforesaid, and 
the same shall operate in bar of the said action, as fully 
as it' the whole of the principal and interest due thereon, 
was paid to the making up the said judgment: Provided 
always, and this resolve shall not be construed to prevent 
the future payment of the said interest due since the said 
19th day of April, 1775, provided the interest due on the 
debts of absentees shall be finally adjudged by Congress 
or this Commonwealth as justly due to the said absentees. 

Be it further Resolved, That all sums of money paid on 
the said bond since the said 19th day of April, 1775, 
shall be considered as paid towards the principal and 
interest, due previous to the said 19th day of April, 
1775, and not afterwards, any law or custom to the con- 
trary notwithstanding. March 17, 1785. 

Chapter 143. 

RESOLVE ON THE PETITION OF JOHN JENKS, TO SERVE SAM- Hl mrt IJ^ 
VEL MILLER AND CALEB BILL, AS MENTIONED, WITH A ^ nu l J ' x ^° 
COPY OF THE PETITION AND ORDER THEREON, AND STAY- 
ING EXECUTION. 

On the petition of John Jenks, praying for a /rial and 
hearing at the next Court of Common Pleas, to be holden 
in ami for the county of Berkshire, in an action or plea of 
trespass on the case commenced against him by Samuel 
.Miller and Caleb Hill, al a Court of Common /'Iras, held 
in said county on lla- second Tuesday of May, A. D. 1784 ; 

and that further proceedings in I lie said action he Stayed in 
llic mean time, for reasons set forth in the said pet it ion . 

Resolved, That the said John serve the said Samuel and 
Caleb, or their attorney, with an attested copy of his 
petition and this order thereon, fifteen days before the 
second Wednesday of the next session of the General 
Court, that they may then appear and shew cause (if any 
they have) on the said day, why the prayer of the said 



400 1784. — January Session. 

petition should not be granted. And it is hereby resolved, 
that execution, or any further proceedings on the said 
action, be stayed in the mean time. March 17, 1785. 

Chapter 144. 

ChaV 144 RES0LVE ENTITLING JOHN FRANCIS, CAPT. OF THE 11th MASSA- 
■L ' CHUSETTS REGIMENT, TO ONE EIGHTH PART OF PAY. 

On the representation of John Lucas, Esq; Commissary 
of Pensioners, in behalf of John Francis, Capt. of the 
eleventh Massachusetts regiment, who lost one finger and 
the use of another finger by a shot, while in the service of 
the United States: 

Resolved, That the said John Francis be entitled to 
receive one eighth part of pay as a Captain, from the nine- 
teenth day of March, one thousand seven hundred and 
eighty, till the further order of the General Court or 
Congress . March 17, 1 785. 



Chap.14,5 



Chapter 145. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF LEICES- 
TER, DIRECTING THE TREASURER TO RECALL THE EXECU- 
TION ISSUED ON ACCOUNT OF THE DEFICIENCY OF THREE 
CONSTABLES MENTIONED. 

On the petition of the Selectmen of Leicester, in behalf 
of the said town, praying to be relieved from an execution 
issued a gainst them by Thomas Ivers, Treasurer of the said 
Commonwealth, for reasons set forth in the said petition : 

Resolved, That the Treasurer be, and he hereby is, 
directed to recall his said execution against the said town, 
and discharge them from the sum for which the said exe- 
cution was issued, on account of the deficiencies of three 
delinquent Constables, viz. Benjamin Richardson, James 
Jackson, and John Growl, the said sum being Twelve 
pounds, eight shillings and seven pence; it appearing to 
this Court that the sums aforesaid have heretofore been 
paid into the treasury. March 17, 1785. 

Chapter 146. 

Qhap 146 RES0LVE 0N THE PETITION OF JAMES SWAN, ESQ; DIRECTING 
1 ' THE COMMITTEE UPON THE SUBJECT OF UNAPPROPRIATED 

LANDS IN THE COUNTY OF LINCOLN, TO SELL HIM LAND, AS 
MENTIONED. 

Whereas it appears to the General Court that James 
Swan, Esq; is in possession of several certificates or due 



1784. — January Session. 401 

bills from tht Treasurer of this ( 'ommonwecdth, payable in 
gold or silver, from the proceeds of the outstanding taxes, 
which he is desirous may be received from him in payment 
for hinds : Therefore 

Resolved, That the Committee appointed the 28th of 
October, 1783, upon the subject of unappropriated lands 
in the county of Lincoln, be, and they hereby are, author- 
ized to sell lands to the said James, at the value thereof 
in gold or silver, to the amount of such certificates and 
due bills, and receive the same certificates or due bills in 
payment therefor, he giving a receipt thereon, and the 
same to deliver to the Treasurer of this Commonwealth. 

March 17, 1785. 

Chapter 147. 

RESOLVE ON THE PETITION OF THE HON. JAMES RUSSELL, CJlCip.1^7 
ESQ; EMPOWERING HIM TO PERFORM ALL THINGS AS EXEC- 1 '' 

UTOR TO THE WILL OF CHAMBERS RUSSELL, ESQ; 
DECEASED, &c. 

On the petition of the Hon. James Russell, Esq; repre- 
senting that Jonathan Sewall, Esq; joint executor wit Ji him 
of the will of the late Chambers Russell, Esq; is absent 
from this country, and that there is no probability of the 
said Sewall's return ; 

Resolved, That James Russell, Esq ; one of the execu- 
tors of the last will and testament of Chambers Russell, 
Esq ; late deceased, be, and he is, hereby empowered to 
do and perform all things as an executor to the aforesaid 
will, in as full and ample a manner as he, the said Russell, 
and the said Sewall, might have done in conjunction as 
executors to the said will ; any thing in the law to the 
contrary notwithstanding. March 17, 1785. 

Chapter 148. 

RESOLVE EXTENDING LICENCES TO GEORGE SPOOXER, AND QJ ian \^Q 
OTHERS, TO THE NEXT SESSION OF THE GENERAL COURT. "* 

Whereas the Governor, with the advice of Council, hath 
granted licence to George Spooner, John Amory, Thomas 
Oxnard, Nathaniel Chandler, Thomas Brattle, David 
Green and Isaac Winslow, to reside within /his Common- 
wealth : 

Resolved, That the licences aforesaid, be, and hereby 
are approved, and shall be continued in full force till the 



402 1784. — January Session. 

second Tuesday of the next sitting of the General Court : 
Provided, The Governor, with the advice of Council, 
shall judge the continuance of the persons licenced as 
aforesaid not [incompatible with the safety of the Com- 
monwealth. March 17, 1785. 



Chapter 149. 

Chai) 149 RES0LVE ^ON THE PETITION OF JOHN WILEY AND OTHERS, IN 
•* ' BEHALF OF THE TOWN OF DALTON, DIRECTING THE TREAS- 

URER TO CREDIT THE SAID TOWN THE TAXES PRIOR TO 
JANUARY 1, 1782. 

On the petition of John Wiley and others, in behalf of 
the town of Dalton, representing that the public taxes are 
greatly accumulated on the inhabitants of the said town 
beyond their abilities to pay; and the representation 
appearing to this Court to be well grounded: 

Resolved, That the Treasurer be, and he hereby is, 
directed to credit the town of Dalton all their taxes prior 
to the first day of January, 1782. March 17, 1785. 



Chapter 150. 

Ch(lJ).150 RESOLVE ON THE PETITION OF JOSEPH ASHLEY AND MARY 
1 ' LEONARD, ADMINISTRATORS ON THE ESTATE OF COL. 

DAVID LEONARD, DECEASED, TO NOTIFY THE CREDITORS 
TO SHEW CAUSE, AND STAYING EXECUTION. 

On the petition of Joseph Ashley and Mary Leonard, 
administrators on the estate of Col. David Leonard, 
deceased, praying that a longer time may be allowed the 
creditors of the said estate to bring in their claims, or to 
confirm the second apportionment made by the Judge of 
Probate for settling the said estate, for reasons set forth in 
the said petition : 

Resolved, That the petitioners notify the creditors of 
the said estate to shew cause, if any they have, on the 
second Thursday of the next sitting of the General Court, 
why the prayer of the said petition should not be granted, 
by publishing a copy of this resolve in the Springfield 
news papers, three weeks before the said second Thurs- 
day, and that all suits against the petitioners in the said 
capacity, in the mean time, be stayed. 

March 17, 1785. 



1784. — January Session. 403 

Chapter 151. 



THE PETITION OF HEZEKIAH SMITH, DIRECTING CJinj) 151 
ITTEE FOR THE SALE OF ABSENTEES ESTATES IN I ' 



RESOLVE ON 
THE CO MM II 

THE COUNTY OF ESSEX; AND DIRECTING THE TREASURER 
TO OMIT CALLING ON SAID SMITH FOR PAYMENT OF HIS 
NOTE MENTIONED. 

Whereas it appears thai the Rev. Hezekiah Smith, of 
Haverhill, has served the Commonwealth as a Chaplain in 
the Continental Army faithfully, and in other respects 
exerted /tin/self' in the cause of his country in the late war, 
and has represented to the legislature that he has purchased 
<>f the Committee for the sale of absentees estates in the count;/ 
of Essex, a small piece of land, and building thereon, 
and giving his promissory note therefor, in the sum of 
Eighty-nine pounds, which he cannot without great diffi- 
cult;/ discharge at this lime ; which representation appearing 
to be true: 

Resolved, That the said Committee for the sale of 
absentees estates lodge the said note with the Treasurer, 
and thereupon be discharged to the amount thereof, and 
that the Treasurer be, and he is, hereby directed to sus- 
pend calling on the said Hezekiah for the payment of his 
said note, for and during the term of one year from the 
time of passing this resolve. March 17, 1785. 

Chapter 152. 

RESOLVE ON THE PETITION OF EBENEZER COOK AND OTHERS, ChcW.152 
CORDWAINERS, IN BERKSHIRE COUNTY, SUBJECTING NO 1 ' 

PERSON WITHIN THIS COMMONWEALTH TO PROSECUTION 
FOR THE BREACH OF ANY LAW PROHIBITING THE SAME 
PERSON FROM CARRYING ON MORE THAN ONE BRANCH OF 
BUSINESS IN LEATHER MANUFACTORY. 

On the petition of Ebeuezer Cook and others, cordwain- 
ers, in the con nli/ of Berkshire, setting forth, that during 
the troubles of war, and the unsettled slate of things conse- 
quent I hereon, the;/ were under a necessity to (an and curry 
their own leather: And whereas there is reason to appre- 
hend that the same causes have operated to the practice 
aforesaid in man;/ other parts of the Commonwealth.: It is 
therefore 

Resolved, That no person whatever within this Com- 
monwealth shall be subject to any prosecution, fine or 
penalty, on account of the breach of any law prohibiting 



404 1784. — January Session. 

the same person from carrying on more than one branch 
of the business of the leather manufactory, at any time or 
times between the nineteenth day of April A.D. 1775, 
and the nineteenth day of April, 1785. 

March 17, 1785. 

Chapter 153. 

Chav 153 RES0LVE 0N THE petition OF JEREMIAH cady, empower- 

1 "' ING THE SHERIFF OF THE COUNTY OF BERKSHIRE, TO 

RELEASE HIM FROM HIS CONFINEMENT, ON PAYING THE 
EXCISE MENTIONED. 

On the petition of Jeremiah Cady, praying that he may 
be released from his confinement in Great Barrington goal, 
for reasons set forth in the said petition : 

Resolved, That the prayer of the said petition be so far 
granted, that on the petitioner's making payment of the 
excise due to the Collector of Excise of the county of Berk- 
shire, and the cost that hath arisen on the suit brought 
against the said Cady for not accounting for the excise on 
the liquors by him disposed of, according to law, the 
Sheriff' of the county of Berkshire is hereby empowered 
and directed to release the said Jeremiah Cady from his 
confinement in goal on that account ; any law or resolve 
to the contrary notwithstanding. March 17, 1785. 

Chapter 154. 

Chan 154 RES0LVE 0N THE petition of Patrick neef, directing 
■P' the treasurer to give two consolidated notes, he 

GIVING SECURITY TO REFUND IN CASE, &c. 

On the petition of Patrick Neef, praying that the Treas- 
urer of this Commonwealth may be directed to give him two 
consolidated notes, for reasons mentioned in the said peti- 
tion : 

liesolved, That the prayer of the said petition be 
granted, and that the Treasurer of this Commonwealth 
be, and he hereby is, directed to give to the said Patrick 
Neef 'two notes, one bearing date the first day of January, 
1782, for the sum of Thirty-nine pounds, eleven shillings, 
with nine months interest paid, endorsed on the said note ; 
also one bearing date the first day of November, 1782, for 
the sum of Five pounds, //ft \een shillings and sixpence, in 
place of certain notes of the like tenor and date consumed 



1784. — January Session. 405 

by fire; Provided, That the said Patrick JSTeef do give 
security to the Treasurer to refund the value of the notes 
he shall give as before directed, in case the notes said to 
be destroyed shall hereafter be offered at the treasury for 
payment. March 11 ' , 1785. 



Chapter 155. 



F THE TOWN OF BATH, CJlCtp.155 
RED IT SAID TOWN A * 



RESOLVE ON THE REPRESENTATION OF 
DIRECTING THE TREASURER TO CR] 
CERTAIN SUM MENTIONED, AND DIRECTING THE COLLECT- 
ORS OF SAID TOWN TO PAY SAID SUM INTO THEIR TOWN 
TREASURY. 

On the representation of the town of Bath, setting forth, 
that they were not credited for the average price of one man 
whiqh they procured to serve for three years in the Conti- 
nental Army: 

Resolved, That the Treasurer be, and he is, hereby 
directed to credit the said town of Bath, for the sum of 
Eighty-five pounds and thirteen shillings, it being the 
average price of the men who served for three years in 
the Continental Army, agreeable to a resolve of Decem- 
ber 2d, 1780. 

And it is further resolved, That the Collector or Collect- 
ors of the said town of Bath be, and they are, hereby 
directed to pay the aforesaid sum of Eighty-five pounds, 
thirteen shillings into their town treasury. 

March 17, 1785. 

Chapter 156. 

RESOLVE ALLOWING PAY TO THE MEMBERS OF THE GENERAL Ch(ip.l56 
COURT AND HON. COUNCIL. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to each member of the 
Honorable Council of the said Commonwealth, the sum 
of Eight shillings for each day that they have respectively 
attended, or may attend, in Council, from the nineteenth 
day of January last, until the eighteenth day of March 
current inclusive ; — to each member of the Senate the 
sum of Seven shillings and six pence, for each day thai 
they have respectively attended in Senate the present ses- 
sion of the General Court; and to each member of the 
Hon. House of Representatives, the sum of Seven shillings, 
for each day that they have respectively attended in the 



406 1784. — January Session. 

House of Representatives in the same session of the said 
Court ; and that their travel respectively be paid in a 
proportion conformable to the usage and custom of the 
said Court. March 18, 1785. 

Chapter 157. 

Chan 157 re solve ON the petition of the town of bowdoinham, 

1 ' DIRECTING THE TREASURER TO CREDIT SAID TOWN WITH 

THE SUM MENTIONED. 

On the petition of the town of Bowdoinham, setting 
forth, that they were set too high in the last valuation, by 
reason of a large quantity of wild land, together ivith a 
number of inhabitants unable to pay taxes being annexed 
to them, ivhereby they became burthened with an undue 
proportion of taxes: 

Resolved, That the Treasurer of this Commonwealth 
be, and he is, hereby directed to credit the said town of 
Boivdoinham with the sums hereafter named, viz. : In Tax 
No. 2, Twenty-five pounds ; Tax No. 3, Sixty-seven pounds, 
seven shillings and six pence; in Tax No. 4, Seventeen 
pounds, ten shillings. 

And it is further Resolved, That the Collector or Col- 
lectors of the said town of Bowdoinham, be, and they are, 
hereby directed to pay the aforesaid sums with which the 
same town is credited as abovesaid, into their town treas- 
ury ; any act or warrant to the contrary notwithstanding. 

March IS, 1785. 

Chapter 158. 

Chaj) 158 RES0L VE ON THE PETITION OF ENOCH bartlett, and OTHERS 
1 ' CONFIRMING A GRANT OF FIVE TOWNSHIPS, LYING BETWEEN 

PENOBSCOT RIVER AND UNION RIVER, ON CERTAIN CON- 
DITIONS. 

The Committee on the subject of unappropriated lands 
in the county of Lincoln, take leave to report on the peti- 
tion of Enoch Bartlett and others, praying fcr the con- 
firmation of the grant of six townships lying between 
J'enobscot River and Union River, which was condition- 
ally made to David Marsh and others, on the second 
day of March, 1762 : That in their opinion it will be 
expedient to confirm to the said Marsh and others, five 
of the said townships, viz. : No. 1, 2. 4. 5 and 6, on the 
following conditions, viz.; 



1784. — January Session. 407 

That the proprietors of the said townships pay to gov- 
ernment for each of them, the sum of One thousand 
pounds, in the consolidated notes of this Commonwealth, 
within one year from this time, with interest. 

That tin 1 proprietors, within six years from this time, 
compleat in each township the settlement of sixty good 
Protestant families, and building of sixty houses, none to 
ho less than eighteen feet square, and seven feet stud, and 
clear and cultivate five acres of land on each share fit for 
mowing or tillage. 

That in each township they build a suitable meeting 
house for the Public Worship of God, and settle a learned 
Protestant minister, and make provision for his comfort- 
able and honorable support ; and that in each township 
there be reserved and appropriated, four whole rights or 
sixty-four parts, for quantity and quality, in the division 
of the same, for the following purposes — One for the 
first settled minister, his heirs and assigns forever ; one 
for the use of the ministry ; one to and for the future 
appropriation of government ; and one for the use of a 
school, forever. 

That one half of a proprietor's share already lotted for 
quantity and quality, (which share contains about one 
hundred acres) or where a settlement is made on unlotted 
lands, then such quantity of the said unlotted lands as 
shall be equivalent thereto, shall be assigned to the set- 
tler who settled thereon before the twentieth day of Jan- 
uary, 1783, his heirs or assigns, in consideration of his 
performing the duties of a settler ; provided, he has per- 
formed, or shall contract to perform within six years, the 
duties of a settler as prescribed in this grant ; each settler 
to have his choice of either half of the lotted share, the 
same having been first divided, as was practised in the 
first settlement of the said township. 

That where a settler has made improvements out of the 
limits of the said half share so chosen, he shall have lib- 
erty to purchase the lands so improved at a reasonable 
price, estimating the same in a state of nature, or to 
receive of the proprietor of the said share, a reasonable 
allowance for Buch extra improvements, at the settler's 
election. 

And in case of any disagreement about the said price 
or allowance, or any other matter relating to a settlement . 
that the same be decided by disinterested men, one of 



408 1784. — January Session. 

whom shall be chosen by the proprietor, one by the set- 
tler, (and in case they cannot agree) the third by the 
two chosen as aforesaid. 

That each settler shall have liberty at any time within 
twelve months from this date to purchase of the said pro- 
prietors, fifty acres, for quantity and quality, of the 
unlotted lands in the township where he is settled, at a 
price not exceeding Three shillings per acre. 

Provided nevertheless, That where any agreement has 
been made between a proprietor or proprietors, and a 
settler or settlers, as to terms of settlement, such agree- 
ment shall not be violated. 

The Committee have omitted to report respecting the 
township No. 3, (commonly called Major Bagaduce) by 
reason that on account of its peculiar circumstances, it is, 
in their opinion, impossible to propose any general prin- 
ciples which will apply in common to that and the other 
townships, though it may be reasonable to grant them 
some part of that township, or to make them compensa- 
tion in some other way. 

Samuel Phillips, jun. 

Nathaniel Wells, \ Committee. 

Nathan Dane, 

Boston, March 15, 1785. 



K 



Read and accepted, and thereupon Resolved, That the 
grant of the five townships aforesaid be confirmed to the 
said Marsh and others, on the conditions in the said 
report. March 17, 1785. 



Chapter 159. 

Chap.159 resolve directing the treasurer to state his ac- 

1 ' COUNTS TO THE FIRST OF JUNE NEXT, TO BE LAID BEFORE 

THE GENERAL COURT THE SECOND WEEK OF THE NEXT 
SESSION, &c. AND DIRECTING THE COMMITTEE FOR METH- 
ODIZING ACCOUNTS TO EXAMINE THE SAID TREASURER'S 
ACCOUNTS. 

Resolved, That the Treasurer of this Commonwealth, be, 
and he hereby is, directed to state his accounts to the first 
of June next, in order that the same may be laid before 
the General Court in the second week of the next sitting 
thereof, and that the accounts already exhibited by him 
and not passed upon, be returned to him. And 



1784. — January Session. 409 

It is further resolved, That the Committee for stating 
and methodizing of accounts, be, and they are, hereby 
directed to examine the said Treasurer's accounts, form 
the balance, and make report in the said second week of 
the Court's sitting, with the Treasurer's accounts stated, 
as before directed. March 17, 1785. 

Chapter 160. 

RESOLVE GRANTING FORTY POUNDS TO BENJAMIN LINCOLN ChapAtiO 
AND HENRY KNOX, ESQUIRES, LATE COMMISSIONERS OF L ' 

THIS STATE TO ASCERTAIN THE BRITISH ENCROACHMENTS 
AT THE EASTWARD; AND DIRECTING THE COMMISSARY 
GENERAL TO PAY THE HIRE OF THE SLOOP MENTIONED. 

Resolved, That there be allowed and paid out of the 
public treasury of this Commonwealth, to Benjamin Lin- 
coln and Henry Knox, Esquires, late Commissioners on 
the part of this State to ascertain the British encroach- 
ments at the eastward, and to treat with the Penobscot 
Indians, the sum of Forty pounds each, in full for their 
services and expenditures in performing the business of 
their commission : And that the Commissary General of 
this Commonwealth be, and he hereby is, directed to pay the 
hire of the sloop employed by the said Commissioners in 
the business aforesaid. March 17, 1785. 

Chapter 161. 

RESOLVE ON THE PETITION OF CHRISTOPHER GORE, ATTOR- (JJ ia ,) 101 
NEY TO ALEXANDER CHAMPION, SURVIVING PARTNER OF *■ ' 

THE LATE COMPANY OF CHAMPION AND HAYLEY, EMPOW- 
ERING SARAH GRAY TO CONVEY THE REAL ESTATE MEN- 
TIONED. 

On the petition of Christopher Gore, attorney to Alex- 
ander Champion, surviving partner of the late company of 
Champion and Hayley, of the city of London, and King- 
dom of Great Britain, 'praying that Sarah Gray, widow of 
Ellis Gray, late of Boston, deceased, who was sole acting 
executor of the last will and testa men/ of Thomas Gray, 
late of the same Boston, deceased, may be authorized and 
empowered to convey certain real estate, (in the said petition 
described) to the said Champion, as surviving partner 
aforesaid, the sa,ne having originally been conveyed by 
John Pigeon and Jane Pigeon to the said Thomas, for the 
use of the said Champion and I lay ley ; of which petition 



410 1784. — January Session. 

the heirs and legatees of the said Thomas Gray, together 
with Mary Hayley, have had due notice to appear and, 
shew cause, if any they had, on the second Wednesday of 
the present sitting of the General Court, why the prayer 
thereof should not be granted; which time hath elapsed, 
and no st/ch cause by either of them being offered : 

Therefore, Resolved, That the said Sarah Gray, an 
executrix of the last will and testament of the said Ellis 
Gray, executor as aforesaid, be, and she hereby is, in her 
said capacity, authorized and empowered to convey all 
the real estate, described in the said petition, to such per- 
son or persons, being a citizen of this or either of the 
United States, as Mary Hayley shall direct ; the same to 
enure to the use of the said Champion and the legal rep- 
resentatives of the said Hayley, deceased. 

March 17, 1785. 

Chapter 162. 

Chan 162 RES0LVE 0N THE petition of the proprietors of the 

1 ' TOWN OF TOWN SEND, GRANTING THEM THE LANDS MEN- 

TIONED, ON CONDITION. 

Whereas it appears to this Court, that in the year 1719, 
there was granted unto the proprietors of the town of Town- 
send, a lot of land, not exceeding six miles square; and 
that by running the New Hampshire line, ten thousand two 
hundred and twelve acres were lost, apart only of which has 
been compensated, to wit, to the late Col. Lawrence, John 
Farrow and Joshua Wyman, for their proportion of the 
said lost lands, and that the other proprietors have not been 
compensated for their lands lost as aforesaid: 

Resolved, That the proprietors of the said township of 
Townsend, and other persons interested therein, who have 
not heretofore received compensation for their said lost 
lands, shall have, and there is hereby granted unto the 
said proprietors and persons interested as aforesaid, (part 
thereof in compensation of their said lost lands) one of 
the seven townships, A. D. 1784, surveyed and located 
by Rufus Putnam, Esq ; between the rivers Sclioodic and 
Cobscook, to wit, the township marked No. III. on his 
plan of the said townships, containing twenty thousand 
seven hundred and thirty-four acres ; reserving, however, 
two hundred acres of good land, near the center of the 
said township, for the future disposition of Government; 
they, the said proprietors and persons interested as afore- 



1784. — January Session. 411 

said, appropriating, near the center of the said township, 
two hundred acres to the use of the ministry; two hun- 
dred acres to the use of the first settled minister ; and two 
hundred and eighty acres for the use of a grammar school ; 
and paying into the treasury of this Commonwealth, in 
twelve months from this date, the sum of Evjht hundred 
and seventy pounds, in the consolidated securities of this 
Commonwealth, and settling in the same township, in 
four years from the date of this resolve, twenty families ; 
each whereof shall build a framed house, and clear six 
acres of land in five years from this date. 

Provided nevertheless, If any of the original proprie-" 
tors of the aforesaid tract which was taken from Town- 
send by running the said line, and who have not received 
compensation therefor, shall not, within one year from 
the date hereof, transmit to the Secretary's office evidence 
of his being the proprietor, or the heir or assign of such 
proprietor, then the share which might belong to such 
proprietor, heir or assign, shall revert to, and become the 
property of the Commonwealth ; and all reasonable 
expences for lotting the said township, which might be 
reasonably charged on the share of such proprietor, lien- 
or assign, shall be paid out of the public treasury : And 
also provided, that so much of the aforesaid sum of Eight 
hundred and seventy pounds in consolidated notes shall 
be returned to the said proprietors, as shall be a just pro- 
portion of those proprietors shares as may revert to Gov- 
ernment as aforesaid — on condition, however, that this 
grant shall not operate until the said proprietors shall 
execute a release to this Commonwealth of the lands lying- 
in the westerly part of this State granted to them by a 
resolve of the General Court of the 25th day of April, 
A. D. 1771, and of all other lands which may have been 
heretofore granted to the said proprietors in compensa- 
tion for their aforesaid loss. 

And be it further Resolved, That the Committee 
appointed by a resolve of the twenty-eighth of October, 
A. D. 1783, on the subject of unappropriated lands in the 
county of Lincoln, on the said proprietors and persons 
interested as aforesaid giving security for the payment <>l 
the sum aforesaid, give a £ood deed of conveyance ol the 
said township to the proprietors and persons interested 
aforesaid, containing a fair description of the boundaries 
thereof. March 17,11 '85. 



412 1784. — January Session. 



Chapter 163. 

Chap.163 RESOLVE FOR repealing a resolve passed on the peti- 
tion OF GEORGE WILLIAMS, ESQ; AND OTHERS, DIRECTING 
THE TREASURER TO ISSUE A NOTE PAYABLE TO SAID WIL- 
LIAMS, FOR THE SHIP BLACK PRINCE, LOST AT PENOBSCOT. 

Whereas by a resolve of the General Court of this Com- 
monweallh, of the second day of March instant, a certain 
mode was adopted for settling with George Williams, Esq; 
as agent of the ship Black Prince, for the amount of the 
sums due to the owners of the same ship, for the loss 
thereof in the expedition against Penobscot, in the year 
1779, which mode of settlement, upon mature consideration, 
appears to be very unequal as applied to the other creditors 
of government : 

Therefore Resolved, That the abovementioned reso- 
lution of the second of March inst., be, and it is, hereby 
repealed and made null and void to all intents and pur- 
poses ; and the Treasurer of this Commonwealth is 
directed to govern himself accordingly. 

March 17, 1785. 

Chapter 164. 

Chap.164: RESOLVE REFERRING TO THE GOVERNOR AND COUNCIL THE 
ERECTION OF A MONUMENT TO THE MEMORY OF MAJOR- 
GENERAL WARREN, AND THE DOINGS OF CONGRESS RELA- 
TIVE THERETO. 

The Committee of both Houses, to whom was referred the 
Governor's message of the 25th of January, respecting the 
erection of a monument to the memory of Major General 
Warren, and the doings of Congress relative thereto, beg 
leave to report, that Congress, on the eighth day of April, 
1777, 

Resolved, That a monument should be erected to the 
memory of that illustrious hero, with an inscription which 
follows the resolve ; and on the 12th of the same month 
Resolved, That Five hundred dollars should be allowed for 
that purpose ; and at the same time recommended to the 
then executive powers of the Massachusetts Hay to carry 
their resolutions into execution : Your committee are 
therefore of opinion, that the present executive power of 
this Commonwealth is fully adequate to, and sufficiently 
authorized to compleat the virtuous designs of Congress 



1784. — January Session. 413 

expressed in the aforementioned resolves ; and that the 
papers be referred back to the Governor and Council 
accordingly. March 17, 1785. 



Chapter 165. 

RESOLVE REQUIRING DELINQUENT TOWNS TO EXHIBIT DUPLI- Ck(ip.l65 
CATE RECEIPTS OF BEEF, ON OR BEFORE THE FIRST DAY 
OF JULY, 1785; AND DIRECTING OLIVER PHELPS, ESQ; TO 
RETURN THE BEEF RECEIPTS OF AGENTS INTO SECRETARY'S 
OFFICE. 

Whereas the Secretary of this Commonwealth was 
directed by a resolve of this Court, passed the 12th day of 
November, 1784, to make a list of the receipts of the agents 
for the several counties who acted under Oliver Phelps, 
Esq; and deliver the same to the said Phelps, taking his 
receipt therefor, in order to enable him to compleat a settle- 
ment with the said agents; and it is necessary the said 
receipts should be again lodged in the said office, in order 
that the receipts ivhich may hereafter be returned by delin- 
quent towns may be duly examined: Therefore 

Resolved, That Oliver Phelps, Esq ; be, and he is, here- 
by directed to return the said agents receipts into the 
Secretary's office, as soon as may be after he shall have 
compleated the settlements with said agents. 

And whereas great inco?iveniencies result to this Com- 
monwealth by the neglect of towns to exhibit duplicate receipts 
for beef, procured by them on the several requisitions of the 
General Court, by retarding the settlement of the several 
agents : Therefore 

Resolved, That all such delinquent towns as shall 
neglect to exhibit their duplicate receipts to the Secretary 
on or before the first day of July next, be, and are, 
hereby precluded from any advantages which might 
accrue to such town by their exhibiting such receipts. 

March 17, 1785. 

Chapter 166. 

GRANT TO WILLIAM BAKER, OF SEVENTY POUNDS FOR SER- (7/i«/>.lGG 
VICES AS MESSENGER TO THE GENERAL COURT. 

On the petition of 'William Baker, messenger to the Gen- 
eral Court, praying allowance for six months service, ending 
the sixth day of May next: 



414 1784. — January Session. 

Resolved, That there be allowed and paid out of the 

public treasury of this Commonwealth unto the said 

William /inker, the sum of Seventy pounds, in full for 

his services as messenger to the General Court, for six 

months, ending the sixth day of May next. 

March 17, 1785. 

Chapter 167. 

Chan 167 resolve granting captain john read eighteen pounds 

■*■ ' FOR A WHALE BOAT. 

Wliereas it appears to this Court by a certificate from 
William Lithgow, Esq; that Capt John Re&d furnished a 
whale boat and appurtenances for the use of the troops under 
the command of Col. James Hunter, in the year 1782 : 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth to Capt. John Read, the 
sum of Eighteen pounds, in full for the said whale boat, 
and her appurtenances, and that the same be charged to 
the United States, agreeable to a resolve of the General 
Court, passed March 7, 1782. March 17, 1785. 



Chapter 168. 

Chan 168 RES0LVE 0N THE report of william lithgow, jun., em- 

' ' POWERING SAID WILLIAM AND OTHERS, AS MENTIONED, 

TO TREAT WITH THE PENOBSCOT TRIBE OF INDIANS, 
RESPECTING THEIR CL ATMS TO LANDS ON PENOBSCOT RIVER. 

On the report of William Lithgow, jun., Esq; pursuant 
to the direction of the Legislature, stating the claims of the 
Indians to lands on Penobscot River : 

Resolved, That William Lithgow, jun., Thomas Rice 
and Rufus Putnam, Esq'rs., be, and hereby are, authorized 
and empowered to treat with the Penobscot Tribe of 
Indians respecting their claims to lands on the River 
Penobscot ; to make full enquiry into the nature and 
extent of their said claims, and by an amicable treaty to 
adjust and ascertain the same, so far as may be practica- 
ble, and in behalf of this Commonwealth, by the use of 
all fair, open and honorable methods, to endeavour to 
obtain from the said Indians an acquittal and relinquish- 
ment of their possessions, and a release of all their claims 
and pretentions of title to the said lands; and in case the 



1784. — January Session. 415 

same cannot be obtained, to agree upon and limit the boun- 
daries of their said claims and possessions on terms mutually 
advantageous and satisfactory to the parties, and to per- 
form the same as soon as possible, and report their doings 
thereon to the General Court for continuation. 

March 18, 1785. 



Chapter 1G9. 

RESOLVE ON THE PETITION OF STEPHEN CROSS, EXPLAINING Chaj).169 
A RESOLVE PASSED THE 21st FEBRUARY LAST, PERMITTING "" 

HIM TO SWEEP PENOBSCOT RIVER. 

On the petition of Stephen Cross, praying for a revision 
or explanation of a resolve permitting him to siceep the 
River Penobscot, passed the General Court the 11th 
instant : 

Resolved, That the following words which conclude the 
said resolve, viz. : Or as shall hereafter otherwise be 
ordered, be, and they are, hereby repealed. 

March 18, 1785. 



Chapter 170. 

RESOLVE RESPECTING MONEY DUE TO THE ESTATES OF QhttV 170 
DECEASED OFFICERS AND SOLDIERS. "* 

Whereas there is reason to apprehend, that great impo- 
sitions have been practiced upon the heirs of deceased 
officers and soldiers ivho belonged to the army of the 
United States: 

Resolved, That the Treasurer of the Commonwealth be, 
and he is, hereby directed not to deliver any notes, or pay 
any money that is due to the estate of any officer or sol- 
dier who has belonged to the Continental Army, unless an 
order for the same from the heirs, executor or adminis- 
trator of the said deceased, shall be presented by a mem- 
ber of the Council or Senate belomrinir to the same 
county, or by a Representative of the same town to which 
the said heirs, executor or administrator respectively 
belong; or in case there shall be no Representative 
from such town, then by a Representative of any town 
adjacent. March 18, 1TS~>. 



416 1784. — January Session. 



Chapter 171. 

Ch an. 171 resolve on the petition of john goddard, in behalf 

' ' OF THE TOWN OF BROOKL1NE, EMPOWERING THE ASSES- 

SORS TO MAKE OUT A WARRANT TO EBENEZER DAVIS, TO 
COLLECT THE RATES DUE IN 1781. 

On the petition of John Goddard, in behalf of the town 
of Brookline, praying that the present Assessors of the 
town of Brookline may be empowered to make out warrants 
to Ebenezer Davis, Collector of taxes for the town of Brook- 
line, for the year 1781 : 

For reasons set forth in the said petition, 
Resolved, That the prayer of the said petition be granted, 
and the present Assessors of the town of Brookline, or the 
Assessors that shall be chosen at the next annual meeting 
legally holden at the said Brookline, as the case may 
require, the said Assessors be, and hereby are, empowered 
and directed to make out a warrant to the said Ebenezer 
Davis, requiring him to collect the rates that are due on 
the bill committed to him to collect in the year 1781, in 
hard money, according to the value thereof, established 
by the scale of depreciation, and pay the money into the 
treasury of the town of Brookline, within six months 
from the date of the warrant granted to the said Collector ; 
any act or resolve to the contrary notwithstanding. 

March 18, 1785. 

Chapter 172. 

Chcm 172 RES0LVE 0N THE PETITION OF WILLIAM HARTSHORN, DI- 
"' RECTING THE TREASURER TO DELIVER TO THE SAID HARTS- 

HORN NOTES FOR THE PAYMENT OF ISAAC WALTON'S 
WAGES. 

On (he petition of William Hartshorn, setting forth, 
that his wife was sister and only heir to Isaac Walton, 
who engaged in the Continental Army in the year 1777; 
and on the eighth day of November, 1778, the said Isaac 
died, as appears by Colonel Crane's return ; and that on 
the third day of August, 1783, an order was forged, pur- 
porting to be under the hand of the said Isaac, and 
presented to the Treasurer (by one Stephen Thayer) for 
payment of the aforesaid Isaac's wages, and was accepted 
<(nd paid accordingly, by which means the said William 
hath been defrauded: Therefore, 



1784. — January Session. 417 

Resolved, That the Treasurer of this Commonwealth be, 
and he is hereby directed to make out and deliver to the 
aforesaid William Hartshorn, notes, in the same manner, 
and for the same sum, as if no notes ever had been issued 
for the payment of the aforesaid Isaac Walton 's wages ; 
provided the said William shall produce sufficient 
vouchers that his wife is the only legal heir to the said 
Isaac. March 18, 1785. 

Chapter 173. 

RESOLVE ON THE PETITION OF PHINEAS PARKER AND LTDIA, Q^j) 173 
HIS WIFE, EMPOWERING THE JUDGE OF PROBATE FOR THE * * 

COUNTY OF MIDDLESEX TO APPOINT A COMMITTEE TO MAKE 
PARTITION OF THE LANDS AND BUILDINGS MENTIONED. 

On the petition of Phineas Parker, jun. , and Lydia, his 
wife, administratrix on the estate o/" Ebenezer Daman, late 
of Reading, in the count// of Middlesex, deceased, and 
Thomas Daman, of the said Reading, setting forth, that 
the said Ebenezer and Thomas, in the life time of the said 
Ebenezer, purchased certain lands and buildings in equal 
halves; and that it so happened that the said Ebenezer 
took a deed of the whole in his own name, and that it still 
remains unsettled; — therefore pray, that the Judge of 
Probate for the said county of Middlesex may be empow- 
ered to make partition of the said lands and buildings 
between the heirs of the said Ebenezer Daman and the 
said Thomas Daman in equal halves: Therefore, 

Resolved, That the prayer of the said petition be so far 
granted, that the Judge of Probate for the county of 
Middlesex, be, and he hereby is, empowered to appoint a 
committee to make partition of the abovesaid lands and 
buildings, in equal halves, between the heirs of the said 
Ebenezer Daman, deceased, and the said Thomas Daman; 
and to make a record of this resolve, with his doings there- 
on ; which doings shall be a good title to the said Thomas. 

March 18, 1785. 

Chapter 174. 

RESOLVE ON THE PETITION OF SAMUEL LEE, ALLOWING HIM Chdp.174: 
SEVEN POUNDS, TWO SHILLINGS AND ELEVEN PENCE, r 

WHICH APPEARS TO BE DUE ON THE ROLL OF CAPTAIN 
EPHRAIM STEARNS. 

On the petition of Samuel Lee, representing, that he 
served three months in the Continental Army in the year 



418 1784. — January Session. 

1780, in the service of this State, and praying allowance 
for the same; and it appearing to this Court that the 
same has been paid to John Lee by mistake: Therefore, 

Resolved, That there be allowed and paid out of the 
public treasury of this Commonwealth, to the said Samuel 
Lee, or order, the sum of Seven pounds, tiro shillings and 
eleven pence, which appears to be still due on the roll of 
Captain Ephraim Stearns, which will be in full for the 
said service. March 18, 1785. 



Chapter 175. 



Chap. ,17 5 RESOLVE ON the petition of as a DRURT, ATJT1 
^' JOSIAH STONE, ESQ; AND OTHERS, GUARDIANS 



HORIZING 
OF THE 

INDIANS MENTIONED, TO CONSIDER THE VALUE OF THE 
MONEY PAID, AND VALUE OF LAND SOLD TO BODEN AND 
DRURY; AND DIRECTING THE APPROPRIATION. 



The Guardians of the Natick Indians, to whom was 
committed the petition of William Bodeu and Asa Drury, 
report, that they rind the facts to be as follows, viz. : 

In March, 1780, William Doden bought twenty-five 
acres of Indian land for One thousand two hundred and 
thirty pounds, paper money, which, by the scale, is 
Thirty-two pounds, thirteen shillings, specie. The said 
Guardians judge the said land to be worth about forty 
shillings an acre. Part of the money was applied to pur- 
chase other lands ; the rest, we suppose, is spent. 

Asa Drury has bought two pieces of laud of the said 
Indians, viz. : nineteen acres at Two thousand one hundred 
and ninety-seven pounds, ten shillings, December, 1780, in 
specie Twenty-nine pounds, six shillings, worth ahoutforty 
shillings per acre. Also, eight acres more, at Ten pounds, 
six shillings, specie, valued by the said Guardians at twelve 
pounds. How the money has been applied is uncertain. 
All which is submitted. 

Josiah Stone, per order. 

Read and accepted, and 

Resolved, That Josiah Stone, Esq ; Captain Eleazer 
Kingsbury and Captain Joseph Twitchel, who are the 
guardians of the said Indians, be, and hereby are, fully 
authorized and empowered to consider the value of the 
money paid to, and the value of the land sold by, the 



1784. — January Session. 419 

s:iid Indians, to tin- said Boden and Drury, together with 
other circumstances attending the said sales : and upon 
the said Boden and Drury's complying with terms con- 
sistent with justice, the Guardians aforenamed, are 

hereby directed to confirm the said deeds to the said 
Boden and Drury, by signing their consent to the same; 
which being done, the said deed shall be as valid in law 
as the same would have been if there had been no impedi- 
ment in law to the same deeds. And they, the said 
Guardians, are directed to appropriate the monies they 
may receive in consequence of the foregoing resolve, to 
and for the use of the Indian or Indians to whom the 
same of right by law belongs : and to account with the 
General Court agreeable to law. March 18, 1785. 

Chapter 176. 



F LEMUEL BURRELL, OF CAM- ChaT).176 
SAXDERSOX WITH A COPY OF ■* * 



RESOLVE ON THE PETITION OF 
BRIDGE, TO SERVE DAVID 
HIS PETITION AND ORDER THEREON, TO SHEW CAUSE, AND 
STAYING EXECUTION IN THE MEAN TIME. 

On the petition of Lemuel Burrell, setting forth, that 
David Sanderson, of Petersham, had obtained a judgment 

of Can rt for Three hundred and one pounds, eleven shil- 
lings, against the said Lemuel, by accident; and praying 
that he may re-enter his action against said Sanderson, as 
mentioned in the said petition : 

Resolved, That the said Lemuel Burrell serve the said 
David Sanderson with an attested copy of his petition, 
with this order of Court thereon, fourteen days before the 
next sitting of the Genet al Court, that he shew cause on 
the second Wednesday of the said next sitting of the 
General Court, (if any he hath) why the prayer of the 
said petition should not be granted ; and that the execu- 
tion in favour of the said Sanderson against the said Bur- 
rell, be stayed in the mean time. March 18, 1785. 

Chapter 177. 



RESOLVE ON THE PETITION OF GEORGE MAKEPEACE, DIRECT- Qhap.177 
ING THE DELIVERY OF A QUANTITY OF COCOA SEIZED BY 1 ' 

THE COLLECTOR OF EXCISE IN SUFFOLK COUNTY. 

On the petition of George Makepeace, representing that 
a considerable quantity of cocoa belonging to him has been 



420 1784. — January Session. 

seized by the Collector of Excise for the county of Suffolk, 
occasioned wholly by the ignorance of the person who pur- 
chased the same for him, and the waggoner who was to con- 
vey it from the State of Rhode Island not knowing the law 
respecting dulied articles; and praying the consideration 
of this Court: 

Resolved, That the prayer of the said petition be so far 
granted, as that the said cocoa be delivered to him by the 
Collector of Excise, he first satisfying the said Collector for 
his part of the forfeiture, and paying the duties thereon, 
and all the costs and charges which have arisen on the 
prosecution of the same, together with the fees which 
by law accrue to the Collector for seizing the same. 

March 18, 1785. 

Chapter 178. 

Chap.HS RE SOLVE ON THE PETITION OF GEORGE GROUCE, GRANTING 
1 ' HIM FORTY POUNDS, SIXTEEN SHILLINGS AND FOUR 

PENCE, IN CONSOLIDATED NOTES. 

On the petition of George Grouce, of Brunswick : 
Resolved, That there be paid out of the treasury of 
this Commonwealth to the petitioner, the sum of Forty 
pounds, sixteen sit Mings and four pence, in consoli- 
dated notes, to be dated February 1, 178"), with interest 
added to said notes, from January 1, 1781, in full con- 
sideration of notes belonoino; to him which were drawn 
out of the treasury by another person of the same name, 
belonging to Beverly. March 18, 1785. 



Chapter 179. 

Chan.179 resol ve granting three hundred pounds to the com- 

-* *' MITTEE APPOINTED ON THE SUBJECT OF THE UNAPPRO- 

PRIATED LANDS IN THE COUNTY OF LINCOLN. 

Resolved, That there be paid out of the treasury of this 
Commonwealth to Samuel Phillips, jun., Nathaniel Wells 
and Nathan Dane, Esq'rs. a Committee appointed on the 
28th October, 1783, on the subject of unappropriated 
lands in the county of Lincoln, Three hundred pounds, to 
enable them further to prosecute the business assigned 
them ; the said Committee being accountable for the said 
sum. March 18, 1785. 



1784. — January Session. 421 

Chapter 180. 

RESOLVE DIRECTING THE TREASURER, WHERE HE HAS ISSUED ChciV.180 
NEW SECURITIES TO SOLDIERS IN THE LATE CONTINENTAL 
ARMY, FOR THEIR RAY, WHICH HAS BEEN OBTAINED BY 
FORGED ORDERS, TO PUBLISH THE NUMBER, DATE, &c. OF 
THE SECURITIES, AND TO WHOM PAYABLE, AND TO PAY NO 
INTEREST, AND TO FURNISH THE ATTORNEY GENERAL 
WITH THE PAPERS, &c. AND GIVING A BOUNTY OF THIRTY 
FOUNDS UPON INFORMATION OF ANY PERSON OFFENDING 
AS MENTIONED. 

Whereas it is represented to this Court, that sundry 
persons have fraudulently obtained of the Treasurer of this 
Commonwealth securities of this government, for pay and 
wages due to the late soldiers of this State, in the army of 
the United States; and justice requires that where it is 
clearly ascertained that any soldier hath been thus 
defrauded, new notes should be issued, and measures 
should be taken to detect the aforesaid fraud : 

Resolved, That in all cases where the Treasurer of this 
Commonwealth has been, or shall be, directed to issue 
new securities to soldiers in the late Continental Army for 
their pay and wages, which may have been obtained by 
forged orders, he shall immediately cause to be published 
the number, date and amount of the securities, and to 
whom payable, in order that the person who may have 
thus obtained the securities, may be detected ; and the 
Treasurer is hereby directed to pay no interest on such 
securities until the further order of the General Court ; and 
he is hereby further directed to furnish the Attorney Gen- 
eral with all papers necessary to detect the fraud aforesaid. 

And it is further Resolved, That whoever shall give 
information of any person or persons offending as afore- 
said, so that he or they shall be thereof convicted, shall be 
entitled to receive, out of the treasury of this Common- 
wealth, the sum of Thirty pounds. March 18, 1785. 

Chapter 181. 

RESOLVE DIRECTING THE TREASURER TO PAY MR. SAMUEL QJian.lSl 
PAGE FOR A FORMER SESSION OMITTED. ' ' 

Wliereas it appears that Samuel Page, a Representative 
from Salem, was omitted iii the pay roll for the year 1783 : 

Resolved, That the Treasurer of this Commonwealth be, 
and he hereby is, directed to pay the said Samuel Pane 
for his travel one session, and for thirty-eight days attend- 
ance in the said year, March 18, 1785. 



422 1784. — jAmjAiiY Session. 



Chapter 182. 

Chai).\&2 RESOLVE JOINING RUFUS KING, ESQ; TO THE COMMISSIONERS 
**' FOR SUPPORTING THE CLAIM OF THE COMMONWEALTH TO 

LANDS WEST OF HUDSON'S RIVER, AND REQUESTING THE 
GOVERNOR TO COMMISSION HIM. 

Resolved, That Rufus King, Esq ; be, and he hereby is, 
appointed an Agent on the part of this Commonwealth in 
addition to John Loivell, James Sullivan and Theophilus 
Parsons, Esq'rs. to prosecute the business of the claim of 
the Commonwealth to the Western Territory before the 
Federal Court, instituted for the purpose of hearing and 
determining the controversy between this Commonwealth 
and the State of New York; and that the Governor be, 
and he hereby is, requested to grant him a commission for 
that purpose. March 18, 1785. 

Chapter 183. 

Chap.ISS RESOLVE ENTITLING jerathmeel doty to one-third pay 

AS A MARINE, FROM THE 1st OF APRIL, 1783, UNTIL FURTHER 
ORDER. 

On the representation of John Lucas, Commissary of 
Pensioners, in behalf of Jerathmeel Doty, a marine on 
board the Continental Frigate Alliance, who teas shot 
through the body with a musket ball while in the service of 
the United States: 

Resolved, That the said Jerathmeel Doty be entitled to 
receive one-third part of pay as a marine, from the first 
day of April, one thousand seven hundred and eighty- 
three, till the further order of the General Court or 
Congress. March 18, 1785. 

Chapter 184. 

Char) 184 RES0LVE 0N the petition of william lithgow, esq ; di- 

^' RECTING THE TREASURER NOT TO ISSUE HIS EXECUTIONS 

AGAINST SEVERAL TOWNS IN THE COUNTY OF LINCOLN, 
FOR THEIR DEFICIENCIES IN PROCURING MEN AND BEEF, 
UNTIL THE END OF THE NEXT SITTING OF THE GENERAL 
COURT. 

Wliereas this Court hath considered the petition of Wil- 
liam Lithgow, jun., Esq; in behalf of the inhabitants of 
the county of Lincoln, praying that they may be exempted 
from paying the taxes required of them for their propor- 
tion of the three years men for the army, and for their 
deficiencies in procuring beef, and hath not seen jit to grant 
the prayer of the said petition: And whereas it ivould 



1784. — January Session. 



423 



involve the said inhabitants in great distress, should they 
be compelled instantly to pay the said taxes: Therefore 

Resolved, That the Treasurer of this Commonwealth 
be, and hereby is, directed not to issue his executions 
against the towns of Pownalborough, Topsham, Bath, 
Georgetown, Woolwich, Winston-, Bowdoinham and Win- 
thrqp, all in the county of Lincoln aforesaid, for their 
deficiencies in procuring men and beef, until the end of 
the next sitting of the General Court; any resolve to the 
contrary notwithstanding. March 18, 1785. 

Chapter 185. 

RESOLVE OX THE PETITION OE JAMES LOVELL, ESQ; DI- Q/ ian 1g5 
RECTING THE TREASURER TO RENEW CERTAIN NOTES, ■*■ ' 

AMOUNTING TO FOUR HUNDRED SIXTY-TWO POUNDS, FOUR 
SHILLINGS AND SEVEN PENCE; AND TO REQUIRE SUFFI- 
CIENT BONDS PREVIOUS TO HIS RENEWING THE SAME. 

On the petition, of James Lovell, Esq; and William 
Scott, representing, that on the night of the twenty-third 
of November last, the dwelling house of the said Lovell 
was burglariously broken open, and a, number of consoli- 
dated notes stolen therefrom, the property of the said Lovell 
and Scott ; — that the perpetrators of the said theft have 
been convicted thereof before the Supreme Judicial Court, 
and praying that the same may be renewed; and it appear- 
ing that the said notes harp been destroyed : Therefore 

Resolved, That the Treasurer of this Commonwealth 
be, and he is, hereby directed to renew the following notes 
to the said Lovell and Scott, viz — 



No. 


1);*. 


Time payable. 


In whose favor. 


Amount. 


2320 


1st Jan. 1782, 


1st Jan. 1784, 


John Scott, 


£ 15 12 3 


2322 


Ditto,. 




Ditto, 1786, 


Ditto, 


15 12 3 


2773 


Ditto, . 




Ditto, 1784, 


Joseph Chamberlain, 


19 4 11 


30G2 


Ditto,. 




Ditto, 1785, 


Ditto, 


19 4 11 


2883 


Ditto, . 




Ditto, 1786, 


Ditto, 


1!) I 1 1 


27D5 


1 )itto, . 




Ditto, 1784, 


Thomas Lawrence, . 


K) 5 


3081 


Ditto, . 




Ditto, 1786, 


William Clarke, 


17 2 5 


11571 


1st Feb. V 


"83, 




.lames Horsely, 


50 


11572 


Ditto,. 






Ditto, 


50 


11575 


Ditto, . 






Ditto, 


51 1 


9311 


1st J(l)l ]', 


83, 




James Lovell, . 


192 11 6 


20529 


1st April 1 


784, 




Ditto, 


3 11 




£.462 1 7 



424 1784. — January Session. 

Amounting in the whole to Four hundred sixty-tivo 
pounds, four shillings and seven pence. And the Treas- 
urer is further directed to require a good and sufficient 
bond or bonds of the said Lovell and Scott, previous to 
his renewing the said notes as aforesaid, to indemnify the 
Commonwealth against any demands that may arise from 
any person or persons, by virtue of the notes destroyed 
as aforesaid. March 18, 1785. 

Chapter 186. 

C%a£>.186 RESOLVE INDEMNIFYING ANY GENTLEMAN WHO SHALL BECOME 
"'' BOUND FOR ONE OF THE TREASURERS OF THE UNITED 

STATES, BELONGING TO THIS COMMONWEALTH, APPOINTED 
JANUARY 25th LAST. 

Resolved, That in case any sufficient persons, in the 
opinion of the United States in Congress assembled, shall 
become sureties for the gentleman, a citizen of this Com- 
monwealth, who, on the 25th of January last, was elected 
one of the Commissioners to constitute a Board of Treas- 
ury of the United States, in the sum, and for the pur- 
poses mentioned in the resolution of Congress, of February 
3, 1785, this Commonwealth will fully indemnify and 
save harmless the persons who shall become so bound, 
from any cost and expence on account of their giving 
bonds as aforesaid. March 18, 1785. 



Chap 



Chapter 187. 

.187 RES0LVE 0N THE PETITI0N 0F MARY EATON AND CHARLES 
EATON, OF READING, EMPOWERING THE JTJDGE OF PRO- 
BATE TO MAKE AN ALTERATION IN THE ESTATE MENTIONED. 

• 

On the petition of Mary Eaton and Charles Eaton, of 
Reading, in the county of Middlesex, praying that the 
Judge of Probate for the said county may be empowered to 
make an alteration in the settlement of the estate of Joshua 
Eaton, late of the said Reading, deceased: 

Resolved, That the Judge of Probate for the said county 7 , 
be, and he is, hereby empowered to make such alteration 
in the settlement of the estate of the said Joshua Eaton, 
as to him shall appear most to the advantage of the heirs 
to the said estate ; observing the rules by law in such 
cases made and provided ; his having passed his decree 
thereon notwithstanding. March 18, 1785. 



1784. — January Session. 425 



Chapter 188. 

RESOLVE ON THE PETITION OF ENOCH HAMMOND AND OTHERS, ChaiJ.ISS 
AGENTS FOR THE TOWN OF ROCHESTER, DIRECTING THE 
TREASURER TO RECEIVE THE BALANCE DUE FROM SAID 
TOWN FOR BEEF, IN TWO REQUISITIONS OF THE GENERAL 
COURT, IN THE MONEY OF THE NEW AND OLD EMISSION. 

On the petit Ion of Enoch Hammond and others, agents 
for the town of Rochester, praying that (he Treasurer of 
the said torvn of Rochester may be allowed to pay into the 
Treasury of this Commonwealth, a certain sum of the netv 
emission and old Continental money, the same being the 
balance due from the said town of Rochester, upon two 
requisitions of the General Court, for beef, for reasons set 
forth in their petition: 

Resolved, That the Treasurer of this Commonwealth, 
be, and he hereby is, directed to receive of the Town 
Treasurer of the said town of Rochester, in the county of 
Plymouth, the balance due from the said town for beef, 
in the two requisitions of the General Court, in money of 
the new emission and old Continental money, at the same 
rate that the like monies were received for beef in June, 
1781. March 18, 1785. 

Chapter 189. 

RESOLVE AUTHORIZING THE GOVERNOR AND COUNCIL TO DRAW Chap.\89 
WARRANTS IN FAVOUR OF THE DELEGATES REPRESENTING r 

THIS STATE IN CONGRESS, WHO SHALL APPLY FOR THE 
SAME, NOT EXCEEDING TWO HUNDRED POUNDS. 

Resolved, That until the next sitting of the General 
Court, the Governor of this Commonwealth, be, and he is, 
hereby authorized and empowered, with the advice of 
Council, to grant a warrant on the treasury of this Com- 
monwealth, in favour of any of the Delegates who are 
appointed to represent this State in Congress, (who may 
apply therefor) for a sum not exceeding Two hundred 
pounds to each of them ; they to be accountable for the 
sums they shall respectively receive. March 18, 1785. 

Chapter 190. 



RESOLVE DIRECTING 

MILITIA LAW, AND DELIV 
THE ADJUTANT GENERAL 



THE SECRETARY TO PUBLISH THE Qhap.190 
• ELIVER SEVEN HUNDRED COPIES TO ?' 



Resolved, That the Secretary be, and he hereby is, 
directed to procure seven hundred printed copies of the 



426 1784. — January Session. 

Militia Law, passed this session, and deliver them to the 
Adjutant General, in order that the several militia officers 
in the Commonwealth may be furnished therewith. 

March 18, 1785. 



Chapter 191. 

CJiai) 191 RES LVE 0N ~ THE PETITION OF BENJAMIN PIERrONT, EMPOW- 
1 ' ERING HIM TO PROCEED IN THE SETTLEMENT OF THE 

ESTATE MENTIONED. 

On the petition of Benjamin Pierpont, representing, that 
he and his brother, William Pierpont, were appointed 
executors to the will of their brother, Mr. Ebenezer Pier- 
pont, late of Roxbury, deceased, by the said deceased's 
last will and testament: That soon after their entering on 
the business of their said appointment, his said brother 
William died also : and praying to be empowered to pro- 
ceed, in the settlement of the said estate: And it appearing 
to this Court to be the desire of all the lawful heirs of the 
said Ebenezer Pierpont, that (he said Benjamin Pierpont 
should proceed in the settlement of the said estate, agreea- 
ble to the last will and testament of the said testator: 
Therefore, 

Resolved, That the said Benjamin Pierpont, be, and he 
is, hereby empowered to proceed in the settlement of the 
estate of the said Ebenezer Pierpont, in the same manner 
the said executors were authorized to do by the last will 
and testament of the said Ebenezer Pierpont; the said 
William Pierpont being deceased notwithstanding. 

March 18, 1785. 



Chapter 192. 

Chap.192 RESOLVE ON THE PETITION OF THE TOWN OF PAXTON, ABAT- 
ING A FINK LAID ON SAID TOWN, AND DIRECTING THE 
TREASURER TO CREDIT THE SAME. 

On the petition of the town of Paxton, praying for 
abatement of the fines laid on (Item for not sending two 
men into the army for three years: 

Resolved, Thai the town of Paxton be abated the fine 
for one man, being One hundred and twenty-eight pounds, 
nine shillings and six pence: And the Treasurer is hereby 
directed to credit the said town of Paxton for the above 
sum in the State Tax for 1785, March 18, 1785. 



ACTS and LAWS 



OF THE 



COMMONWEALTH 



OF 



MASSACHUSETTS, 



PASSED BY THE 



GENERAL COURT, A.D. 1785. 



BOSTON : 
Printed by ADAMS and NOURSE, 

Printers to the Honorable the GENERAL COURT. 

M,DCC,LXXXV. 



Reprinted by Wright & Potter Printing Company, State Printers. 



ACTS AND LAWS, 

PASSED BY THE GENERAL COURT OF MASSACHUSETTS: 
BEGUN AND HELD AT BOSTON, IN THE COUNTY OF 
SUFFOLK, ON WEDNESDAY THE TWENTY-FIFTH DAY 
OF MAY, A.XXO DOMINI, 1785. 



1785. — Chapter 1. 

[May Session, ch. 1.] 
AN ACT FOR PREVENTING COMMON NUISANCES. Clldl). 1 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, That the Selectmen of Boston, Salem, Newbury selectmen, with 
port and Charleston')/, respectively, and of every other to assign places 
town in this Commonwealth where the Selectmen thereof, tures'formeat 3 ," 
together with any two Justices of the Peaee in the same distilling spirits, 
county, shall judge such regulation to he necessary, shall 
from time to time, as occasion shall be, assign some cer- 
tain places for the exercising of any of the trades or 
employments of killing creatures for meat, distilling of 
spirits, trying of tallow or oil, currying of leather, and 
making earthen ware, and forbid and restrain the exer- 
cise of either of them in other places not so approved and 
allowed ; and all assignments of such houses or places by 
Selectmen, with the assent of two or more Justices, for the 
exercise of any of the occupations aforesaid, shall be entered 
in the town book where such Selectmen respectively belong ; 
and also made known by having notifications thereof posted 
up in some public places in the same town. 

And be it further enacted, That when any house assigned n ™°° *g? gIied 
for the exercising of either of the aforesaid trades or becomes a nui- 

~ , -mice, Court of 

employments becomes a nuisance by reason ot offensive Sessions to 

I .,i i t /. .| 1 cause enquiry to 

and ill stenches proceeding trom the same, or becomes be made there- 
Otherways hurtful or dangerous to the neighbourhood or pras^uchVui? 
travellers, it shall and may be lawful to and for the Court 8M 
of General Sessions of the Peace, within the county, to 
cause enquiry to be made thereinto I)}' a jury, and to sup- 
press such nuisance by prohibiting and restraining the 



430 



1785. — Chapter 2. 



Penalty for 
making use of 
houses, &c 
other than such 
as are or may 
be assigned. 



Fences, &c. set 
up on public 
landing places, 
without permis- 
sion, esteemed 
nuisances. 



further use thereof for the exercise of either of the afore- 
said trades or employments, under a tine not exceeding 
Three pounds a month, to the use of the poor of the town ; 
or by causing such nuisance to be removed or prevented, 
as the said Justices in Sessions, in their discretion, shall 
think expedient and necessary. 

And he it further enacted, That if any distiller, tallow 
chandler, manufacturer of oil, currier, butcher or potter, 
shall make use of any house or place, other than such as 
are or may be assigned and permitted in consequence of 
this act, for the exercise of the employments aforesaid, or 
any of them, the person so otfending shall forfeit and pay 
a tine of Five pounds, one half thereof for the use of this 
Commonwealth, and the other half part for the use of him 
or them that shall prosecute and sue therefor, by action 
of debt, in the Court of Common Pleas ; and if convicted 
on the presentment of a grand jury in the Court of Ses- 
sions or Supreme Judicial Court, the whole penalty shall 
enure to the use of the Commonwealth ; and in either case 
the offender shall also enter into recognizance in such sum 
as the same Court shall order, not to improve such build- 
ing for either of the said purposes for the term of three 
years then next ; and in default of entering into such 
recognizance, to be committed to the common goal ; or such 
building may be taken down by the order of the same Court, 
as being a common nuisance, and the materials, or such 
part of them as may be necessary, sold at public auction, to 
defray the expence and charges ; and in case the materials 
shall be insufficient, the residue of the charges to be levied 
by distress and sale of the offenders goods and chattels. 

And be it further enacted by the authority aforesaid, 
That all fences or buildings set up and erected on lands 
now used and improved as public landing places, or such 
as may be hereafter laid out and appropriated to that use, 
without lawful permission therefor, shall be esteemed 
nuisances, and may be abated as such. June 7, 1785. 



Chap. 2 

Preamble. 



1785. — Chapter 2. 

[May Session, eh. 2.] 
AN ACT AGAINST HAWKERS, PEDLARS AND PETTY CHAPMEN. 

Whereas inconveniencies arise to trade, by hawkers, 
pedlars and petty chapmen, passing to, from and through 
the country, to vend goods, wares and merchandize: 



1785. — Chapter 2. 431 

Be if therefore enacted by the Senate and House of 
Representatives in General ('our/ assembled, and by the 
authority of the same, Thai every hawker, pedlar, petty Hawkers, ped. 
chapman, or other person going from town to town on from town to 
foot, or with a horse or horses or otherwise, carrying to goods. 10 ' 
sell, or exposing to sale any wares, goods or merchandize, 
within this Commonwealth, shall forfeit a sum not exceed- Forfeiture - 
ing Four pounds, nor less than twenty shillings, also one 
quarter part of all such goods, wares or merchandize by 
him or them exposed to sale, or so conveyed or trans- 
ported as aforesaid, to him or them that shall prosecute 
therefor, by information or complaint before the Court of 
General Sessions of the Peace in the same county. 

Provided nevertheless, That nothing herein shall prohibit ProviBO - 
or hinder any person, who is the real worker or maker of 
any goods or wares, or his servants or agents, from carry- 
ing abroad, exposing to sale, or selling any of the said 
goods or wares of his own making, or other articles man- 
ufactured within this Commonwealth, in any fair, market 
or elsewhere, or from selling any fish, fruits or provisions ; 
or any tinker, cooper, glazier, or mender, or other person, 
from going about and carrying with him proper materials 
for mending the things usually made or mended in the 
exercise of his trade. And any Justice of the Peace, upon Justices of the 
complaint to him made of any such offence, may arrest numpereons 
or summon before him the person or persons complained agSnst! D and or- 
against, and order him or them to recgnize, with suffi- ^1^'"' t0 rec " 
cient surety or sureties, to appear and answer the com- 
plaint or information that may be exhibited against him 
or them, before the next Court of Sessions of the Peace 
in the county where the offence is said to be committed ; 
and for want of sufficient surety, to commit such offender 
or offenders to the common goal of the county ; and also 
to secure and detain all such goods, wares and merchan- 
dize until the trial. Provided, The complainant, will 1>ioviso - 
enter into recognizance with surety before the same 
Justice, to the supposed offender, in a sufficient sum, to 
pay cost, in case the complainant shall fail of prosecuting 
or convicting the offender; and the Court of General 
Sessions of the Peace may assess costs upon the trial for 
or against the complainant, as the ease may require ; and 
all taverners, ale house keepers, common victuallers or j;;":; j 1 ^' ll ^ or en - 
retailers, that shall knowingly entertain any hawker, bawkere.&c. 
pedlar or petty chapman, or other trading person afore- 



432 1785. — Chapter 3. 

said, for the space of twelve hours, shall forfeit and pay 
the sum of Twenty shillings, for every six hours after the 
first twelve (unless the departure of such hawker, pedlar 
or petty chapman shall be prevented by means of sick- 
ness, or any other unavoidable necessity) to him or them 
who will prosecute and sue therefor by action of debt. 

June 9, 1785. 

1785. — Chapter 3. 

[May Session, ch. 3.] 

pi o AN ACT TO PREVENT DAMAGE BEING DONE BY NEAT CATTLE 

iy/iap. O AND H0RSES 0N POCHA BEACH, IN THE TOWN OF EASTHAM 

AND MEADOW THEREUNTO ADJOINING. 

Preamble. Whereas it appears to this Court by the representation 

of the proprietors in the south part of the town o/"Eastham, 
that the turning out of cattle and horses on the beach called 
Pocha Beach, and on the meadow thereunto adjoining, 
lying in the south part of the town of Eastham, doth 
greatly endanger the loss of the said meadoiv : To prevent 
which, 

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

Persons turning of the same, That after the passing of this act, if any 

large. * person or persons shall turn out any of his or their cattle 

or horses to go at large, on any part of the aforesaid 
beach or meadow, at any time between the first day of 
April and the last day of November, yearly, he or they 

Penalty. shall forfeit and pay for each offence, Ten sit Mings a head 

for every neat beast or horse kind of one year old, or 
upward, that shall be found going at large on the afore- 
said beach and meadow, within the limits of the said 
propriety ; which penalty shall be recovered by such 
person or persons as shall be appointed by said proprie- 
tors, to sue for and recover the fame in any Court proper 
to try such cause. 

cattie.&c.found And be it farther enacted, That if any neat cattle or 

at large, to be , 1 • i i H • c 1 • /» 1 • 

impounded. norse kind shall, at any time alter the passing ot this act, 
be found at large on the aforesaid beach or meadow, it 
shall and may be lawful for such person as the said pro- 
prietors shall appoint, forthwith to impound all such cattle 
or horses (found as aforesaid) in the town's pound, in 
Eastham; whereupon he shall immediately give notice 
thereof to the owner or owners, if known, otherwise shall 



1785. — Chapter 3. 433 

give public notice thereof in writing, by posting up the 
said notice of impounding such creatures, in Eastham, 
Harwich and Chatha?n, in some public place, in each of 
the said towns; and the impounder shall relieve the stud 
creatures with suitable meat and water while impounded : 
and if the owner or owners thereof appear to redeem his, 
her or their impounded creature or ereatures, he or she 
shall pay Tu:o shillings to the impounder for each neat 
beast or horse kind ; and to the pound keeper, reasonable 
cost for relieving such creatures, besides the fees estab- 
lished by law for each neat beast or horse kind so 
impounded; and the further sum of Ten shillings such 
owner shall pay into the hands of the clerk of said pro- 
priety within four days after such redemption, being the 
penalty before prescribed in this act, or be subject to the 
suit of such person as shall be appointed as before pro- 
vided, to sue for and recover the same by action of debt 
before any Justice of the Peace in the county of Barnsta- 
ble. And if no owner appear within the space of five No owner a P - 
days to redeem such cattle or horse kind so impounded, five'daV^'the 
and to pay the cost occasioned by impounding the same, po^ding'such 
then, and in every such case, the person impounding such creatures sbaii 

J ' r r O cause the same 

creature or creatures shall cause the same to be sold at to be sold. 

public vendue, and pay the cost and charges thereby 

arising ; public notice of the time of such sale to be given 

in said town of Eastham, and in the towns of Harwich 

and Chatham, forty-eight hours at least beforehand ; and 

the overplus, if any there be, arising by such sale, to be Overplus aris. 

i , ,, e i ins by such sale, 

returned to the owner or owners ot such creature or how applied. 
creatures so sold, at any time within twelve months next 
after, or upon his demanding the same ; but if no owner 
appear within said twelve months, then the said over- 
plus shall be one half to the party impounding any such 
cattle or horse kind, and the other half to the use of the 
poor in the town of Eastham. 

And be it further enacted, That the proprietors afore- Proprietors to 
said, at a meeting legally warned for that purpose, shall gouTto^ec to"** 
choose one or more meet person or persons belonging to b f e this B act. anc 
their propriety, whose duty it shall be to see to the due 
observance of this act, and who shall be sworn to the 
faithful discharge of their office ; and in case any person 
so chosen shall refuse to be sworn, he shall forfeil and 
pay Forty shillings, for the use of the poor in said town of 
Eastham; and upon such refusal, the said proprietors 



434 



1785. — Chapters 4, 5. 



shall from time to time proceed to a new choice of such 
officer or officers, until one or more person or persons will 
serve therein. June 14, 1785. 



Chap. 4 



Boundaries. 



Annexed to 
Worcester. 



1785. — Chapter 4. 

[October Session, ch. 1.] 

AN ACT FOR ANNEXING A GORE OF LAND LYING BETWEEN THE 
TOWNS OF WORCESTER AND SUTTON, TO THE TOWN OF 
WORCESTER. 

Be it enacted by the Senate and House of Representatives 
in General Court assembled, and by the authority of the 
same, That the Gore of land lying in the county of 
Worcester, and between the towns of Worcester and 
Sutton, bounded as follows, viz. : Beginning at the south- 
easterly corner of the town of Worcester, from thence 
running southerly on a right line until it comes to the 
northeast corner of the farm which formerly belonged to 
Isaac Morse; thence running south five degrees west, 
eighty-seven perch, on the easterly side of said farm, to a 
stake and stones on Sutton line ; from thence running 
westerly on said line, to a white oak tree, being the 
southwest corner of John Goddard's land ; thence running 
northerly on Ward town line until it comes to Worcester 
line ; thence easterly on said Worcester line, to the first 
mentioned bound ; together with all the inhabitants resid- 
ing on said Gore of land, be, and hereby are, annexed to 
the town of Worcester, there to do duty and receive 
privileges equal to the other inhabitants of said town. 

June 14, 1785. 



Chap, 5 



Preamble. 



1785. — Chapter 5. 

[May Session, ch. 4.] 

AN ACT FOR GRANTING A LOTTERY FOR THE REPAIRING OF 
LEICESTER ACADEMY, AND MAKING ADDITIONAL BUILDINGS 
THERETO. 

Whereas it appears that great benefit may accrue to this 
Commonwealth if Leicester Academy should be repaired, 
and additional buildings be made; and the Trustees have 
represented their present inability to accomplisli the same 
without the aid of the Legislature, and requested that a 
Lottery may be granted for those purposes : 



1785. — Chapter 5. 435 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That a sum not exceeding Six him- Bum to be 
dred pounds be raised by a Lottery for the purpose of 
repairing said Academy and making the additional build- 
ings ; and that Joseph Allen, Esq; of Worcester, and J^nfed. 
Messieurs Thomas Newell and Thomas Denny, of Leices- 
ter, or any two of them, shall be managers of the said 
Lottery, who shall be sworn to the faithful performance of To be sworn - 
their trust ; and shall, as soon as may be, publish a 
scheme of said Lottery in such public news papers as they 
may think most proper, and they shall also publish there- 
with all necessary rules and regulations for the manage- 
ment thereof; and all prizes which may be drawn in the 
said Lottery shall be paid without any deduction, pro- 
vided they are demanded within six 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 further enacted, That if any person shall forge, Penalty for 
counterfeit or alter any lottery ticket issued by virtue of 
this act, or shall pass or utter any such forged, counter- 
feited or altered ticket, knowing the same to be false, 
forged, counterfeited or altered, or shall counsel, advise 
or assist in forging, altering or counterfeiting 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 gallows for the 
space of 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 
nor less than two months imprisonment, or be publickly 
whipped, not exceeding thirty-nine stripes, at the discre- 
tion of the said Supreme Judicial Court, according to the 
nature and circumstances of the offence. 

Provided always, That the said Joseph Allen, Esq ; Managers to 

• ffivc security. 

and Messieurs Thomas Newell and Thomas Denny, give 
-i curity to the Treasurer of this Commonwealth, in the 
sum of Twelve hundred pounds, that they will pay into the 
hands of the Treasurer of said Academy, the net proceeds 
of said Lottery, to be disposed of as the Trustees of said 
Academy shall order, agreeably to this act. 

June 14, 1785. 



436 



1785. — Chapters 6, 7. 



Chap. 6 



Preamble. 



When, through 
mistake execu- 
tions are levied 
on real estate 
not belonging to 
the debtors, 
Justices may or- 
der a writ of 
Scire Facias 
against such 
debtors. 



Proviso. 



1785. — Chapter 6. 

[May Session, ch. 5.] 

AN ACT PROVIDING A SPEEDY METHOD FOR DOING JUSTICE, 
WHEN, THROUGH MISTAKE, EXECUTIONS ARE LEVIED ON 
REAL ESTATE NOT BELONGING TO THE DEBTORS. 

Whereas it has happened that executions have been or may 
be extended and levied on real estate for the purpose of sat- 
isfying judgments of Courts, and after the levying such 
executions, it may appear that the real estate levied upon did 
not at the time of extending and levying such execution belong 
to the debtor, and thereby the creditor may be deprived of his 
just debt, or be at great expence in recovering it: Therefore, 

Be it enacted, by the Senate and House of Representa- 
tives in General Court assembled, and by the authority 
of the same, That in such cases, upon the application of 
the creditor to the Justices of the Court from whence 
such execution issued, such Justices may order a writ of 
Scire Facias to issue against such debtor, requiring him to 
appear before said Court, and shew cause, if any he has, 
why an alias execution should not issue against him for 
debt and costs ; and if such debtor, being duly summoned, 
shall neglect to appear in obedience to such writ, or 
appearing, shall not shew sufficient cause why an alias 
execution should not issue against him, the Court shall 
thereupon order an alias execution against such debtor for 
debt and costs ; and the doings by virtue of the former 
execution shall be considered as void and of no effect in 
law ; but if it shall appear to the said Court that the 
creditor had no just cause for such application, the debtor 
shall recover against the creditor double costs, and the 
Court shall award execution accordingly. 

Provided nevertheless, That no application by any 
creditor shall be sustained after the expiration of two 
years from the time of extending and levying execution 
as aforesaid. June 14, 1785. 



Chap. 7 



Preamble. 



1785. — Chapter 7. 

[May Session, ch. 6.] 

AN ACT FOR INCORPORATING A CERTAIN TRACT OF LAND LYING 
IN THE COUNTY OF HAMPSHIRE, BEING PART OF THE TOWNS 
OF NORTHAMPTON AND SOUTHAMPTON, INTO A DISTRICT, 
BY THE NAME OF EASTHAMPTON. 

Whereas a number of the inhabitants of a tract of land 
being part of the towns of Northampton and Southampton, 



1785. — Chapter 7. 437 

in the county of Hampshire, have petitioned this Court to 
he incorporated into a separate district, for reasons set 
forth in their petition; and it appearing to this Court 
that it is expedient that the said tract of land, with the 
inhabitants thereon, (except as is hereinafter excepted) be 
incorporated: 

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 lands taken from North- £X5£l! of 
ampton, described as follows, viz. : Beginning in JSTorth- * r n °™ ^ orth " 
ampton, on Connecticut River, at the dividing line between 
the lots of Abner Barnard and Jonathan Janes, in that 
part of the common field called Hog's Bladder; from 
thence running in the course of the dividing line afore- 
said across Danks's Pond; from thence on by the said 
pond to the dividing line between Joel Hannum and James 
Hurlberfs land ; from thence on the same line to the high- 
way ; from thence on the same highway to the south side 
of the lot, in the little division originallv laid out to John 
King, and upon the same line to the dividing line between 
the Lovefield and Hatefield tier, in the said division ; from 
thence on the north side of the original lot in the Hate- 
field tier, laid out to Captain Clap, to the Westfield road ; 
from thence to the north side of the lot in the long 
division, laid out to Nathaniel Phelps, and upon the 
same line to Westhamplon, and in the dividing line 
between Northampton and Westhampton to Southampton 
line ; and on the line between Northampton and South- 
ampton to Springfield line ; and on the dividing line 
between Northampton and Springfield, to the line between 
the east and west tier of lots in the mountain division in 
Northampton; and from thence on the dividing line 
between the said tiers, to the northerly side of Elisha 
James's laud, near the barn of Asahel Parsons; from 
thence on land of the said Asahel to the south side of 
Joel Parsons's lot ; from thence to Connecticut River, and 
up the said river to the first described station. — And ^|o a u k tn n 
that the lands taken from Southampton described in the ampton. 
following manner — Beginning on the dividing line 
between Northampton and Southampton, at the west 
branch of Munhan River, between the lands of John 
J [annum and Elijah Pomeroy ; thence running down the 
said river to the turn thereof, a little above the bridge ; 
thence crossing the said river to a road ; then by the 



438 



1785. — Chapter 7. 



same road to the south side of Enos Pomeroy's land ; 
then between the said land and the land of the heirs of 
Joshua Pomeroy, to the south branch of Munhan River; 
then up said river to another piece of land of said Joshua 
Pomeroy's heirs ; then by the southwesterly line of the 
land of Benjamin Clap, between said Clap's land, and 
land by him sold to William Baldwin, to the highway ; 
then by the said highway to the southwesterly side of 
the land of said Clap, at Wilton's meadow ; then by the 
southwesterly side of said land to the land of Aaron 
Clap; and then by said Aaron Clap's southwesterly line 
to Westfield road, (excepting that Elijah Pomeroy, Caleb 
Pomeroy, Moses Bartlett and Preserved Bartletfs heirs, 
with their lands, are to remain to Southampton; and the 
lands within the tract aforesaid belonging to Elias Lyman, 
Elias Lyman, jun., Joel Lyman, Jonathan Lyman, Sam- 
uel Judd, Simeon Judd, John Alvord, jun. Daniel Masters, 
Josiah Wait, Abijah Wait, Asahel Parsons, Jonathan 
Parsons and Ephraim Parsons, are to remain to North- 
ampton) together with the inhabitants thereon, be, and 
they are hereby incorporated into a district, by the name 
of Easthampton, and invested with all the powers, privi- 
leges and immunities, that districts in this Commonwealth 
are entitled to, or do or may enjoy, according to law. 

And be it further enacted by the authority aforesaid, 
That Robert Breck, Esq ; be, and he is, hereby empow- 
ered to issue his warrant directed to some principal 
inhabitant within the said district of Easthampton, 
directing him to warn the inhabitants of said district 
qualified to vote in town affairs, to assemble at some 
convenient time and place in the same district, to choose 
all such town or district officers as by law are to be chosen 
annually in the month of March. 

Provided nevertheless, The inhabitants of the said dis- 
trict of Easthampton, which were before the passing this 
act inhabitants of any other town or place, shall pay their 
proportionable part of all such town, county and state 
taxes, as are already assessed or levied on them by the 
towns where they usually were taxed. 

And be it further enacted by the authority aforesaid, 
&n a i?thNbrfh- TIlal the inhabitants of the said district shall have liberty, 
amptonin the from time to time, to ioin with the town of Northampton 

choice of a rep- .... „ •' , 1 n i 

m the choice of a Representative; and they shall accord- 
ingly be notified of the time and place of election in like 



Easthampton 

incorporated. 



Robert Breck, 
Esq. to call a 
meeting. 



Proviso. 



reeerjtative. 



1785. — Chapter 8. 439 

manner with the inhabitants of said town of Northampton, 
by a warrant from the Selectmen of said town, directed to 
a Constable or Constables of said district, requiring him 
or them 1 ( > warn the inhabitants to attend the meeting at 
the time and place assigned, which shall be seasonably 
returned by said Constable or Constables; and the Rep- 
resentative or Representatives may be chosen indifferently 
from said town and district ; the pay or allowance to be 
borne by the town or district, in proportion as they shall 
pay from time to time to the State Tax. 

Provided likewise. That said district give up all their Proviso. 
right in any of the town lands, monies and obligations to 
which the inhabitants of said district were entitled, within 
the towns of Northampton and Southampton. 

And be it further enacted by the authority aforesaid, 
That all right of entry and right of action in, to, or for, inhabitants 
the recovery of any lands or real estate within the limits right of entry, 
of the said district, which before and until the passing of lan ' d B° 
this act the towns of Northampton and Southampton were 
vested with, shall accrue and enure by this act unto the 
inhabitants of the said district ; and they, the said inhabi- 
tants of said district, shall, to all intents and purposes, be 
vested with the said right of entry and right of action 
forever. June 17, 1785. 

1785. — Chapter 8. 

[May Session, ch. 7.] 

AN ACT FOE, THE EEGULATION OF NAVIGATION AND COM- (Jhaj), 8 

MEECE. "* 

Wliereas it is become expedient and necessary for this Preamble. 
Commonwealth to make some commercial regulations for 
the encouragement of their own trade: Therefore, 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority 
of the same, That from and after the first day of August Exportation of 

, nn . . /> i • i 'in goods, &c. in 

next, and during the continuance ot this act, there shall British vessels, 
not be exported from any port, harbour, creek, bay or inlet, p 
river or shore, or any other place within this Common- 
wealth, any goods, wares or merchandize, the growth, 
manufacture or produce of this or any of the United 
States, in any ship, vessel or craft of any kind, belonging 
(either in whole or in part) to, or being the property of, 
any of the subjects of the King of Great Britain. 



440 1785. — Chapter 8. 

Proviso. Provided nevertheless, and whereas proclamations and 

orders have been issued by the Governors of several parts 
of the British dominions, for prohibiting vessels belong- 
ing to any of the United States from entering their ports 
or trafficking there : 

Be it further enacted, That in case the said proclama- 
tions and orders shall be reversed, and an open trade 
allowed to such vessels, and the Governor of this Com- 
monwealth being certified thereof, shall by advice of 
Council publickly signify the same by his proclamation, 
then shall the foregoing clause of this act be discontinued, 
and shall cease to operate during the time such open trade 
shall be allowed. 

And be it further enacted by the authority aforesaid, 
JSiSifSSS, That from aud after the said first da J of August next, if 
°ct "to'lf for** 8 an y ships vessel or craft of any kind, as aforesaid, be 
feited. found in any port, harbour or creek, or any other place 

within this Commonwealth, taking on board, or having 
taken on board while in this Commonwealth, any of the 
articles aforesaid, contrary to the true intent and meaning 
of this act, every such ship, vessel or craft, together with 
their lading, shall be forfeited, and shall and may be 
seized by any Naval Officer, Collector of Excise or his 
Deputy, or by any other citizen or citizens of the United 
States, and the same may be sued for, prosecuted and 
recovered in any Court of Record within this Common- 
wealth, proper to try the same ; and after deducting the 
charges of prosecuting the same, from the gross produce 
thereof, the remainder shall be given, one moiety to the 
person or persons who shall have made the seizure and 
prosecuted the same, and the other moiety shall be paid 
into the treasury of this Commonwealth, for the use of 
the same. 
teke g n 00 o d r 8 i t a°ndld And he it further enacted, That from and after the first 
from any vessel day of August next, there shall not be taken out or landed 

not belonging to ,, J • ' . 

the united troin on board any ship, vessel or cratt, not wholly belong- 
iH)'r!', H .ic" auy ing to, or the property of, the citizens of the United 
except- States, any goods, wares or merchandize, in any port, 

harbour or creek, or any other place within this Common- 
wealth, except the ports of Boston, Falmouth in Casco 
Bay and Dartmouth ; and if any ship, vessel or craft, 
not wholly owned as aforesaid, shall be found in any port, 
harbour or creek, or any other place within this Com- 
monwealth, except the ports of Boston, Falmouth in 



1785. — Chapter 8. 441 

Casco Bay and Dartmouth, as aforesaid, discharging her 
lading, or any part thereof, or having discharged her 
loading, <>i - any pari thereof, otherwise than abovemen- 
tioned, the said ship, vessel ov craft, together with her 
lading, shall be seized and forfeited, to be recovered and 
appropriated as aforesaid. 

And be it further enacted, That from and after the said disowned by* 
firsl day of August next, there shall be paid by the mas- for " 
ter, owner or consignee, of every ship, vessel or craft, 
owned either in part or in whole by any foreigner, at the 
time of entering the said ship, vessel or craft, into the 
hands of the Naval Officer of the ports of Boston, Fal- 
mouth and Dartmouth , aforesaid, for the use and benefit 
of this Commonwealth, a duty of Five shillings per ton, for 
each and every ton said vessel may measure by carpenters' 
measurement, and a further duty of Two shillings and eight 
pence per ton, as light money, in addition to what by law 
they are now subject to pay, for the use and service of the 
light houses, and shall likewise pay unto the Collector of 
Impost and Excise, for the counties of Suffolk, Cumber- 
land and Bristol, double the duty on the goods imported be°paid upon 10 
in said vessel, as is or may be paid at that time upon the f n °uchTCsrei t s d 
like goods imported in a vessel belonging wholly to the 
citizens of the United States ; and a further duty of Six *! urther dut > of 

/•!• I' 81X P e,1Ce P ef 

pence shall be paid upon every bushel of salt imported in bushel upon eait 
any ship, vessel or craft, owned either in whole or in part, British vessels. 
by any of the subjects of the King of Great Britain, and 
previous to their breaking bulk they shall give bond to 
the said Collector for the payment of the same. 

Provided nevertheless, That the said duty of Six pence Proviso - 
per bushel on salt, shall not be paid in case an open trade 
shall be permitted in the British dominions, and during 
the continuance of such open trade ; such permission to 
be signified by the Governor's proclamation, as aforesaid. 

And ivhereas some persons for the sake of enjoying more 
extensive privileges in commerce, have had double setts of 
papers for their vessels, in order that they might appear 
the property of one nation or another, as might best answer 
their purposes ; for the prevention of which impositions: 

Be it enacted, That from and after the first day of J^^lt 
August next, any vessel which may appear to have two g*J^ B &c. tobo 
setts of papers, by the one of which she may appear to forfeited. 
be the property of the citizens of the United States, and 
by the other the property of foreigners ; or if it shall be 



442 



1785. — Chapter 8. 



Forfeitures, 
how applied. 



made to appear, that any vessel that has cleared at any 
naval office in this Commonwealth, as the property of the 
citizens of these States, shall afterwards enter and dis- 
charge her cargo taken in and cleared as aforesaid, in any 
foreign port, as the property of a foreigner : said vessel 
upon her return into this Commonwealth shall be forfeited, 
and may be seized by the Naval Officer of the port where 
she may be found, or by any other person or persons, 
who may prosecute for the same, to be recovered, and the 
money arising from such forfeiture, to be applied as afore- 
said, and the master of such vessel so offending, shall 
forfeit and pay for the use of this Commonwealth, a sum 
of One hundred pounds , to be recovered as aforesaid. 
JSSmSmX- And be it further enacted, That each Naval Officer in 
mitting an e.n- this Commonwealth, previous to his admitting any vessel 

try, to adminis- . . O J 

teranoath, and to an entry, shall administer the following oath or affirma- 

certify the . ^ 

same. tion, to the master, or one of the principal owners thereof, 

(provided said vessel shall appear to be the property of 
the citizens of these States) and certify it on the back 
of the register (if not done before) in the following words : 

Port of 178 . 

Then personally appeared before me one of 

the principal owners ( or the commander, as the case may 
be) of the and made solemn oath (or affirmation) 

that the said is the sole property of the citizens 

of the United States, and that no foreigner, directly or 
indirectly, hath any part or share therein. 

Naval Officer. 

And be it further enacted by the authority aforesaid, 
CoiTectoSor* Tnat if an y Naval Officer or his Deputy shali presume to 
impost and Ex- enter or clear anv vessel, contrary to the true intent and 

eise, or their . . •> . ^ . „~, ,^ ,. ,, 

deputies, neg- meaning or this act, or it any Naval Officer, Collector or 
Impost and Excise, or their Deputies, shall neglect any 
of the duties required of them by this act, he or they, so 
offending or neglecting their respective duties, shall forfeit 
and pay the sum of Three hundred pounds, one moiety 
thereof for the use of this Commonwealth, and the other 
moiety thereof for the use of the person or persons who 
may prosecute for the same, to be sued for and recovered 
in any Court of Record in this Commonwealth proper to 
try (lie same; and in addition thereto, shall be rendered 
incapable of any further exercise of his or their respective 
offices. 



Form of the 
certificate. 



lecting their 
duty. 



Penalty. 



1785. — Chapter 9. 443 

Provided nevertheless, That nothing in this act shall be Proviso. 
construed to prevent any ship or vessel built in this Com- 
monwealth, and owned either in whole or in part by any 
of the subjects of the King of Great Britain, from taking 
a cargo upon her first departure from this Commonwealth, 
upon the same terms and no further restrictions than if 
said vessel was owned by the citizens of these States. 

And be it further enacted, That this act shall continue Time this act 

e, •!* i tt • -i n /~i ill shall continue in 

in torce until the United States, in Congress assembled, force, 
shall be vested with competent power for the purpose, 
and shall have passed an ordinance for the regulation of 
the commerce of these States, and the period may arrive 
when the said ordinance is to take effect, and no longer. 

June 23, 1785. 

1785. — Chapter 9. 

[May Session, ch. 8.] 

AN ACT FOR ERECTING THE WESTERLY PART OF THE TOWN CJlClp. 
OF WESTMINSTER, THE SOUTHWESTERLY PART OF ASH- 
BURNHAM, THE SOUTHEASTERLY PART OF WJNCHENDOX, 
AND THE EASTERLY PART OF TEMPLETON, IN THE COUNTY 
OF WORCESTER, INTO A TOWN BY THE NAME OF GARDNER. 

Whereas the inhabitants of the westerly part of the town Preamble. 
of Westminster, the southwesterly part of the town of 
Ashburnham, southeasterly part of the town of Winchen- 
don, and the easterly part of the town of Templeton, in 
the county of Worcester, have represented to this Court 
the difficulties they labour under in their present situation, 
and request that they may be incorporated into a separate 
town, and it appearing to this Court proper to comply with 
their said request: 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority 
of the same, That the westerly part of the town of West- 
minster, southwesterly part of the town of Ashburnham, 
southeasterly part of the town of Winchendon, and the 
easterly part of the town of Templeton, in the county of 
Worcester, bounded as follows, viz. — Beginning at the Boundaries, 
west corner of the town of Westminster, running south east- 
erly on the town line on Templeton and Hubbardston, to the 
southeasterly corner of lot Number thirty-two, third divi- 
sion ; thence running northeasterly, straight to the south- 
easterly corner of lot Number ninety-one, second division ; 
from thence, upon the line between lots Number ninety- 



444 1785. — Chapter 9. 

one and ninety-two, to AsJiburnJiam town line ; thence 
running southwesterly on AsJiburnham line to the north- 
east corner of lot Number fifty-five, second division, in 
AsJiburnJiam ; thence by the northeasterly line of 'said lot 
to the north corner of the same ; from thence strait to the 
northeast corner of lot Number forty-five, second division ; 
from thence on the north line of the same, to the north- 
west corner on Winchendon line ; from thence northeasterly 
on said line, to the northeast corner of lot Number fifteen, 
second division, on AsJiburnham line ; from thence south- 
westerly on a straight line, to the northwesterly corner of 
lot Number one hundred and sixty, on Templeton line ; from 
thence southeasterly on said line, to the southeast corner 
of lot Number eighty-four, second division ; from thence on 
the southerly line of said lot, to Otter River, so called ; 
from thence up said river, to Westminster town line ; 
from thence on said line, to the first mentioned corner ; 
Poland! and°in- De > an d they hereby are, erected into a town by the name 
vested with f Qardner: and the inhabitants thereof hereby are 

powers. ' . . . 

invested with all the powers, privileges and immunities, 
which the inhabitants of other towns within this Common- 
wealth do or may by law enjoy. 
JuTbytheUnes, And b ? it further enacted, That where the lots that are 
held to pay now se ttled are cut by the above lines, every owner of 

taxes to the • J ' * 

town in which such lot shall be holden to pay taxes for the whole of 
low stand. such lot, to that town in which his house now stands. 
Proviso. Provided nevertheless, If any owner of such lot shall 

return a certificate into the Secretary's office, within six 
months after the passing of this act, expressing his desire 
to belong, with his said lot, to the other town, such lot, 
and the owner thereof, shall forever afterwards be holden 
to pay taxes to the other town accordingly. 
Jhafi b pa a y taxes And he it further enacted by tJie authority aforesaid, That 
g r r a e ^ the inhabitants of the said town shall pay their propor- 

tion of all taxes already granted, to be raised in the sev- 
eral towns from which they were respectively taken. 
S^cSt 7 !"' And il isfurtJier enacted, That NicJiolas Dt/Jce, Esq ; be, 
meeting. ant l h e hereby is, empowered to issue his warrant directed 

to some principal inhabitant, requiring him to warn and 
give notice to the inhabitants of the said town to assemble 
and meet at some suitable time and place in the said town, 
to choose all such officers as towns by law arc required to 
choose, at their annual town meeting, in the month of 
March. June 27, 17 85. 



1785. — Chapter 10. 445 

1785. — Chapter 10. 

[May Session, ch. 9.] 

AN ACT FOR INCORPORATING CERTAIN LANDS BELONGING TO Chart. 10 
A NUMBER OF INHABITANTS OF THE TOWN OF STRING- 1 ' 

FIELD, LYING ON THE PINE PLAIN, IN SAID TOWN. 

Whereas application hath been made to this Court, by Preamble. 
the petition of Thomas D wight, for himself and in behalf 
of the persons hereafter named, viz. : Moses Bliss, Esq; 
Ebenezer Warriner, Timothy Bliss, Joseph Clough, Wil- 
liam Pynchon, Esq; Alexander Bliss, Aaron Warriner, 
Jacob Cooley, Charles Brewer, Elam Burt, John Ashley, 
Luke Bliss, David Ashley, Andrew Colton, Preserved 
White, George Pynchon, Edward Stebbins, Solomon 
Ferre, and Thomas Bates, representing , that they are the 
proprietors of certain parcels of land on the Pine Plains 
(so called) in said Springfield, lying contiguous each to 
the other, which are now without fence or inclosure, and 
on that account subjected to damage and rendered of little 
value to them; and praying that said lands (containing 
about seven hundred acres) may be erected into one com- 
mon and general field, as included, when collectively taken, 
within the following description and boundaries, viz. : The 
tract of land lying in said Springfield, on the south side of 
the highway leading from Springfield to W ilbraham, called 
the sixteen acre road, and bounding northerly thereon, 
lying also west of the brook called Stone Pit Brook, north 
of Mill River meadow, bounding south thereon, and the 
fence inclosing the said meadow; lying also east of a town 
way, leading from Boston road to the highway which lead- 
eth by the house of David Ashley, and bounding west on 
said town way ; also bounding east on a lot of land owned 
by Elisha Ferre, lying a little ivest of said Stone Pit 
Brook : 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 aforesaid, being all the lands Lands described 
included within the description and boundaries aforesaid, Intoo^generai 
be, and hereby are, incorporated into one common and fleld 
general field ; and the proprietors and owners of the said 
lands are hereby invested with all the powers and privi- 
leges which the proprietors of lands in general fields by 
law are invested withal. 



446 1785. — Chapter 11. 

ma°y P be et aTiib- And be it further enacted, That each and every of the 
erty to inclose proprietors aforesaid may be at full liberty at any and all 

and improve l . l . J . *> J 

lands, &e. times hereafter, to inclose and improve by themselves, 
any of their lands lying within the limits aforesaid, as if 
such act of incorporation had not been made ; they main- 
taining their respective proportions of the general fence 
around the same. June 27, 1785. 



1785. — Chapter 11. 

[May Session, ch. 10.] 

Chap. 11 AN ACT T0 AUTHORIZE THE UNITED STATES IN CONGRESS AS- 
1 ' SEMBLED, TO APPOINT COMMISSIONERS TO . COMPLEAT THE 

RUNNING THE LINE OF JURISDICTION BETWEEN THE COM- 
MONWEALTH OF MASSACHUSETTS AND THE STATE OF NEW 
YORK, ON THE EASTERLY PART OF THE STATE OF NEW 
YORK. 

rreambie. Whereas an agreement was made and entered into, on 

the eighteenth day of May, in the year of our Lord, One 
thousand seven hundred and seventy-three, between Com- 
missioners appointed by an act of the Legislature of the 
late Province of Massachusetts Bay, and Commissioners 
appointed by an act of the Legislature of the late Colony of 
New York, for the settlement of a partition line of jurisdic- 
tion between the said late Province of Massachusetts Bay 
and the late Colony of New York, on the easterly part of 
the said Colony of New York : And whereas, since the 
agreement made as aforesaid, Commissioners and Surveyors 
ltave been appointed on the part of the Commonwealth of 
Massachusetts and the State of New York, respectively , 
to rim and mark the said line pursuant to the said agree- 
ment; which Commissioners, although attempts have been 
made for that purpose, have not been able to compleat the 
runn ing the said line : And whereas the Slate of New York, 
by an act of their Legislature, passed on the seventh day of 
March, One thousand seven hundred and eighty -five, have 
on their part authorized the United States in Congress 
assembled, to appoint three skilful, judicious and disinl r- 
ested persons, as Commissioners, to run out, survey, mark 
and ascertain the said line of jurisdiction, according to the 
true intent and meaning of the agreement above referred to : 
Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, That it shall and may be lawful to and for the 



1785. — Chapter 12. 447 

United States of America, in Congress assembled, and gSSJiS2S£ 
they arc hereby fully authorized to appoint three skilful, J5^»JJJJ*g^J 
judicious and disinterested persons, as Commissioners, to huh-, 
run out, survey, mark and ascertain the said line of juris- 
diction, between this Commonwealth and the State of 
New York, according to the true intent and meaning of 
the agreement abovementioned. 

And be it further enacted by the authority aforesaid, 
That the line so to be run, marked and ascertained by the Line run by the 

. . /. . , ■%• i ,i Commissioners 

said Commissioners, or any two ot them, according to the to remain aju- 
true intent and meaning of the said agreement, shall be, boundary une. 
and forever hereafter remain, a jurisdiction or boundary 
line, as far as the same shall extend, between this Common- 
wealth and the easterly part of the State of New York. 

Provided always, That the Commissioners so to be jg'Jg^JSJ 
appointed, shall, before they proceed upon the execution Bione ™be 
of their trust, be sworn faithfully and impartially to per- B ' 
form the same according to the best of their skill and 
judgment; and shall, within two years from the seventh 
day of March, One thousand seven hundred and eighty- 
tive, complete the said survey, and make a true and exact 
return thereof into the Secretary's office of the United 
States in Congress assembled, to be there filed as a per- 
petual evidence of the said jurisdiction line. 

And be it farther enacted by the authority aforesaid, 
That the Governor, by and with the consent of the o™™ t ° o y vith 
Council of this Commonwealth, is hereby authorized to Council, author- 

K, • l j.1 • i lze d to appoint 

appoint one or more person or persons to turnisn trie said persons to fur- 
Commissioners, which shall be appointed by Congress to mfssioners with 
run and ascertain the line aforesaid, with the necessary SJjSSSuT'aiid 
documents and papers relative to the said line, and to papers. 
make his warrant on the Treasurer of this Commonwealth 
in favour of the person or persons so to be appointed, for 
the sum of Three hundred pounds, to be applied, if neces- 
sary, for the payment of one half of the expences attend- 
ing the survey, and for which they shall be accountable 
to this Commonwealth. June 29, 1785. 

1785. — Chapter 12. 

[May Session, ch. 11.] 
AN ACT FOR THE FILING AND RECORDING OF WILLS PROVED Qhct]). 12 
WITHOUT THIS GOVERNMENT, AND FOR TAKING AFFIDAVITS 
IN WRITING FOR THE PROBATE OF WILLS IN CERTAIN CASES. 

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



448 



1785. — Chapter 12. 



Persons inter- 
ested in wills 
proved without 
this govern- 
ment, desiring 
the siirae may 
be filed ; direc- 
tions how to 
proceed. 



pr°o P v y ed f without tne same, That where the copy of any will which has been 
this Govern- proved and allowed in any Probate Court in any of the 

ment, filing and I ,J . «/ 

recording United States, or in any foreign State or Kingdom, shall 

thereof shall be . ~ 

of the same be directed to be filed and recorded in any Probate Court 
o'rlgfnal win? in this Government pursuant to this act the filing and 
recording thereof shall be of the same force and effect as 
the filing and recording of an original will proved and 
allowed in the same Court of Probate ; and the said 
Judge may thereupon proceed to take bonds of the exec- 
utor, or grant administration of the said testator's estate 
lying in this government, with the will annexed, and set- 
tle the said estate in the same way and manner as by law 
he may or can upon the estates of testators whose wills 
have been duly proved before him. 

And be it further enacted, That when the executor or 
any other person interested in a will that has been proved 
and allowed in a Court of Probate in any of the United 
States, or in a Court of Probate in any other State or 
Kingdom, pursuant to the laws of such State or Kingdom, 
shall produce a copy of such will, with a copy of the pro- 
bate thereof, under the seal of the Court where the same 
will has been proved and allowed, unto any Judge of Pro- 
bate in any county in this government, where the testator 
had estate, real or personal, whereon the same will may 
operate, and shall in writing desire the same may be filed 
and recorded in the Probate Office in the same county pur- 
suant to this statute, the said Judge shall assign a time 
and place for taking the same into consideration, and 
shall cause notice thereof to be made in some public news 
paper, three weeks successively, thirty days at the least 
before the time assigned, to the end that any person may 
appear and shew cause against the filing and recording 
the same ; and if at the time assigned no objection is 
made, or none in the judgment of the said Judge suffi- 
cient to prevent it, the same Judge may cause the same 
copy to be filed in the Registry of the said Court of Pro- 
bate, and direct the same to be also there recorded : Sav- 
ing always, an appeal to any person apprehending himself 
injured thereby to the Supreme Court of Probate, as in 
other Probate matters. 

And be it further enacted, That when an original will 
shall be offered for Probate before any Court of Probate 
in this government, and the witnesses thereunto live out 
miles distant, of the government, or more than thirty miles distant, or 



When an origi- 
nal will shall be 
offered for pro- 
bate, & the wit- 
nesses live more 



1785. — Chapter 13. 440 

by reason of age or indisposition of body, are unable to depositions may 

*> , O ' i fi • ^0 taken I 

appear and give evidence before the Court, in every such oases. 
case, the deposition of such witness in writing, taken 
before any person or persons duly authorized by dedimus 
potestatem from such Probate Court, shall have the .same 
force and effect as though the witness was present and 
testified vive voce before the Court. 

Provided always however* Before the Probate of any I>ri > v >so. 
will shall be allowed from the evidence of affidavits, such 
proceedings shall be had in all respects as in this act are 
provided respecting wills previously proved and allowed 
in a Court of Probate without this Commonwealth; and 
appeals in all such cases shall be allowed, as is provided 
for in other Probate matters. 

And it is further provided, That nothing in this act £" Ulcrpr0 - 
shall be construed to make valid any will or codicil that 
is not attested and subscribed in the manner the laws of 
this Commonwealth direct, nor to give operation and 
('(feet to the will of an Alien different from that which 
such will would have had before the passing this act. 

June 29, 1785. 



1785. — Chapter 13. 

[May Session, ch. 12.] 

AN ACT DETERMINING THE TIMES AND PLACES FOR HOLDING (J/ ia p 13 
JUDICIAL COURTS IN THE COUNTY OF BERKSHIRE, A LIM- 1 ' 

ITED TERM. 

Be it enacted by the Senate and House of Representa 
tire* in General Court assembled, and by the authority of 
the same, That the Supreme Judicial Court, and the 
Courts of Common Pleas and General Sessions of the 
Peace, within the county of Berkshire, shall be holden at 
the times and places hereafter mentioned, until the first 
day of January, in the year of our Lord, One thousand 
seven hundred and eighty-seven ; that is to say, The 
Supreme Judicial Court at Great Barrington, on the first 
Tuesday of October; the Courts of Common Pleas and 
General Sessions of the Peace, at said Great Barriiujton, 
on the second Tuesday of September and third Tuesday 
of November; and at Pittsfield, on the first Tuesday of 
February and second Tuesday of May; any law to the 
contrary notwithstanding. June 30, 1785. 



450 



1785. — Chapter 14. 



Time altered for 
catching tish. 



1785.— Chapter 14. 

[May Session, ch. 13,] 

C/iaj). 14 AN ACT IN ADDITION TO, AND FOR REPEALING CERTAIN PARTS 
1 ' OF AN ACT PASSED IN THE YEAR OF OUR LORD, ONE THOU- 

SAND SEVEN HUNDRED AND EIGHTY-THREE, ENTITLED, 
"AN ACT TO REGULATE THE CATCHING SALMON, SHAD AND 
ALEWIVES, AND TO REMOVE AND PREVENT OBSTRUCTIONS 
IN MERRIMACK RIVER, AND IN THE OTHER RIVERS AND 
STREAMS RUNNING INTO THE SAME, WITHIN THIS COMMON- 
WEALTH, AND FOR REPEALING SEVERAL ACTS HERETOFORE 
MADE FOR THAT PURPOSE." 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority 
of the same, That the time allowed for catching salmon, 
shad and alewives in said rivers and streams, by the act 
to which this is an addition, be, and it is, hereby so far 
altered, that it shall hereafter begin at sunset, on Mon- 
day evening, and end at sunset on Thursday evening, in 
each week ; any thing in the said act to the contrary 
notwithstanding. 

And be it further enacted by the authority aforesaid, 
That the third enacting paragraph in the said act be, and 
it is, hereby repealed. 

And be it further enacted by the authority aforesaid, 
That if any person or persons shall erect any obstruction 
or incumbrance in or across the said Merrimack River, or 
any of the rivers or streams running into the same, or 
continue such as are already erected, so as to prevent the 
free passage of the said fish up the said rivers and streams, 
he or they so offending, shall forfeit and pay a fine of 
Twenty pounds, to be recovered and applied in the same 
manner as fines for a breach of the act to which this is in 
addition are recovered and applied. 

And be it further enacted, That if any fresh salmon, 
shad or alewives, shall be found with or in the possession 
of any person or persons whatever, within three miles of 
any of the said rivers or streams, and within this Com- 
monwealth, at any other time than the time allowed by 
law for catching said fish in the said rivers and streams, 
such person or persons shall be held and accounted in law 
to be guilty of catching .said fish contrary to the true 
intent of the said act, and shall pay a fine accordingly, 
unless such person or persons shall make oath in the 
Court before whom trial is had that said tish were actually 



Third para- 
graph repealed. 



Penalty for 
erecting ob- 
structions, &c. 



Persons found 
in possession of 
Bald tish within 
three miles, 
shall be ac- 
counted guilty 
of catching the 
same, unless. 



1785. — Chapters 15, 16. 451 

caught within the time allowed by law for catching the 

same, or make proof who was the person or persons that 
caught said fish, or who sold the same. 

Providing always. That every Justice of the Peace to Proviso, 
whom complaint shall he made against any person or 
persons for having in his or their possession any fresh 
salmon, shad or ale wives, as aforesaid, shall, before he 
issue his warrant against the person or persons complained 
of, cause the complainant to make oath to his complaint, 
and that he really believes that the fish in the said com- 
plaint mentioned were caught in the time prohibited by 
law for catching the same. June 30, 1785. 

1785. — Chapter 15. 

[May Session, ch. 14.] 
AN ACT TO PREVENT DAMAGE FROM FIRE BEING COMMUNI- Q] ia r) t 15 
CATED FROM CHOCOLATE MILLS AND MACHINES FOR ROAST- "' 

ING COCOA, IN THE TOWN OF BOSTON. 

Wliereas chocolate mills and machines for roasting cocoa 
have been erected in the town of Boston, near to other 
buildings, to the great hazard of the lives and property of 
the inhabitants of the said town: 

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, from and after the fifth 
day of July next, shall, within the said town, roast or 
cause to be roasted any cocoa, for the purpose of manu- 
facturing the same into chocolate, in any building what- 
ever, excepting such as may or shall be licenced for that 
purpose by the major part of the Selectmen of the town 
aforesaid, and two Justices of the Peace for the county of 
Suffolk, quorum units, he shall forfeit and pay, for every 
such offence, a sum not exceeding One hundred nor less 
than Fifty pounds. June 30, 1785. 



1785. — Chapter 16. 

[May Session, ch. 15.] 
AN ACT AUTHORIZING AND EMPOWERING THE DELEGATES QJ m)) \Q 
REPRESENTING THIS COMMONWEALTH IN THE UNITED 1 ' 

STATES IN CONGRESS ASSEMBLED, TO SUBSCRIBE AND RAT- 
IFY AN ALTERATION OF PART OF THE EIGHTH ARTICLE OF 
THE CONFEDERATION AND PERPETUAL UNION OF THE 
UNITED STATES OF AMERICA. 

Whereas it is convenient (hat a rule, ether than that Preamble. 
contained in the said eighth. Article of tin' Confederation 



452 1785. — Chapter 16. 

and perpetual Union, should be established for ascertaining 
the proportions to be supplied by the said States respec- 
tively to the common treasury ; and such alteration having 
been recommended by the United States in Congress 
assembled : 

Be it therefore enacted by the Senate and House of 

Representatives in General Court assembled, and by the 

Delegates em. author it ii of the same, That the Delegates representing this 

powered to ratify ^ 1 1 • ii-r«-ir««*-i 

an agreement Commonwealth in the United States in Congress assem- 
tio r n of the e sth bled, shall be, and hereby are, authorized and empowered 
co^'fedemtkTn. to subscribe and ratify an agreement for the alteration of 
the said eighth Article of Confederation and perpetual 
Union, which shall be contained in the following words, 
that is to say — So much of the eighth of the Articles of 
Confederation and perpetual Union, between the thirteen 
States of America as is contained in the words following, 
clause revoked, viz. — " All charges of war, and all other expences that 
shall be incurred for the common defence or general 
welfare, and allowed by the United States in Congress 
assembled, shall be defrayed out of a common treasury, 
which shall be supplied by the several States in propor- 
tion to the value of all land within each State, granted to 
or surveyed for any person, as such land and the buildings 
and improvements thereon shall be estimated, according 
to such mode as the United States in Congress assembled 
shall from time to time direct and appoint," is hereby 
revoked and made void ; and in place thereof, it is declared 
and concluded, the same having been agreed to in a Con- 
gress of the United States, that all charges of war and all 
other expences that have been or shall be incurred for the 
common defence or general welfare, and allowed by the 
United States in Congress assembled, except so far as 
shall he otherwise provided for, shall be defrayed out of 
a common treasury, which shall be supplied by the 
several States, in proportion to the whole number of 
white and other free citizens and inhabitants of every age, 
sex and condition, including those bound to servitude for 
a term of years, and three-fifths of all other persons not 
comprehended in the foregoing description, except 
Indians not paying taxes in each State, which number 
shall be triennally taken and transmitted to the United 
States in Congress assembled, in such mode as they shall 
direct and appoint. July 2, 1785. 



1785. — Chapter 17. 453 



1785.— Chapter 17. 

[May Session.ch. 16.] 

AN ACT IN ADDITION TO AN ACT PASSED THE TENTH DAY OF Chan. 17 
jr'LT, ANNO DOMINI, OX'S THOUSAND SEVEN HUNDRED AND ' 

EIGHTY-THREE, ENTITLED, '-AN ACT LAYING DUTIES OF 
IMPOST AND EXCISE ON CERTAIN GOODS, WARES AND MER- 
CHANDIZE, THEREIN DESCRIBED, AND FOR REPEALING THE 
SEVERAL LAWS HERETOFORE MADE FOR THAT PURPOSE ; " 
AND ALSO ANOTHER ACT PASSED THE FIRST DAY OF JULY, 
ONE THOUSAND SEVEN HUNDRED AND EIGHTY-FOUR, ENTI- 
TLED, " AN ACT IN ADDITION TO AND FOR THE EXPLANATION 
OF AN ACT, ENTITLED, "AN ACT LAYING DUTIES OF IMPOST 
AND EXCISE ON CERTAIN GOODS, WARES AND MERCHAN- 
DIZE, THEREIN DESCRIBED, AND FOR REPEALING THE 
SEVERAL LAWS HERETOFORE MADE FOR THAT PURPOSE," 
AND FOR THE ENCOURAGEMENT OF AGRICULTURE AND 
MANUFACTURES, AND FOR PROMOTING INDUSTRY, FRUGAL- 
ITY AND ECONOMY. 

Whereas it is highly necessary for the welfare and hap- Preamble. 
piness of all Slates, and more especially such as are 
republican, to encourage agriculture, the improvements of 
raw materials and manufactures, a spirit of industry, 
frugality and economy, and at the same time to discourage 
luxury and extravagance of every kind: 

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 first day of 
August next, there shall be paid in addition to the impost 
already laid, the following impost on the articles herein- 
after enumerated, which shall be brought into this Com- 
monwealth by land or water, viz. — An impost of five per Articles dutied. 
centum ad valorem, at the time and place of importation, 
on all wrought pewter not made or manufactured in any 
of the United States ; and an impost of seven and a half 
per centum ad valorem, at the time and place of importa- 
tion, on all beef, pork, butter and cheese, not raised and 
made in any of the United States ; and an impost of ten 
per centum ad valorem on all sole leather, tanned calf- 
skins, bound psalters, psalm hooks, spelling books and 
primers, and on all account and other blank books, and 
on nails of all sorts, not made in any of the United States : 
and an impost of twelve and half per centum ad valorem, 
at the time and place of importation, on all boots, hoot 
legs, shoes, shoe vamps, goloshoes and slippers, and on 
all kinds of plated ware, hard soap and candles, and glue, 



454 1785. — Chapter 17. 

and on all coaches, chariots, phaetons, chaises, riding 
chairs, sulkeys, and on all parts of riding carriages, 
horse harness, saddles, saddle cloths, bridles, whips and 
canes ; and on all girth web, livery lace, coach and chaise 
lace, carpets of all kinds, copper plate furniture, umbrel- 
las, muffs, tippets, and all kinds of combs not made or 
manufactured in any of the United States ; and an impost 
of twenty-tivo and half per centum ad valorem, at the time 
and place of importation, on all beer, ale and porter, 
every kind of ready made cloaths or apparel, except such 
as are made of leather ; and on all kinds of cabinet 
maker's work, and ready made wooden household furni- 
ture not made in any of the United States, unless the 
property of some person removing into this or some other 
of the United States to settle therein ; and an impost of 
tivo and half per centum ad, valorem on all woollen and 
linnen cloths and woollen stockings ; and an impost as 
follows, at the time and place of importation, on the 
several articles hereafter enumerated, not made or man- 
ufactured in any of the United States, viz. — For all 
anchors, two pence per pound ; for every ax, hatchet, 
scythe, carpenter's or cooper's adze, two shillings; for 
every drawing knife, one shilling; for every bit for 
boring of pumps, six pence per pound ; for all carriage 
hoops and tire, two pence per pound ; for every mill saw, 
twelve shillings; for every scale beam, four pence per 
pound ; for every pair of steel yards, for each pound 
they are capable of weighing, one penny per pound ; for 
every spade or shovel, one shilling; for every hoe, one 
shilling; for every pair wrought iron hand irons, four 
pence per pound ; for all kinds of cast iron ware, one 
penny per pound ; for every pair of iron shovel and 
tongs, one shilling; for all sorts of iron crows, spikes, 
tackle and other hooks, thimbles, scrapers and marling 
spikes, two pence per pound ; for all kinds of pump and 
whaling gear, six pence per pound; for all wrought cop- 
per, (sheet copper excepted) including worms for stills, 
nine pence per pound ; for every hat other than beaver, 
beaveret and castor hats, six pence; for every pound of 
loaf sugar, four pence; for every hundred pound weight 
of British cordage, cables and yarns, seven shillings; for 
every hundred pound weight of every other foreign cor- 
dage, cables and yarns, three shillings; for every ounce 
of wrought gold. I < j n shillings; for every ounce of wrought 



1785. — Chapter 17. 455 

silver, two shillings; for every pair of wool or cotton 
cards, one shilling; for every pair of buckskin breeches, 
nine shillings; for every pair of other leather breeches, 
four shillings; for every pair of leather gloves and mitts, 
one shilling ; for every pound of wash leather, three shil- 
lings; for every pound of painter's colours, ground in 
oil, tico pence; for every pack of playing cards, hro shil- 
lings; for every pound of manufactured tobacco, four 
pence; for every yard of paper hangings, one penny ; for 
every clock, twenty-four shillings; for every house jack, 
twelve shillings. 

And be it further enacted by the authority aforesaid, 
That from and after the first day of August next, there Duties of 

* excise. 

shall be paid on the following articles, the duty or excise 
to them respectively hereafter affixed, viz. — For every 
gallon of New England rum, one penny; for every 
gallon of foreign rum, six pence; for every gallon of 
every other foreign distilled spirits, six pence; for every 
gallon of Madeira wine, eight pence; for every gallon of 
every other kind of wine, six pence; and the duty and 
excise of ten per centum ad valorem, at the time and place 
of importation, on all gold and silver watches, all kinds 
of jewellery and paste work ; gauzes, lawns, cambrick, 
muslins, silks of all kinds, flowers and feathers, usually 
worn for ornament, silk hose, mitts and gloves, silk and 
gauze handkerchiefs, silk velvet, shawls, ribbons, sarsnet ; 
all kinds of wigs, cushions, and other hair manufactures ; 
tin ware, seamen's compasses, starch, hair powder, chil- 
dren's toys, marble and China tile ; raisins, citron, almonds, 
nuts and cordials, mustard and linseed oil. 

And be it further enacted by the authority aforesaid, 
That from and after the first day of August next, no duty fodutyshaiibe 

•', ; . .' demanded on 

shall be demanded on any molasses imported into this molasses im- 

f ^ ,, . iVi« ,i -j.' c ported in Amer- 

Commonwealth in vessels belonging to the citizens of any lean vessels, 
of the United States, any law to the contrary notwith- 
standing ; and that for all molasses, other than that which 
is above described, there shall be paid an impost of Jive 
per centum, instead of the duty heretofore required ; and 
the Collectors of Impost and Excise, and all others con- 
cerned, are directed to govern themselves accordingly. 

And be it further enacted by the authority aforesaid, 
That from and after the first day August next, all loaf ^ te 8 d n f 
sugar shall be exempted from the duties required to be {gj 



456 1785. — Chapter 17. 

paid on the same by the acts aforesaid, to which this is in 
addition. 

And be it further enacted by the authority aforesaid, 

°o n und e t nn be per That ^ rom anc * a ^ er tne ^ r,sti ^ a y °^ August next, there 
paid on an loaf shall be paid an excise of one penny per pound on all loaf 
sugar : And every person that shall import into this Com- 
monwealth, by land or water, any loaf sugar, or any other 
articles whereon a duty of excise is required by this act, 
or to whom any such loaf sugar, or any excised articles 
aforesaid, may be consigned, shall be, and is, hereby pro- 
hibited from selling the same, or any part thereof, without 
having a permit so to do from the Collector of Excise, or 
Penalty for sen- hi s deputy. And every person owning or possessing, any 

mtr excised arti- r- •/ «/ r o i # o ^ 

cies without a loaf sugar, or manufacturing the same, or possessing any 
other articles whereon a duty of excise is required by this 
act, shall be, and hereby is, prohibited from selling such 
sugar or any other of the excised articles aforesaid, or 
any part thereof, from and after the first day of August 
next, without having a permit so to do from the Collector 
of Excise or his deputy, on forfeiture of a sum not less 
than forty shillings, nor more than Twenty pounds, and 
the value of the sugar, or other of the excised articles 
aforesaid so sold. And the collectors and their deputies 
are hereby empowered and required to grant permits on 
the same conditions and in the same manner as prescribed 
by law for selling other excised articles. 

And be it further enacted by the authority aforesaid, 
wllomcoiiected. That all the duties of impost and excise aforesaid, shall 
be collected by the same persons, and in the same man- 
ner as are prescribed in the said acts to which this is in 
addition ; and a remission of the duties aforesaid, in case 
of exportation by water, shall be allowed in the same 
Allowance on manner as is provided for in said acts. And there shall 
ported by water, be allowed one penny per pound on all chocolate 1 which 
shall be manufactured within this Commonwealth, and 
from thence exported by water, — the exporters thereof 
giving bonds and observing all other rules prescribed to 
be observed in the case of exportation of excised articles 
by water, in order to obtain a remission of the duties of 
excise. 

And to prevent smuggling : 
ap|mmt u P erson 8 ^ G l( further enacted by the authority aforesaid. That 
logiveinfor- the Select men of I lie several towns in this Commonwealth, 



1785. — Chapter 17. 457 

be, and they are, hereby required and directed, from time mationofiiii 

. . ~ . i ii ■•' i •/ • ., breaches of this 

to time, :i> they shall hud it necessary, to appoint one or ilc t. 
more suitable person or persons, whose duty it shall he to 
give information to the Collector of Impost and Excise, or 
to his deputy, of all breaches of this a«t that shall come 
within his or their knowledge. 

And to render the revenue arising from impost and 
excises permanent and efficient, it is necessary to prevent 
every species of smuggling : 

Be it therefore enacted. That not only all dutied articles Forfeiture for 
brought into this State by land contrary to law, shall he land, 
forfeited, but also the cart, waggon, sled, or any other 
conveyance whatever on which said articles shall be 
found, and also the horses, oxen or other creatures draw- 
ing the same, with all their tackling and appurtenance.-., 
shall be forfeited: And any person that is now author- 
ized by law to make any kind of seizure, is hereby 
directed and empowered to seize and secure the same for 
trial. 

And be it further enacted, That not only all goods, vessels bring- 
wares and merchandize brought into this Commonwealth Lateral in'the 
on board of any vessel or float, which shall not be entered ™£; tobe 
in the manifest, shall be forfeited, but also the vessel or 
float, with their appurtenances, provided the owner or 
master of said vessel or float are the persons to whom the 
goods belong that may be imported and not entered as 
aforesaid. And the Naval Officers, Collectors, and their How disposed 
Deputies, are authorized and required to seize and secure 
such vessel or float, with all its apparel and appurte- 
nances, for trial ; and on the condemnation thereof, the 
net proceeds shall be disposed of as the law directs 
respecting goods so seized. And if any Collector of c j ° , t ^ ct ° h s ei ° eg - 
Impost and Excise, or his deputy, shall wilfully neglect or duty; penalty, 
refuse attending to his duty, as prescribed in this act, 
and be thereof convicted, he shall ever after be rendered 
incapable of holding any place of trust, honor or profit, 
within this Commonwealth. 

And be it farther enacted by the authority aforesaid, 
That all monies arising from this act, excepting such as Moniesn 
are otherwise appropriated, shall be applied for the pay- howapp 
ment of interest, as specified in the act herein first named, 
and for no other purpose. And this act shall continue 
and be in force during the continuance of the aforesaid 
acts, and no longer. July 2, 17S5. 



458 



1785. — Chapter 18. 



Chap, 



Preamble. 



Former act 
repealed. 



Preamble. 



Instruments, 
&c. dutied. 



1785. — Chapter 18. 

[May Session, ch. 17.] 
Jg AN ACT FOR REPEALING A LAW OF THIS COMMONWEALTH, 
ENTITLED, " AN ACT IMPOSING DUTIES ON LICENCED VEL- 
LUM, PARCHMENT AND PAPER," AND FOR IMPOSING OTHER 
DUTIES ON CERTAIN PAPERS, COMMISSIONS, INSTRUMENTS 
AND PROCESSES. 

Whereas the said act, entitled " An act imposing duties 
on licenced vellum, parchment and paper," will be incon- 
venient in its operation : 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority 
of the same, That the act aforesaid, and every article, 
matter and thing therein contained, he, and the same 
hereby is, repealed and rendered null and void. 

And whereas by means of the late war a considerable 
public debt hath arisen, and it is the duty of the Legisla- 
ture, and for the interest of their constituents, that ways 
and means the least burdensome, be provided for the punc- 
tual discharge of the interest, and the gradual lessening 
the principal thereof; and whereas considerable sums of 
money may be collected from certain papers, commissions, 
instruments and pi'ocesses : 

Be it therefore enacted by the authority aforesaid, That 
from and after the first day of August next, there shall 
be levied, collected, and paid, throughout this Common- 
wealth, for the several and respective writings, instru- 
ments and things hereafter mentioned, the several and 
respective rates, duties, charges and sums of money here- 
inafter expressed, that is to say, 

For every deed that shall be recorded by any Register 
of Deeds, in any of the counties of this Commonwealth, 
one shilling, to be paid to such Register by the person 
procuring such deed to be recorded. 

For every original writ issued from the office of a 
Clerk of CommoD Picas, eight pence. 

For every original writ issued by any Justice of the 
Peace , four pence. 

For every writ of execution issued by a Clerk of the 
Supreme Judicial Court, eight pence. 

For every writ of execution issued by the Clerk of any 
Court of Common Pleas, eight pence. 

For every writ of execution issued by a Justice of the 
Peace, four pence. 



1785. — Chapter 18. 459 

For every confession of a judgment before any Justice 
of the Peace, four pence. 

For every register of a vessel, one shilling. 

For every charter party, three shillings. 

For every policy of insurance, two shillings. 

For each advertisement respecting private concerns, of 
the length of twelve lines, computing eight words to a 
line, or any less advertisements, each time the same shall 
be inserted in a news paper, nix pence; on each such 
advertisement of greater length, and less than twenty 
such lines, one shilling, for each time inserted as afore- 
said ; and in that proportion for all advertisements of 
greater length. 

For every bill of lading, one penny. 

For every commission for the office of Sheriff in either 
of the counties of Suffolk, Essex, Middlesex, Hampshire, 
Worcester and Berks hire, Twelve pounds ; and in any other 
county in the Commonwealth, Six pounds. 

For the appointment of any person to be Clerk of the 
Supreme Judicial Court, or Clerk of a Court of Common 
Pleas in either of the counties of Suffolk, Essex, Middle- 
sex, Hampshire, Worcester or Berkshire, Twelve pounds ; 
and for the appointment of any person to be Clerk of a 
Court of Common Pleas in any other county in the Com- 
monwealth, Six pounds. 

For each Register of Deeds, on every choice, twenty 
shillings. 

For every commission for the office of a Justice of a 
Court of Common Pleas, twenty shillings. 

For every commission for the office of a Judge of Pro- 
bate, twenty shillings. 

For every commission for the office of Register of Pro- 
bate, twenty shillings. 

And no person shall be qualified to exercise either of 
the offices aforesaid, or perform any of the duties thereof, 
until he hath actually paid to a Collector of Impost and 
Excise, the duty imposed by this act, and obtained a cer- 
tificate thereof. 

For every admission of any person to practice as an 
Attorney in a Court of Common Pleas, Six pounds. 

For the admission of any person to practice as an 
Attorney in the Supreme Judicial Court, Nine pounds. 

And no person not already admitted to practice as 
aforesaid, shall do the business of an Attorney in either 



460 1785. — Chapter 18. 

of the Courts aforesaid, until he hath paid to the Clerk 
of such Court the duty imposed as aforesaid. 

For the admission of any person to the degree of a 
Barrister at Law, Twelve pounds; and no person not 
already admitted thereto, shall hereafter enjoy the rank 
and degree of a Barrister at Law, until he hath paid to 
the Clerk of the Supreme Judicial Court the duty 
aforesaid. 
Proviso. Provided always, That nothing in this act shall be con- 

strued to extend to the preventing any person from exer- 
cising the right he hath of supporting his cause, or 
defending himself, by himself or his Counsel at his 
election. 

And be it further enacted by the authority aforesaid, 
to l \Ikl P p"a.Z u 8 That for all writs issued before the said first day of August, 
the pa°8in C g o°/ D y an y Justice of the Peace or the Clerk of any Court of 
tins act. Common Pleas, after such Justice or Clerk shall have had 

notice of the passing of this act, the same duty shall be 
paid as if such writ had been issued after the said first day 
of August; and no deed which shall be made after the 
said first.day of August, shall be recorded after the expi- 
ration of six months from the time of making the same, 
unless the person requesting that the same may be 
recorded, shall pay to the Register a duty of six shillings. 
sonrshaiuc 6 '" And be it further enacted, That the Register of Deeds 
oo"!ecwr, b and e m the several counties of this Commonwealth, shall at the 
Pmpo h e e d dutie8 enc ^ °^ ever .Y three months, from the said first day of 
August, render to the Collector of Excise for the county 
whereof he is Register, or to his Deputy, an account 
upon oath of the number of all deeds by him recorded or 
received for that purpose, and shall pay to such Collector 
or Deputy the duty arising thereon* by this act; and 
every Justice of the Peace and Clerk of the Court of 
Common Pleas in the several counties, and the Clerks of 
the Supreme Judicial Court, shall in like manner, at the 
end of every three months, render an account upon oath 
to the Collector of Excise of the county wherein they 
respectively live, of all writs by them respectively issued, 
upon which a duty is imposed by this act; and the 
several Clerks aforesaid shall also render an account to 
such Collector, of the Attorneys admitted at their respec- 
tive Courts ; and the said Clerks and Justices shall pay to 
such Collector the whole sum of the duties imposed by 
this act on such writs and admissions; and every Printer 



1785. — Chapter 18. 4(51 

of news papers within this Commonwealth shall, at the 
end of every six mouths from t he said first day of August 
next, render upon oath to the Collector of Excise for the 
county to which he belongs, an account of the duties by 
him, or the company to which he belongs, owing for the 
advertisements printed by him or them, and shall pay the 
duties imposed thereon by this act. And if any Register Persons refus- 
of Deeds, Justice of the Peace, Clerk of any Court of 
Common Pleas, or of the Supreme Judicial Court, or any 
Printer of a news paper, shall refuse or neglect to render 
an account as aforementioned, and pay the duties to the 
Collector as aforesaid, such Register, Justice, Clerk, or 
Printer, thus refusing or neglecting, shall forfeit and pay Penalty, 
to the use of this Commonwealth, the sum of One hundred 
pounds, to be sued for and recovered by the Collector of 
the county to which they respectively belong, in any 
Court proper to try the same. 

And be it further enacted by the authority aforesaid, 
That for the purpose of effectually levying and collecting charter Parties, 
the duties imposed by this act on charter parties, policies ance, and bins 
of insurance, and bills of lading, the same shall be signed be signed by* 
on the left hand by some one of the Naval Officers of the cetihTsi!au ffi 
countv where the same shall be made, who shall receive receive the 

J 1 duties. 

the duties imposed as aforesaid, and shall render an 
account upon oath so often as he is obliged by law to 
account for light money received by him, unto the Treas- 
urer of this Commonwealth, for the duties imposed by 
this act on registers of vessels, charter parties, policies of 
insuiance and bills of lading. 

Be it further enacted by the authority aforesaid, That ™°ed D B°han be 
every charter party, policy of insurance and bill of lad- utterly void. 
ing, engrossed or written after the first day of September 
next, in the counties of Suffolk, Essex and Middlesex, 
and in every other part of the Commonwealth after the 
first day of October next, the same not being signed as 
by this act is required, shall be utterly void and of no 
effect whatever. 

And be it further enacted by the authority aforesaid, 
That if any person or persons shall at any time hereafter Penaityfor 

...'., x . i • i i ii i counterfeiting, 

counterfeit or forge anv mark or signature which shall he forging, or fraud- 

• -i -, -.1 j, \ . , i n nlently using, 

provided or used in pursuance or this act, or shall conn- any markorsig. 
terfeit or resemble the impression of the same, upon vel- or^use^npur! 
lum, parchment or paper, with an intention to deprive the suanceof this 
Commonwealth of any of the duties aforesaid, or shall 



462 1785. — Chapter 19. 

utter, sell or dispose of any vellum, parchment or paper, 
having thereon any such counterfeited or forged marks or 
signatures, knowing the said marks or signatures to be 
forged or counterfeited ; or if any person shall privately 
or fraudulently use any mark or signature provided or 
used in pursuance of this act, with an intent thereby to 
defraud the Commonwealth, every person so offending, 
and being thereof convicted before the Supreme Judicial 
Court, shall forfeit and pay a sum not exceeding Five hun- 
dred pounds, be subjected to be confined to hard labour 
for a term not exceeding seven years, be whipped not 
exceeding thirty-nine stripes, or suffer either or all of the 
said punishments, according to the nature and aggrava- 
tion of the offence. 
collectors of A na \ fa n further enacted, That the several and respec- 

mipost and ex- J ' . . . _^ 1 

cise shaii keep a tive Collectors of Impost and Excise in this lommon- 
erIt U e a accoun 8 t e of wealth, shall keep a regular and separate account of all 
higbyThTsact?" monies arising by this act, and shall render the same, and 
pay the monies which they may receive by virtue of this 
act, into the Treasury of this Commonwealth, at the times 
by law required for payment of the monies arising by 
impost and excise ; and the said Collectors shall receive 
the same commissions for the collection of the duties 
hereby imposed, as are provided for the collection of the 
duties arising from impost and excise. July 2, 1785. 

1785. — Chapter 19. 

[May Session, ch. 18.] 

Chat) 10 AN ACT F0R REVIVING AND CONTINUING SUNDRY LAWS THAT 
V' ARE EXPIRED AND NEAR EXPIRING. 

Preamble. Whereas the several acts hereinafter mentioned, which 

:ire now expired or near expiring, have been found useful 
and beneficial,^.: One act made in the year of our 
Lord, one thousand seven hundred and fifty-two, entitled, 
" An act for the further preventing all riotous, tumultous 
and disorderly assemblies or companies of persons, and 
for preventing bonfires in any of the streets or lanes 
within any of the towns of this Province." Also, an act 
made in the year of our Lord, one thousand seven hun- 
dred and sixty-one, entitled, " An act establishing a 
watch lor the safety and better securing the good order of 
the town of Boston." Also, an act made in the year of 
our Lord, one thousand seven hundred and thirty-nine, 



1785. — Chapter 19. 468 

entitled, "An act for the effectual preventing of horses, 
ne;it cattle, sheep and swine, from running at large or 
feeding upon a certain island, called Plumb Island, lying in 

Ipswich Bay, in the county of Essex." Also, an act made 
in the year of our Lord, one thousand seven hundred and 
forty, entitled, " An act to prevent damage being done to 
the harbour of Cctpe Cod, by cattle and horse kind feed- 
ing on Province Town land." Also, an act made in the 
year of our Lord, one thousand seven hundred and fifty- 
seven, entitled, "An act to prevent damage being done 
unto Billingsgate Bay, in the town of Eastham, by cattle 
and horse kind, and sheep, feeding on the beach and 
islands adjoining thereto." Also, an act made in the year 
of our Lord, one thousand seven hundred and forty-four, 
entitled, " An act in addition to the act for preventing 
damage to the harbour of Cape Cod, by cattle and horse 
kind feeding on Province Town lands." Also, an act 
made in the year of our Lord, one thousand seven 
hundred and forty-six, entitled, " An act to prevent 
damage being done unto Nosset Meadow, by cattle and 
horse kind feeding on the beach adjoining thereto " 
Also, an act made in the year of our Lord, one thousand 
seven hundred and forty-nine, entitled, "An act to pre- 
vent damage being done on the beach in Biddeford, and 
meadows adjoining to said beach, commonly known by 
the name of Winter Harbour Beach." Also, an act 
made in the same year, entitled, " An act to prevent the 
disturbance given the General Court by the passing of 
coaches, chaises, carts, trucks and other carriages, by the 
Province Court House." Also, an act made in the year 
of our Lord, one thousand seven hundred and fifty-three, 
entitled, " An act to prevent neat cattle and horses run- 
ning at large, and feeding on the beaches and meadows 
below the banks, in the town of Truro, from the house of 
Joshua Atkins to Bound Brook, and also in the common 
meadow at and about Pamit Harbour and river, as far up 
as the w;uling place by John LumbarCs." Also, an act 
made in the year of our Lord, one thousand seven hun- 
dred and fifty-eight, entitled, " An act for altering a 
clause in an act made in the thirtieth year of his present 
Majesty's reign, entitled, " An act to prevent damage 
being done on the Billingsgate Bay, in the town of East- 
ham, by cattle and horse kind, and sheep, feeding on the 
beach and islands adjoining thereto." Also, an act made 



464 1785. — Chapter 10. 

in the year of our Lord, one thousand seven hundred and 
fifty-seven, entitled, " An act to prevent damage being 
done on the meadows and beaches lying in the township 
of Barnstable, on the south side of the harbour contiguous 
to 'the common held in said town." Also an act made in 
the same year, entitled, " An act to prevent neat cattle, 
horses and sheep, running at large and feeding on the 
beaches between Wells and Ogunquit harbours, in the 
town of Wells, and to prevent the mowing of the same." 
Also, an act made in the year of our Lord, one thousand 
seven hundred and sixty-one, entitled, " An act to prevent 
damage being done on the meadows and beaches lying in 
and adjoining on the north side of the town of Harwich, 
between Shekel harbour on the east, and Quivet harbour 
on the west." Also, an act made in the same year, enti- 
tled, " An act in addition to an act, made and passed this 
present year, entitled, " An act to prevent damage being 
done on the meadows and beaches lying in and adjoining 
to the north side of the town of Harwich, between 
Skeket harbour on the east, and Quivet harbour on the 
west." Also, an act made in the year of our Lord, one 
thousand seven hundred and forty-three, entitled, " An 
act for preventing mischief by unruly dogs on the island 
of Nantucket" Also an act made in the year of our 
Lord, one thousand seven hundred and forty-four, enti- 
tled, " An act to prevent mischief being done by unruly 
dogs." Also, an act made in the year of our Lord, one 
thousand seven hundred and sixty-live, entitled, " An act 
1o prevent damage being done in the woods in Plymouth, 
Sandwich, Barnstable, Falmouth and Wareham, by hunt- 
ing with hounds and dogs." Also, an act made in the 
year of our Lord, one thousand seven hundred and 
seventy-two, entitled, " An act for regulating town 
meetings in the town of Danvers" Also, an act made in 
the year of our Lord, one thousand seven hundred and 
forty, entitled, " An act in further addition to an act for 
regulating of fences, Slc." Also, an act made in the year 
of our Lord, one thousand seven hundred and sixty-five, 
entitled, " An act for the preservation and increase of 
moose and deer on Tarpolin Cove Island and Nenemesset 
Island, lying and being in the county of Dukes County." 
Also, an act made in the year of our Lord, one thousand 
seven hundred and forty-seven, entitled, " An act to pre- 
vent the destruction of wild fowl." Also, an act made in 



1785. — Chapter 19. 465 

the year of our Lord, one thousand seven hundred and 
forty-eight, entitled, "An act to prevent damage by tire 
in the towns of Boston and Ckarlestoum." Also an act 
made in the year of our Lord, one thousand seven hundred 
and forty-nine, entitled, " An act to prevent any persons 
obstructing the fish in their passing U p into Monatiquot 
Hirer, within the town of Braintree." Also, an act made 
in the year of our Lord, one thousand seven hundred and 
fifty, entitled, " An act in addition to an act for regulat- 
ing fences, cattle, &C." Also, an act made in the year of 
our Lord, one thousand seven hundred and fifty-three, 
entitled, "An act in addition to the several laws of this 
government, made for the regulating general fields." 
Also, an act made in the year of our Lord, one thousand 
seven hundred and fifty-nine, entitled, " An act in addi- 
tion to an act, entitled an act for regulating of fences, 
cattle, &c." Also, an act made in the year of our 
Lord, one thousand seven hundred and sixty, entitled, 
" An act relating to ferries." Also, an act made in 
the year of our Lord, one thousand seven hundred and 
sixty-two, entitled, " An Act in addition to the several 
acts made to prevent damage by lire in the town of Bos- 
ton" Also, an act made in the year of our Lord, one 
thousand seven hundred and sixty-four, entitled, " An 
act to enable the Collectors of Taxes in the town of Bos- 
ton to sue for and recover the rates and taxes given them 
to collect, in certain cases." Also, an act made in the 
year of our Lord, one thousand seven hundred and sixty- 
four, entitled, " An act in addition to the act, entitled, 
"An act to prevent the unnecessary destruction of ale- 
wives in the town of Middleborough." Also, an act made 
in the year of our Lord, one thousand seven hundred and 
sixty-live, entitled, " An act for preventing the unneces- 
sary destruction of ale wives within this province